Supreme Court Published Opinions - May 2016
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.
5-4-2016 - Opinions
The Court reverses the PCR court's denial of Tappeiner's application for relief, finding Tappeiner's trial counsel was ineffective for failing to object during the State's closing argument.
The Court reverses and remands Stukes' conviction, holding it was reversible error for the trial court to charge the jury that the victim's testimony need not be corroborated by additional evidence or testimony pursuant to Section 16-3-657 of the South Carolina Code (2003). Accordingly, the Court overrules the precedent condoning the use of this instruction.5-11-2016 - Opinions
27634 - In the Matter of Robert W. Herlong
THis is a disciplinary opinion in which the Court issues a public reprimand.
The Court affirms the court of appeals' decision, as modified, finding the court of appeals' analysis regarding de facto sheriff's deputies unnecessary.
Trial counsel was ineffective in failing to object to the jury charge that malice may be inferred from the use of a deadly weapon because the charge did not include the permissive inference language approved by this Court.5-18-2016 - Opinions
We affirm the circuit court judge's order granting Respondent, who was indicted for murder, immunity from prosecution under section 16-11-440(C) of the Protection of Persons and Property Act.
27638 - SC Public Interest Foundation v. Lucas
The Court struck Proviso 84.18 from the 2015-2016 General Appropriations Act, finding the inclusion of the Proviso in that Act violated S.C. Const. art. lll. § 17.5-25-2016 - Opinions
27572 - Stokes-Craven Holding Corp. v. Robinson
Appellant appeals the circuit court's order granting summary judgment in favor of its trial attorney and his law firm based on the expiration of the three-year statute of limitations. Appellant contends the court erred in applying this Court's decision in Epstein v. Brown, 363 S.C. 372, 610 S.E.2d 816 (2005), and holding that Appellant knew or should have known that it had a legal malpractice claim on the date of the adverse jury verdict. We overrule Epstein, reverse the circuit court's order, and remand the matter to the circuit court.
27639 - Johnson v. Heritage Healthcare
The Court reversed the court of appeals' decision, Johnson v. Heritage Healthcare of Estill, Op. No. 2014-UP-318 (S.C. Ct. App. filed Aug. 6, 2014), and found that Heritage Healthcare of Estill waived its right to enforce the arbitration agreement.