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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.
5-3-2004 - Opinions
25815 - Newell v. Trident Medical
The Court reversed jury verdicts against a hospital, holding that the attending physician was not the hospital's actual agent for purposes of obtaining the patient's informed consent.
The Court upheld Petitioner's conviction holding that the jury was not wrongfully influenced when the jury's foreman concealed that he had been the victim of an attack because the foreman's concealment was unintentional as per State v. Woods, 345 S.C. 583, 550 S.E.2d 282 (2001).
This case concerns the nuisance exception to the common enemy rule of diverged surface waters.5-3-2004 - Orders
ORDER - In the Matter of Phillip Wayne Hudson
This order concerns the interim suspension of a judge.ORDER - Amendments to the South Carolina Rules of Civil Procedure
5-11-2004 - Opinions
We affirm the trial court's rulings on all counts, and affirm Appellant's convictions.
A jury convicted Hastings Arthur Wise (Appellant) of four counts of murder, three counts of assault and battery with intent to kill, one count of second-degree burglary, and four counts of possession of a weapon during the commission of a violent crime. Appellant committed the crimes at the R.E. Phelon manufacturing plant in Aiken County in September 1997, where he formerly was employed. The Supreme Court affirmed the convictions and sentence of death for each count of murder. The Court held the trial judge properly excused a potential juror for cause because her religious beliefs would have prevented her from fulfilling her responsibilities as a juror. The Court further held the trial judge properly refused to allow a surviving victim, called by the prosecutor to provide victim impact evidence, to testify on cross-examination that he previously had stated Appellant should not receive the death penalty.
25820 - SCE&G v. Town of Awendaw
The Supreme Court held that a municipality may, in subsequently annexed or newly incorporated areas, impose a reasonable franchise fee on an electrical utility provider despite the lack of a franchise agreement between the two entities. The Supreme Court reversed a prior decision by the Court of Appeals5-17-2004 - Opinions
25821 - In the Matter of Colleton County Magistrate Rearden
This opinion involves magistrate misconduct.
25822 - In the Matter of McMillian
This is an attorney disciplinary matter
We affirm the family court's civil contempt order but reduce the amount owed, finding that the court erred in awarding pre-judgment interest.5-24-2004 - Opinions
This domestic relations dispute involves, among other things, child custody, alimony, attorney's fees, and judicial recusal issues.
This domestic relations dispute involves whether Appellant is entitled to post-judgment interest on his share of a brokerage account.
The issue in this case is whether the PCR judge erred in concluding Patterson’s counsel was ineffective because Patterson was sentenced as a second-time offender.
25827 - Kiawah Property Owners Club v. The Public Service Commission of Sout Carolina
"This Court finds that the circuit court did not err in affirming the PSC's determination to allow Kiawah Island Utility to increase its utility rates."
The trial judge properly excluded evidence of the actual amount paid for medical bills in a personal injury suit under Rule 403, SCRE.
25829 - Denene, Inc. v. City of Charleston
Charleston bar owners sought to have a city ordinance, which required all commercial establishments that serve alcohol close at 2 a.m., declared invalid. The Court affirmed the trial court's grant of summary judgment in favor of the City of Charleston, holding that the ordinance did not violate the bar owners' equal protection or due process rights, and that the ordinance was not a regulatory taking without compensation.