What’s New  

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.

            

5-7-2007 – Opinions

 

4242 - State v. Kinard    

 

    The Court of Appeals affirmed Timothy Kinard's convcition for assault and battery with intent to kill (ABIK). Kinard appealed on grounds the trial court erred in refusing to charge the jury on the general intent required to convict for ABIK. However, the court found the trial court's charge regarding malice aforethought properly instructed the jury on the required general intent to kill.

 

4243 - Williamson v. Middleton    

 

    Williamson appeals from the trial judge's award of attorneys' fees to Middleton. Williamson argues that Middleton is not entitled to attorneys' fees, or in the alternative, that the criteria for awarding attorneys' fees were not met in this case. In an en banc opinion, a majority of the court affirms the award.

 

5-8-2007 – Opinions

 

4244 - State v. Gentile    

 

    Appellant appeals his conviction for trafficking in cocaine and possession with intent to distribute cocaine within proximity of a school. He contends the circuit court judge erred in denying his motion to suppress the drug evidence on the ground the search warrant was not supported by probable cause.

 

5-14-2007 - Opinions 

 

4245 - Sheppard v. Justin Enterprises     

 

The court determines that the owner of a servient estate cannot unilaterally relocate an express easement for ingress and egress without obtaining the consent of the owner of the dominant estate.

 

5-15-2007 - Opinions 

 

4246 - Duckett v. Goforth   

 

Elenita R. Duckett initiated an action in Greenwood County Family Court to determine paternity and adjudicate custody and child support in regard to Ronald R. Goforth. The family court found it lacked jurisdiction to address Duckett’s petition and dismissed the action. We reverse and remand.

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.

You should consult an attorney for further information.