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

9-4-2007 - Opinions

26376 - Roberts v. LaConey

In this opinion, the Court adopts the Special Referee's finding that respondent has engaged in the unauthorized practice of law.

26377 - Callahan v. Beaufort County School District

The Court holds that S.C. Code Ann. § 42-1-560 sets forth strict requirements that must be met in order for a claimant to pursue a workers’ compensation action and a third-party suit. However, the Claimant in this case was not barred from pursing workers’ compensation benefits because she voluntarily dismissed her third-party suit.

9-10-2007 - Opinions

26378 - In the Matter of McBee, Bethune, and Lynchburg Municipal Court Judge Fred D. Stephens

This is a judicial disciplinary opinion in which the Court issued a public reprimand.

26379 - State v. Rye

In this appeal in a criminal case, the Court reversed Appellant’s convictions because the trial court gave an incomplete jury charge on a requested affirmative defense.

26380 - In the Matter of H. Dewain Herring

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

26381 - State v. Houey

The Court affirmed the circuit court’s order requiring appellant to undergo testing for HIV and Hepatitis B, finding that a showing of probable cause that appellant actually suffered from one of the diseases was not required by the Fourth Amendment or the South Carolina Constitution. The Court also found the statute constitutional in light of appellant’s challenge that the statute is vague.

9-10-2007 - Orders

ORDER - In the Matter of David A. Culberson
This is an order appointing an attorney to protect clients' interests of a decesed attorney.
ORDER - In the Matter of Gene W. Dukes
This order appoints Bruce A. Berlinsky to serve as attorney to protect the interests of Gene Dukes and his clients.
ORDER - Amendments to Rule 403, SCACR
ORDER - Amendments to the South Carolina Appellate Court Rules
The Court has amended Rule 416, SCACR, which governs the Resolution of Fee Disputes Board of the South Carolina Bar.
ORDER - CLE Suspended Judges
9-24-2007 - Opinions

26382 - SCDSS v. Mangle

This case involves the issue of whether the Court of Appeals erred by holding that a statute does not require the automatic continuation of child support for eighteen-year-old high school students progressing satisfactorily toward graduation.

9-24-2007 - Orders

ORDER - In the Matter of Charles Wade Cleveland
This order places Charles Wade Cleveland on interim suspension pursuant to Rule 17(b) of Rule 413, SCACR.
ORDER - In the Matter of Sean J. Prendergast
This is an order placing an attorney on interim suspension.