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Court of Appeals Published Opinions - January 2003

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.

1-6-2003 - Opinions

3582 - Okatie River v. Southeastern Site Prep

This case involves the analysis of the theory of money had and received/implied by law contract/quasi-contract.

3583 - Evans v. Accent Manufactured Homes, Inc.

This case involves the question of waiver as applied to contract language analyzed under the Federal Arbitration Act.

3584 - State v. Thompson

This criminal appeal alleges error in the trial judge's ruling admitting hearsay bystander statements and error in refusing to declare a mistrial based on warrants pending against the appellant.

3585 - State v. Adkins

This criminal appeal alleges error in the trial judge's jury charge on the exercise of the right to remain silent and the state's burden of proof.

3586 - Ippolito v. Hospitality Management Associates

Innkeeper appeals a jury's award of $210,000 to guests who had jewelry and cash stolen from their hotel room.

3587 - State v. Vang

Vang appeals his conviction for murder, conspiracy to commit armed robbery, and armed robbery, arguing he is entitled to a new trial.

3588 - In the Interest of Jeremiah W.

A juvenile appeals his convictions for breach of the peace and threatening a public official. He argues that his arrest for breach of peace was unlawful, and because the arrest was unlawful, his comments following the arrest did not constitute threatening a public official.

3589 - City of Newberry v. Newberry Electric Cooperative, Inc.

The City of Newberry appeals a trial court order denying its request for an injunction barring Newberry Electric Cooperative, Inc. from providing electric service to an annexed area. We reverse and remand.

1-21-2003 - Opinions

3590 - State v. Mattison

In this criminal case, the court affirmed a conviction of possession of crack cocaine. The issues discussed and analyzed are: (1) was the Appellant's consent coerced and involuntary, (2) did the pat-down search of the Appellant exceed the scope of his consent, (3) was the pat-down search based on reasonable suspicion, and (4) did the pat-down search exceed any scope authorized by Terry v. Ohio.

3591 - Pratt v. Morris

In this Worker's Compensation case, the court analyzes whether Pratt's injuries arose out of and in the course of his employment. Specifically, the court in affirming an award discussed the principle of "sphere of employment" in a work scenario together with a review of the efficacy of the "going and coming rule."

3592 - Gattis v. Murrells Inlet VFW# 10420

In this workers' compensation action, the parties litigated, inter alia, a change in condition, S.C. Code Ann. ยง 42-17-90, and payment for out-of-state medical services.

1-27-2003 - Opinions

3593 - McMillan v. Gold Kist

Gold Kist appeals the circuit court's finding that it was prohibited from enforcing an arbitration agreement it adopted by an amendment to its bylaws Gold Kist argues that by signing a membeship agreement, McMillan was bound by Gold Kist's subsequently adopted arbitration policy.

3594 - South Carolina Second Injury Fund v. Liberty Mutual Insurance Company

Affirming circuit court order finding employer's insurance carrier entitled to reimbursement from the SC Second Injury Fund for death benefits paid to employee's estate.