Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Department
Supreme Court Published Opinions - September 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.

9-2-2003 - Opinions

25711 - Barnette v. Adams Brothers Logging, Inc.

Issues are whether the trial court erred in excluding plaintiffs' experts and in dismissing their cases for failing to timely cooperate in discovery.

9-8-2003 - Opinions

25712 - Duckson v. State

No cognizable PCR claim exists where the petitioner asserts a claim of ineffective assistance of counsel at a parole revocation hearing since there is no sixth amendment right to counsel at such a proceeding.

25713 - Toler v. Trident Construction Company

This case involves the issues of whether a lower court's order compelling arbitration is immediately appealable, whether the court erred by granting a motion to compel arbitration, and whether the arbitration clause is unconscionable.

9-15-2003 - Opinions

25714 - Georgia Department of Transportation v. Jasper County

In this condemnation case, the Court determines whether the property is being taken for public use as required by our State Constitution.

25715 - Charleston Dry Cleaners v. Zurich American Insurance

In this certified question case, the issue is whether an independent insurance adjuster owes a duty of care to the insured.

25716 - In the Matter of Marshall Usher Rogol

This opinion publicly reprimands Marshall Usher Rogol for attempting to charge a fee for a criminal appointment, failing to reduce a contingency fee agreement to writing, failing to communicate and consult with a client regarding the objectives of the representation, and failing to comply with financial recordkeeping requirements.

25717 - In the Matter of Michael G. Olivetti

This opinion disbars Michael G. Olivetti for misappropriating and commingling client funds and for forging signatures on checks.

25718 - In the Matter of Michael E. Atwater

This opinion publicly reprimands Michael E. Atwater for failing to diligently represent clients in a number of matters.

9-22-2003 - Opinions

25719 - Payne v. State

Petitioner's counsel was not ineffective for failing to object to counsel for co-defendant’s comment on Petitioner’s right not to testify.

25720 - Rogers v. Norfolk Southern

This opinion affirms as modified the Court of Appeals' opinion and holds that the federal standard of JNOV applies to this case. However, Norfolk Southern was not negligent in dispatching Roberts.

9-29-2003 - Opinions

25721 - In the Matter of Oliver

This disciplinary involves a lawyer being suspended for misappropriating funds.

25722 - Fountain Inn and Simpsonville Municipal Court Judge William G. Walsh

This opinion removes Fountain Inn and Simpsonville Municipal Court Judge William G. Walsh from office for intemperate behavior and failing to abide by an administrative order of the Chief Justice.

25723 - In the Matter of Jones

This opinion disbars Wade H. Jones, III for misappropriating client funds.

25724 - In the Matter of Brown

This opinion publicly reprimands Russell Brown for numerous ethical violations.

25725 - In the Matter of Harrison

This opinion suspends David R. Harrison for thirty days for failing to communicate with a client, failing to reduce a contingency fee agreement to writing, failing to render candid advice regarding the merits of the client's case and failing to inform the client of the applicable statute of limitations.

25726 - In the Matter of Spell

This opinion publicly reprimands Jeffrey T. Spell for allowing a mortgage broker to execute closing documents outside Mr. Spell's presence and for failing to timely record a deed in another matter.

25727 - In the Matter of Paschal

This opinion publicly reprimands Kay F. Paschal for failing to respond to inquiries from Disciplinary Counsel, failing to keep adequate records of continuing legal education requirements, and neglecting a legal matter.

25728 - In the Matter of Weinberg

This opinion suspends M.M. Weinberg, III indefinitely for numerous ethical violations.

25729 - In the Matter of Chastain

This is an attorney disciplinary matter.

9-29-2003 - Orders

ORDER - In the Matter of Robert J. Cantrell
This order places Robert J. Cantrell on interim suspension and appoints Rame Lamber Campbell to protect the interests of Mr. Cantrell's clients.
ORDER - In the Matter of Robert Lee Newton, Jr.
This order places Robert Lee Newton, Jr. on interim suspension based on his arrest for manufacturing marijuana with intent to distribute and possssion of marijuana with intent to distribute, and appoints Lewis Lesesne Hendricks, Jr. to protect the interests of Mr. Newton's clients.
ORDER - In the Matter of M. Parker Vick
This order places M. Parker Vick on interim suspension and appoints Edward L. Bailey and Robert H. Cooper to protect the interests of Mr. Vick's clients.