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.
3-2-2022 - Opinions
Adam Rowell appeals his conviction for felony DUI resulting in death, felony DUI resulting in great bodily injury, and sentence of thirteen years' imprisonment. On appeal, Rowell argues the trial court abused its discretion in admitting blood samples (1) without the proper chain of custody, (2) after 50% of Rowell's blood volume was replaced, and (3) after 150% of Rowell's blood volume was replaced. Rowell also asserts the trial court erred in failing to conduct an evidentiary hearing with a juror who failed to disclose he had pending charges during voir dire. We affirm.
John Christopher Hart appeals his murder conviction, arguing the circuit court erred in (1) allowing the State to make comments in closing argument that could only arouse the passions and prejudices of the jury; (2) admitting into evidence incriminating statements Hart made in response to questioning when he was in custody but had not yet been given Miranda warnings; and (3) denying Hart's motion for a continuance despite the State's discovery tactics. We affirm Hart's conviction.
3-9-2022 - Opinions
Shawonder Scott appeals the circuit court's grant of summary judgment in favor of Norma L. Cyrus in her capacity as Tax Collector for Williamsburg County (Tax Collector) and Williamsburg County (collectively, Respondents). Scott contends Respondents violated section 12-51-40 of the South Carolina Code (2014 & Supp. 2020) by not providing her with notice of the delinquent taxes, tax sale, or redemption opportunity for property she claims she was renting to own. Scott asserts the circuit court erred by determining she lacked standing and Respondents did not owe her any duty because she was not the defaulting taxpayer of record, owner, or the grantee of record.
In this divorce action, Josie Bostick (Wife) appeals the family court's denial of her motion for continuance after the withdrawal of her previous attorney. Wife also appeals the family court's attributing the majority of the value of Earl Bostick's (Husband's) dental practice to personal goodwill, the family court's finding Wife had dissipated certain assets, the family court's alimony and attorney's fees award. We affirm in part, reverse in part, and remand.
In this case the court determines an out-of-state insurance policy also insured property, lives, or interests located in South Carolina, triggering the statute mandating that such contracts are considered made in South Carolina.
3-16-2022 - Opinions
Benson Hyundai appeals the denial of their motion to compel arbitration. We affirm, finding the parties never formed an agreement to arbitrate.
Allen Jacobs (Father) died while seeking sole custody of his two minor children, D.J. and M.J. (Children). Following a multi-week trial, the family court awarded custody of the Children to Father's wife, Meghan Jacobs (Stepmother), with supervised visitation granted to the Children's Mother, Ashley Zarcone. Father's parents, Donald Jacobs and Tamila Jacobs (Paternal Grandparents), intervened and were awarded visitation rights. Mother challenges both the custody and visitation awards, arguing the family court erred in declaring her unfit and finding Stepmother was the Children's de facto custodian and psychological parent. We affirm in part and vacate in part.
In this action for post-conviction relief (PCR), Larry James Tyler argues his trial counsel provided ineffective assistance by failing to move to sever the trial of his charge for second-degree sexual exploitation of a minor from the trial of his remaining indictments. The PCR court found trial counsel was "not deficient in any manner" and dismissed Tyler's petition. We reverse and remand.