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Supreme Court Seal
South Carolina
Judicial Department
Supreme Court Published Opinions - October 2003

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.

10-13-2003 - Opinions

25730 - Dukes v. Rural Metro Corporation

This Court holds that Dukes cannot recover Workers' Compensation benefits for an accidental gunshot wound that occurred while he was on a smoke break.

25731 - Robinson Laundry v. State

This case addresses whether a portion of the Sales and Use Tax Act violates the equal protection clauses of the United States and South Carolina Constitutions.

25732 - State v. Dunbar

In this opinion the Court vacated the Court of Appeals opinion in part and remanded the constitutional issues to it because the Court of Appeals reached unpreserved grounds in making its decision.

25733 - Bray v. Marathon Corporation

This products liability case involves the issue of whether the trial court properly granted summary judgment on Bray's negligence, strict liability, and warranty claims.

25734 - In the Matter of Foster

In this opinion, Robert Paul Foster is publicly reprimanded for failing to supervise a non-lawyer employee who was handling real estate closings.

25735 - Davis v. Davis

This is an appeal of a child custody determination.

10-13-2003 - Orders

ORDER - Commission on Continuing Legal Education and Specialization
The South Carolina Commission on Continuing Legal Education and Specialization has furnished the attached list of magistrates and municipal judges who have not complied with the continuing legal education requirements of Rule 510, SCACR.
ORDER - Criminal Domestic Violence Pro Bono Program
The Attorney General of South Carolina has initiated a program that will use pro bono lawyers to prosecute criminal domestic violence cases in magistrate and municipal courts.
ORDER - Amendment to Rule 510, SCACR
This Order amends Rule 510, SCACR, regarding summary court judge's CLE requirements to add a requirement that municipal judges get 2 hours of ethics CLEs; allows the Boards designee to determine if a course should be accredited and how much credit the course should get; and, allows a civil/criminal designation for courses that are inseparably composed of both civil and criminal elements.
10-20-2003 - Opinions

25736 - Auto-Owners Insurance Company v. Carl Brazell Builders, Inc

This case addresses whether an insurer is required to defend its insured under the terms of a commercial general liability policy.

25737 - State v. Gordon

Issues are whether Gordon's trafficking conviction is barred by double jeopardy and whether he was subject to a sentence of life without parole as a recidivist.

10-27-2003 - Opinions

25738 - Andrade v. Jimmy Johnson, Sea Island Air, Inc., and South Carolina Electric & Gas Co., Inc

This case involves the issue of whether the Court of Appeals erred by reversing the trial court's decision granting petitioner's directed verdict motion on respondent's negligence claim.

25739 - Hedgepath v. AT&T

This case involved a statute of limitations issue.

25741 - In the Matter of Abbeville County Magistrate Clinton J. Hall, II

This opinion suspends Abbeville County Magistrate Clinton J. Hall, II, for one year for his conduct during a trial in which he was the defendant.

25742 - In the Matter of Jack T. Flom

This is an attorney disciplinary matter.

10-27-2003 - Orders

ORDER - Amendments to Rule 410(e), SCACR
This amendment to Rule 410(e)(SCRCP) adds languange to ensure that changes of Bar members' addresses will be sent to the South Carolina Bar's address and adds a requirement that attorneys also supply the Bar with the member's e-mail address.
ORDER - Adoption of Judge’s Oath
This order adopts a new Oath of Office for Judges that in addition to the traditional oath of office stress professionalism in office.
ORDER - Amendment to Rule 402, SCACR
This Amendment to Rule 402(k), SCACR enacts a new oath of office for attorneys that adds language requiring professional conduct by attorneys.
ORDER - In the Matter of John Plyler Mann, Jr.
This order places John Plyler Mann, Jr. on interim suspension.