State v. Foster, 284 S.E.2d 780 (S.C. 1981). · Go Syfert
State v. Foster, 284 S.E.2d 780 (S.C. 1981). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 1 distinct case, last quoted 2009 · …taken literally, the word 'shall' is mandatory. at p. 780
13 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Smith (scctapp, 2009-06-25)
Top citers, strongest first. 3 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Smith (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 2009 · signal: see · quote attribution · 2 verbatim quotes · confidence high
taken literally, the word 'shall' is mandatory.
cited Cited as authority (rule) Holt v. State Farm Mutual Automobile Insurance
D.S.C. · 1994 · confidence medium
Taken literally, the word “shall” is mandatory.” State v. Foster, 277 S.C. 211 , 284 S.E.2d 780, 780 (1981).
discussed Cited "see" State v. Davis (2×)
S.C. Ct. App. · 2008 · signal: see · confidence high
See State v. Foster , 277 S.C. 211, 212 , 284 S.E.2d 780, 780 (1981) (“Taken literally, the word ‘shall’ is mandatory.”).
Retrieving the full opinion text from the archive…
The STATE, Appellant,
v.
Tommy Lee FOSTER, Jimmy Allen Crisp, Thomas Blease Odell, Herbert L. Tolbert, and Herman S. Daniels, Respondents
21605.
Supreme Court of South Carolina.
Nov 24, 1981.
284 S.E.2d 780
Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. William L. Todd and Patrick M. Teague, Columbia, for appellant., Tommy Lee Foster, pro se., Jimmy Allen Crisp, pro se., Thomas Blease Odell, pro se., Herbert L. Tolbert, pro se., Herman S. Daniels, pro se.
Per Curiam.
Cited by 7 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 78%
Citer courts: Court of Appeals of South Caro… (2)
Per Curiam:

The respondents were summoned to court on rules to show cause why they should not be barred from operating motor vehicles on highways of this State, as directed by the Habitual Offender Act, S. C. Code of Laws, §§ 56-1-1010 through -1130 (1976). The trial judge found each had committed offenses subjecting him to treatment as an habitual offender. See S. C. Code of Laws, § 56-1-1070 (1976). He issued orders stating he found the circumstances did not justify the use of the Habitual Offender Act. We vacate these orders and remand for application of the penalty mandated by the Act.

When a trial judge finds the individual before him is an habitual offender, he “shall direct that the person not operate a motor vehicle on the highways of this State and [that he] surrender to the court his drivers license or permit.” S. C. Code of Laws, § 56-1-1070 (1976). The statute is clear and explicit; it leaves no room for construction. The Court must therefore apply it literally. Green v. Zimmerman, 269 S. C. 535, 238 S. E. (2d) 323 (1977). Taken literally, the word “shall” is mandatory. Ex Parte Tolbert, 206 S. C. 300, 34 S. E. (2d) 49 (1945). We hold therefore that the Habitual Offender Act requires the judge to impose its penalty when, as here, he finds the individual before him is an habitual offender.

The trial judge erred by exercising his discretion in a matter not entrusted to his discretion. We vacate the orders and remand with instructions to the trial judge to impose the penalty set out in the Habitual Offender Act.