4-23-2014 - Opinions
5221 - Digital Ally v. Light-N-Up
Light-N-Up, LLC, and Steven Shepherd (collectively, Light-N-Up) appeal from an order finding a judgment of Digital Ally, Inc. obtained in Missouri was a valid judgment that could be enforced in South Carolina. Light-N-Up argues the Missouri Long Arm Statute does not trump the parties' agreement that Kansas law would apply and exclusive jurisdiction was in the state or federal courts located in Johnson County, Kansas. We affirm.
5222 - State v. Battle
Appellant Julian Deandre Battle appeals his conviction for murder, arguing the trial court erred in (1) refusing to charge the jury on involuntary manslaughter, and (2) charging the jury that it could consider evidence of Appellant's flight in determining his guilt. We reverse and remand for a new trial
5223 - Roberts v. State
Ronald I. Roberts was convicted of trafficking in cocaine and possession with intent to distribute cocaine within one-half mile proximity of a school. Based upon a confusing jury verdict we reverse Roberts' trafficking conviction and remand for a new trial.
5224 - State v. Robinson
Alex Robinson appeals his conviction for trafficking cocaine, arguing the trial court erred in refusing to suppress evidence seized pursuant to a search warrant. We find the search warrant invalid because the affidavit supporting it gave the issuing judge no information as to the confidential informant's reliability. Without such information, the affidavit did not provide the issuing judge a substantial basis for a finding of probable cause, the good faith exception does not apply, and the evidence must be suppressed. We reverse.
5225 - State v. Hendricks
Matthew Ryan Hendricks appeals his convictions for kidnapping and two counts of criminal sexual conduct in the first degree. He argues the trial court erred in admitting a recording of the victim's mother's 911 call, in which the mother's statement to the 911 operator repeated the victim's statement of what Hendricks did to her. We find the trial court correctly admitted the victim's statement, but erroneously admitted the mother's statement. However, we find Hendricks suffered no prejudice from the error, and therefore we affirm.
5226 - State v. Gordon
The State appeals the circuit court's reversal of the magistrate court's conviction of Cody Roy Gordon for driving under the influence (DUI). It contends the circuit court erred in finding the State did not comply with section 56-5-2953(A) of the South Carolina Code because Gordon's head was not visible on the required recording during one of the field sobriety tests administered. We affirm in part, vacate in part, and remand.
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