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Court of Appeals Published Opinions - January 2004

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.

1-7-2004 - Opinions

3673 - Zepsa Construction, Inc. v. Randazzo

In this action to foreclose a mechanic's lien, overhead expenses and lost profits were not recoverable as lienable items given the construction project had not been completed and the parties had not agreed upon these items as terms of the contract. The prevailing party was entitled to an award of attorney's fees under the mechanic's lien statute.

1-12-2004 - Opinions

3721 - State v. Abdullah

The Court of Appeals reversed the trial court's suppression of evidence in this drug trial, finding that the drugs were found in plain view during a protective sweep of the apartment, where the officers were responding to a report of a burglary and gunfire at an apartment.

3722 - Hinton v. S.C. Department of Probation, Parole and Pardon Services

This case involves the applicability of Sections 24-21-640 and 16-1-60 to out-of-state offenses so as to eliminate parole eligibility.

3723 - CEL Products v. Rozelle

CEL filed a complaint against Rozelle and Rozelle counterclaimed. Rozelle appeals the trial judge's order granting summary judgment on her counterclaims. We affirm.

3724 - State v. Pagan

This criminal appeal alleges error in the Circuit Judge's admission of evidence involving flight and guilty conscience as well as corroborative testimony about the commission of a murder and threats to a witness.

1-20-2004 - Opinions

3725 - In the Interest of: Christopher H.

In this criminal case, Christopher H pled guilty to grand larceny and first-degree burglary without representation by counsel. We reverse and remand for a new trial finding Christopher did not validly waive his right to counsel persuant to Faretta v. California, 422 U.S. 806 (1975).

3726 - Bowman v Bowman

In this divorce action, Husband appeals family court's denial of his Rule 60(b)(2) motion to set aside its judgment against him. He also challenges the adequacy of attorney fees and suit monies he was awarded. The court of appeals affirmed on all issues.

1-27-2004 - Opinions

3727 - Jenkins v. Jenkins

Domestic Action: Wife appeals award of attorney fees, alimony, Husband's portion of Wife's IRA and as well as reimbursement for sum expended on marital home. Affirmed in part, reversed in part, and remanded.

3728 - State v. Rayfield

Bynum Rayfield was charged with three counts of first-degree criminal sexual conduct, three counts of committing a lewd act upon a child, and one count of contributing to the delinquency of a minor. The jury returned a verdict of guilty on all counts, and he was sentenced to an aggregate term of thirty years imprisonment. Rayfield appeals, arguing the circuit court erred in granting the State’s Batson motion and in charging the jury that the testimony of victims

3729 - Vogt v. Murraywood Swim and Racquet Club

Vincent A. Vogt appeals from an adverse jury verdict in a personal injury action. The dispositive issue on appeal is Vogt’s status as a licensee or an invitee. The trial court ruled that Vogt was a mere social guest and hence a licensee. The court of appeals affirms.