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In re The Care & Treatment of Carroll

Court of Appeals of South Carolina
Feb 1, 2023
No. 2023-UP-043 (S.C. Ct. App. Feb. 1, 2023)

Opinion

2023-UP-043 Appellate Case 2020-000697

02-01-2023

In the Matter of the Care and Treatment of Craig A. Carroll, Appellant.

James Kristian Falk, of Falk Law Firm, LLC, of Charleston, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Submitted January 1, 2023

Appeal From Berkeley County Roger M. Young, Sr., Circuit Court Judge

James Kristian Falk, of Falk Law Firm, LLC, of Charleston, for Appellant.

Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent.

PER CURIAM

Craig Allen Carroll appeals the trial court's order denying his request for a jury trial to determine his fitness for release from the South Carolina Sexually Violent Predator Treatment Program. Because evidence in the record reasonably supports the trial court's order, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: In re Care &Treatment of Tucker, 353 S.C. 466, 470, 578 S.E.2d 719, 721 (2003) ("On review, the appellate court will not disturb the hearing court's finding on probable cause unless found to be without evidence that reasonably supports the hearing court's finding."); id. at 470, 578 S.E.2d at 722 ("In a [section] 44-48-110 probable cause hearing, the committed person has the burden of showing the hearing court that probable cause exists to believe that his mental condition has so changed that he is safe to be released."); S.C. Code Ann. § 44-48-110 (2018) ("If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court must schedule a trial on the issue.").

AFFIRMED.

We decide this case without oral argument pursuant to Rule 215, SCACR.

GEATHERS, MCDONALD, and HILL, JJ., concur.


Summaries of

In re The Care & Treatment of Carroll

Court of Appeals of South Carolina
Feb 1, 2023
No. 2023-UP-043 (S.C. Ct. App. Feb. 1, 2023)
Case details for

In re The Care & Treatment of Carroll

Case Details

Full title:In the Matter of the Care and Treatment of Craig A. Carroll, Appellant.

Court:Court of Appeals of South Carolina

Date published: Feb 1, 2023

Citations

No. 2023-UP-043 (S.C. Ct. App. Feb. 1, 2023)