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Court of Appeals Published Opinions - July 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.

7-3-2013 - Opinions

5152 - Turpin v. Lowther

This is an action by three beneficiaries of the estate of C.E. Lowther, Sr. against the personal representative of the estate, LeGrand Lowther. The probate court found LeGrand breached his fiduciary duty to the beneficiaries and awarded them $69,051 in damages. On appeal, the circuit court agreed but modified the judgment to $289,924. We affirm the findings of the circuit court.

5153 - Cherry v. Myers Timber Co.

In this appeal arising out of wrongful death, survival, and negligence actions, Appellants challenge the circuit court's grant of Myers Timber Company's summary judgment motion. They argue they presented sufficient evidence to raise a jury question as to whether Levister Logging was an employee of Myers and not an independent contractor. We affirm.

5154 - Trimmier v. SCDLLR

Edward Trimmier appeals the Administrative Law Court's order affirming the State Board of Dentistry's grant of his dentistry license contingent upon the provision of documentation relating to the status of his license in Georgia. We affirm.

5155 - Busillo v. City of North Charleston

Kristin Busillo won a jury verdict of $16,500.00 for damages arising out of an automobile accident with a City of North Charleston police officer. The city argues on appeal that the trial court erred in making two evidentiary rulings and in not using a special verdict form. We affirm.

5156 - State v. Marin

Manuel Marin appeals his convictions for murder and possession of a weapon during the commission of a violent crime. He argues the trial court erred in (1) refusing to instruct the jury that a person acting in self-defense has the right to continue shooting until the threat has ended and (2) refusing to charge the jury on South Carolina Code subsection 16-11-450(A) (Supp. 2012), which provides immunity from prosecution for persons "justified in using deadly force." We affirm.

7-10-2013 - Opinions

5157 - State v. Dial

Lexie Dial, III appeals his conviction of homicide by child abuse. He argues the trial court committed reversible error by (1) ruling Henry Dukes had authority to arrest Lexie Dial as a United States Marshall under section 23-1-220 of the South Carolina Code, or in the alternative, as a citizen pursuant to section 17-13-10 of the South Carolina Code; (2) refusing to allow defense counsel to impeach the State's lead investigator; (3) denying Dial's motion for a mistrial after Misti Richards brought an urn to the witness stand; (4) admitting prejudicial autopsy photographs into evidence and refusing to admit the pathologist's probative conflicting reports; and (5) sentencing Dial to the maximum sentence permitted under South Carolina law without properly considering the aggravating and mitigating circumstances.

5159 - State v. Henkel

On appeal, Gregg Henkel argues the trial court erred in denying his motion to dismiss his indictment for driving under the influence. Henkel contends the South Carolina Highway Patrol failed to comply with section 56-5-2953 of the South Carolina Code, which requires the arresting officer to provide videotaping of the incident site.

7-17-2013 - Opinions

5160 - State v. Moore

Ashley Eugene Moore was convicted and sentenced for the charges of trafficking cocaine base and possession of a weapon during the commission of a violent crime. On appeal, he argues the trial court erred in denying his motion to suppress evidence discovered during a traffic stop. Specifically, he argues his continued detention was unlawful because the State did not present sufficient evidence to establish the police officer's reasonable and articulable suspicion of a serious crime. We reverse.

7-24-2013 - Opinions

5161 - State v. Williams

Lance Williams appeals his convictions of criminal sexual conduct (CSC) with a minor, first degree, and unlawful conduct towards a child. He argues the trial court erred in (1) admitting statements given in violation of Miranda ; (2) denying his motion for a directed verdict for the unlawful conduct towards a child charge; and (3) admitting enlarged anatomical diagrams and photographs of the victim. We affirm.

5162 - Town of Kingstree v. Chapman

Lydia F. Duke and Alice H. Kellahan (collectively, Appellants) appeal the special referee's order granting the Town of Kingstree's (the Town's) petition to close a portion of Porter Street, arguing (1) the Town was bound by the allegation in its petition that Appellants had an easement for the use of Porter Street; (2) Appellants had an express written easement across the area in question, which had not been abandoned; (3) the area in question was not properly dedicated as a public roadway or street; (4) the Town lacked statutory authority to petition to close the area in question; (5) the Town failed to prove Appellants had abandoned the easement; (6) the Town failed to prove the closure of the area in question was in the public interest; (7) the Town failed to plead or prove Appellants were estopped to object to the closing of the area in question; (8) the evidence did not support the special referee's finding Appellants purchased the easement to make Porter Street a public road; and (9) the closure of Porter Street constituted a taking and Appellants are entitled to just compensation. We reverse.

7-31-2013 - Opinions

5138 - Chase Home Finance v. Risher

In this foreclosure action, Chase Home Finance appeals the refusal by the master-in-equity of its request for equitable relief against the one-half undivided interest in the subject property belonging to Respondent Cassandra Risher.