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Court of Appeals Published Opinions - September 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.

9-4-2013 - Opinions

5169 - York v. Dodgeland of Columbia

Plaintiff-Appellants argue the trial court erred in granting Defendant-Respondents' motions to dismiss and to compel arbitration. Because every dispute was within the scope of at least one valid arbitration agreement, the trial court did not err in dismissing Appellants' suit and compelling arbitration.

5170 - State v. Rogers

In this criminal matter, Brandon Rogers appeals his convictions for second degree burglary and petit larceny. Rogers argues the trial court erred in (1) finding a Batson violation and preventing him from striking the jurors when they were called in a subsequent jury draw, and (2) sentencing him based on the pre-amended version of South Carolina Code section 16-11-312.

5171 - Nicholson v. SCDSS

South Carolina Department of Social Services (DSS) appeals the Appellate Panel of the South Carolina Workers' Compensation Commission's (the Commission) finding that Carolyn Nicholson sustained compensable injuries to her neck, back, and left shoulder when she fell while walking in a carpeted hallway of her workplace. DSS argues the Commission erred because Nicholson's injuries did not arise out of her employment, as the Workers' Compensation Single Commissioner (Single Commissioner) previously found.

5172 - State v. Rogers

A jury found Timmy Rogers guilty of murder for the death of Fred Engel. Rogers argues the circuit court erred when it refused to direct a verdict in his favor because the State failed to prove Rogers strangled Engel. We affirm.

9-25-2013 - Opinions

5158 - State v. Jakes

David Jakes appeals from his convictions of attempted assault and battery, attempted armed robbery, and possession of a weapon during a crime of violence. Jakes argues the trial court erred in not replacing a juror, whose spouse was a reserve deputy. Jakes additionally asserts that had his attorneys been aware of this juror's spouse's status, his attorneys would have used his peremptory challenges differently. Finding no error, we affirm.

5173 - Lee v. Bondex, Inc.

Bondex Inc. and its workers' compensation insurance carrier appeal the decision of the workers' compensation commission awarding Bernard Lee temporary total disability compensation. Bondex argues the commission erred in (1) finding Lee's injuries were compensable; (2) finding Lee was entitled to temporary total disability compensation; and (3) holding parts of Lee's claim in abeyance. We affirm. Judge Lockemy concurs in part and dissents in part in a separate opinion.