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Supreme Court Seal
South Carolina
Judicial Department
Supreme Court Published Opinions - April 2009

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.

4-6-2009 - Opinions

26626 - In the Matter of Charles E. Houston, Jr.

26627 - State v. Robertson

In this case, the Court found that Respondent had waived his right to counsel by his conduct and reversed the Court of Appeals' finding to the contrary.

4-6-2009 - Orders

ORDER - In the Matter of George A. Harper
This is an order placing a lawyer on interim suspension.
ORDER - In the Matter of Sheryl Sisk Schelin
This is an order placing a lawyer on interim suspension.
4-13-2009 - Opinions

26628 - Robinson v. Bon Secours St. Francis Health System

The issue on certiorari is whether the Court of Appeals properly upheld the denial of Petitioner's Batson motion.

26630 - In the Matter of George Theisen

Issue on appeal is whether 8 month statute of limitation in S.C. Code Ann. § 62-3-108 (3) bars Appellants’ challenge to the will of their deceased father.

26631 - Bullis v. State

The Court affirms the PCR court’s ruling that probation counsel was not ineffective in failing to inform Petitioner of his right to appeal the revocation of his probation.

26632 - State v. Covert

The Court held that an unsigned search warrant is a nullity, and not subject to a

26633 - Battle v. State

The Court reverses the PCR court’s grant of relief and holds that, when viewed as a whole, in its entirety, the jury instructions did not violate Petitioner’s constitutional rights.

4-13-2009 - Orders

ORDER - Amendment to Rule 402(d)(1), SCACR
Pursuant to Article V, § 4, of the South Carolina Constitution, Rule 402(d)(1), SCACR, is amended.
4-20-2009 - Opinions

26635 - In the Matter of James Marshall Biddle

This is an opinion imposing a public reprimand on a lawyer.

26636 - In the Matter of Michael James Sarratt

This is an opinion definitely suspending a lawyer.

26637 - Taylor v. SCDMV

The issue on certiorari is whether the Court of Appeals properly held Taylor was not prejudiced by the lack of written notice of the implied consent law.

26638 - Home Medical Systems v. SCDOR

This direct appeal from the Administrative Law Court involves the issues of whether (1) under the ALC rules, a Rule 59(e), SCRCP, motion is permitted; and (2) certain medical products are exempt from sales tax.

26639 - Gissel v. Hart

The issue on certiorari is whether the Court of Appeals erred in vacating the decison of the arbitrator.

4-27-2009 - Opinions

26640 - In the Matter of the Care and Treatment of Elliott D. Chandler

The State appeals from an order regarding probable cause in this case concerning the Sexually Violent Predator Act.

26641 - Osman v. SCDLLR

In this medical disciplinary proceeding, the State Board of Medical Examiners of the South Carolina Department of Labor, Licensing, and Regulation issued an order finding Dr. Hibah O. Osman’s conduct in performing a surgical procedure warranted the issuance of a public reprimand, the imposition of costs, and the proviso that Dr. Osman must meet certain requirements to reestablish her competency if she ever returned to the practice of surgical obstetrics in South Carolina. On appeal, the Administrative Law Court (ALC) upheld the public reprimand and costs but struck the competency requirement holding the requirement was an “anticipatory suspension.” We affirm the ALC’s holding that substantial evidence supports the public reprimand and costs. We reverse the ALC’s striking of the reestablishment of competency provision, and we reinstate the provision.

26642 - State v. White

We affirm as modified the court of appeals decision affirming the conviction.

26643 - In the Matter of Clyde A. Eltzroth, Jr.

This is an opinion definitely suspending a lawyer.