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South Carolina
Judicial Department
Supreme Court Published Opinions - May 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.

5-4-2009 - Opinions

26644 - State v. Holder

The Appellant challenges her conviction for homicide by child abuse, alleging the trial court erred in its admission of certain testimonial and photographic evidence.

26645 - American Petroleum v. South Carolina Department of Revenue

In this case, the Court found 2008 Act No. 338 to be in violation of the one subject rule of the South Carolina Constitution and therefore unconstitutional in its entirety.

26646 - Wilkinson v. Palmetto State Transportation Company

We reverse the lower court's decision finding an employment relationship.

5-12-2009 - Opinions

26647 - Jones v. State

We reverse the post-conviction relief judge's grant of a belated direct appeal to Respondent.

26648 - Lexington Law Firm v. SCDCA

This direct appeal requires the Court to construe an exemption to the licensing requirements of the South Carolina Consumer Credit Counseling Act. S.C. Code Ann § 37-7-101 to -122 (Supp. 2008). We hold that the South Carolina General Assembly intended to limit the “attorneys at law” exemption to attorneys authorized to practice law in this State when the attorney is “acting in the regular course” of his or her profession as an attorney. We reverse the contrary holding of the administrative law court.

26649 - In the Matter of Thomas E. Ruffin, Jr.

This attorney disciplinary action arises out of multiple allegations of misconduct including misappropriation of funds. We disbar Thomas E. Ruffin effective from the date of this opinion.

5-18-2009 - Opinions

26625 - City of Hartsville v. SC Municipal Insurance

In this declaratory judgment action, the Insurer appeals the circuit court's order finding the Insurer had a continuing duty to defend the City and ordering it to pay the City the costs incurred from having to defend against a suit brought by a City landowner.

26634 - In the Matter of Joseph Smalls

Due to misnduct primarily involving trust accounts, we find retroactive disbarment warranted.

26650 - In the Matter of Louis S. Moore

This is a disciplinary opinion in which the Court definitely suspended a lawyer.

26651 - Bradley v. Doe

In this case we dismiss a writ of certiorari as improvidently granted in Bradley v. Doe, 374 S.C. 622, 649 S.E.2d 153 (Ct. App. 2007).

26652 - State v. Claypoole

The Court dismisses certiorari as improvidently granted regarding the Court of Appeals’ decision in State v. Claypoole, 371 S.C. 473, 639 S.E.2d 466 (Ct. App. 2006).

26653 - Rivera v. State

The Court reversed an order denying an application for post-conviction relief.

5-18-2009 - Orders

ORDER - In the Matter of Frank Rogers Ellerbe, III
This is an order placing a lawyer on interim suspension.
5-26-2009 - Opinions

26654 - State v. Hernandez

The Court reverses the convictions of three defendants where the State failed to present sufficient evidence of guilt.

26655 - Ferguson v. State

The issue on certiorari is whether mental incapacity tolls the statute of limitations in which to file for post-conviction relief.

26656 - Blackburn v. Daufuskie Island Fire District

In this declaratory judgment action, appellant Daufuskie Island Fire District directly appeals from the Master-in-Equity’s decision that under the emergency leave portion of the South Carolina military leave statute, “thirty days” means thirty work days, as opposed to thirty calendar days.