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South Carolina
Judicial Branch
Court of Appeals - Roster of Cases for Hearing

   

The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.

Monday, December 6, 2021
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2018-001806    The State, Respondent, v. Richard Kenneth Galloway, Appellant.

Joanna Katherine Delany, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent.

Richard Kenneth Galloway appeals his convictions of lewd act on a minor and first-degree criminal sexual conduct on a minor, arguing the trial court erred in (1) limiting the testimony of his expert witness, (2) allowing the State's expert witness to testify about risk factors for childhood sexual abuse, (3) permitting the State's witness to testify about childhood sexual abuse dynamics and disclosures even though she did not comply with a subpoena duces tecum, (4) admitting evidence of his alleged prior bad acts against the victim's mother, and (5) admitting testimony in violation of the best evidence rule.

 11:20 a.m. (Time Limits: 10-10-5)  
2018-001843    In the Matter of the Care and Treatment of William Ralph Wilson, III, Appellant.

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

The State brought this action under the Sexually Violent Predator Act, S.C. Code Ann. ยงยง 44-48-10 to -170, for a determination that Appellant William Ralph Wilson, III was a sexually violent predator in need of involuntary civil commitment in a secure facility for long-term control, care, and treatment. A jury found that Appellant was a sexually violent predator, and the circuit court ordered Appellant's commitment to the South Carolina Department of Mental Health. Appellant challenges the commitment order on the ground that the circuit court abused its discretion by admitting evidence of sexual misconduct that was not the subject of a conviction in violation of Rule 403, SCRE.

 12:00 p.m. (Time Limits: 10-10-5)  
2019-000574    Elizabeth Lofton, Appellant, v. Berkeley Electric Cooperative, Inc. and John Lucas Tree Expert, Co., Respondents.

Michael Ashley Whitsitt, of The Whitsitt Law Firm, of Mount Pleasant, for Appellant. Pope D. Johnson, III, of Columbia; and John B. Williams and J. Jay Hulst, both of Williams & Hulst, LLC, of Moncks Corner, all for Respondent Berkeley County Electric Cooperative, Inc. Sterling Graydon Davies, of McAngus Goudelock & Courie, LLC, of Columbia; and Helen F. Hiser, of McAngus Goudelock & Courie, LLC, of Mount Pleasant, both for Respondent John Lucas Tree Expert Company.

In this civil action, Elizabeth Lofton appeals the circuit court's grant of summary judgment in favor of Berkeley Electric Cooperative, Inc. and John Lucas Tree Expert Company. On appeal, Lofton argues the circuit court erred by finding she lacked standing in her personal capacity and abused its discretion by not allowing her to make a curative amendment to her complaint.

Tuesday, December 7, 2021
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001848    The State, Respondent, v. William Thomas Gule, Jr., Appellant.

Dayne C. Phillips, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and J. Anthony Mabry, both of Columbia, for Respondent.

William T. Gule, Jr. appeals his convictions for murder and possession of a weapon during the commission of a violent crime. He contends the trial court erred in (1) denying Appellant's request to instruct the jury on the lesser included offense of involuntary manslaughter; (2) allowing testimony of prior bad acts; and (3) refusing to grant a mistrial.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-001943    The State, Respondent, v. Benjamin Jerome Blake, Appellant.

Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and William Frederick Schumacher, IV, both of Columbia, for Respondent.

Benjamin Jerome Blake appeals his convictions for attempted murder, assault and battery of a high and aggravated nature, and possession of a weapon during the commission of a violent crime, arguing the circuit court erred in allowing the State to question him about an unrelated incident and failing to conduct the third step of the Batson procedure.

Wednesday, December 8, 2021
Courtroom I
 11:20 a.m. (Time Limits: 10-10-5)  
2019-000201    Stephen Roy Franklin II, Respondent, v. Kelly Simpson Franklin, Appellant.

Thomas Franklin McDow, IV, of McDow and Urquhart, LLC, and Barrett Wesley Martin, of Barrett W. Martin, P.A., both of Rock Hill, for Appellant. Thomas M. Neal, III, of Law Offices of Thomas M. Neal, III, of Columbia; and Pamela Michele Pearson, of Rock Hill, both for Respondent.

Kelly Simpson Franklin (Wife) appeals the family court's final order, arguing the family court erred in: (1) failing to make findings of fact regarding witness credibility, (2) calculating Stephen Franklin's (Husband) income in its child support determination, (3) not reducing Husband's visitation, and (4) not awarding her attorney's fees.

 12:00 p.m. (Time Limits: 10-10-5)  
2019-000327    South Carolina Law Enforcement Division, Respondent, v. Brandon Reed, Appellant.

Paul Andrew Anderson and Kristina Michelle Anderson, both of Anderson & Anderson, LLP, of Aiken, for Appellant. Leon David Leggett, III and Harley Littleton Kirkland, both of Columbia, for Respondent.

Brandon Reed appeals the circuit court's order declaring the family court's order removing him from the sex offender registry void, arguing the family court had both subject matter and personal jurisdiction to issue the order; the South Carolina Law Enforcement Division's (SLED) declaratory judgment action lacks any justiciable controversy and is an improper use of the Declaratory Judgment Act; and SLED's action is barred by res judicata and collateral estoppel and the family court order is the law of the case.

Thursday, December 9, 2021
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-000344    Donald and Carlee Simmons, Respondents, v. Benson Hyundai, LLC, Appellant.

Bradford Neal Martin and Laura Wilcox Howle Teer, both of Bradford Neal Martin & Associates, PA, of Greenville, for Appellant. E. Warren Moise, of Grimball & Cabaniss, LLC, of Charleston, for Respondents.

 10:40 a.m. (Time Limits: 15-15-5)  
2019-000413    Karl & Terri Hager, Robert Singleton & Teresa Singleton, Jay & Susan Welborn, Erik Arnold, and Bowers Caravelle, LLC, derivatively and on behalf of Caravelle Resort Association, Inc. and on behalf of themselves and those similarly situated, Appellants, v. McCabe, Trotter & Beverly, P.C. and Gold Crown Management Company, Inc., Defendants, Of Which McCabe, Trotter & Beverly, P.C. is the Respondent.

Andrew Sims Radeker, of Harrison, Radeker & Smith, P.A., of Columbia, for Appellants. Andrew W. Countryman, of Countryman Law Firm, of Mount Pleasant; and Robert P. Wood, of Rogers Townsend LLC, of Columbia, both for Respondent.

This is an appeal by several condominium owners of an order dismissing their claims against a law firm. The firm advised the property's homeowners' association after a hurricane damaged several units. The circuit court dismissed the claims for a number of reasons including that the owners could not sue the firm because the firm's client was the homeowners' association, not the individual owners. The owners argue this was error.

 11:20 a.m. (Time Limits: 10-10-5)  
2018-001938    The State, Respondent, v. Tammy Caison Moorer, Appellant.

Chief Appellate Defender Robert Michael Dudek and Lara Mary Caudy, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent.

Tammy C. Moorer appeals her convictions for kidnapping and conspiracy to kidnap. On appeal, Moorer argues the trial court (1) erred in failing to grant her motion for a directed verdict because there was no direct or substantial circumstantial evidence she was involved in the victim's disappearance; (2) abused its discretion and violated Rules 403 and 404, SCRE, in admitting text messages from her phone that were sexually explicit and referenced drug use; (3) abused its discretion in qualifying Grant Fredericks as an expert in forensic video analysis and allowing him to testify as to his unreliable conclusion that Moorer's truck was the vehicle videotaped going towards and away from the place where the victim was allegedly kidnapped; (4) abused its discretion in excluding the testimony of Moorer's alibi witnesses because she failed to comply with Rule 5(e)(1), SRCrimP; and (5) abused its discretion and violated Moorer's due process rights in excluding the testimony of several members of her family because they violated the sequestration order when the witnesses denied violating the order and no evidence showed their testimony was tainted.

Tuesday, December 7, 2021
Courtroom II
 10:40 a.m. (Time Limits: 10-10-5)  
2018-002272    Desa Ballard, as successor trustee of The Trust of Chris Combis, Appellant, v. Diane Combis, Chris A. Combis, Redding Jones PLLC, Simon John O'Brien, and Kent D. Jones, Defendants, Of Which Redding Jones PLLC, Simon John O'Brien, and Kent D. Jones are Respondents.

Douglas Neal Truslow, of Truslow & Truslow, of Columbia, for Appellant. Edward Bilbro Davis, of Bell Davis & Pitt, PA, of Charlotte, NC, for Respondents.

 
Wednesday, December 8, 2021
Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2018-002176    The State, Respondent v. Zantravious Randell Hall, Appellant.

Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, for Respondent.

Zantravious R. Hall appeals his convictions for murder, attempted murder, and possession of a weapon during the commission of a violent crime. He contends the trial court erred by (1) failing to allow him to present social media messages as evidence of an alibi for one of his codefendants and (2) sentencing him to life imprisonment without the possibility of parole based on his prior conviction for an offense committed as a juvenile.

 
 10:40 a.m. (Time Limits: 15-15-5)  
2019-000332    Alvar R. Rissanen, Michael H. Baxley, Clifford W. Forner, and Willie L. Hood, Respondents, v. City of North Charleston, Appellant.

Bob J. Conley and Caroline Wrenn Cleveland, both of Cleveland & Conley, LLC, of Charleston; and Emmanuel Joseph Ferguson, Sr., of Gaffney Lewis LLC, of Columbia, all for Appellant. Nancy Bloodgood and Lucy Clark Sanders, both of Bloodgood & Sanders, LLC, of Mt. Pleasant, for Respondents.

The circuit court held promissory estoppel required the City of North Charleston to reimburse four retired firefighters for the cost of supplemental health insurance policies. On appeal, the City argues the claims were barred by the statute of limitations, that the firefighters did not prove promissory estoppel, that the court's judgment is inconsistent and ambiguous, and that the court erred in awarding fees and costs.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2019-000157    Josie M. Bostick, Appellant, v. Earl A. Bostick, Sr., Respondent.

John Ryd Bush Long, of John R. B. Long, PC, of Augusta, GA, for Appellant. H. Grady Brown, III, of Law Offices of H. Grady Brown, P.A., of Beaufort; J. Michael Taylor, of Taylor/Potterfield, of Columbia; and Bridget Hillebrand Norton, of Beaufort, all for Respondent.

In this divorce action, Josie Bostick (Wife) appeals the family court's denial of her motion for continuance after the withdrawal of her previous attorney. Wife also appeals the family court's attributing the majority of the value of Earl Bostick's (Husband's) dental practice to personal goodwill, the family court's finding Wife had dissipated certain assets, the family court's alimony and attorney's fees award.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2018-002236    Amy S. Davis as Personal Representative of The Estate of Utricia Shealy, deceased, Respondent, v. Agape Nursing Rehabilitation Center, Inc., Agape Management Services, Inc., John Doe, Richard Roe Corporation, Jane Doe, and Mary Doe Corporation, Defendants, Of Which Agape Nursing Rehabilitation Center, Inc. and Agape Management Services, Inc. are the Appellants.

Jenkins McMillan Mann and Shaun C. Blake, both of Rogers Lewis Jackson Mann & Quinn, LLC, of Columbia, for Appellants. Kenneth Luke Connor and Christopher Caleb Connor, both of Connor & Connor LLC; and Allen Keith McAlister, Jr., of Hawk Law Group, all of Aiken, for Respondent.

In this negligence action, the estate of Utricia Shealy (the Estate) sued Agape Nursing Rehabilitation Center and Agape Management Services (together, Agape) for damages resulting from injuries Utricia sustained to her right hip when she fell from her wheelchair twenty-seven hours after her admission to Agape Nursing Rehabilitation Center. After a trial, Utricia's family received a verdict in the amount of $47,500 actual damages and $250,000 non-economic damages. Agape filed several post-trial motions, which were denied. Agape now asserts the trial court erred in: 1) granting a directed verdict motion on Agape's affirmative defense of intervening cause; 2) admitting evidence of Agape's past infractions from DHEC surveys in violation of Rules 402 and 403, SCRE; 3) admitting evidence of the wealth of Agape's owner and family in violation of Rules 402 and 403, SCRE; 4) denying Agape's directed verdict motion on Utricia's claim of professional negligence; and 5) denying Agape's motion for leave to deposit and stay the accrual of interest and execution of the judgment during the appeal.