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Court of Appeals Published Opinions - February 2006

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.

2-13-2006 - Opinions

4081 - S.C. Department of Natural Resources v. McDonald

This is an appeal of a conviction for hunting deer over bait in Abbeville. Defendants argue the regulation they allegedly violated was ineffective because the enabling statute on which it was based had been repealed.

2-21-2006 - Opinions

4082 - State v. Elmore

This criminal appeal presents the issues of whether the trial court erred in refusing to grant a motion for a directed verdict and in ruling that the State could use two prior drug convictions for impeachment if the defendant testified.

4083 - Gadson v. Mikasa Corporation

n this Workers’ Compensation appeal, appellant posits two issues: (1) the circuit court erred in affirming the Workers’ Compensation Commission’s finding that Gadson had reached maximum medical improvement and was totally and permanently disabled; and (2) the circuit court erred in adopting the Commissioner’s acceptance of the report of Jean Hutchinson as an expert in vocational evaluation and as a certified rehabilitation counselor, who had filed an APA submission pursuant to Regulation 67-611.

4084 - McComas v. Ross

We reverse the trial court's dismissal of McComas' case for failure to prosecute. J. Anderson dissents in a separate opinion.

4085 - Sloan Construction Company v. SCDOT

In this appeal from the grant of a motion to dismiss, the Court analyzes whether South Carolina Code Sections 29-6-250 and 57-5-1660(a)(2) (Supp. 2004) give rise to a private right of action against a violating state agency.

2-27-2006 - Opinions

4086 - Earl v. HTH Associates, Inc.

The court agrees with both the circuit court and the workers' compensation commission that the failure to explicitly comply with the regulations governing cancellation of a policy results in continued coverage for an injured worker.

4087 - State v. Flynn

Flynn appeals from a number of criminal convictions arguing the trial court erred in not finding that the State violated Batson v. Kentucky by using peremptory strikes to remove black females from his jury.

4088 - SC Municipal Insurance and Risk Fund v. City of Myrtle Beach

The South Carolina Municipal Insurance and Risk Fund appeals an order requiring it to indemnify the City of Myrtle Beach for refunds of monies collected pursuant to a city ordinance that had been declared unconstitutional.

4089 - Taylor v. SC Department of Motor Vehicles

The South Carolina Department of Motor Vehicles appealed the trial court’s order reversing the administrative hearing officer’s order sustaining the suspension of Suchart Taylor’s driver’s license. We reverse the trial court because Taylor was not prejudiced by the arresting officer’s violation of the implied consent law.