SC Judicial Department

South Carolina
Judicial Department

Supreme Court Published Opinions
December 2007

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.

12-3-2007 - Orders

12-3-2007
ORDER - In the Matter of James R. Jones, II

This order places James R. Jones, II on interim suspension pursuant to Rule 17(b), RLDE, Rule 413, SCACR, and appoints Daniel B. Lott, Jr. to protect the interests of Mr. Jones' clients.

ORDER - In the Matter of Bobby J. Long

12-10-2007 - Opinions

26398 - In the Matter of T. Andrew Johnson

This is an opinion in which the Court definitely suspended a lawyer from the practice of law.

26399 - In the Matter of Leroy Jonathan DuBre

This is an opinion in which the Court publicly reprimands a lawyer.

26400 - In the Matter of John A. Pincelli

This is an opinion in which the Court publicly reprimands a lawyer.

26401 - In the Matter of R. Brian Ponder

This is a disciplinary opinion in which the Court publicly reprimands a lawyer.

26402 - In the Matter of Alex J. Newton

This opinion disbars Alex J. Newton retroactive to March 22, 2006.

26403 - In the Matter of William Glenn Rogers, Jr.

This opinion suspends William Glenn Rogers, Jr. from the practice of law for sixty days, retroactive to August 17, 2007, the date of his interim suspension.

26404 - In the Matter of Samuel Michael Ogburn

This opinion suspends Samuel Michael Ogburn from the practice of law in this state for sixty days.

26405 - Smith v. State

In this PCR case, Petitioner sought relief from his two murder convictions on the grounds both his trial counsel and appellate counsel were ineffective. We affirm the PCR court's denial of relief to Petitioner.

12-17-2007 - Opinions

26406 - State v. Johnson

The Court vacates the Court of Appeals’ opinion in State v. Johnson, 363 S.C. 184, 610 S.E.2d 305 (Ct. App. 2005), finding that the State had no right to appeal due to the absence of an error of law in the trial judge’s decision to grant a new trial.

26407 - Coakley v. Horace Mann Insurance Co.

The Court reversed the Court of Appeals’ opinion in Coakley v. Horace Mann Ins. Co., 363 S.C. 147, 609 S.E.2d 537 (Ct. App. 2005). The Court held that excess insurance coverage was not available to Coakley, the injured passenger, because it was predicated on a finding that the owner of the car was not a dependent of the named insured.

12-20-2007 - Opinions

26408 - State v. Stone

This is an appeal from a capital sentencing proceeding. The jury sentenced Appellant Bobby Wayne Stone to death, and Appellant argued on appeal that testimony from the victim’s widow impermissibly injected an arbitrary factor into the jury’s deliberations. The Court held that the issue was not preserved for review because Appellant did not raise this issue at trial.

26409 - Curiel v. Environmental Management Services