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South Carolina
Judicial Department
Supreme Court Published Opinions - January 2014

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.

1-2-2014 - Opinions

27342 - In the Matter of C. Kevin Miller

This opinion disbars C. Kevin Miller from the practice of law and sets conditions on readmission.

1-8-2014 - Opinions

27343 - Martinez v. Spartanburg County

The Court vacates the court of appeals' opinion in this workers' compensation case because the circuit court order before the court of appeals was not a final judgment and therefore the court of appeals lacked jurisdiction to hear the appeal. The case is remanded to the Workers' Compensation Commission.

27344 - Woodson v. DLI Properties

The Court affirms the court of appeals' decision as modified, finding that Petitioners provided a sufficient record for appellate review and, based on that record, the court of appeals properly affirmed the circuit court's grant of summary judgment.

27345 - Doe v. The Bishop of Charleston

The Court determined that the language of a class action settlement did not waive its res judicata effect as to future claimants but that dismissal on the pleadings was not warranted on the questions whether appellants were deprived of due process in the underlying class action proceedings and whether the statute of limitations was tolled as to appellants.

27346 - SCDMV v. Brown

The Court affirms the decision of the court of appeals upholding a driver's license suspension on the basis that Petitioner's contention that the breathalyzer test was not conducted in compliance with S.C. Code Ann. ยง 56-5-2950 (2006) was not properly preserved for review.

27347 - State v. Long

This opinion holds that the Attorney General may prosecute cases in summary courts.

27348 - Hudson v. Lancaster Convalescent Center

This case concerns a workers' compensation lump-sum award to a claimant who passed away while an appeal of her award was pending. On petition for writ of certiorari, this Court affirms in part, reverses in part, and remands. We affirm the Court of Appeals' holdings regarding the abatement of the award and the imposition of a statutory penalty. We reverse the holdings regarding the assessment of interest on the award and its distribution.

1-15-2014 - Opinions

27322 - State v. Barnes

The Court declined to adopt the heightened standard for competency to proceed pro se permitted by Indiana v. Edwards, 554 U.S. 164 (2008), and therefore reversed the trial court's decision to deny appellant's request to proceed pro se which relied upon the Edwards standard.

27349 - In the Matter of Shana Denice Jones-Burgess

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

27350 - In the Matter of Scott Christen Allmon

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

27351 - White Oak Manor v. Lexington Insurance Company

This Court granted certiorari to review the court of appeals' opinion in White Oak Manor, Inc. v. Lexington Insurance Co., 394 S.C. 375, 715 S.E.2d 383 (Ct. App. 2011), which held Section 5-19-270 of the South Carolina Code provides the exclusive method of service on an insurance company. We reverse.

27352 - Pittman v. Pittman

In this domestic action, the Court affirms as modified, finding the family court erred in considering the parties' premarital conduct in the transmutation analysis but finding, nonetheless, that the evidence supports a finding that the parties intended Husband's premarital land surveying business to become the common property of the marriage.

27353 - State v. Giles

In this opinion, the Court affirms the decision of the Court of Appeals finding the trial judge properly granted the State's Batson motion.

1-22-2014 - Opinions

27354 - State v. Henson

The appellant challenges the admission of his codefendant's confession as a violation of his Sixth Amendment Confrontation Clause rights. We find that despite redaction, the codefendant's confession incriminated the appellant and therefore violated the Confrontation Clause. Accordingly, we reverse and remand for a new trial.

27355 - Carnival Corporation v. Historic Ansonborough Neighborhood

The Court holds the plaintiffs lack standing and accordingly grants the defendants' motions to dismiss.

1-29-2014 - Opinions

27386 - Davis v. KB Home of SC

The Court affirmed the Court of Appeals' determination that the trial judge had the authority to determine the validity of an arbitration clause, but vacated the opinion as it relates to waiver of the right to compel arbitration.