Court of Appeals Published Opinions - July 2014
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.
7-9-2014 - Opinions
Appellant Clarence Williams Jenkins seeks review of his convictions for kidnapping and murder. Appellant argues the trial court's refusal to provide the jury with the circumstantial evidence instruction quoted in State v. Edwards, 298 S.C. 272, 274-76, 379 S.E.2d 888, 889 (1989), abrogated by State v. Cherry, 361 S.C. 588, 595, 606 S.E.2d 475, 478-82 (2004), violated Appellant's right to require the prosecution to prove his guilt beyond a reasonable doubt. Appellant also challenges the trial court's failure to strike the testimony of the State's fingerprint expert, or, in the alternative, to grant a mistrial, arguing the prosecution withheld evidence material to the testimony in question. We affirm.
7-23-2014 - Opinions
Michael D. Williams was convicted of two counts of first degree criminal sexual conduct (CSC) with a minor and five counts of committing a lewd act upon a child. The trial court sentenced him concurrently to twenty-five years' imprisonment for CSC and fifteen years' imprisonment for lewd act upon a child. Williams appeals his convictions and sentence, arguing the trial court erred in excluding evidence the stepbrother of one of the victims sexually abused her. We affirm.
5250 - Precision Walls v. Liberty Mutual Fire Insurance
In this declaratory judgment action seeking a determination of coverage under an insurance policy, Precision Walls, Inc. (Precision) appeals the trial court's order, which found no coverage and granted judgment in favor of Liberty Mutual Fire Insurance Co. (Liberty Mutual). Precision argues the court erred in: (1) failing to find "property damage" under the policy; (2) failing to find an "occurrence" under the policy; (3) broadly construing one of the policy's exclusions to defeat coverage; and (4) narrowly construing the policy against coverage. We affirm.
7-30-2014 - Opinions
Peter Katzburg (Husband) appeals family court orders holding him in contempt, refusing to consider evidence, and requiring him to pay Loretta Katzburg (Wife) $704,861.76 pursuant to a foreign judgment registered in South Carolina. Husband argues the family court: (1) lacked subject matter jurisdiction to enforce the foreign judgment; (2) denied him due process; (3) erred in holding him in contempt; and (4) erred in refusing to consider an affidavit in his motion to reconsider. Additionally, Husband argues to the extent this court reverses the family court order, the award of attorneys' fees should be reversed as well. We vacate the family court's orders.