Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Department
Supreme Court Published Opinions - July 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.

7-6-2009 - Opinions

26681 - Floyd v. Morgan

We reverse the decision of the Court of Appeals in Floyd v. Morgan, 375 S.C. 246, 652 S.E.2d 83 (Ct. App. 2007), which affirmed the family court's order reducing Respondent's child support obligation and denying Petitioner's request for attorney's fees.

26682 - Berkeley County School District v. SCDOR

In this original jurisdiction case, the Court reviews the South Carolina Department of Revenue's decision denying Plaintiffs reimbursement from the Homestead Exemption Fund for expenses incurred under lease purchase and installment-purchase agreement obligations for capital improvement projects. We grant judgment for the Plaintiffs.

7-13-2009 - Opinions

26658 - Bennett v. State

In this case, we granted a writ of certiorari to review the post-conviction relief (PCR) court’s grant of Respondent Jack Randall Bennett’s request for relief. The State argues that the PCR court erred in ruling that Respondent received ineffective assistance of trial counsel and appellate counsel. We find that Respondent’s trial counsel and appellate counsel were not ineffective and reverse the PCR court’s grant of relief.

26683 - Terry v. State

We reverse the PCR judge's order granting Respondent relief as to his plea of guilty to one count of first-degree criminal sexual conduct with a minor and two counts of lewd act upon a child.

26684 - State v. Dicapua

As a result of a videotaped sting operation, Jeremiah Dicapua was convicted and sentenced for distribution of crack cocaine and possession with intent to distribute crack cocaine. Subsequently, the trial court sua sponte vacated the jury’s verdict. The State appealed. As Dicapua waived any direct challenge to the videotape by consenting to its admission, the court of appeals reversed the trial court’s sua sponte, new trial order and reinstated the sentence. State v. Dicapua, 373 S.C. 452, 455-56, 646 S.E.2d 150, 152 (Ct. App. 2007). We granted a writ of certiorari. We affirm.

26685 - Buffington v. T.O.E. Enterprises

The Court affirmed as modified the court of appeals’ opinion upholding the trial court’s order enforcing restrictive covenants which prohibited using certain property for commercial purposes against a car dealership.

26686 - In the Matter of David Arthur Braghirol

This is an attorney disciplinary matter.

26687 - In the Matter of Derwin Thomas Brannon

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

7-20-2009 - Opinions

26688 - McMillian v. State

We granted a petition for a writ of certiorari to review an order denying Ervin McMillian's application for post-conviction relief.

7-20-2009 - Orders

ORDER - In the Matter of Jason Thomas Kellett
This order places Jason Thomas Kellett on interim suspension pursuant to Rule 17, RLDE, Rule 413, SCACR, and appoints Richard S. Stewart to protect the interests of Mr. Kellett's clients.
7-27-2009 - Opinions

26689 - Williamson v. Middleton

In this case, the Court reversed the finding of the Court of Appeals that the Respondent incurred attorney’s fees.

26690 - Skinner v. SCDOT

The Court held that owners of land that abuts a highway do not owe travelers a duty for normal and natural conditions on that highway.

26691 - Brown v. State

We reverse the PCR judge's order granting Respondent a new trial on the ground his trial counsel was ineffective in failing to object to certain comments made by the solicitor during his closing argument.

26693 - In the Matter of Lexington County Magistrate Jamie Thomas Lucas

In this opinion the Court issued a public reprimand for misconduct committed by former Lexington County Magistrate Jamie Lucas.

26694 - Law Firm of Erickson v. Boykin

The Court reversed the decision of the Court of appeals, and severed the last sentence of § 15-35-940 (B).