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Court of Appeals Published Opinions - October 2016

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.

10-10-2016 - Opinions

5445 - SCDSS v. Ngoc Tran

Ngoc Tran, a Georgia resident, appeals an order terminating her parental rights to her minor child. On appeal, Tran argues the South Carolina family court did not have subject matter jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act. Because we find the Department of Social Services did not meet its burden of establishing subject matter jurisdiction, we vacate and remand.

10-19-2016 - Opinions

5446 - State v. Mazique

Rickey Mazique appeals from his conviction for armed robbery, arguing the trial court erred in: (1) not conducting a timely and adequate inquiry as to his motion for the appointment of substitute counsel; (2) denying him the right to self-representation at a critical stage of the proceedings; (3) allowing the State to take advantage of him with its prejudicial and inflammatory comments to the jury; (4) denying his request to require the State to offer the entire audio of his police interview; (5) refusing to require the State to provide him a copy of the officer's handwritten notes for cross-examination; (6) denying him the right to effective cross-examination of officers; (7) refusing to allow him to cross-examine a witness about any pending charges to examine for bias, motive, etc.; and (8) the cumulative effect of all the foregoing errors prevented him from having a fair trial. We affirm.

10-26-2016 - Opinions

5447 - Rent-A-Center v. SCDOR

Rent-A-Center West Inc. appeals the administrative law court's (ALC) finding the standard statutory apportionment formula did not fairly represent its business activities in South Carolina and the Department of Revenue's (the DOR) alternative apportionment method for calculating its income tax was reasonable. It also maintains the ALC erred in finding it was not a unitary business. It further asserts the ALC erred by concluding the DOR did not violate its constitutional rights. We reverse.

5448 - Kranchick v. State

The State appeals the PCR court's order granting Respondent Kranchick's application for PCR. The State argues the PCR court erred in determining that Kranchick's trial counsel provided ineffective assistance in failing to object to the State's forensic toxicologist's testimony as to the effects of the marijuana, antihistamines, and cough suppressant found in Kranchick's blood after the accident. We reverse.

5449 - Bruning v. SCDHEC

Ken Bruning and other homeowners in the Rookery subdivision of Cat Island (collectively, Appellants) in Beaufort County challenged the issuance of a National Pollutant Discharge Elimination System (NPDES) permit to Cat Island POA regarding stormwater management for Garfield Park, Phase 3, another subdivision on Cat Island. Appellants appeal the Administrative Law Court's (ALC's) order affirming the issuance of the permit raising numerous grounds. We reverse in part based on the misinterpretation of a provision of the Coastal Zone Management Program (CMP). We affirm other issues based on substantial evidence in the record, and we decline to address certain issues as they are no longer relevant in light of the disposition of other issues.