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South Carolina
Judicial Department
Court of Appeals Published Opinions - June 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.

6-7-2023 - Opinions

5988 - The State v. Sidney Moorer (2)

Sidney S. Moorer (Sidney) appeals his convictions for kidnapping and conspiracy to kidnap. Sidney argues the trial court erred in (1) transferring venue of his case back to Horry County; (2) denying his motion for directed verdict on both the kidnapping and conspiracy to kidnap charges; and (3) qualifying Grant Fredericks as an expert in forensic video analysis and allowing him to testify the Moorers' truck was the vehicle videotaped going toward and away from the place from which the victim disappeared. We affirm.

6-14-2023 - Opinions

5989 - State v. Anthony Anderson

In this criminal matter, Anthony Anderson appeals his convictions for two counts of murder, possession of a weapon during the commission of a violent crime, and aggregate sentence of sixty years' imprisonment. On appeal, Anderson argues the trial court erred by (1) finding he willingly, intelligently, and voluntarily waived his rights against self-incrimination and to counsel and (2) refusing to admit an unavailable, third party's statement as a hearsay exception. We affirm.

5990 - Peter Buonaiuto v. Town of Hilton Head

Peter Buonaiuto, individually and on behalf of all others similarly situated, appeals the master-in-equity's (the master's) order granting summary judgment to the Town of Hilton Head Island (the Town). On appeal, he argues the master erred in finding a "Contract for Professional Services" (the Contract) between the Town and the Hilton Head Island-Bluffton Chamber of Commerce (the Chamber) was not a contract for services as defined by the Town's procurement code. We affirm.

6-21-2023 - Opinions

5991 - Wilton Q. Greene v. State

Wilton Q. Greene argues the post conviction relief court erred in finding he received effective assistance of counsel despite trial counsel's failure to object to the admission of his prior robbery conviction or request a limiting instruction at his trial for armed robbery and kidnapping. We reverse and remand for a new trial.

5992 - Rufus Rivers v. James Smith, Jr.

Rufus and Merle Rivers appeal a circuit court order affirming a magistrate's order of eviction. They contend the case falls within a statute prohibiting magistrates from exercising jurisdiction when title to the property is at issue. Based on that, they argue the magistrate erred in finding a landlord-tenant relationship existed between them and James Smith, Jr., and in ordering them to pay rent into the magistrate's registry to secure a stay while they appealed the eviction. We agree and reverse.

5993 - Sylvia Lockaby v. City of Simpsonville

In this civil rights action, Appellant, former Simpsonville City Councilmember Sylvia Lockaby (Lockaby), challenges a grant of summary judgment to Respondents, the City of Simpsonville, former Mayor Janice Curtis, and Sgt. Adam Randolph. Lockaby alleges the circuit court erred in (1) finding that she should have pursued "internal remedies" before bringing suit; (2) concluding that her claims were subject to legislative immunity on behalf of Respondents; and (3) finding there were no genuine issues of material fact. We affirm.

6-28-2023 - Opinions

5994 - Desa Ballard v. Admiral Insurance Co.

In this action for declaratory judgment, Desa Ballard and Desa Ballard, P.A. (collectively, Ballard) appeal an order granting Admiral Insurance Company's (Admiral) motion for judgment on the pleadings, arguing the circuit court erred in considering the language of the "hammer clause" found in Admiral's professional liability insurance policy (the Policy). Ballard further contends the record lacks the factual development necessary to properly determine whether the refusal to consent to Admiral's proposed settlement was reasonable. We affirm the well-reasoned order of the circuit court.

5995 - State v. Kayla M. Cook

Kayla Marie Cook appeals her conviction for homicide by child abuse, arguing the trial court erred in (1) refusing to grant a mistrial and (2) allowing the introduction of evidence that the minor victim suffered an arm injury two- to four-weeks prior to her death. We affirm.

5996 - Palmetto Pointe v. Tri-County Roofing

In this condominium construction defect case, subcontractor defendant Tri-County Roofing, Inc. (TCR) appeals the trial court's decision regarding setoff. TCR contends the trial court erred in not setting off the entirety of a posttrial settlement between the plaintiffs and codefendant general contractor Complete Building Corporation. TCR further contends the trial court erred in denying its motion for a complete setoff of pretrial settlements between the plaintiffs and several other defendants involved in the project. We affirm in part and reverse in part.