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.
2-3-2003 - Opinions
This opinion publicly reprimands James Ray Westmoreland for representing clients with conflicting interests.
Post-Conviction Relief case involving the sufficiency of a murder indictment and whether Petitioner waived his right to object to the indictment's sufficiency.
This appeal addresses an evidentiary ruling and comments made by the solicitor during his closing argument of the sentencing phase of a death penalty trial.
This is an action to set aside the delinquent tax sale of Respondent's sailboat to Petitioner.2-3-2003 - Orders
ORDER - Rule 402, SCACR, Amendment
This order amends Rule 402, SCACR, to increase the number of members of the Board of Law Examiners to seven, to add associate members to the Board, and to specify the duties of members and associate members.2-10-2003 - Opinions
Dismissing juror over appellants' objections because the juror declined to take a religious oath is reversible error.
In this opinion, the Court suspended David B. Crosland, III, for three years and disbarred him, the sanctions to run concurrently, based on his receipt of the same sanctions in North Carolina.2-18-2003 - Opinions
Reversal of death sentence based upon failure to instruct jury regarding defendant's ineligibility for parole, and admission of improper autopsy photograph of victim.2-18-2003 - Orders
ORDER - In the Matter of John Earl Duncan
This order reinstates John Earl (Jack) Duncan to the practice of law in South Carolina.2-24-2003 - Opinions
This is an appeal from a commitment pursuant to the S.C. Sexually Violent Predator Act involving the issue of admission of criminal indictments.
Issue is whether the state may appeal the grant of a directed verdict in the defendant's favor, even when it is alleged the grant was based upon a legal error.
This domestic case determines that child support may be ordered for an unemancipated disabled adult child where the disability arose before majority.
The trial judge did not err in granting summary judgment because no issue of material fact existed concerning the existence of undue influence over the Testator in the execution of his will or trusts. Also, North Carolina law governed the validity vel non of the trust documents.
An appeal bond is required in order to stay the sentence anytime a person recieves a sentence of confinement.2-24-2003 - Orders
ORDER - In the Matter of Will T. Dunn, Jr.
This order places Will T. Dunn, Jr. on interim suspension after he was charged with kidnaping, first degree criminal sexual conduct, possession of methamphetamine with intent to distribute, and simple possession of marijuana.ORDER - Relaxation of Rule 238(c), SCACR, for State Agencies