Legal Opinion · Dissent

Lynch v. Carolina Self Storage Centers, Inc.

Court of Appeals of South Carolina

Decided March 26, 2014No. Appellate Case No. 2012-212109; No. 5213Published

1DissentPieper, J.

I respectfully dissent because I believe sufficient information was presented to the trial court to warrant an evidentiary hearing to allow the parties to further develop the allegations of juror misconduct presented in the post-trial affidavits. See McCoy v. State, 401 S.C. 363, 371, 737 S.E.2d 623, 628 (2013) (“[EJvaluating the merits of a juror misconduct claim is a fact-intensive inquiry, which is most appropriately conducted after a hearing.”); State v. Bryant, 354 S.C. 390, 395, 581 S.E.2d 157, 160 (2003) (“In cases where a juror’s partiality is questioned after trial, it is appropriate…

2Cases cited2 opinions

  1. McCoy v. StateSupreme Court of South Carolina · 2013
  2. State v. BryantSupreme Court of South Carolina · 2003

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