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Supreme Court Seal
South Carolina
Judicial Department
Court of Appeals Published Opinions - February 2007

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.

2-5-2007 - Opinions

4202 - State v. Smith

Affirms the circuit court's grant of a new trial because the minor victim was coached by a relative during his testimony.

4203 - State v. Kelly

The Court of Appeals affirmed the circuit court's instructions following a jury polling where one juror was not comfortable with the guilty verdict. The circuit court did not err in sending the jury back for more deliberations or in declining to give an Allen v. United States charge.

4204 - Roland v. Heritage Litchfield, Inc.

Respondents, the owners of eleven condominium units in the Avian Forest development, sued Appellants for numerous causes of action after discovering mold in the firewall area of the condominiums. The trial court granted Respondents' motion for partial summary judgment as to liability. Appellants appeal, arguing (1) issues of material fact exist with regard to both the extent of the mold problem and its causation, and (2) Respondents do not own the common areas where the mold was found. We affirm.

4205 - Altman v. Griffith

This is an appeal from a family court order awarding custody of the parties' minor child to Ernest Bartlett Altman. Vicky Griffith appeals. We affirm.

2-12-2007 - Opinions

4206 - Hardee v. McDowell

Concludes that a contractor must collect proof of insurance from a subcontractor on each separate job to justify shifting liability to the South Carolina Uninsured Employers' Fund for an injury to the subcontractor's employee.

2-20-2007 - Opinions

4207 - State v. Colden

Cedric Ali Colden appeals his conviction for kidnapping, armed robbery, and murder. Colden argues the trial court erred in denying his motion for a continuance and refusing to order a mental competency evaluation. We affirm.

4208 - State v. Pride

Appellant, who was tried in absentia and without counsel, appeals his conviction for possession of crack cocaine and possession of crack cocaine with intent to distribute within the proximity of a school. He contends the circuit court judge erred in finding he waived his right to counsel.

4209 - Moore v. Weinberg

Joseph Moore (Moore) appeals the grant of summary judgment with regard to his claims of negligence, conversion, and civil conspiracy against M. M. Weinberg, Jr. and Weinberg and Brown, L.L.P. (collectively Weinberg). The trial court granted Weinberg’s summary judgment motion based on the doctrine of novation. We affirm in part, reverse in part, and remand.

4210 - Hull v. Spartanburg County Assessor

This case uses of the income approach when valuing a lessed property for tax purposes. Under the income approach, the tenant's financial difficulties are reflected in the capitalization rate.

2-26-2007 - Opinions

4211 - State v. Govan

The S.C. Court of Appeals affirmed the circuit court's decision to admit evidence gathered from a show-up identification. The court found that despite the inherrent suggestiveness of show-up identifications, this show-up was not unduly suggestive under the elements of a test previously established by this court.