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Court of Appeals Published Opinions - July 2001

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.

7-2-2001 - Opinions

3363 - Watts v. Metro Security Agency

Court of Appeals finds that Respondent's complaint was sufficient to state a cause of action and refuses to set aside defeault judgment.

3364 - Department of Social Services v. Mrs. H and Mr. H

This appeal involves the issues of (1) whether the family court properly terminated parental rights based on the appellants' failure to remedy the conditions which caused removal and (2) the effect of an outstanding motion for reconsideration on the family court's jurisdiction to hear the TPR action.

3365 - State v. Dunlap

This case examines two issues: (1) the alleged prejudicial comments made by the judge who qualified the entire jury panel; and (2) the admissibility of prior drug convictions under Rule 609, SCRE.

7-9-2001 - Opinions

3366 - Crafton v. Brown

This action to enforce a guaranty involves the admissibility of parol evidence, evidence of mutual assent, and evidence of consideration.

3367 - State v. Henderson

This DUI case deals with a defendant's stipulation offer relating to S.C. Code Ann. ยง 56-5-2950 (Supp. 2000).

3368 - Kocaya v. Kocaya

Court of Appeals finds inmate should have been transferred to the family court for his divorce proceeding.

3369 - State v. Hughes

This appeal focuses on the application of Rule 612, SCRE, where a witness has used a writing to refresh her memory prior to testifying.

7-16-2001 - Opinions

3370 - Bailey v. Segars

Discusses motions for directed verdict and JNOV in a negligence action involving an automobile/pedestrian collision.

3371 - State v. Gibbs

Discusses whether the filing of a notice of appeal stays a sentence of probation without the necessity of posting bail under the provisions of Rule 230, SCACR.

7-23-2001 - Opinions

3372 - Dukes v. Rural Metro Corporation

This workers' compensation case affirms the circuit court's decision upholding benefits for an employee who suffered an accidental gunshot wound during a smoking break.

3373 - State v. Brouwer

This case affirms a conviction for disseminating obscene material, but reverses for a new sentencing hearing under Davis v. State, 336 S.C. 329, 520 S.E.2d 801 (1999).

3374 - Heilker v. Zoning Board of Appeals for the City of Beaufort

This case involves the application of a local zoning ordinance. The Court of Appeals held a "use" in the zoning context is "the purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained." Further, the Court ruled a determination by a zoning board that a particular purpose or activity does or does not constitute a "use" is a finding of fact.

7-30-2001 - Opinions

3375 - State v. Williams

Possession of contraband by a prisoner of the State, based on alleged insufficiencies in and alterations to the indictment.