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South Carolina
Judicial Department
Supreme Court Published Opinions - June 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.

6-1-2009 - Opinions

26629 - Dillon v. Frazer

In this case, arising out of an auto accident, the Court affirmed the trial court's refusal to apply Ontario law, reversed the trial judge's ruling refusing to grant a new trial absolute as to damages, and remanded.

26657 - State v. Edwards

The Court affirmed as modified the court of appeals' decision upholding the trial court's decision to admit witness intimidation evidence.

26659 - In the Matter of Kernard Edward Redmond

This is an attorney disciplinary matter involving nine complaints against Kernard Edward Redmond.

26660 - In the Matter of Wyatt Breland Willoughby

This is an opinion publicly reprimanding a lawyer.

26661 - SCDOR v. Anonymous Company A

In this case, the Court reversed the circuit court's determination that Respondents are entitled to recoup sales tax payments.

6-4-2009 - Opinions

26662 - Edwards and Williams v. State and SCASA v. Sanford

Petitioners asked this Court for declaratory relief and a writ of mandamus. This Court granted the Petitioners’ requested relief.

6-8-2009 - Opinions

26663 - Dema v. Tenet Physician Services

Appellants filed suit against Respondents asserting several causes of action stemming from Hilton Head Regional Medical Center’s (HHRMC) administration of hundreds of unauthorized therapeutic cardiac catheterizations. The trial court dismissed Appellants’ complaint in its entirety. We affirm.

26664 - Bovain v. Canal Insurance

Raymond Bovain, Jr. brought this declaratory judgment action, arguing the truck driver involved in an accident with his late wife was subject the higher insurance requirements of a motor carrier under South Carolina law.

6-15-2009 - Opinions

26665 - Hopper v. Terry Hunt Construction

26666 - McCrosson v. Tanenbaum

In this case, we granted a writ of certiorari to review the court of appeals’ decision reversing an order of the family court which granted primary custody of the parties’ children to Mother and awarded her child support and attorney’s fees. We affirm the court of appeals decision, yet vacate a sentence of the opinion below.

26667 - Kerr v. Richland Memorial Hospital

This medical malpractice case turns on whether the six-year statute of repose in section 15-3-545(A) of the South Carolina Code (2005) applies to causes of action arising under the Tort Claims Act. We hold that it does and affirm.

26668 - Grant V. Magnolia Manor-Greenwood, Inc

In this case, the circuit court denied Appellants’ motion to enforce arbitration on the grounds that the designated arbitrator had become unavailable and that the unavailability voided the arbitration agreement. This Court affirmed the circuit court.

26669 - In the Matter of George G. Reaves

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

26670 - In the Matter of Marvin Lee Robertson, Jr.

This is a disciplinary opinion in which the Court disbarred a lawyer.

26671 - Mahdi v. State

The Court upheld petitioner's capital sentence.

6-22-2009 - Opinions

26673 - State v. Smith

In this case, we granted the State's petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Smith, 372 S.C. 404, 642 S.E.2d 627 (Ct. App. 2007). We vacate the opinion of the Court of Appeals.

26674 - State v. Wiles

Petitioner argues that the trial court erred in admitting evidence of his escape, and the Court of Appeals erred in finding this issue unpreserved.

26675 - Brayboy v. WorkForce

In this workers’ compensation case, claimant Lawrence Brayboy made material misrepresentations on his employment application. Workers’ compensation benefits were awarded, and the circuit court affirmed. Because the issue of Brayboy’s employment status is jurisdictional, the Court makes findings based on its view of the preponderance of the evidence. We find the employer, Workforce, established the three-factor test in Cooper v. McDevitt & Street Co., 260 S.C. 463, 468, 196 S.E.2d 833, 835 (1973), and reverse.

6-29-2009 - Opinions

26676 - State v. Neuman

We affirm Appellant's conviction for "Taking of Hostages by an Inmate," finding the applicable code section, S.C. Code Ann. § 24-13-450, is not unconstitutionally vague.

26677 - In the Matter of County Magistrate Patrick D. Sullivan

In this judicial disciplinary case, respondent Magistrate Judge Patrick Sullivan admits altering a court order and a letter from the Commission on Continuing Legal Education and Specialization. The record supports the recommendation of the Commission on Judicial Conduct, and we retroactively suspend respondent.

26678 - Rolen v. State

Petitioner pled guilty to voluntary manslaughter. The PCR court denied relief, but this Court reversed that order and granted PCR.

26679 - Rosemond v. Catoe

We granted a writ of certiorari to review the denial of Andre Rosemond’s application for capital post-conviction relief (PCR). Rosemond argues the PCR court erred in denying relief primarily due to a complete lack of mitigation evidence in the sentencing phase. We agree and affirm in part, reverse in part, and remand for a new sentencing hearing.

26680 - Sojourner v. Town of St. George

In this case, the Court affirms the master-in-equity’s decision and holds that S.C. Code Ann. § 5-31-640 (2004) is unconstitutional and that S.C. Code Ann. § 5-31-620 (2004) is also unconstitutional because it is so inextricably intertwined with § 5-31-640, and thus, in the absence of these provisions, various provisions of the Home Rule Act give the municipality the authority the sell the municipal water and sewer system.

6-29-2009 - Orders

ORDER - In the Matter of David C. Danielson