Court of Appeals Published Opinions -
February 2021
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.
2-3-2021 - Opinions
Christopher H. appeals a sentencing court's order requiring him to register as a sex offender on the private sex offender registry. On appeal, he argues the sentencing court erred by finding good cause existed to place him on the private sex offender registry because there was insufficient evidence showing he was at risk of reoffending. We reverse.
Christopher Lampley appeals from an order granting partial summary judgment to the Dillon County Sheriff (Sheriff) based on section 15-78-60(14) of the South Carolina Code (2005). Lampley argues the trial court erred in (1) not finding section 15-78-60(14) unambiguously allows Lampley to recover damages from the Sheriff because the Sheriff was not his employer; (2) improperly altering the statute's unambiguous text with canons that do not apply; and (3) focusing on who funded the insurance, rather than who employed Lampley, which interjected uncertainty into an unambiguous statute. We reverse and remand.
Petitioner challenges the circuit court decision denying his claim for PCR related to his convictions for first degree CSC with a minor. He argues trial counsel was ineffective in failing to investigate and present evidence that the victim previously made and recanted an allegation of inappropriate conduct against a middle school teacher. We affirm, as Petitioner did not establish this evidence would have been admitted.
Tappia Dangelo Green appeals from his convictions for armed robbery, kidnapping, and possession of a weapon during the commission of a violent crime, asserting the trial court erred in allowing irrelevant testimony, allowing evidence of his post-arrest silence in violation of Doyle v. Ohio, 426 U.S. 610 (1976), and failing to enforce its initial decision to grant a mistrial when a juror was unable to participate in deliberations due to a medical condition and asked to be relieved. We affirm.
2-10-2021 - Opinions
In this cross-appeal from the family court, Julian D. Daily (Father) argues the family court erred in (1) awarding Shaundra Bryant Daily (Mother) sole custody of the parties' two minor daughters following her relocation to Florida, (2) setting the parallel parenting plan and his visitation, (3) finding him in contempt, and (4) ordering him to pay a portion of Mother's attorney's fees and half of the guardian ad litem's (GAL) fees. Mother argues the family court erred in failing to order Father to pay the full amount of her attorney's fees. We affirm as modified.
5802 - Meritage Asset Management v. Freeland Construction Company, Inc.
Meritage Asset Management, Inc., d/b/a Century Glass Company (Meritage), appeals the trial court's order granting South Carolina Military Department (the Department) summary judgment. On appeal, Meritage argues it was entitled to summary judgment because it was undisputed the Department failed to comply with the Subcontractors' and Suppliers' Payment Protection Act (the SPPA). We affirm.
5803 - Town of Arcadia Lakes v. South Carolina Department of Health and Environmental Control
The order on appeal is the closing chapter of a contested case about a construction project. The project's Developer-Roper Pond LLC-prevailed in a permitting challenge brought by the Town of Arcadia Lakes and several individuals. After the permitting challenge ended, the Administrative Law Court ordered the Town to pay the Developer roughly $205,000 in attorney's fees and costs under a statute that applies when a party sues or is sued by the State or one of its political subdivisions. The ALC also sanctioned the Town $200,000 after finding the Town brought the contested case for the purpose of delaying the project. We reverse.
5804 - Carolina Center Building Corp. v. Enmark Stations, Inc.
In this appeal, Carolina Center Building Corporation (Carolina) appeals the master-in-equity's order finding Enmark Stations, Inc. (Enmark) had a prescriptive easement to use a paved roadway (Roadway) situated on Carolina's property. Carolina also appeals the master's refusal to issue a writ of mandamus ordering the Town of Hilton Head (Hilton Head) to enforce Hilton Head's Land Management Ordinance Official's (LMO Official) order that the Roadway be removed. We affirm as modified.
2-17-2021 - Opinions
Charles Tillman was convicted for the murder of Christie Stutler (Victim), and for the possession of a firearm during the commission of a violent crime. He appeals his convictions, arguing the trial court erred in denying his motions for directed verdict and new trial, in admitting certain postdeath photographs of Victim, and in denying his request for a circumstantial evidence charge pursuant to State v. Edwards, 298 S.C. 272, 379 S.E.2d 888 (1989). We affirm.