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Court of Appeals Published Opinions - November 2013

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.

11-6-2013 - Opinions

5182 - State v. Page

This appeal follows the conviction of James Lamarcus Page (Appellant) for kidnapping, second degree criminal sexual conduct, second degree assault and battery, and possession of a knife during the commission of a violent crime. Appellant argues the trial court erred by (1) denying a motion to join his case with that of his alleged accomplice, and (2) finding a witness's proffered testimony was not relevant and not allowing Appellant to call that witness as part of his case-in-chief. While the trial court did not err in denying joinder, the trial court did err in finding the witness's proffered testimony was not relevant and, in turn, not allowing Appellant to call that witness. Hence, we reverse and remand for retrial.

11-27-2013 - Opinions

5167 - State v. Smith

Thomas Smith appeals his convictions for voluntary manslaughter, possession with intent to distribute marijuana within a half-mile radius of a school, and possession with intent to distribute marijuana. He argues the trial court erred in denying his motion for a directed verdict because the undisputed evidence showed he shot the victim in self-defense. We affirm.

5183 - ZAN v. Ripley Cove

ZAN, LLC (ZAN) filed these consolidated actions against Ripley Cove, LLC, W.H. Knight, Karl A. McMillan, individually and as the principal of Karl A. McMillan, Inc., W.M. Belote, East Coast Trading Company (East Coast), St. Andrews Title & Abstract Agency, Inc., Chicago Title Insurance Company, and Charles A. and Lillian M. Funk. ZAN sought rescission of the contract and damages. After a bench trial, the trial judge refused to rescind the contract, but the judge awarded ZAN $10,000 in joint and several damages against Respondents. ZAN appealed. We reverse and remand.

5184 - Baker v. Hilton Hotels Corporation

Bobby Baker appeals the South Carolina Workers' Compensation Commission Appellate Panel's (Appellate Panel) order, arguing the Appellate Panel erred in (1) finding he did not suffer physical brain damage, and (2) relying on Crisp v. SouthCo. Inc., 390 S.C. 340, 701 S.E.2d 762 (Ct. App. 2010), rev'd, 401 S.C. 627, 738 S.E.2d 835 (2013) (Crisp I).

5185 - Fragosa v. Kade Construction

Hector Fragosa appeals the South Carolina Workers' Compensation Commission Appellate Panel's (Appellate Panel) order, arguing the Appellate Panel erred in (1) finding he did not suffer physical brain damage, and was thus not entitled to lifetime benefits, and (2) relying on the opinion of Dr. Mark Wagner.