State v. Miller

CourtUnited States State Supreme Court of South Carolina
Citation409 S.C. 312,762 S.E.2d 394
Decision Date06 August 2014
PartiesThe STATE, Petitioner, v. Phillip MILLER, Respondent. Appellate Case No. 2012–212847.

409 S.C. 312
762 S.E.2d 394

The STATE, Petitioner,
v.
Phillip MILLER, Respondent.

Appellate Case No. 2012–212847.

Supreme Court of South Carolina.

Aug. 6, 2014.


ORDER

By order dated June 11, 2014, we granted the State's petition for a writ of certiorari to review the Court of Appeals' decision in State v. Miller, 398 S.C. 47, 727 S.E.2d 32 (Ct.App.2012). The Division of Appellate Defense

[762 S.E.2d 395]

has notified this Court that respondent is deceased, and on that basis, Appellate Defense moves for this matter to be dismissed as moot. The State opposes the motion, but in the alternative, requests that in the event the matter is dismissed, the Court of Appeals' opinion be vacated. We hereby grant the motion to dismiss and vacate the Court of Appeals' opinion.

/s/JEAN H. TOAL, C.J.

/s/DONALD W. BEATTY, J.

/s/JOHN W. KITTREDGE, J.

/s/KAYE G. HEARN, J.

/s/FOR THE COURT

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1 practice notes
  • In re Kevin R., 27430.
    • United States
    • United States State Supreme Court of South Carolina
    • August 6, 2014
    ...a family court to evaluate before transferring a juvenile's case to the Court of General Sessions.15 Nonetheless, the State's status as [762 S.E.2d 394]parens patriae cannot supplant a juvenile's immutable state constitutional rights. The apparent tension between the State's power as parens......
1 cases
  • In re Kevin R., 27430.
    • United States
    • United States State Supreme Court of South Carolina
    • August 6, 2014
    ...a family court to evaluate before transferring a juvenile's case to the Court of General Sessions.15 Nonetheless, the State's status as [762 S.E.2d 394]parens patriae cannot supplant a juvenile's immutable state constitutional rights. The apparent tension between the State's power as parens......

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