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Supreme Court Seal
South Carolina
Judicial Department
Supreme Court Published Opinions - June 2015

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.

6-10-2015 - Opinions

27510 - State v. Niles

The State argues the Court of Appeals erred in determining the respondent was entitled to a jury instruction on voluntary manslaughter as a lesser-included offense because the evidence at trial failed to establish he acted in the sudden heat of passion, a necessary mitigating factor to reduce murder to voluntary manslaughter. We agree and reverse.

27526 - MicroClean v. Envirofix

The Court reverses the court of appeals' decision pursuant to Rule 220(b)(1), SCACR, and remands to the master-in-equity to reinstate his order. The Court further directs the court of appeals to depublish its opinion and assign the matter an unpublished opinion number.

27527 - Livingston v. Livingston

The Court dismissed the writ of certiorari as improvidently granted.

27528 - State v. Simms

The Court affirmed Appellant's conviction and resulting sentence for aggravated breach of the peace, finding (1) the trial court properly denied Appellant's motion for a directed verdict; (2) the trial court's sentence was proper under section 17-25-30 of the South Carolina Code; and (3) the trial court did not err in excluding certain testimony at trial.

27529 - In the Matter of Daniel A. Beck

The Court disbarred respondent retroactive to the date of his interim suspension, and imposed several additional conditions.

6-17-2015 - Opinions

27530 - Donohue v. City of North Augusta

The Court affirmed the circuit court's finding that a municipal ordinance was validly enacted, but reversed the finding that the Freedom of Information Act had not been violated and remanded that issue for consideration of sanctions.

27531 - Sanders v. State

This court granted certiorari to review the dismissal of Anthony Sanders' application for post-conviction relief. We reverse and remand for an evidentiary hearing on whether Sanders received ineffective assistance of counsel in being advised to enter into an agreement with the State waiving appellate, collateral, and habeas corpus review.

27532 - Morrow v. Fundamental Long-Term Care

The court of appeals dismissed as interlocutory an appeal which severed a number of defendants from the lawsuit, ostensibly under the label of "bifurcation." The issue is whether the trial court's order affects a substantial right of the petitioners and is thus immediately appealable. We answer that it is and therefore reverse.

27533 - In the Matter of Steven Robert Lapham

This is a disciplinary opinion disbarring a lawyer.

6-24-2015 - Opinions

27534 - In the Matter of Kenneth Gary Cooper

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

27535 - In the Matter of Paul Clarendon Ballou

This is a disciplinary opinin in which the Court disbars a lawyer.

27536 - In the Matter James Marshall Biddle

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