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South Carolina
Judicial Department
Supreme Court Published Opinions - May 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.

5-5-2008 - Opinions

26478 - In the Matter of Ronald Hazzard

In this attorney disciplinary matter, the Court adopts the Hearing Panel's recommendation and sanctions the attorney to a one-year definite suspension, retroactive to the date of the interim suspension, with conditions and payment of costs.

26479 - State v. Sterling

In this case, the Court reverses the trial court’s order suppressing the testimonies of four witnesses for the State.

26480 - Cooper v. SC Department of Probation, Parole and Pardon

We affirm as modified the circuit court's order reversing the ALC's dismissal of Respondent's appeal from the denial of his request for parole.

5-5-2008 - Orders

ORDER - In the Matter of Derwin T. Brannon
This is an order placing an attorney on interim suspension.
ORDER - In the Matter of Marva A. Hardee-Thomas
This is an order placing an attorney on interim suspension.
ORDER - Amendments to the South Carolina Appellate Court Rules
ORDER - Amendment to the South Carolina Rules of Civil Procedure
ORDER - Amendment to Court-Annexed Alternative Dispute Resolution Rules
ORDER - Amendments to the South Carolina Rules of Magistrates Court
5-12-2008 - Opinions

26481 - State v. Thrift

Thrift appeals his guilty plea and sentence, arguing his plea was conditional and that there should be another procedure in place to handle appeals from guilty pleas. We affirm his guilty plea and sentence and point out to the Bar that there is a new procedure in place for handling appeals of guilty pleas.

26483 - Shumpert v. State

In this case, the Court affirmed the trial court’s decision declining to admit an affidavit which purported to allege possible juror misconduct at Petitioner’s criminal trial.

26484 - McKnight v. State

The post-conviction relief (PCR) court dismissed Petitioner McKnight’s application alleging numerous grounds for ineffective assistance of counsel. This Court granted certiorari and reverses the PCR court’s denial of relief on several grounds.

26485 - In the Matter of Larry M. Hutchins

The Court issued a public reprimand to respondent, a retired magistrate judge, for improper conduct that occurred while respondent was in office.

26486 - Ventures South Carolina v. SCDOR

The operator of a gambling cruise ship appeals the ALC's finding that section 3-11-400 requires montly reports of gross proceeds, not just percentage of winnings to losses. We reverse.

26487 - Lazicki-Thomas v. SC Budget and Control Board

The Court affirmed a decision by the Administrative Law Court construing the term "member in service" in state disability retirement statutes.

26488 - In the Matter of Theodore Scott Geller

In this opinion, the Court imposes reciprocal discipline of disbarment on Timothy Scott Geller based on his disbarment in Massachusetts.

26490 - State v. Perkins

In this case, the Court affirms the circuit court’s order terminating Appellant from the 13th Circuit Drug Court Program.

26491 - Cain v. Nationwide

Appellant appeals the circuit court's order denying him uninsured motorist proceeds pursuant to a compensation section in the Tort Claims Act. We affirm the circuit court's finding that Appellant had to meet the definition of "uninsured" to recover under the section.

5-12-2008 - Orders

ORDER - In the Matter of Carroll A. Gantt
ORDER - David Wayne Graham v. State
This order dismisses the notice of appeal from an order denying petitioner's PCR application because the issue petitioner seeks to raise, waiver of his right to direct appeal, is successive.
ORDER - In the Matter of Robert J. Cantrell
This is an order reinstating a lawyer to the practice of law.
5-19-2008 - Opinions

26492 - Town of Summerville v. City of North Charleston

This is a direct appeal from a grant of partial summary judgment to the City of North Charleston. The issue on appeal is whether the Town of Summerville complied with a statute which requires the publication of notice not less than thirty days prior to acting on a petition to annex real property. Finding that notice did not occur at least thirty days prior to acting on the petition to annex, the Court affirmed.

26493 - State v. Young

A jury found Young guilty of kidnapping and assault and battery of a high and aggravated nature as a lesser included offense of criminal sexual conduct stemming from a drug transaction with a female victim. Young appealed on the grounds that the trial court improperly admitted evidence of prior convictions for criminal sexual conduct and criminal domestic violence. The court of appeals affirmed Young’s conviction and the Court granted certiorari. The Court affirms the decision of the court of appeals as modified.

26494 - State v. Bolin

This criminal case involves the issue of whether the trial court erred by quashing the indictment for possession of a handgun while under the age of 21 on the ground that the statute making such possession illegal is unconstitutional.

5-27-2008 - Opinions

26495 - Tisdale v. State

In this PCR case, the Court reverses the denial of relief because jury charges on involuntary manslaughter and accident were not requested.

26496 - State v. Martin

This appeal concerns the due process requirement of a post-seizure hearing in an ill treatment of animals case.