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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.

6031 - State v. Terriel Mack

Terriel Leshawn Mack appeals the result of a resentencing hearing under Aiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (2014). Mack argues that the circuit court erred by sentencing Mack to life without parole without making a specific finding that he was irreparably corrupt and by failing to properly consider the factors in juvenile sentencing laid out by our supreme court. We reverse and remand.

11-8-2023 - Opinions

6032 - State v. Rodney J. Furtick

Rodney Furtick appeals his second degree criminal sexual conduct (CSC) conviction and sentence, arguing the circuit court erred in finding certain prior convictions admissible under Rule 609, SCRE. Furtick contends the circuit court applied an improper balancing test and eliminated any probative value the prior convictions may have once had by "sanitizing" them. We affirm.

6033 - David Stokes v. Oconee County

In this defamation action, Appellant David T. Stokes seeks review of the circuit court's rulings granting summary judgment to Respondents Wayne McCall and Edda Cammick and denying Stokes's motion to amend his complaint. Stokes also challenges the circuit court's ruling quashing a subpoena Stokes served on the Administrator for Respondent Oconee County (the County). Stokes argues that (1) Councilman McCall and Councilwoman Cammick were not entitled to immunity under the South Carolina Tort Claims Act because their alleged misconduct fell outside the scope of these council members' official duties; (2) the proposed amendment to his complaint would not have been futile because the alleged defamatory statements were not material to the purpose of the meeting at which they were made; and (3) Stokes was entitled to serve a subpoena on the County Administrator in his individual capacity because his prior deposition was taken in his capacity as a representative of the County pursuant to Rule 30(b)(6), SCRCP. We affirm the circuit court's orders granting summary judgment to McCall and Cammick and denying the motion to amend. We decline to address the circuit court's ruling quashing the subpoena as it is not immediately appealable.

6034 - State v. Charles Dent

In this criminal matter on remand from the South Carolina Supreme Court, Charles Dent appeals his convictions for first degree criminal sexual conduct (CSC) with a minor and disseminating obscene material to a minor. We affirm.

11-15-2023 - Opinions

6035 - J & W Corporation v. Broad Creek Marina

In this action, Appellant J & W Corporation of Greenwood (J&W) appeals an order of Master-in-Equity resolving a dispute between J&W and Respondents Broad Creek Marina of Hilton Head, LLC; Broad Creek Marina Operations, LLC; Broad Creek Marina Properties, LLC; and Broad Creek Marina and Development, LLC (collectively, "Broad Creek Marina"). J&W argues that the master's errors include: (1) declining to issue a declaratory judgment for J&W in a dispute over the use of a boat shed for J&W's office; (2) ordering J&W to accept an Aqua Lodge houseboat as a "Floating Office"; (3) declining to award J&W nominal damages for breach of contract; (4) declining to apply an equitable setoff to the damages awarded to Broad Creek Marina because of the dispute over the boat shed-office; (5) awarding damages and pre-judgment interest to Broad Creek Marina for hurricane-related damage to some of the marina's docks; (6) declining to issue a judgment declaring that a settlement agreement between the parties shifted responsibility for dock damages and insurance coverage to Broad Creek Marina; and (7) quashing a trial subpoena and awarding certain damages despite the subpoenaed evidence's relevance to those damages. We affirm in part, reverse in part, and remand for the entry of a judgment in compliance with this opinion.

6036 - Jacque Lucas v. KapStone Paper & Packaging

Appellants Jacque Lucas, Shirley Ann Lucas, and Daniel Simerly challenge the circuit court's order dismissing this personal injury action as to Respondents, KapStone Paper and Packaging Corporation and KapStone Kraft Paper Corporation, for lack of subject matter jurisdiction pursuant to Rule 12(b)(1), SCRCP. Appellants argue the circuit court erred by concluding that Respondents were alter egos of Lucas's and Simerly's employer for purposes of the exclusivity provision of the South Carolina Workers' Compensation Law, section 42-1-540 of the South Carolina Code (2015). We affirm.

11-22-2023 - Opinions

6037 - Covil Corporation v. Wall, Templeton & Haldrup, P.A.

This appeal arises from an action brought by the dissolved Covil Corporation's appointed Receiver, Peter D. Protopapas, against one of Covil's insurers, United States Fidelity and Guaranty Company (USF&G). USF&G appeals the special circuit court's order clarifying the status of the Receivership and rejecting USF&G's argument that South Carolina's statute of repose available to dissolved corporations bars asbestos personal injury claims against Covil. We affirm the order of the special circuit court.