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May 27, 2010
Both Lester Hobart Bodkin, III (Husband) and Jan Ford Bodkin (Wife) appeal from the grant of a divorce on the ground of one year's continuous separation. Husband argues the family court erred in (1) failing to grant him a divorce on the grounds of Wife's habitual drunkenness, (2) awarding Wife alimony, (3) apportioning the marital estate, and (4) awarding Wife attorney's fees. Wife contends the family court erred in its determination of marital property. We affirm as modified......
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May 27, 2010
Housemasters, Inc., (Housemasters) appeals the trial court's factual finding that Beth H. Murphy established Housemaster's acceptance and negotiation of a $20,000.00 check offered in final payment of a disputed debt created an accord and satisfaction. Housemasters argues its negotiation of the check was not an accord and satisfaction because there was no agreement to discharge the obligation. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following authorities: Townes Assocs., Ltd. v....
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May 27, 2010
Tony L. Patterson appeals the Administrative Law Court's (ALC) affirmance of the Department of Correction's (the Department) denial of Patterson's grievance. We affirm.1... Patterson argues the ALC erred in finding his grievance was not timely filed. We disagree. The Department denied Patterson's grievance based on SCDC Policy Number GA-01.12 ¶ 13.1, which states an inmate must file a grievance within fifteen days of the alleged incident. Here, Patterson filed his grievance complaining of...
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May 27, 2010
The circuit court revoked Christopher S. McGuire's probation finding he failed to follow the instructions of his probation agent and failed to attended sex offender counseling. McGuire appeals the revocation of his probation, arguing the circuit court erred in revoking his probation without finding his failure to attend sex offender counseling was willful. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Hicks, Op. No. 26812 (S.C. Sup. Ct. filed May 3, 2010)...
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May 27, 2010
Octavia Middleton appeals his convictions of assault with intent to kill, three counts of assault and battery of a high and aggravated nature, five counts of armed robbery, two counts of first-degree burglary, and murder, for which he received an aggregate fifty-year sentence. Middleton argues the trial court erred in admitting photographs of scratches on his arms and in failing to direct a verdict in his favor. We affirm1 pursuant to Rule 220(b), SCACR, and the following authorities:... 1. As...
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May 27, 2010
LaPatrick Gibson appeals his conviction for escape pursuant to section 24-13-410 of the South Carolina Code Ann. (2007). A jury found him guilty of escape, and the trial court sentenced him to ten years' imprisonment. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following authorities:... 1. As to whether the trial court erred in denying Gibson's motion for a directed verdict: S.C. Code Ann. § 24-13-410(A) (2007) ("It is unlawful for a person, lawfully confined in prison or...
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May 27, 2010
James Waiters, Jr., appeals his convictions for two counts of armed robbery and possession of a firearm, arguing the trial court erred in denying his new trial motion. We affirm1 pursuant to Rule 220(b), SCACR, and the following authorities: State v. Alexander, 303 S.C. 377, 383, 401 S.E.2d 146, 150 (1991) (abolishing the rule prohibiting inconsistent verdicts in criminal cases and finding a defendant suffers no prejudice from inconsistent verdicts in a criminal case); State v. Nichols, 325...
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May 24, 2010
This is an appeal from an order granting a preliminary injunction to enforce a non-competition agreement, but modifying the territorial restriction in that agreement. Appellants contend the trial court did not properly balance the equities in deciding to grant the injunction. We hold that a balancing of equities is not a separate component in the preliminary injunction analysis. Appellants also contend the trial court erred in "blue penciling" the contract by replacing the unreasonable...
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May 24, 2010
Two shareholders in a corporation sued for dissolution and damages based on their belief that two other shareholders were draining profits by taking excessive salaries from the corporation. The trial judge found in favor of the plaintiff shareholders and, rather than order dissolution, ordered the defendant shareholders to buy the shares of the plaintiff shareholders. An appraisal was conducted pursuant to the trial court's order but, in valuing the future earnings of the corporation, the...
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May 24, 2010
The State appeals from a circuit court order granting the defendant's motion for disqualification of an assistant solicitor. We hold an order granting a motion for disqualification of an assistant solicitor is an interlocutory order that is not directly appealable by the State, and we dismiss the appeal... I... The defendant in this case, Henry Lee Wilson, was charged with the murder of his ex-wife, Lucille Wilson, as well as one count each of first-degree burglary and possession of a firearm...
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May 24, 2010
Charles Carmack (Carmack) was indicted and tried on four counts of assault and battery with intent to kill and one charge of possession of a firearm during the commission of a violent crime. A jury found him guilty on four counts of the lesser included offense of assault and battery of a high an aggravated nature (ABHAN) and acquitted him on the firearm charge. On appeal, Carmack argues the trial court erred: (1) in failing to sequester all the witnesses; (2) in failing to remove the jury...
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May 24, 2010
Eddie Lee Ford appeals his probation revocation, arguing the trial court erred in revoking his probation because his violation was not found to be willful. We affirm1 pursuant to Rule 220(b), SCACR, and the following authority: State v. Hamilton, 333 S.C. 642, 647, 511 S.E.2d 94, 96 (Ct. App. 1999) (holding an appellate court's authority to review a probation revocation is confined to correcting errors of law unless the lack of a legal or evidentiary basis indicates the circuit judge's decision...
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May 24, 2010
Brian A. DiMarco (Husband) appeals the family court's order finding him in contempt, arguing the court erred in holding him in criminal contempt without his attorney present and a jury trial. We affirm as modified.1... In June 2008, Husband was ordered before the family court on a rule to show cause for noncompliance with a prior support order. Two days prior to the hearing, Husband paid the outstanding balance on his support obligation. At the hearing, the family court noted Husband was in...
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May 24, 2010
Steven B. Crabtree appeals his conviction for third-degree burglary, arguing the trial court erred in: (1) denying his motion to relieve counsel and (2) failing to properly advise him regarding his right to self-representation. We affirm.1... 1. As to whether the trial court erred in denying Crabtree's motion to relieve counsel: The trial court conducted a thorough investigation into the basis of Crabtree's complaints against his trial counsel. Although Crabtree certainly expressed disagreement...
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May 20, 2010
Dyshum M. Jones appeals an Administrative Law Court (ALC) order affirming the South Carolina Department of Correction's (the Department's) denial of his step-two grievance. Jones argues he should have received five years and four months of work credit for his enrollment and participation in the mandatory educational program to which the Department assigned him. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following authorities:... 1. As to whether the ALC's decision was clearly...
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May 20, 2010
Aaron Grant Donaldson was convicted of two counts of first-degree criminal sexual conduct with a minor under the age of eleven, one count of second-degree criminal sexual conduct with a minor between the ages of eleven and fourteen, and two counts of incest. Donaldson appeals, arguing that the trial court erred in refusing to suppress a confession he made to his former pastor because it was protected by the clergyman-penitent privilege. We affirm pursuant to Rule 220(b), SCACR,1 and the...
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May 20, 2010
James Jermaine Abercrombie appeals his conviction for possession of crack cocaine with intent to distribute. On appeal, Abercrombie contends the trial court erred in denying his motion for a directed verdict. Abercrombie also asserts error in the jury instruction. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following authorities:... 1. As to whether the trial court erred in denying Abercrombie's motion for a directed verdict: State v. Weston, 367 S.C. 279, 292, 625 S.E.2d 641, 648...
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May 20, 2010
Jane Dorothy Moore was tried by a jury for failure to stop for a blue light. At trial, Moore maintained a woman in the car with Moore was driving. Moore was convicted and sentenced to ninety days' imprisonment. Moore argues the trial court erred in (1) precluding her from presenting the results of an experiment she personally conducted outside of court to determine travel times along the route where she was arrested; (2) preventing her from questioning the arresting officer regarding timed...
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May 20, 2010
Jerome Curtis Buckson appeals his conviction for first-degree burglary, arguing the trial court: (1) erred in denying his motion for a directed verdict, and (2) abused its discretion in denying his motion for a mistrial when hearsay previously ruled inadmissible was admitted into evidence. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following authorities:... 1. As to whether the trial court erred in denying his motion for a directed verdict: State v. Crawford, 362 S.C. 627, 633, 608...
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May 20, 2010
Michael S. West appeals the revocation of his probation for third-degree burglary and grand larceny for which the probation court ordered West to complete his initial ten-year sentence by serving eight years' imprisonment. West received thirty-three days of credit for time served. On appeal, West argues the probation court violated his constitutional rights by failing to give him credit for time served in Florida. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following authorities:......
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