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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.
6-1-2022 - Opinions
In this criminal appeal, pursuant to Article I, Section 10 of the South Carolina Constitution, the trial court suppressed evidence of methamphetamine production that officers found inside an apartment occupied by Sylvester Ferguson. The State of South Carolina argues the trial court erred in (1) finding officers needed a reasonable suspicion of criminal activity before approaching the apartment to conduct a "knock-and-talk" and (2) ruling the officers did not have a reasonable suspicion to approach the apartment.
Amanda Leigh Huskins and Jay R. Huskins (collectively, the Huskinses) appeal the circuit court's order granting Mungo Homes, LLC's (Mungo's) motion to dismiss and compel arbitration. The Huskinses argue the circuit court erred in (1) finding the limitations period contained in the arbitration provision was not one-sided, oppressive, and unconscionable; (2) finding the arbitration provision applied mutually to Mungo and the Huskinses; (3) failing to consider the one-sided and oppressive terms of a limited warranty provision in determining whether the arbitration agreement was unconscionable; and (4) granting the motion to dismiss the Huskinses' claims involving the limited warranty provision even though it concluded the arbitration provision did not include claims arising under the limited warranty provision. We affirm the circuit court's order as modified.
6-15-2022 - Opinions
In this criminal appeal, Leslie Davis contends the trial court erred in admitting evidence of his prior conviction for rape in the first degree, an element of criminal sexual conduct with a minor in the first degree (CSCM) under section 16-3-655(A)(2) of the South Carolina Code (2015).
Devonta Edward Williams argues the trial court should have directed a verdict of acquittal on one of his attempted murder indictments because he sees no evidence he intended to kill the particular individual named in the indictment. We affirm because we are convinced there was evidence from which a jury could find Williams intended to kill the individual in question because the individual was within the zone of danger created by Williams' conduct.
6-22-2022 - Opinions
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.
Zantravious Randell Hall appeals his convictions for murder, attempted murder, and possession of a weapon during the commission of a violent crime. Hall contends the trial court erred by (1) failing to admit certain social media messages into evidence and (2) enhancing his sentence to life imprisonment without the possibility of parole (LWOP) pursuant to section 17-25-45 of the South Carolina Code (2014 & Supp. 2021) (the recidivist statute). We affirm.