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South Carolina
Judicial Department
Supreme Court Published Opinions - June 2007

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.

6-4-2007 - Opinions

26332 - State v. Miller

This Court held the lower court exercised proper jurisdiction in accepting Petitioner’s guilty plea because the family court did not err in waiving jurisdiction.

26333 - State v. Stevens

The Court reversed a circuit court order revoking appellant's probation, holding that probation cannot be revoked for violation of a non-judicially imposed condition of probation.

6-4-2007 - Orders

ORDER - Tomlinson v. Mixon
The Court, in this order, accepts the parties
6-11-2007 - Opinions

26334 - Lee v. Bunch

“The Court holds that evidence of plaintiff’s pre-accident alcohol consumption was properly admitted under Rule 403, due to the presence of other evidence to support the defendant’s argument that plaintiff’s alcohol consumption contributed to the accident. The Court also affirmed the trial court’s decision to allow defendant to amend his answer, finding no prejudice to the plaintiff. Finally, the Court reversed the trial court’s ruling that the original defense verdict on the primary negligence claim and the defense verdict on the loss of consortium claim were inconsistent and reinstated the original defense verdicts on both claims.”

26335 - Plyler v. Burns

This is an appeal from a grant of a motion to dismiss a cause of action brought by a beneficiary of a conservatorship against a county probate court. We affirm.

26336 - State v. Staten

The Court dismisses cert and vacates part of the Court of Appeals' decision in State v. Staten, 364 S.C. 7, 610 S.E.2d 823 (Ct. App. 2005).

26337 - In the Matter of Harriet E. Wilmeth

This is an opinion disbarring an attorney from the practice of law.

26338 - In the Matter of Harold L. Swafford

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

26339 - State v. Pittman

Christopher Pittman was arrested and charged with double homicide in connection with the deaths of his paternal grandparents. Pittman was tried as an adult. The jury convicted Pittman of both murders and the trial judge sentenced Pittman to two concurrent terms of thirty years imprisonment. This appeal followed. We affirm.

26340 - In the Matter of Eduardo Curry

This is an attorney discipline matter in which the Court imposed a definite suspension.

26341 - In the Matter of James Stone Craven

This is a disciplinary opinion in which the Court definitely suspended an attorney.

26342 - State v. Gillian

This criminal case involves the issues of whether the Court of Appeals erred by upholding the trial court's decision to (1) admit evidence of two prior burglaries committed by petitioner and (2) not to admit evidence of a police ruse designed to coerce petitioner into confessing.

26344 - State v. Sweet

A jury found Appellant guilty for offenses related to the distribution and possession of crack cocaine within the proximity of a school. On appeal, Appellant alleges that the trial court erred in admitting evidence with a defective chain of custody. We reverse Appellant’s distribution convictions and remand.

6-12-2007 - Orders

ORDER - In the Matter of John Plyler Mann, Jr.
6-18-2007 - Opinions

26345 - City of Rock Hill v. Suchenski

Respondent was found guilty by the Rock Hill Municipal Court for driving with an unlawful alcohol concentration. The circuit court reversed the conviction due to the city’s failure to comply with S.C. Code Ann. § 56-5-2953. The Court affirmed the reversal, holding that the city failed to preserve the issue by not seeking a ruling from the circuit court concerning the applicability of statutory exceptions. In addition, the Court held dismissal of the charge was a proper remedy pursuant to the statute.

26346 - Reed v. Ozmint

In this case, the Court denied Petitioner’s request to waive appellate review of the order denying his application for post-conviction relief. The Court also denied Petitioner’s request to relieve counsel.

6-25-2007 - Opinions

26343 - Ray v. Ray

The Court reversed the family court’s decision to dismiss the action, finding Respondent’s actions rose to the level of extrinsic fraud when she engaged in a fraudulent scheme to hide assets from the court and, in doing so, utilized an unknown third party not subject to discovery during the litigation.

26347 - In the Matter of Garry Conway

This is a disciplinary opinion in which the Court suspended an attorney for nine months.

26348 - Atwood Agency v. Black

This is an action brought under the South Carolina Trade Secrets Act.

26349 - In the Matter of John A. Pincelli

In this opinion, the Court definitely suspends an attorney for two years.

26350 - Davis v. School District of Greenville County

This is a direct appeal in a school discipline case.

26351 - In the Matter of O. Doyle Martin

In this opinion, the Court suspends O. Doyle Martin from the practice of law in this state for six months.

26353 - Robert Lever v. Lighting Galleries

Lighting Galleries, Inc. d/b/a August Lighting and Design Center, appeals an order of the Master-in-Equity holding that a mortgage given to it by respondent, Robert Lever f/k/a Leverage Builders, Inc., should be marked satisfied.

26354 - Office of Regulatory Staff v. SCPSC

Appellants challenged the Public Service Commission’s decisions regarding the establishment and implementation of the South Carolina Universal Service Fund. The Court affirmed in part and reversed in part the trial court’s conclusion that the Public Service Commission’s decisions are supported by substantial evidence in the record.