Court of Appeals Published Opinions - March 2023
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.
3-1-2023 - Opinions
Cary Glenn Ryals argues the post-conviction relief (PCR) court erred in not finding his trial counsel was ineffective for not objecting to Ryals proceeding to trial dressed in improper prison attire and for not requesting a continuance in order for counsel to provide proper street clothes for Ryals. We reverse and remand for a new trial.
5972 - McEntire Produce v. SCDOR
The South Carolina Department of Revenue (SCDOR) appeals a decision by the Administrative Law Court (ALC) that held purchases by McEntire Produce, Inc. (McEntire) of certain supplies and protective clothing are entitled to the South Carolina partial sales tax exemption under section 12-36-2120(17) of the South Carolina Code (Supp. 2022). SCDOR argues the ALC erred in granting "the machine exemption" and "the pollution control machine exemption," both found in section 12-36-2120(17), to McEntire's purchases of items that are not "machines." We reverse.
3-15-2023 - Opinions
5973 - Richard J. Hook v. SCDHEC
The South Carolina Department of Health and Environmental Control (DHEC) appeals the administrative law court (ALC) holding it in contempt for failing to comply with a consent order. DHEC contends the ALC erred because its failure was not willful. We reverse.