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South Carolina
Judicial Department
Supreme Court Published Opinions - February 2006

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.

2-6-2006 - Opinions

26105 - State v. Means

The Court of Appeals vacated Respondent’s conviction for criminal domestic violence of a high and aggravated nature, holding the circuit court lacked subject matter jurisdiction due to a deficient indictment which could not be amended pursuant to the State’s pretrial motion. The Supreme Court reversed in light of a recent opinion which held that the sufficiency of an indictment no longer is an issue of subject matter jurisdiction. The Supreme Court discussed the analysis of a pretrial motion filed by the State to amend an indictment in light of the recent authority.

26106 - State v. Miller

This case involves the issues of whether the Court of Appeals erred by remanding the case to the trial court and whether a defendant has standing to challenge the identification of an alleged co-participant in a crime.

26107 - Williamsburg Rural Water and Sewer Company, Inc. v. Williamsburg County Water and Sewer Authority

The Court reversed a Court of Appeals opinion which had affirmed the grant of summary judgment in a case involving the construction of S.C. Code Ann. § 33-35-90.

26108 - Clearwater Trust v. Bunting

The Court affirms the circuit court's order granting a Rule 12 (b)(6) motion filed by a corporation and one of its officers.

26109 - In the Matter of Richland County Magistrate Golie S. Augustus

This is an opinion suspending a magistrate.

26110 - In the Matter of Marlene T. Sipes

This is an opinion in which the Court disbars an attorney.

26111 - In the Matter of Donald A. Kennedy, Jr.

This is an opinion in which the Court disbars an attorney.

26112 - In the Matter of Peter L. Murphy

This is an opinion in which the Court disbars an attorney.

2-6-2006 - Orders

ORDER - In the Matter of H. Dewain Herring
This is an order placing an attorney on interim suspension.
2-13-2006 - Opinions

26113 - Stone v. Roadway Express

The Court held that worker's compensation benefits awarded pursuant to the first paragraph of § 42-9-10 abated upon the recipient's death from causes unrelated to the compensable injury pursuant to § 42-9-280.

26114 - Simpson v. Moore

Respondent-Petitioner Simpson was found guilty of murder and received a death sentence. The Post Conviction Relief (PCR) court denied relief on all issues related to guilt but granted relief on sentencing. This Court affirmed in part and reversed in part; granting Simpson’s PCR request on the grounds that the prosecution withheld exculpatory information relating to an armed robbery charge, and reversing the PCR court’s grant of relief on the sentencing phase of Simpson’s trial.

26115 - Hughes v. State

Petitioner was convicted of murder in the fatal shooting of a Rock Hill police officer which occurred in 1992, and was sentenced to death. Petitioner filed a post-conviction relief (PCR) application, but later sought to waive his right to pursue PCR and further appeals. The Supreme Court, after extensively reviewing Petitioner’s mental status as shown in the record and in hearings before the circuit court and Supreme Court, held Petitioner was not mentally competent to waive the right to pursue PCR under the standard set forth in Singleton v. State, 313 S.C. 75, 437 S.E.2d 53 (1993). The Supreme Court concluded Petitioner does not understand the nature of the PCR proceeding which he wishes to waive the right to pursue; nor does he possess sufficient capacity or ability to rationally communicate with his lawyer. The Supreme Court remanded the case for further proceedings.

2-13-2006 - Orders

ORDER - In the Matter of Jessica R. Boney
This is an order placing an attorney on interim suspension.
2-21-2006 - Opinions

26116 - State v. Morgan

This criminal case involves the issue of whether appellant should be allowed to present evidence on a remand for re-sentencing that he is entitled to a sentence less than life imprisonment.

2-21-2006 - Orders

ORDER - Amendments to the South Carolina Appellate Court Rules
2-27-2006 - Opinions

26117 - In the Matter of Greenville County Magistrate Don I. Hensley

This is an opinion in which the Court publicly reprimands a magistrate.

26118 - Capco of Summerville, Inc. v. J.H. Gayle Construction Company, Inc.

The issue on appeal is whether the plaintiff's claim for contribution is barred by the statute of repose set forth in S.C. Code Ann. Section 15-3-640(6).

26119 - SC Department of Social Services v. Seegars

The Court affirmed as modified the termination of Appellant’s parental rights.