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.
3-7-2012 - Opinions
The Court affirmed the Administrative Law Court's order upholding the Department of Health and Environmental Control's issuance of a water quality certification to District 5.
The Court granted a petition to argue against precedent to revisit Webb v. Sowell, wherein the Court held requiring a non-custodial parent to pay college expenses as an incident of child support violates the Equal Protection Clause. Upon further review, the Court now overrules Webb and finds requiring the parent to so do is constitutional.
The Court imposed an eighteen month suspension in this attorney disciplinary case.3-7-2012 - Orders
ORDER - In the Matter of Barton W. Fordham, Jr
The Office of Disciplinary Counsel petitions the Court to transfer respondent to incapacity inactive status pursuant to Rule 17(b), RLDE, Rule 413, SCACR and seeks the appointment of an attorney to protect respondent's clients' interests pursuant to Rule 31, RLDE, Rule 413.3-14-2012 - Opinions
In this case, the Court held that to satisfy due process, a convicted sex offender must have had actual notice of the 2006 change to section 23-3-460, which imposed an additional registration requirement, to be convicted of violating section 23-3-470 of the South Carolina Code.
The Court affirmed an order granting the State summary judgment.
Oseil Gomez Narciso (Petitioner) appeals his conviction for trafficking cocaine and argues that the police search and seizure was unreasonable under the Fourth Amendment to the United States Constitution. Following his conviction, Petitioner was granted a belated direct appeal, but waived his right to pursue any other post-conviction relief allegations. Petitioner requests that this case be remanded for a determination as to whether that waiver was entered into knowingly and voluntarily.
In this case, the Court affirms the PCR court's denial of post-conviction relief for Petitioner. Although Petitioner was not permitted to view a video that allegedly depicted Petitioner engaging in a drug transaction because of the State's interest in protecting an informant, the Court found no Brady violation occurred and Petitioner's guilty plea was freely and voluntarily given because defense counsel was able to view the video on his behalf, the State provided Petitioner with still photographs from the video, and the video was inculpatory.