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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.
5-6-2020 - Opinions
Herbie V. Singleton, Jr., appeals his conviction for obstruction of justice, arguing the circuit court erred in denying his motion for a directed verdict after the State failed to present any direct evidence or substantial circumstantial evidence that Singleton prevented, hindered, impeded, or obstructed the administration of justice. We affirm.
In this medical malpractice action, Shon Turner, as Personal Representative of the Estate of Charles Mikell, deceased, appeals the circuit court's (1) grant of a partial directed verdict in favor of the Medical University of South Carolina (MUSC) on Turner's physician negligence claim; (2) finding Turner's negligent supervision claim sounded in ordinary negligence and that ordinary negligence was not pled; (3) refusal to instruct the jury that Turner's physician negligence claim had been removed from consideration; (3) admitting Dr. Michael Zile's expert opinion and refusal to strike his testimony; (4) admitting medical records; and (5) admitting a blank copy of an MUSC Mayday record and testimony about Mayday records. We affirm in part and reverse and remand in part.
In this civil matter, Ephesian Ventures, LLC (Ephesian) appeals the master in-equity's order granting partial summary judgment to The Edgewater on Broad Creek Owners Association, Inc. (the Association). We affirm.
Frances A. Oxner appeals the circuit court's order requiring him to submit to an evaluation under the Sexually Violent Predator Act (the Act), arguing the circuit court erred in finding he meets the definition of a person "convicted of [a] violent offense" for purposes of the Act. He further contends the lapse of time between the State's filing of its petition for Oxner's evaluation as a sexually violent predator and the hearing on the State's petition constituted an unconstitutional delay. Finally, Oxner asserts the circuit court's conducting of the hearing while he was incompetent to stand trial violated his right to procedural due process. We affirm.
5-20-2020 - Opinions
David Richard Walker, Jr. appeals his conviction for murder. On appeal, Walker argues the trial court erred in admitting his statement to police that he had an outstanding warrant for murder, because he was not informed of his Miranda rights before making the statement. We affirm.
Justin Adams appeals his conviction of first-degree criminal sexual conduct (CSC) with a minor, arguing the trial court erred in (1) denying his motion to exclude the victim's testimony and out-of-court interviews; (2) refusing to charge the jury on criminal intent; (3) refusing to charge the jury it had to be unanimous as to the specific act of sexual battery he committed; and (4) denying his motion for a new trial based on victim's mother's alleged violation of a sequestration order. We affirm.