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South Carolina
Judicial Department
Court of Appeals Published Opinions - August 2019

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.

8-7-2019 - Opinions

5672 - State v. Sledge

John Calvin Sledge appeals from his convictions and sentences for murder, unlawful conduct toward a child, and possession of a weapon during the commission of a violent crime arguing the trial court erred in (1) admitting portions of a 911 call because they amounted to inadmissible hearsay and were more prejudicial than probative, (2) admitting his statements to police because they were not freely and voluntarily given, and (3) imposing a five-year sentence for possession of a weapon during the commission of a violent crime because he was given a life sentence for the murder charge. We affirm the convictions but vacate the sentence imposed for the weapon possession.

5673 - Cricket Store 17 v. City of Columbia

Cricket Store 17 d/b/a Taboo (Taboo) appeals the order of the circuit court affirming the decision of the City of Columbia Board of Zoning Appeals in denying Taboo the right to request a special exception from a city ordinance limiting the operation of sexually-oriented shops within the limits of the City of Columbia. We affirm.

5674 - State v. Marshall

In this criminal appeal, Brandon Rashad Marshall, Jr. appeals his convictions for murder and possession of a firearm during the commission of a violent crime. On appeal, Marshall argues the circuit court erred in denying him immunity under the Protection of Persons and Property Act (the Act), S.C. Code Ann. §§ 16-11-410 to -450 (2015). We affirm.

5675 - Thompson v. Thompson

In this domestic relations matter, Jessica Pares (Wife) appeals the family court's Order from Rule to Show Cause/Motion, arguing the family court erred in (1) granting Robert Thompson's (Husband) Rule 60(b)(5), SCRCP, motion; (2) refusing to give Wife another opportunity to refinance the former marital home (the Home); (3) failing to make Husband solely responsible for the lien with Palmetto Coastal Investments, LLC (the Palmetto Lien); and (4) awarding attorney's fees to Husband and not awarding attorney's fees to Wife. We reverse and remand.

5676 - Hoyler v. The State of South Carolina

Appellant H. Marshall Hoyler challenges an order of the Master-in-Equity denying his request pursuant to S.C. Code Ann. § 48-39-220 (2008) to declare that Hoyler holds title to 95.27 acres of tidelands along the Beaufort River and abutting the Town of Port Royal. Hoyler argues that this property is readily identifiable from the plat incorporated into the deed to his predecessor in title and, therefore, the master improperly considered extrinsic evidence. Hoyler also argues the master erred by (1) allowing adjacent property owners to intervene in the action; (2) concluding the adjacent property owners had standing; (3) keeping the record open to allow Respondent Merry Land Properties, LLC to submit additional testimony; and (4) declining to hear post-trial motions in a timely manner. We affirm.

5677 - State v. Bowers

Late night verbal altercations at a local club escalated to a shootout, resulting in the death of two people, Dante Bailey and Michael Morgan, and the injury of two others, Robert Goodwine and Richard Green. Appellant Joseph Bowers was convicted for the (1) voluntary manslaughter of Michael Morgan, (2) assault and battery of a high and aggravated nature of Richard Green, and (3) possession of a weapon during the commission of a violent crime. Bowers argues the circuit court erred by instructing the jury on mutual combat and voluntary manslaughter because there is no evidence to support either charge. We reverse and remand for a new trial.