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STATE v. COOPER

No. 25192.

342 S.C. 389 (2000)

536 S.E.2d 870

The STATE, Appellant, v. Frank Gary COOPER, Respondent. In Re In the Matter of the Care and Treatment of Frank Gary Cooper.

Supreme Court of South Carolina.

Decided September 5, 2000.

Rehearing Denied October 6, 2000.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Treva G. Ashworth, Assistant Deputy Attorney General J. Emory Smith, Jr., and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for appellant.

Raymond E. Mackay, of Anderson, for respondent.

TOAL, Chief Justice:

The State appealed an order requiring it to pay fees incurred to hire an expert to examine Frank Gary Cooper ("Cooper") in conjunction with a trial pursuant to the Sexually Violent Predator Act, S.C.Code Ann. §§ 44-48-10 to -170 (Supp.1999). The State simultaneously filed a Petition for a Writ of Supersedeas or for Clarification in the Court of Appeals and a Petition for an Extraordinary Writ with this Court, which was denied as moot...

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