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Supreme Court Seal
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, June 7, 2021
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001596    The State, Respondent, v. John Fitzgerald Anderson, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, and Mary Abigail Young Bechtol, of Mount Pleasant, both for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-001497    Bobby Foster, Appellant, v. Julian Neil Armstrong, Respondent.

Linda Weeks Gangi, of Thompson & Henry, PA, of Conway, for Respondent. Eric Marc Poulin, Lane Douglas Jefferies, Roy T. Willey, IV, and Matthew Thomas Foss, all of Anastopoulo Law Firm, LLC, of Charleston; and Kenneth Thomas David, of Arlington, VA, for Appellant.

As part of a personal injury matter, Bobby Foster (Appellant) seeks to overturn the circuit court's findings that Appellant's service by publication of Julian Neil Armstrong (Respondent) failed to give the court personal jurisdiction over Respondent. Appellant contends this led the circuit court to erroneously grant summary judgment to Armstrong.

 11:20 a.m. (Time Limits: 10-10-5)  
2018-001647    The State, Respondent, v. Robert Xavier Geter, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Tommy Evans, Jr., all of Columbia, for Respondent.

Robert Xavier Geter was convicted for the stabbing murder of James Lewis and the attempted murder of Clarence Stone. Geter maintains the trial court erred in charging transferred intent in relation to the attempted murder charge and in allowing certain testimony from the State's chief investigator which Geter maintains constituted improper vouching.

Tuesday, June 8, 2021
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001739    Mary Cromey, Appellant, v. South Carolina Department of Revenue, Respondent.

Joshua Madison Tyler Felder and Richard L. Few, Jr., both of Parker Poe Adams & Bernstein, LLP, of Greenville, for Appellant. Nicole Martin Wooten, of Columbia, for Respondent.

Appellant Mary Cromey (Taxpayer) challenges an order of the Administrative Law Court upholding a determination by Respondent South Carolina Department of Revenue (the Department) that Taxpayer does not qualify as a surviving spouse of a disabled veteran for purposes of the property tax exemption set forth in section 12-37-220(B)(1) of the South Carolina Code.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-001217    Danmon Gregory, Respondent, v. Rozlyn Ford, Appellant.

Stephen C. Hucks, Sr., of Hucks & Felker, LLC, and Matthew Martin McGuire, both of Columbia, for Appellant. Cheryl Turner Hopkins, of Law Office of Cheryl Turner Hopkins, and Brooke Ashleigh Grooms, both of Florence, for Respondent.

Following a three-day family court trial at which Rozlyn Ford appeared pro se, Ford argues (1) the chief administrative judge abused his discretion by failing to hear her timely filed motion for a continuance and (2) the trial judge abused his discretion in denying the motion for a continuance despite Ford's assertion that she was diligently attempting to obtain new counsel.

Wednesday, June 9, 2021
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001556    The State, Respondent, v. Marion C. Wilkes, Appellant.

H. Wayne Floyd and Colin Thomas Lee Spangler, both of Wayne Floyd Law Offic,e of West Columbia, for Appellant. Attorney General Alan McCrory and Caroline Scrantom, both of Columbia, for Respondent.

In this criminal appeal, Marion C. Wilkes appeals his conviction for the murder of his wife, Susan Wilkes (Victim). Wilkes argues the trial court erred in (1) excluding a DVD copy and portions of the film Where the Lilies Bloom and (2) instructing the jury that malice may be inferred from the use of a deadly weapon.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-001975    In the Matter of the Care and Treatment of Thomas Griffin, Appellant.

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

 11:20 a.m. (Time Limits: 10-10-5)  
2018-002155    City of Charleston Housing Authority, Respondent, v. Katrina Brown, Appellant.

Matthew M. Billingsley, of S.C. Legal Services, of N. Charleston; and Adam Protheroe, of Columbia, both for Appellant. Theodore Parker, III, of Parker Nelson & Associates, of Las Vegas, NV; and Jacqueline Dixon Phillips and Thomas Bacot Pritchard, both of Parker Nelson & Associates, of Charleston, all for Respondent.

When the Housing Authority of the City of Charleston (CHA) discovered Katrina Brown's minor son had been arrested for committing armed robbery, it applied for Brown and her children's eviction, asserting Brown's son's alleged criminal activity violated the terms of her lease agreement. Ultimately, the Magistrate granted CHA's application for eviction, and the Circuit Court affirmed. Brown appeals, arguing the eviction was not proper because: 1) CHA failed to demonstrate it considered alternatives to eviction or other mitigating circumstances before filing its application for eviction; 2) CHA failed to demonstrate Brown's son's alleged criminal activity presented an ongoing threat to the health, safety, or right to peaceful enjoyment of other residents; and 3) CHA's lease terms were unreasonable. Finally, Brown asserts the circuit court misapplied the holding from U.S. Dep't of Rous. & Urban Dev. v. Rucker, 535 U.S. 125 (2002) in finding Brown's eviction was proper.

Tuesday, June 15, 2021
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001630    The State, Respondent, v. James Elbert Daniels, Jr., 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 J. Anthony Mabry, all of Columbia, for Respondent.

James E. Daniels, Jr. appeals his convictions for two counts of armed robbery and one count of murder, arguing that in violation of the Fifth and Fourteenth Amendments to the United States Constitution, the circuit court erred by admitting statements Daniels made to law enforcement where the evidence demonstrated he was in custody and the police used the unconstitutional "question-first" tactic to elicit incriminating statements from Daniels rendering any waiver of his rights involuntary and unknowing.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-001262    Dorchester County Taxpayers Association, individually, and on behalf of all others similarly situated; Weatherstone Property Owners Association, individually, and on behalf of all others similarly situated, George Resnick; William A. Harbeson; James Stephen Green, Jr.; Homer P. Gonzales; Gerald E. Ziegler; David Messinger; and South Carolina Public Interest Foundation; Appellants, v. Dorchester County; Dorchester County Council; David Chinnis, George Bailey, Jay Byars, Willie Davis, Carroll S. Duncan, Larry Hargett and William R. Hearn, Jr., in their official capacities as members of Dorchester County Council; Town of Summerville; Summerville Town Council; William E. McIntosh III, in his official capacity; Dorchester County Sheriff; Luther C. Knight, in his official capacity; Dorchester School District Two; Dorchester School District Two Board of Trustees; Joseph R. Pye, Justin Famsworth, Gail Hughes, Brian Mitchum, Tanya Robinson, Sam Clark, Barbara Crosby and Lisa Tupper, in their official capacities; Dorchester County School District Four; Dorchester County School District Four Board; Dorchester County Career and Technology Center; and Dorchester County Career and Technology Center Board of Trustees; Respondents.

Michael T. Rose, of Mike Rose Law Firm, PC, of Summerville; and W. Andrew Gowder, Jr., of Austen & Gowder LLC, of Charleston, both for Appellants. Drew Hamilton Butler, of Richardson Plowden & Robinson, PA, of Mount Pleasant; and Carmen Vaughn Ganjehsani, and Anthony E. Rebollo, both of Richardson Plowden & Robinson, PA, of Columbia, for Respondents Dorchester County, Dorchester County Council, David Chinnis, George Bailey, Jay Byars, Willie Davis, Carroll S. Duncan, Larry Hargett, William R. Hearn, Jr., and Luther C. Knight. Thomas Kennedy Barlow, of Columbia, for Respondents Dorchester School District Two, Dorchester School District Two Board of Trustees, Joseph R. Pye, Justin Famsworth, Gail Hughes, Brian Mitchum, Sam Clark, Barbara Crosby, and Lisa Tupper. David Leon Morrison, of Morrison Law Firm, LLC, of Columbia, for Respondents Dorchester County Career and Technology Center and Dorchester County Career and Technology Center Board of Trustees. Kenneth Allen Davis, Tierney Felicia Dukes, and Charles J. Boykin, all of Boykin & Davis, LLC, of Columbia; and Adam Jordan Mandell, of Cambridge, MA, all for Respondents Dorchester County School District Four and Dorchester County School District Four Board. Erik P. Doerring and Robert L. Widener, both of Burr & Forman LLP, of Columbia; and William H. Davidson, II, and Kenneth P. Woodington, both of Davidson, Wren & DeMasters, of Columbia, all for Respondents William E. McIntosh, III, Town of Summerville, and Summerville Town Council.

Taxpayers and community interest groups appeal the dismissal of their complaint against Dorchester County and Dorchester District 4 School District which alleged the local government and the school district violated applicable taxation laws by funding the school district's school resource officers through taxpayer funds.

 11:20 a.m. (Time Limits: 10-10-5)  
2018-002068    Wells Fargo Bank, N.A., Respondent, v. Michael G. Morgan; Margaret H. Fitch, M.D.; Eric J. Olig; South Carolina Department of Revenue; Linda Lawrence Bowen; Defendants, Of Whom Michael G. Morgan is the Appellant.

Andrew Sims Radeker, of Harrison, Radeker & Smith, P.A., of Columbia, for Appellant. Sarah P. Spruill, of Haynsworth Sinkler Boyd, PA, of Greenville; and Stacie Corbett Knight, of Winston & Strawn, LLP, of Charlotte, NC, for Respondent.

In this foreclosure action initiated by Wells Fargo Bank, Michael Morgan filed a counterclaim alleging Wells Fargo violated S.C. Code Ann. ยง 37-10-102 (the Attorney Preference Statute) and engaged in unconscionable conduct during the execution of his loan. Morgan argues the circuit court erred in dismissing his counterclaim and in rescinding its order granting his motion to reconsider the dismissal.

Wednesday, June 16, 2021
Court Room I
 10:40 a.m. (Time Limits: 15-15-5)  
2018-001833    Matthew J. Hayduck, Appellant, v. Emily Rudisill Hayduk, Respondent.

David Alan Wilson, of Wilson & Englebardt, LLC, of Greenville, for Appellant. Michael David Freeman, Sr., of Griffith Freeman & Liipfert, LLC, of Beaufort; and J. Falkner Wilkes, of Greenville, both for Respondent.

Matthew Hayduk (Husband) appeals the family court's order dismissing his action for divorce, arguing the family court erred by (1) concluding it lacked jurisdiction because Husband failed to establish he resided in South Carolina for at least one year prior filing for divorce and (2) awarding Emily Hayduk (Wife) attorney's fees and costs.

 11:20 a.m. (Time Limits: 15-15-5)  
2018-002060    The State, Respondent, v. Cedrict Hopkins, Appellant.

Joanna Katherine Delany, of Columbia, for Appellant. Matthew C. Buchanan, of Columbia, for Respondent.

Cedrict Hopkins appeals the circuit court's order revoking his probation. He argues the circuit court erred in revoking his probation because the probation violation citation was issued after his term of probation had expired.

Thursday, June 17, 2021
Court Room I
 10:40 a.m. (Time Limits: 15-15-5)  
2018-001488    The State, Respondent, v. Richard Passio, Jr., Appellant.

Elizabeth Anne Franklin-Best, of Elizabeth Franklin-Best, P.C., of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Caroline M. Scrantom, all of Columbia, for Respondent.

Richard Passio Jr. appeals his conviction for the murder of Michelle Passio and sentence of thirty years imprisonment. On appeal, Passio argues the trial court erred by denying his motion for a directed verdict and by admitting a Facebook picture because it was irrelevant and unduly prejudicial.

Cases to be Submitted Without Oral Argument
2018-002039    The State, Respondent, v. Filiciano Jermaine Smith, Appellant.

2019-001161    The State, Respondent, v. Carlos Anthony Dennison, Appellant.

2019-000646    Richard S. Kreischer, Jr., Petitioner, v. State of South Carolina, Respondent.

2020-000942    Jamison Holmes, Petitioner, v. State of South Carolina, Respondent.

2019-000665    The State, Respondent, v. Tristian Cummings, Appellant.

2018-002109    Joseph Michael Manners, Petitioner, v. State of South Carolina, Respondent.

2019-001072    The State, Respondent, v. Rasheem Kevin Thomas, Appellant.

2019-000165    The State, Respondent, v. Andre Tyrone Heatley, Jr., Appellant.

2020-000093    George N. Moses, Petitioner, v. State of South Carolina, Respondent.

2019-000704    The State, Respondent, v. Daniel Antwan Rogers, Appellant.

2019-001422    Robert D. McGuffin, Petitioner, v. State of South Carolina, Respondent.

2019-001217    The State, Respondent, v. Traivon Dayshad Young, Appellant.

2019-001385    The State, Respondent, v. Thomas Raynes Marett, Appellant.

2019-001251    Sandy Lynn Westmoreland, Petitioner, v. State of South Carolina, Respondent.

2018-002254    The State, Respondent, v. Joshua C. Reher, Appellant.

2018-000441    Darryl Jerrard Mungin, Petitioner, v. State of South Carolina, Respondent.

2019-000788    The State, Respondent, v. Carmie Josette Nelson, Appellant.

2018-001959    Jeffrey D. Cromer, Petitioner, v. State of South Carolina, Respondent.

2019-000620    South Carolina Department of Social Services, Appellant, v. Heidy Lacan Velasquez and Antonio Toc Perez, Respondents. In the Interest of Minors Under the Age of Eighteen.

2019-000355    The State,, Respondent, v. Ben Reed, IV, Appellant.

2019-000989    The State, Respondent, v. Glen Edward Waldrop, Appellant.

2018-001339    Saquawn Monte Lacy, Petitioner, v. State of South Carolina, Respondent.

2018-002164    The State, Respondent, v. Richez Markivious Bowser, Appellant.

2019-000622    The State, Respondent, v. Gabriel Joyner, Appellant.

2020-000495    Joanie Holcombe, Petitioner, v. State of South Carolina, Respondent.

2019-000740    Otis Maurice Robinson, Petitioner, v. State of South Carolina, Respondent.

2019-001407    The State, Respondent, v. Chauncey Antonio Wright, Appellant.

2019-000719    Carrington Mortgage Services, LLC, Respondent, v. Paul R. Watson, Appellant.

2019-000598    Marjorie Faye Rickenbaker and Steve L. Rickenbaker, Respondents, v. Schumacher Homes of South Carolina, Inc., Appellant.

2018-001538    Sherra L. Werkmeister, Petitioner, v. State of South Carolina, Respondent.

2020-000073    Johnny Ray Campbell, Petitioner, v. State of South Carolina, Respondent.