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South Carolina
Judicial Department
Supreme Court Published Opinions - March 2004

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.

3-1-2004 - Opinions

25786 - State v. Richard Moore

Moore was convicted of murder and sentenced to death. The issues on appeal are whether the trial court erred in limiting the scope of Moore’s closing argument at both guilt and sentencing phases?

25787 - Dukes v. Redmond

This is an election protest involving procedural and substantive issues including the residence of eligible voters in a mayoral race.

25788 - Wilson v. Rivers

This case involves the issue of whether the Court of Appeals erred by affirming the trial court's exclusion of petitioner's expert on biomechanics.

3-1-2004 - Orders

ORDER - Amendment to the Rules of the Board of Law Examiners
The Court approved the Board of Law Examiners' request to amend Section B.2(c) and B.3(b) to correspond to the special accommodations filing deadlines established by Rule 402(d)(3), SCACR.
ORDER - In the Matter of Kenneth B. Massey
An order appointing Norton M. Geddie as the attorney to protect for Kenneth Massey.
3-8-2004 - Opinions

25789 - Tisdale v. State

Post-conviction relief judge used the wrong standard in deciding that appellate counsel was required to raise all meritorious issues on appeal.

25790 - John Black v. Patel

The issue in this case involves the warranty to defend in a general warranty deed and whether the Court of Appeals erred in affirming the denial of attorneys' fees.

3-15-2004 - Opinions

25791 - Cowan v. Allstate

The Court reversed the decision of the Court of Appeals, and held that S. C. Code Ann. § 38-77-142 (B) did not impact the decsion in Shores v. Weaver, 315 S.C. 347, 433 S.E.2d 913 (Ct. App. 1993).

25792 - Pratt v. Morris Roofing

This workers' compensation case raises the issues of whether the Court of Appeals erred by holding the employee left the scope of his employment and whether the Court of Appeals erred by finding the employer did not provide transportation to its employees.

3-22-2004 - Opinions

25793 - Raby Construction v. Orr

This direct appeal involves, among other issues, the issue of whether the distinction between intrinsic and extrinsic fraud applies on a Rule 60(b)(3) motion filed within one year from judgment.

25794 - In the Matter of an Anonymous Former Probate Judge

In this opinion, the Court issues a public reprimand where a former probate judge collected fees for performing marriage ceremonies and retained the fees for his personal use.

25795 - Jerome Mackey v. State

Reversing conviction where solicitor nol prossed petitioner's indictment yet continued to prosecute petitioner without re-indicting him.

25796 - Joseph Sheppard v. State

This opinion holds petitioner was entitled to a belated appeal and affirms his convictions for murder and possession of a firearm during the commission of a violent crime.

25797 - Helena Chemical Company v. Allianz Underwriters Insurance Company

This is an insurance coverage case in which the appellant sought, among other things, indemnification from its various primary and excess insurers for environmental cleanup costs. The Court holds that the plain, ordinary meaning of “damages” includes environmental cleanup costs. The Court also holds that summary judgment was properly granted as to the pollution exclusion issue and the bad faith claims.