Court of Appeals Published Opinions - March 2017
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.
3-1-2017 - Opinions
5471 - Fay v. Total Quality Logistics
The enforceability of an employee noncompete, confidentiality, and nonsolicitation agreement is at issue in this cross-appeal from a circuit court order granting partial summary judgment. Appellant-Respondent Joshua Fay argues the circuit court erred by finding (1) Ohio law applied to the agreement and (2) the agreement was valid and enforceable under either Ohio or South Carolina law. Respondent-Appellant Total Quality Logistics, LLC claims the circuit court erred by failing to find Fay breached the agreement. We reverse the circuit court's partial grant of summary judgment to TQL, and we dismiss TQL's cross-appeal.
3-3-2017 - Opinions
Appellant Andrew Jack Myers (Father) appeals a family court order terminating his parental rights to his minor daughter (Child) and granting an adoption of Child to Respondents Edward and Tammy Dalsing (Foster Parents). On appeal, Father argues the family court erred by (1) finding his consent was not required for Child's adoption, (2) terminating his parental rights, (3) granting adoption to Foster Parents while finding they lacked standing to file an adoption petition, (4) allowing Foster Parents to be parties to this action, and (5) finding Child's permanent plan should be termination of parental rights (TPR) and adoption. We vacate in part, reverse in part, and remand for a new permanency planning hearing.
3-15-2017 - Opinions
Appellant Alexander Huckabee, III seeks review of his convictions for homicide by child abuse (HCA), inflicting great bodily injury upon a child, unlawful conduct toward a child, and first-degree criminal sexual conduct (CSC) with a minor. Appellant assigns error to the trial court's admission of the testimony of a witness proffered as an expert in criminal behavioral analysis, arguing the witness's criminal profiling testimony (1) was excludable under Rule 403, SCRE, (2) was based on an unreliable methodology, (3) was given by an unqualified witness, and (4) usurped the jury's role as sole fact finder. Appellant also challenges the admission of his third statement because (1) law enforcement did not "re-Mirandize" him after a three-day lapse following his previous custodial interrogation and (2) the interrogation was given under additional coercive conditions. We affirm in part, reverse in part, and remand.
In this appeal from the Administrative Law Court (ALC), Dan and Mary Abel (the Abels) argue the ALC erred in refusing to enforce a previous consent order requiring that wetlands on neighboring property be maintained. We reverse and remand.
3-29-2017 - Opinions
Clyde Bowen Davis appeals his conviction for conspiracy to traffic 100 grams or more but less than 200 grams of methamphetamine, arguing the circuit court erred in (1) refusing to dismiss Count II of the superseding indictment, (2) failing to find the State abused the grand jury process, (3) failing to find the State withheld material exculpatory evidence, (4) admitting an unduly suggestive out-of-court identification, and (5) admitting an investigator's testimony that included hearsay from a confidential informant. We affirm.