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South Carolina
Judicial Department
Supreme Court Published Opinions - August 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.

8-4-2008 - Opinions

26526 - State v. Washington

In this case, the Court affirms as modified the court of appeals decision. Specifically, the Court holds that although the trial court erred in admitting a witnesses statements made to police as improper hearsay evidence, any error was harmless.

26527 - State v. Fletcher

The issue on certiorari is whether the trial court improperly allowed prior bad act evidence.

8-7-2008 - Opinions

26530 - Willis v. Wukela

In this election dispute, the Court dismissed appellant’s notice of appeal pursuant to S.C. Code Ann. § 7-13-350 (Supp. 2007) and Sasser v. S.C. Democratic Party, 277 S.C. 67, 282 S.E.2d 602 (1981).

8-11-2008 - Opinions

26528 - In the Matter of the Care and Treatment of Alfred William Lasure

In this case, appellant challenges the constitutionality of the Sexually Violent Predator Act.

26529 - Spoone v. State

This PCR case upholds a written plea agreement which included a waiver of judicial review.

26531 - Zurcher V. Bilton

Appellant initiated a civil action against Respondents alleging various torts arising out of a physical altercation between the parties. The trial court granted Respondents’ motion for summary judgment as to each claim on the grounds that Appellant’s Alford plea in a previous criminal proceeding collaterally estopped Appellant from litigating a civil claim based on the same facts as the criminal conviction. The Court affirms.

8-18-2008 - Opinions

26532 - Koon v. Fares

In this case, a magistrates court granted summary judgment to Respondent landlord in an eviction action. The Court affirms the magistrate’s finding that Landlord had given Appellants, who are tenants, proper notice of the termination of their tenancy.

26533 - O’Brien v. South Carolina ORBIT

O'Brien brings this declaratory judgment action in this Court's original jurisdiction to determine whether the City of Charleston may constitutionally invest employee retirement funds in a trust that invests in equity securities. We find the City may not.

8-25-2008 - Opinions

26534 - Sloan v. Department of Transportation

This appeal involves a taxpayer challenge to the DOT's decision to authorize an emergency procurement on a construction project in Charleston County.

26535 - Colleton Preparatory Academy, Inc. v. Hoover Universal, Inc.

This case involves two certified questions regarding: (1) whether South Carolina law recognizes exceptions to the economic loss doctrine; and (2) whether a plaintiff may recover under the South Carolina Unfair Trade Practices Act for losses suffered as a result of a defendant's unfair or deceptive acts where the plaintiff used, but did not purchase directly from the defendant, a defective product.

26536 - In the Matter of Dale R. Samuels

In this opinion, the Court publicly reprimands Dale R. Samuels and orders him to make payment, with interest, to the complainant.

26537 - In the Matter of Bryan Edward Barrett

In this opinion, the Court publicly reprimands Bryan Edward Barrett based on a public reprimand issued in Indiana.

8-25-2008 - Orders

ORDER - In the Matter of R. Ryan Breckenridge
Reinstatement to the practice of law
ORDER - In the Matter of James T. Feldman
Reinstatement to the practice of law
ORDER - In the Matter of James Michael Brown
This is an order placing a lawyer on interim suspension and appointing an attorney to protect the lawyer's clients' interests.
ORDER - Amendments to the Regulations for the Standards and Procedures for Certification, Recertification, and Decertification in Specialty Fields
The Court has made several amendments to Appendix E to Part IV, SCACR, concerning the standards and procedures for certification, recertification, and decertification of certified specialists.