Court of Appeals Published Opinions - May 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.
5-7-2007 - Opinions
The Court of Appeals affirmed Timothy Kinard's convcition for assault and battery with intent to kill (ABIK). Kinard appealed on grounds the trial court erred in refusing to charge the jury on the general intent required to convict for ABIK. However, the court found the trial court's charge regarding malice aforethought properly instructed the jury on the required general intent to kill.
4243 - Williamson v. Middleton
Williamson appeals from the trial judge's award of attorneys' fees to Middleton. Williamson argues that Middleton is not entitled to attorneys' fees, or in the alternative, that the criteria for awarding attorneys' fees were not met in this case. In an en banc opinion, a majority of the court affirms the award.
5-8-2007 - Opinions
Appellant appeals his conviction for trafficking in cocaine and possession with intent to distribute cocaine within proximity of a school. He contends the circuit court judge erred in denying his motion to suppress the drug evidence on the ground the search warrant was not supported by probable cause.
5-14-2007 - Opinions
4245 - Sheppard v. Justin Enterprises
The court determines that the owner of a servient estate cannot unilaterally relocate an express easement for ingress and egress without obtaining the consent of the owner of the dominant estate.
5-15-2007 - Opinions
Elenita R. Duckett initiated an action in Greenwood County Family Court to determine paternity and adjudicate custody and child support in regard to Ronald R. Goforth. The family court found it lacked jurisdiction to address Duckett’s petition and dismissed the action. We reverse and remand.
5-18-2007 - Opinions
Larry Gene Moore challenges his conviction of armed robbery. He alleges the charge of armed robbery was improper because the evidence does not show he used force or intimidation to take Wal-Mart’s merchandise, but only to retain the property and escape. We disagree.
Clarence Williams appeals the denial of his motion to set aside the master-in-equity’s settlement order. We affirm.
5-31-2007 - Opinions
4249 - Patterson v. Palmetto Bank
Evolving from a probate action, the principal issue on appeal is whether a purchaser of a property may maintain a breach of warranty action against the seller’s estate, when the purchaser is a subsequent purchaser for value without notice and can claim paramount title to the property against the initial purchaser.
The court determined the trial court properly denied a motion to suppress evidence found in a vehicle that the defense alleged was illegally searched.