Supreme Court Published Opinions - October 2017
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.
10-4-2017 - Opinions
Farid A. Mangal was convicted of several counts of criminal sexual conduct with a minor. Subsequently, Mangal filed an application for post-conviction (PCR) relief alleging he had received ineffective assistance of counsel. After a hearing, the PCR court found counsel was not ineffective. The court of appeals reversed and held counsel was ineffective in not objecting or moving for a mistrial in response to alleged bolstering testimony. Mangal v. State, 415 S.C. 310, 781 S.E.2d 732 (Ct. App. 2015). We granted certiorari to review the court of appeals' decision.
27740 - In the Matter of Lisabeth Rogers
This is a disciplinary opinion in which the Court publicly reprimands an attorney.
27741 - In the Matter of Darryl Smalls
27742 - In the Matter of Alvin R. Lundgren
The Court permanently debars Alvin R. Lundgren from seeking any form of admission to practice law in South Carolina. The Court also orders Lundgren to pay the costs of the investigation and prosecution of this matter to the Commission on Lawyer Conduct.10-25-2017 - Opinions
Shawn Lee Wyatt appeals his convictions for attempting to furnish contraband to a prisoner and possession with intent to distribute cocaine, cocaine base, and marijuana. He argues the trial court erred by not suppressing two eyewitness identifications. We affirm the trial court's decision not to suppress the primary identification. We find, however, the police identification procedure was not unnecessarily suggestive, and thus the trial court should have addressed the suppression question only under the first prong of Neil v. Biggers. As to the other identification, we find no error. We affirm Wyatt's convictions.
We granted the parties' cross-petitions for a writ of certiorari to review the Court of Appeals' decision in State v. King, 412 S.C. 403, 772 S.E.2d 189 (Ct. App. 2015), wherein the Court of Appeals reversed and remanded Raheem D. King's conviction for attempted murder but affirmed his convictions for armed robbery and possession of a firearm during the commission of a violent crime. We affirm as modified.
This is a PCR action. The PCR court granted relief on the basis that trial counsel was ineffective for permitting the State's forensic interviewer to give opinion testimony that improperly bolstered the credibility of the victim. The PCR court ordered a new trial. We affirm.