Opinions from the South Carolina Court of Appeals

In January, the South Carolina Court of Appeals published two opinions:

In Wilson v. SCDMV, the DMV appealed the circuit court’s order enjoining the DMV from suspending Anna Wilson’s driver’s license for five years after her conviction for driving under the influence of alcohol (“DUI”). The Court examined prior case law to address whether suspending one’s driver’s license after a lengthy delay following a DUI conviction violated due process. The Court affirmed the order of the circuit court finding that a five year delay between Wilson’s DUI conviction and the suspension is fundamentally unfair and that enforcing the suspension of her license would demonstrate a high likelihood of injury or potential prejudice.

In State v. Hughes, Hughes appeals his convictions for murder, first-degree burglary, grand larceny, and possession of a weapon during the commission of a violent crime arguing the circuit court erred in: (1) admitting prejudicial hearsay testimony and (2) denying his motion to require the State to open fully on the law and the facts during closing argument. The Court found the first issue unpreserved for appeal.  The Court considered the second issue and found that Hughes is unable to demonstrate prejudicial error. Accordingly, the Court affirmed Hughes’s convictions.

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