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South Carolina
Judicial Department
Supreme Court Published Opinions - July 2010

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.

7-6-2010 - Opinions

26831 - State v. Picklesimer

The State appeals from the circuit court's discharge of Respondent James Dean Picklesimer's remaining sentence, asserting the court erred in finding Picklesimer had successfully completed his community supervision program (CSP), or alternatively, erred in failing to make a distinction between successful completion of CSP and timing out of CSP supervision due to fulfilling the total available revocation period. We reverse.

7-12-2010 - Opinions

26832 - Boan v. State

In this case, the defendant appealed the denial of his petition for post-conviction relief, contending the trial court erred in increasing the length of his sentence outside of the defendant’s presence. This Court agreed, holding due process requires a defendant to be present for sentencing; thus, an oral pronouncement of a sentence in the defendant’s presence controls over a conflicting written sentence made outside the defendant’s presence. This Court remanded the case for resentencing.

7-19-2010 - Opinions

26834 - Fowler v. Hunter

This Court granted a writ of certiorari to review the court of appeal's reversal of the trial court's grant of summary judgment to Insurance Associates, Inc., an insurance agency. We affirm the court of appeals' reversal of the trial court's grant of summary judgment on the claims for professional negligence and equitable indemnification.

26835 - Temporary Services v. American International Group

In this matter, the United States District Court for the District of South Carolina has certified two questions regarding the applicability of the filed rate doctrine to Plaintiffs' claims. In addressing the issues before us, we make no judgments regarding the merits of Plaintiffs' underlying claims. We answer the questions narrowly, finding that because the workers' compensation policies at issue were exempt commercial policies, Defendants' submissions to the DOI in 2001 did not invoke the regulatory authority of the DOI and the filed rate doctrine does not bar Plaintiffs' claims. Thus, the Court need not address the Federal Court's second certified question.

7-19-2010 - Orders

ORDER - In the Matter of Michael Davis Moore
7-26-2010 - Opinions

26836 - Hartfield v. The Getaway Lounge & Grill, Inc.

After visiting a number of bars one night in July 2003, Hoyt Helton drove his vehicle across the center line and struck a car in which John Erik Hartfield was a passenger. Respondents were awarded a $10 million verdict against The Getaway Lounge & Grill. The trial court also granted Respondents' motion to pierce the corporate veil of The Getaway. The Court affirmed the trial court in this decision.

26837 - In the Matter of Jason Thomas Kellett

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

26838 - In the Matter of James Cullen Galmore

This is a disciplinary opinion in which the Court publicly reprimanded a lawyer.

26839 - In the Matter of Douglas Francis Gay

This is a disciplinary opinion in which the Court publicly reprimanded a lawyer.

26840 - In the Matter of Sherry Bingley Crummey

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

26841 - Wilder v. State

The Court found error but no prejudice in a trial court's ruling on a Rule 608 (b), SCRE, issue.

26842 - State v. Bodenstedt

After considering the question whether the Court of Appeals erred in reversing and remanding Respondent's sentence, the Court dismissed certiorari as improvidently granted.

26843 - State v. Finklea

In this case, the Court affirmed the Appellant's murder conviction and death sentence.

26844 - Argoe v. Three Rivers

In this case, Martha Lewin Argoe (Appellant) appeals the trial court's order granting summary judgment to Attorney James F. Walsh, Jr. (Respondent). We affirm.

26845 - Fisher v. Tucker

In this parental rights case, the Court affirmed the family court's finding of paternity.

7-26-2010 - Orders

ORDER - Chad Wyman Mead v. Jessex, Inc.