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South Carolina
Judicial Department
Court of Appeals Published Opinions - November 2022

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.

11-2-2022 - Opinions

5906 - Isaac D. Brailey v. Michelin North America, Inc.

Issac Brailey appeals the order of the Appellate Panel of the South Carolina Workers' Compensation Commission (the Commission) denying his claim for benefits against Michelin N.A., Inc. Brailey contends the Commission erred in finding (1) he failed to prove he sustained a compensable injury; (2) his claim was barred by the fraud in the application defense under Cooper v. McDevitt & Street Co.; (3) Michelin successfully proved the elements of Capers v. Flautt; and (4) he intentionally and willfully caused injury to himself. We reverse and remand.

5949 - Phillippa Smalling v. Lisa R. Maselli

Phillippa Smalling, individually and as Next Friend for Jahmerican M., a minor, brought this medical malpractice action against Dr. Lisa Maselli, M.D., both individually and as agent/employee of Carolina OB-GYN, for injuries suffered by Minor during his birth. Smalling challenges the circuit court's application of section 15-32-230 of the South Carolina Code (Supp. 2022), which requires gross negligence to impose liability in certain emergency and obstetrical care situations. We affirm.

11-9-2022 - Opinions

5950 - State v. Devin J. Johnson

Devin Jamel Johnson appeals his conviction of murder. He contends the trial court erred in admitting into evidence his statement to law enforcement, removing a juror midtrial, and instructing the jury on accomplice liability. We reverse.

11-23-2022 - Opinions

5951 - State v. Xzariera O. Gray

Xzariera Okevis Gray appeals his convictions for murder and possession of a weapon during the commission of a violent crime. Gray asserts the trial court erred by (1) denying him immunity from prosecution pursuant to the Protection of Persons and Property Act (the Act), (2) admitting into evidence a surveillance video of the shooting, and (3) denying his motion for a new trial without a hearing. We remand for the trial court to make specific findings that support its determination of whether Gray is, or is not, entitled to immunity under the Act.

5952 - Martha F. Watts v. Ricky W. Chastain

This is a personal injury case filed by Martha Foster Watts against the Sheriff of Laurens County involving a car accident. At trial, the court admitted a video into evidence over Watts' objection. On appeal, Watts argues she is entitled to a new trial because (1) the video was unfairly prejudicial to the verdict and (2) defense counsel's closing argument unfairly prejudiced the outcome. We affirm.

11-30-2022 - Opinions

5953 - State v. Nyquan T. Brown

This is an appeal of a murder conviction. The sole issue is whether it was error for the circuit court to instruct the jury that it was permissible for the jury to infer malice if the killing occurred during the commission of a felony. We do not reach that question. Instead, we hold that if it was error, the error was harmless. For that reason, we affirm.

5954 - State v. Rashawn Carter

Rashawn Vertez Carter appeals his convictions for first-degree burglary, kidnapping, armed robbery, and illegal possession of a firearm, arguing the circuit court erred in admitting evidence gleaned from law enforcement's warrantless use of Carter's cell phone to track his real-time location. Carter further contends the circuit court erred in admitting the unredacted video of his interview with police because the recording was replete with hearsay, accusations Carter was lying, and burden-shifting comments. Because the erroneous admission of the unredacted Interview Video could not reasonably have affected the result of Carter's trial, we affirm his convictions.