May 14, 2013 South Carolina Court of Appeals published opinions

Mick-Skaggs v Skaggs

Mick Skaggs appealed the no fault divorce decree in her case arguing that she proved Skaggs committed adultery and also argued she was entitled to alimony and attorney fees. Shea also challenged admissions of certain pictures. The panel affirmed in part, affirmed as modified in part. It held that both parties proved the other committed adultery as Skaggs admitted he had an affair, was observed touching another woman romantically and was observed entering his living quarters with that woman several times over a two week period while Mick-Skaggs was observed being affectionate with another man who followed her home and spent the night. Thus, the decree was modified to granting divorce to each party on the basis of adultery. The panel affirmed the denial of alimony based on her adultery. It affirmed the admission of the photos as they were relevant and any prejudice was minimal given the poor quality of the photos. The panel finally affirmed as to attorney fees as Mick-Skaggs faield to provide any evidence of the amount of the fees or how paying those fees would impact her financial wellbeing.

State v Johnson

Johnson moved to dismiss his DUI charge arguing Greeneville police failed to record his conduct as required by South Carolina code 56-5-2953 as there was no camera in the police car. The circuit court denied his motion and Johnson was convicted after a jury trial. The panel affirmed. It held that Greenville’s application for video camera from the state agency charged with supplying them at every opportunity made available to it and the expenditure of local funds to try and obtain video cameras demonstrated good faith efforts to install the required equipment and thus the provisions of 2953(G) which limit the requirement for recording to police cars with cameras actually installed applied and recording was not required as of the time of Johnson’s traffic stop.

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