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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, January 13, 2003 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
10912 Thomas Durrette Wooten, Jr., Plaintiff v. Mona Rae Howell Wooten, Defendant and Third-Party Plaintiff v. Pam Perry, Third-Party Defendant, of whom Thomas Durrette Wooten, Jr., is the Appellant, and Mona Rae Howell Wooten is the Respondent. C. Dixon Lee, II, and James T. McLaren, both of McLaren & Lee, of Columbia; and Lon H. Shull, of Mt. Pleasant, for appellant. Robert N. Rosen, of Rosen, Rosen & Hagood, of Charleston, for respondent. This family court case involves alleged error in regard to the following issues: (1) credit card debt; (2) adverse tax consequences in awarding the marital house; (3) amount of alimony; and (4) award of attorney’s fees and costs.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
10946 Jane Doe, Respondent v. Baby Boy Roe, a minor under the age of fourteen (14) years, South Carolina Department of Social Services, Eric Stern and Patsy Jordan, Defendants, of whom Patsy Jordan is Appellant. Thomas L. Bruce, of Greenville, for appellant. Robert D. Moseley, Jr., of Leatherwood, Walker, Todd & Mann, of Greenville, for respondent. In this case, the family court terminated mother’s parental rights after finding termination was in the child’s best interest and on the grounds of failure to support, failure to visit, failure to rehabilitate, abandonment, inability to parent due to a diagnosable condition, and the child’s stay in foster care for fifteen of the last twenty-two months. Mother appeals each ground and argues termination is not in the child’s best interest.
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Tuesday, January 14, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11148 The State, Respondent v. Raquib Abul Al-Amin, Appellant. Chief Attorney Daniel T. Stacey, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka; and Solicitor Warren Blair Giese, all of Columbia, for respondent. This criminal appeal alleges error in the trial judge’s denying appellant’s motion for directed verdict, admitting evidence of a prior armed robbery conviction to impeach, and evidence of third party guilt.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11163 The State, Respondent v. Julian P. Rogers, Appellant. Thomas F. McDow, of Rock Hill, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Thomas E. Pope, of York, for respondent. Rogers appeals his conviction for malicious injury to property stemming from an incident in which he used a forklift to remove a pickup truck that was deterring him from removing his equipment from a construction site. Rogers argues he did not have the requisite intent to commit the crime, that he should have been allowed to assert false arrest and false imprisonment as defenses, that his closing argument should not have been limited to twenty minutes, and that his submitted voir dire questions should have been used during the voir dire of the jury pool.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11228 The State, Respondent v. Pamela Grubbs, Appellant. Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Derrick K. McFarland, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for respondent. In this criminal action, Appellant was convicted of murder and appeals the trial court's: 1) exclusion of an expert's testimony regarding the battered woman's syndrome, and 2) refusal to instruct the jury on voluntary manslaughter.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11103 The State, Respondent v. Gary James Long, Jr., Appellant. Michael McKinney Jordan, of Sumter; and Michael P. O'Connell, of Charleston, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Cecil Kelley Jackson, of Sumter, for respondent. This criminal appeal contends the trial court erred in admitting into evidence blood tests performed by the hospital and SLED.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11100 The State, Respondent v. Nickie White, Appellant. Katherine Carruth Link, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson Assistant and Attorney General W. Rutledge Martin; and Solicitor Warren Blair Giese, all of Columbia, for respondent. White appeals his conviction for criminal sexual conduct and kidnapping, arguing the jury should have been allowed to consider finding him guilty of assault and battery of a high and aggravated nature and simple assault and battery because he claims they are lesser included offenses. White also argues the trial court erroneously admitted expert testimony on post-traumatic stress disorder and sexual abuse.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
10927 Diane Cannon Hardy and James Hardy, Appellants v. Shane Courtland Cannon Gunter, Tyler Cannon Gunter, minors; and John S. Gunter, Jr., Respondents. Raymond William Godwin, of Greenville, for appellants. Robert K. Whitney, of Seneca, for respondents. In this TPR case, error is alleged in regard to the following rulings by the family court judge: (1) failure to consider the statutory law applicable to TPR; (2) error in finding that Mother willfully failed to visit; (3) error in finding that Mother willfully failed to pay child support; (4) error in strictly construing the TPR statute; and (5) error in not considering the best interests of the minor children.
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Wednesday, January 15, 2003 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
10924 Jack Hurd, Respondent v. Williamsburg County and Williamsburg County Transit Authority, Appellants. Charles E. Carpenter, Jr., and S. Elizabeth Brosnan, both of Richardson, Plowden, Carpenter & Robinson, of Columbia; Stephen Paul Bucher; and Robin B. Lilley, both of Charleston, for appellants. Ronnie Alan Sabb, of Kingstree; Ladson Fishburne Howell, Jr.; and Richard G. Wern, both of N. Charleston, for respondent. This case involves the question of whether the trial court erred in failing to grant Defendant’s motion for a directed verdict and JNOV when Plaintiff failed to prove that Defendant breached a duty owed to Plaintiff or that any action by Defendant caused Plaintiff’s injuries.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
10919 In the Matter of the Care and Treatment of John Foley Kennedy, Appellant. Elizabeth Fielding Pringle, of Columbia, for appellant. Attorney General Charles M. Condon, Deputy Attorney General Treva Ashworth, Assistant Attorney General Deborah R.J. Shupe and Assistant Attorney General Steven G. Heckler, all of Columbia, for the State of South Carolina. Kennedy appeals the trial court’s determination that he is a sexually violent predator.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
10871 Kirk Rouse, Jr., Appellant v. Town of Bishopville, Respondent. Chalmers Carey Johnson, of Charleston, for appellant. George C. James, Jr., of Lee, Erter, Wilson, James, Holler & Smith, of Sumter, for respondent. In this wrongful termination case, the trial judge granted the Town of Bishopville’s motion for summary judgment. In his appeal, Rouse argues the trial judge should have recused himself from the case. Rouse also asserts that a genuine issue of material fact exists as to whether the Town complied with the provisions in its employee manual.
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Wednesday, January 15, 2003 | |
Courtroom II
(Court convenes at 2:45
p.m.)
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
10509 Carolina Travel Consultants, Inc., and Ray V. Damani, d/b/a Carolina Travel Consultants, Appellants v. Milliken & Company, Respondent. Michael B.T. Wilkes, Edward R. Cole, and D. Alan Lazenby, all of Ward Law Firm, of Spartanburg, for appellants. Henry L. Parr, Jr., and Troy A. Tessier, both of Wyche, Burgess, Freeman & Parham, of Greenville, for respondent.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
10868 Phillip W. White, individually, and Little General Food Stores, Inc., Respondents v. J. M. Brown Amusement Company, Inc., Appellant. V. Clark Price and Amy G. Richmond, both of Love, Thornton, Arnold & Thomason, of Greenville; and Wade S. Weatherford, III, of Gaffney, for appellant. Daniel L. Draisen, of Krause & Moorhead, of Anderson, for respondents.
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Thursday, January 16, 2003 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11253 The State, Respondent v. Alexander Santee Johnson, Appellant. Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
10914 Robert B. Russell, Jr., Individually and d/b/a Robert B. Russell & Associates, and Ruscon Construction Co., Inc., Appellants v. Richard H. Coen, Jack W. Theimer, Individually and d/b/a Jack Theimer and Associates; Gulf Stream Capital Associates, LLC, Charleston Harbor Partners LP, and Patriot's Point Development Project, Respondents. John P. Freeman, of Columbia; and Claron A. Robertson, III, and R. Patrick Flynn, both of Robertson & Hollingsworth, of Charleston, for appellants. W.H. Bundy, Jr., and Richard D. Bybee, both of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant; G. Trenholm Walker and Clayton B. McCullough, both of Pratt-Thomas, Epting & Walker, of Charleston; Jerry N. Theos and Arthur G. Howe, both of Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith, of Charleston; and J. Douglas Nunn, Jr., of Camden, for respondents.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
10205 The State, Respondent v. Patrick Jackson, Appellant. Chief Attorney Daniel T. Stacey, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Derrick K. McFarland, all of Columbia; and Solicitor Walter M. Bailey, Jr., of Summerville, for respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
10855 BB&T f/k/a United Carolina Bank, Respondent v. George Koutsogiannis, Appellant. Robert C. Wilson, Jr., of Greenville, for appellant. John William Ray, of Greenville, for respondent.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11175 The State, Respondent v. Wayne Drummond Gregory, Appellant. Deputy Chief Attorney Joseph L. Savitz, III, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for respondent.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
10898 James G. Callaway, Appellant v. Enterprise Computer Systems, Inc., and ChanneLinx.Com, Inc., f/k/a Enterprise Automation, Inc., Respondents. L. Gray Geddie, Jr., Phillip A. Kilgore and Michael M. Shetterly, all of Ogletree, Deakins, Nash, Smoak & Stewart, of Greenville, for appellant. Thomas L. Stephenson and William R. McKibbon, III, both of Nexsen, Pruet, Jacobs & Pollard; and J. Theodore Gentry, of Wyche, Burgess, Freeman & Parham, all of Greenville, for respondents.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
10896 Major Tim E. Stephenson; Corporal Quention Leonard Joyner; Lieutenant Moses Smalls; Captain John E. Decker; Corporal John E. Gombar; Corporal Michael J. Mann, of the Dorchester County Sheriff's Office; and all similarly situated deputies and Sheriff's Office employees, Plaintiffs, of whom Major Tim E. Stephenson; Corporal Quention Leonard Joyner; Lieutenant Moses Smalls; Captain John E. Decker; Corporal John E. Gombar; and Corporal Michael J. Mann are the Appellants v. Dorchester County; William Byrd; Willie Davis; Richard Brooks; William Hearn; Richard Rosebrock; Randy Scott; Kenneth Waggoner; members of the Dorchester County Council; Colin Martin, Dorchester County Administrator, Respondents. Sandra J. Senn; Warren V. Ganjehsani and Gerald M. Finkel, both of Finkel & Altman, all of Charleston, for appellants. John G. Frampton, of Summerville, for respondents.
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Cases to be Submitted Without Oral Argument | |
10795 |
Michael F. Dehoney, Appellant v. South Carolina Department of Corrections, Benjamin Montgomery, Henry Pridgen, Yvonne Blandshaw, Don Driscoll, Ms. Ivyl Hudson, Major Ann Hughes, Major John Brooks, Mrs. Kathy Jackson, Officer Parnell, Dir. Gary D. Maynard, Dennis Dunlop, Respondents.
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10864 |
Michael and Shirley Cornelius, Plaintiffs, of whom Michael Cornelius is Appellant v. School District One, Respondent
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10867 |
Teresa L. Pritcher, Respondent v. Roger Pritcher, Appellant.
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10870 |
Gail Wilkinson, Respondent v. David Jack Wilkinson and Paul Wilkinson, Appellants. In Re: Gail Wilkinson, Respondent v. David Jack Wilkinson, Appellant.
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10878 |
J. Gordon Edens, Appellant v. Marlboro County School District, Respondent.
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10880 |
Robin Marsh Dallis, Respondent v. W. Alex Dallis, Jr., and Robin Renken, Defendants, of whom W. Alex Dallis, Jr., is Appellant.
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10897 |
John R. Scott, Jr., Respondent v. Rebecca Scott, Appellant.
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10900 |
Case No: 1999-CP-26-1400 South Carolina Department of Transportation, Appellant v. Willie T. Hucks, Respondent. And Case No: 1999-CP-26-636 South Carolina Department of Transportation, Appellant v. Milton J. Clardy and Frances F. Clardy, Respondents.
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10913 |
James Lee Roddy, Appellant v. Frances L. Cleveland, Respondent.
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10916 |
Dale Owens and Eddie Harmon, d/b/a UBHC, Appellants v. Anthony Pierre Downs, Sr., Regina Downs and Branch Banking and Trust Company of South Carolina, Defendants, of whom Anthony Pierre Downs and Regina Downs are Respondents.
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10918 |
Wanda Bessent, Respondent v. Larry Bessent, Appellant.
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10943 |
Henry K. Purdy, III, Appellant v. Catherine A. Purdy, Respondent.
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10944 |
Angel Danielle Bridges, Appellant v. Tammy Vincent, Respondent.
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10945 |
Domenic J. DeMichele, Respondent v. Linda Sue Burke DeMichele, Appellant.
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10949 |
South Carolina Department of Social Services, Respondent v. Russell A. Miller, Appellant.
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10973 |
Joyce Miller, Respondent v. Johnny Miller, individually and as Guardian for Jacquia Miller and Juenville Miller, and LaKischia Miller, Appellant. (4)
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11020 |
Joyce A. Miller, Respondent v. Johnny E. Miller, individually and as guardian for Jacquia Miller and Juenville Miller, and LaKischia Miller, Appellant. (3)
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11151 |
The State, Respondent v. Tony Bobb, Appellant.
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11152 |
The State, Respondent v. Michael Frierson, Appellant.
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11165 |
The State, Respondent v. James Maurice Lawton, Appellant.
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11166 |
The State, Respondent v. Jo Pradubsri, Appellant.
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11178 |
The State, Respondent v. Roshell Frierson, Appellant.
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11186 |
Joyce Miller, Respondent v. Johnny Miller, individually and as Guardian for Jacquia Miller and Juenville Miller, and Lakischia Miller, Appellant. (5)
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11216 |
Ex Parte: Ned Polk, Jr., and York County Bail Agent, Appellants. In Re: State of South Carolina, Respondent v. Henry Zbigniew Bartinicki, Defendant.
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11227 |
The State, Respondent v. Fredward T. Clark, Appellant.
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11231 |
The State, Respondent v. Israel Wilds, Appellant.
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11270 |
The State, Respondent v. Douglas Jackson, Appellant.
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11284 |
The State, Respondent v. Cortreal Swinton, Appellant.
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