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South Carolina
Judicial Department
Supreme Court Published Opinions - March 2008

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.

3-10-2008 - Opinions

26441 - In the Matter of James M. Williams, III

This is an attorney disciplinary opinion in which the Court ordered disbarment.

26446 - State v. Roach

The Court affirmed Roach’s convictions and vacated the portion of the Court of Appeals’ opinion that addresses Roach’s hearsay argument

26447 - James v. Kelly Trucking Company

In this certified question, the Court answered that a plaintiff in South Carolina is not precluded, as a general matter, from maintaining a cause of action for negligent hiring, training, supervision, or entrustment after an employer stipulates that it is vicariously liable for its employee’s negligence.

26448 - Hazel v. State

This case involves the issues of whether the Court of Common Pleas erred by finding that respondent's 1979 kidnapping conviction did not involve a sexual offense such that he would be required to register as a sex offender and whether the Court of Common Pleas lacked subject matter jurisdiction to make that finding.

26449 - James v. State

This is a reversal of a grant of post-conviction relief. The PCR court held that Respondent never entered a guilty plea, and the Court found that holding was not supported by the record.

26451 - Duvall v. South Carolina Budget and Control Board

This is a direct appeal where the Court affirms the calculation of appellant's retirement benefits.

26452 - Austin v. Beaufort County Sheriff's Office

In this direct appeal, the issue involves a claim for the spoliation of evidence.

26453 - Grosshuesch v. Cramer

This case consolidates several discovery-related appeals in a civil action, and the issues on appeal deal primarily with the invocation of the Fifth Amendment’s privilege against compelled self-incrimination.

26454 - In the Matter of Thurmond Brooker

In this opinion, the Court publicly reprimands Thurmond Brooker.

26456 - In the Matter of Adrian Edward Cooper

In this opinion, the Court disbars Adrian Edward Cooper.

26457 - King v. AnMed Health

In this case, the Court reverses the circuit court’s grant of summary judgment and holds that the Discount Statute is inapplicable to the patients’ claims.

26458 - Harris v. State

In this post-conviction relief case (PCR), this Court granted the State's petition for certiorari to review the PCR judge's decision granting relief with respect to Respondent's conviction for armed robbery and sentence of imprisonment for life without parole. We reverse the decision of the PCR court.

3-10-2008 - Orders

ORDER - Amendments to Appendix A to Rule 402, SCACR
This is an order amending Appendix A to Rule 402, SCACR.
ORDER - In the Matter of Jeffrey T. Spell
This order reinstates Jeffrey T. Spell to the practice of law subject to certain conditions.
3-17-2008 - Opinions

26459 - Inlet Harbour v. SC Department of Parks, Recreation and Tourism

This case deals with the scope of an easement over a private road implied in a deed from Respondent Inlet Harbour, a South Carolina general partnership, to the South Carolina Department of Parks, Recreation and Tourism. The trial court held that the implied easement was limited in scope, the Department of Parks, Recreation and Tourism appealed, and the Court affirmed.

3-17-2008 - Orders

ORDER - Layman v. State Retirement System
The Court issues this order following a petition for rehearing by counsel for Layman and a motion for leave to supplement the record by the State and the Retirement System. The Court denies the parties’ motions and amends the award of attorneys’ fees to include time spent litigating the issue of attorneys’ fees.
3-24-2008 - Opinions

26460 - Englert, Inc. v. LeafGuard USA, Inc.

The issue here is whether summary judgment was properly granted to respondent, Englert.

26461 - Brenco v. South Carolina Department of Transportation

The Court reversed the Court of Appeals, holding that the master did not abuse his discretion when he refused to reopen the case for additional testimony.

26462 - Sloan Construction Company, Inc. v. Southco Grassing, Inc

A subcontractor working on a state highway maintenance project brought negligence and breach of contract claims against the South Carolina Department of Transportation (SCDOT) for allegedly failing to comply with statutory bond requirements for contractors working on public projects. The trial court dismissed the subcontractor’s claims finding that the bond statutes did not give rise to a private right of action against SCDOT and the court of appeals affirmed. The Court granted certiorari and reverses the court of appeals, holding that a subcontractor may bring a private right of action against a government entity for failure to comply with statutory bond requirements.

26463 - Haggins v. State

The Court held that, as a matter of policy, it would not entertain petitions for a writ of certiorari to review informal denials of petitions for writs of certioari by the Court odf Appeals in post-conviction relief matters.

26464 - Richardson v. State

This opinion affirms the denial of petitioner's post-conviction relief (PCR) application, but also addresses the problem of PCR applicants and criminal defendants moving to have appointed counsel relieved.

26465 - Doe v. South Carolina Department of Disabilities and Special Needs

This workers' compensation case involves a claim for a stress-related mental injury.

3-24-2008 - Orders

ORDER - In the Matter of Tynika Adams Claxton
ORDER - In the Matter of Thomas B. Hall, Petitioner
ORDER - Miller v. State
In this order denying a petition for a writ of mandamus, the Court addresses the Clerk of Court’s duties regarding the filing of a petition for a writ of habeas corpus.
3-31-2008 - Opinions

26466 - Time Warner v. Public Service Commission

This appeal is from the denial of an application for extended certification to provide Voice Over Internet Protocol retail telephone service in rural areas.

26467 - Foothills Brewing Concern v. City of Greenville

In this direct appeal, the Court decides the issue of the validity of a local ordinance which bans smoking in bars and restaurants.