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January 2009 |
NEXT
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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.
Tuesday, January 6, 2009 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16465 Retail Properties, Inc., Respondent, v. Horne Properties, Inc., Appellant. Louis H. Lang and Ian D. McVey, of Columbia, for Appellant. James A. Blair, III, of Greenville, for Respondent. In the breach of contract action, Horne Properties, Inc. appeals from a $132,813 verdict in favor of Retail Properties, Inc. Horne asserts error in the trial court's determinatioin that the contract between the parties provided for a fee for service, and the resulting refusal of the court to charge the jury on the law of procuring cause in regard to entitlement to a commission.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16346 Bessie C. Pringle and Burdy Pringle, Appellants, v. SLR, Inc. of Summerton, d/b/a Knights Inn, Respondent. John Eagle Miles and Michael McKinney Jordan, of Sumter, for Appellants. Marvin E. McMillan, Jr., of Sumter, for Respondent. In this appeal from Clarendon County, Bessie and Burdy Pringle appeal the trial court’s grant of summary judgment in favor of SLR, Inc. (d/b/a Knights Inn). Bessie Pringle brought suit alleging negligence on the part of Knight’s Inn caused her injury when a chair in which she was sitting, allegedly collapsed suddenly and without warning. Burdy Pringle also brought suit for loss of consortium. The trial court granted summary judgment on both claims, concluding that the Pringles failed to offer evidence that the defendant had any knowledge that the chair was defective or dangerous, or that defendant was aware that the chair was only suitable for residential and not commercial use or that the use of residential and not commercial chairs was negligent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16327 The State, Respondent, v. Jarod Wayne Tapp, Appellant. Timothy Clay Kulp, of Charleston, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. In this appeal from Charleston County, the Appellant appeals his conviction on charges of murder, criminal sexual conduct in the first degree and first degree burglary. Appellant alleges error in: (1) the trial court’s failure to suppress DNA evidence recovered from the victim because the State could not establish whether the DNA was deposited/left in the victim during the time period in which the alleged crimes occurred; (2) in the trial court’s qualification of the State’s witness, Prodan, as an expert and admitting his testimony; (3) in the trial court’s failure to grant a mistrial based on the State’s failure to disclose allegedly exculpatory evidence; and (4) in failing to grant Appellant’s motion for directed verdict on all charges.
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2:00 p.m. | (Time Limits: 15-15-5) |
The following two cases will be heard jointly: | |
16487 Edward C. "Buddy" Cribb, III, Appellant, v. Dean Spatholt and Clark Callahan, in their individual capacities and Boundary House, Inc., Respondents. Henrietta U. Golding and Amanda A. Bailey, of Myrtle Beach, for Appellant. Arthur E. Justice, Jr., and Reginald W. Belcher, of Florence, for Respondents. Edward C. "Buddy" Cribb, III, appeals the circuit court's grant of Dean Spatholt, Clark Callahan, and Boundary House's Rule 12(b)(2), SCRCP motion to dismisss for lack of personal jurisdiction. Cribb maintains South Carolina has personal jurisdiction over the Defendants.
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16488 Edward C. Cribb, Appellant, v. Dean Spatholt and Clark Callahan, in their individual capacities, and Boundary House, Inc., Respondents. Henrietta U. Golding and Amanda A. Bailey, of Myrtle Beach, for Appellant. Arthur E. Justice, Jr., of Florence, for Respondents. Edward C. Cribb appeals the circuit court's grant of Dean Spatholt, Clark Callahan, and Boundary House's Rule 12(b)(2), SCRCP motion to dismiss for lack of personal jurisdiction. Cribb maintains South Carolina has personal jurisdiction over the Defendants.
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Wednesday, January 7, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16205 The State, Respondent, v. Vernon Leroy Lawton, Appellant. Chief Appellate Defender Joseph L. Savitz, III,and Assistant Appellate Defender Elizabeth Franklin-Best of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent. On appeal from convictions of first degree burglary, possession of a firearm during the commission of a violent crime, and possession of a pistol by a person convicted of a violent crime, appellant Vernon Lawton argues the trial court committed reversible error by: (1) allowing the State to cross examine him on the content of a letter which the State failed to disclose despite Lawton’s Rule 5, SCrimP motion; and (2) failing to define reasonable doubt in the jury charge.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16958 Peter L. Proctor, Appellant, v. Teresa Spires, Respondent. James Shadd, III, of Columbia, for Appellant. E. T. Moore, Jr., of Barnwell, for Respondent. Ariel Townsend Rosamond, of Orangeburg, for Guardian Ad Litem. In this expedited appeal, Peter Proctor appeals from the family court order terminating his parental rights for his willful failure to support Child.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16491 The State, Respondent, v. Johnny Rufus Belcher, Appellant. James E. Bryan, Jr., of Laurens, and C. Rauch Wise, of Greenwood, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent. Johnny Rufus Belcher appeals his convictions for murder and possession of a deadly weapon during the commission of a violent crime, arguing the trial court erred by (1) charging the jury they could infer malice from the use of a deadly weapon when Belcher maintained the shooting was in self-defense; (2) refusing to charge the jury with Belcher’s proposed charges; and (3) excluding evidence of the victim’s felony conviction.
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Thursday, January 8, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16102 The State, Respondent, v. Kevin Lamar Grant, Appellant. Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Melody J. Brown, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Kevin Lamar Grant appeals from his convictions for murder and using a firearm during the commission of a violent crime, arguing the trial court erred by (1) refusing to direct a verdict acquitting him of these charges and (2) allowing a statement into evidence he made while in the custody of investigating detectives.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16526 Jane Doe, a High School Student in Richland County School District Two, and Her Parent, Mary Doe, Respondents, v. Richland County School District Two, Appellant. Kenneth L. Childs, Vernie L. Williams, and Jasmine S. Rogers, of Columbia, for Appellant. Kimaka Nichols-Graham, of Greenville, for Respondents. Richland County School District Two appeals the circuit court's reversal of Jane Doe's expulsion from high school, contending the decision was not supported by substantial evidence, and Doe's due process rights were not violated.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16331 The State, Respondent, v. Jomer Hill, Appellant. Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Melody J. Brown, of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent. Hill argues a state’s witness in his murder trial was improperly allowed to selectively invoke the Fifth Amendment thereby precluding cross-examination regarding a prior incident in which the witness provided false information to the police. Furthermore, Hill contends the trial court erred in failing to charge that adverse inferences could be drawn from the witness’ invocation of the Fifth Amendment privilege. Hill also maintains the trial court erred in denying his motion for mistrial when, during closing arguments, the solicitor referenced the fact that nobody was “in here with [Hill].”
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Wednesday, January 21, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16493 AJG Holdings LLC, Stalvey Holdings LLC, David Croyle, Linda Croyle, Jean C. Abbott, Lynda T. Courtney, Sumter L. Langston, Dian Langston, Carl B. Singleton, Jr., Virginia M. Owens and Stoney Harrelson, Respondents, v. Levon Dunn, Pamela S. Dunn and Helen Sasser, Defendants, Of Whom Levon Dunn and Pamela S. Dunn are the Appellants. Stephen P. Groves, Sr., and Thomas S. Tisdale, Jr., of Charleston, for Appellants. Jack M. Scoville, Jr., of Georgetown, for Respondents. Levon and Pamela Dunn appeal from the trial court’s grant of a preliminary injunction against them, arguing the court erred by (1) failing to require AJG Holdings to meet all of the mandatory elements required for obtaining a preliminary injunction, (2) failing to require AJG Holdings to post a bond, and (3) basing its decision on deed restrictions that had been vacated when the injunction was imposed.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16480 Lishawn Moore, Appellant, v. South Carolina Department of Corrections, Employer and the State Accident Fund, Carrier, Respondents. Charles Edward Johnson, of Columbia, for Appellant. Andrew E. Haselden, of Columbia, for Respondents. The South Carolina Worker's Compensation Commission awarded benefits to Lishawn Moore for injuries Moore sustained in an automobile accident after she drove back to work to return an item taken home by mistake. The circuit court reversed this award, and Moore appeals.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16524 William Francis Ryan, Jr., Respondent, v. Lois Jean Ryan, Appellant. Candy M. Kern-Fuller, of Piedmont, for Appellant. Robert K. Whitney, of Seneca, for Respondent. In this action for separate support and maintenance, Lois Jean Ryan appeals the family court’s award of alimony, apportionment of marital property, and award of attorney’s fees.
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11:45 a.m. | (Time Limits: 10-10-5 ) |
The following two cases will be heard jointly: | |
16923 John and Jane Loe, Respondents, v. Twin Girl, a Minor Under the Age of Five Years, Jane Roe, John Roe and the Berkeley County Department of Social Services, Defendants, Of Whom Jane Roe is the Appellant. Rita J. Roache, of North Charleston, for Appellant. R. Glenn Lister, Jr., of Mt. Pleasant, for Respondents. Sally C. Dey, of Charleston, Guardian Ad Litem.
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16924 John and Jane Loe, Respondents, v. Twin Boy., a Minor Under the Age of Five Years, Jane Roe, John Roe, and the Berkeley County Department of Social Services, Defendants, Of Whom Jane Roe is the Appellant. Rita J. Roache, of North Charleston, for Appellant. R. Glenn Lister, Jr., for Respondents. Sally C. Dey, of Charleston, for Guardian Ad Litem
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Thursday, January 22, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16328 William M. Butler, Appellant, v. Lynn M. Butler, Respondent. Robert L. Widener, John O. McDougall, and Peter G. Currence, of Columbia, for Appellant. Victoria L. Eslinger and Regina Hollins Lewis, of Columbia, for Respondent. In this domestic action, William M. Butler appeals from an order of the family court reducing monthly alimony to Lynn M. Butler.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16967 South Carolina Department of Social Services, Respondent, v. Janice Cooper, Henry Murphy, Willie Bradley, George Thomas, Stanley Epps, John Doe, John Roe and John Joe, Defendants, Of Whom Janice Cooper and Stanley Epps are the Appellants. In the interests of: Minor Child (DOB 12/08/97), Minor Child (DOB 4/10/99), Minor Child (DOB 9/5/00), Minor Child (DOB 12/14/07), and Minor Child (DOB 6/23/04). Minors under the age of 18. Irma Pringle Brooks, of Sumter, for Appellant Janice Cooper. Charles Thomas Brooks, of Sumter, for Appellant Stanley Epps. Helen McFadden, of Kingstree, for Respondent. Cooper and Epps appeal the family court's order terminating their parental rights.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16315 MariChris, LLC, Respondent/Appellant, v. George Rodney Derrick, Bank of America, Inc., Defendants, of whom George Rodney Derrick is the Appellant/Respondent. Sean A. O'Connor, of Charleston, for Appellant-Respondent. R. Michael Barfield, of Charleston, for Respondent-Appellant. In this cross-appeal in a partition case, George Rodney Derrick challenges the master-in-equity's division of proceeds, allowance of credit for interest paid, and award of attorney's fees for both parties from the common fund. MariChris, LLC, appeals the award of attorney's fees to Derrick from the common fund.
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Tuesday, January 6, 2009 | |
Courtroom II
(Court convenes at 11:00
a.m.)
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16258 The State, Respondent, v. Dwayne S. McKenzie, Appellant. Robert M. Dudek, Deputy Chief Attorney for Capital Appeals, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Office of the Attorney General, of Columbia, and Special Assistant Attorney General Amie L. Clifford, of Columbia, and Solicitor Jay E. Hodge, Jr., of Cheraw, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16485 Wilma Brea Stiggers Smith, Respondent, v. Arthur L. Smith, Appellant. Thomas T. Hodges and David Alan Wilson, of Greenville, for Appellant. Linda Christine Hayes, of Greenville, and Andrew G. Goodson, of Fountain Inn, for Respondent.
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Wednesday, January 21, 2009 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16332 The State, Respondent, v. Berry Scott Bolin, Appellant. Leland B. Greeley, of Rock Hill, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, of Office of the Attorney General, of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16494 Jeffrey Harbit, Thomas L. Harbit, Plaintiffs, of whom Jeffrey Harbit is Appellant v. City of Charleston, City of Charleston Planning Department, Respondents. Thomas R. Goldstein,of Charleston, for Appellant. Timothy Alan Domin, of Charleston, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16326 Capital City Insurance Company, Appellant, v. BP Staff, Inc. and Clanton Phillips, III, Outlet Center, Respondents. Mark Aloysius Cullen, of West Palm Beach, FL, for Appellant. D. Randle Moody, of Greenville, for Respondents.
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Cases to be Submitted Without Oral Argument | |
16257 |
The State,Respondent, v. John Lewis Mills,Appellant.
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16275 |
In the Interest of Javon O., A juvenile under the age of seventeen, Appellant.
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16335 |
The State,Respondent, v. Montrell Brockington,Appellant.
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16337 |
The State,Respondent, v. Moses A. Frasier,Appellant.
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16338 |
The State,Respondent, v. Luzenski Allen Cottrell,Appellant.
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16360 |
The State,Respondent, v. Kerry Nolan Grant,Appellant.
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16361 |
The State,Respondent, v. ,Kia Hart,Appellant.
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16363 |
The State,Respondent, v. Charles Jackson,Appellant.
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16364 |
The State,Respondent, v. Marquez Tyree Dozier,Appellant.
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16377 |
The State,Respondent, v. ,Rosella Evans Smith,Appellant.
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16384 |
The State,Respondent, v. Todd Michael Sowell,Appellant.
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16408 |
The State,Respondent, v. Raymond D. Stegall,Appellant.
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16409 |
The State,Respondent, v. Phil Floyd Williams,Appellant.
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16433 |
The State,Respondent, v. Christopher Carl Dixon,Appellant.
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16436 |
The State,Respondent, v. Erica Michelle Collins,Appellant.
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16437 |
The State,Respondent, v. ,Michelle Lynn Williams,Appellant.
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16438 |
The State,Respondent, v. Stephen Ray Smith,Appellant.
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16439 |
The State,Respondent, v. Marcus T. Spencer,Appellant.
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16440 |
The State,Respondent, v. James Elliott Shytle, Jr.,Appellant.
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16441 |
The State,Respondent, v. ,Thomas Jerrod Jones,Appellant.
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16442 |
The State,Respondent, v. ,Johnny Andre Davis,Appellant.
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16443 |
The State,Respondent, v. ,Chukrallah A. Yaghi,Appellant.
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16445 |
The State,Respondent, v. James Jamal Williams,Appellant.
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16446 |
The State,Respondent, v. Daniel Fernanders,Appellant.
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16959 |
South Carolina Department of Social Services, Respondent, v. Frederick Downer, Sr., Melissa Downer, Defendants, Of Whom Melissa Downer is the Appellant. In The Interest Of: Minor Child (DOB: 10/31/91) Minor Child (DOB: 5/3/93) Minor Child (DOB: 3/15/95) Minor Child (DOB: 12/11/97) Minor Child (DOB: 3/11/89) Minor Child (DOB: 1/14/01) Minor Child (DOB: 3/15/02) Minors Under the Age of 18.
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16960 |
South Carolina Department of Social Services,Respondent, v. Baronica Simon and Kendall Covington, Defendants, Of Whom Kendall Covington is the Appellant.In the Interests of: Minor Child (DOB: 01/31/04), Minor Child (DOB: 07/25/06) Minors under the age of 18.
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16961 |
South Carolina Department of Social Services, Respondent, v. Melissa Angela Moore, Andy Moore, Defendants, Of whom Andy Moore is the Appellant.In the interests of: Austin M. (DOB: 2/11/99) A minor under the age of 18.
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16962 |
South Carolina Department of Social Services, Respondent, v. Andrea Lohr, John Watson and John Doe, In Re: Minor Child DOB: July 4, 2000, Minor Child DOB: October 16, 2003, Defendants, Of Whom Andrea Lohr and John Watson are Appellants.
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16963 |
Charleston County Department of Social Services, Respondent, v. Lavinya Shondell White, Franklin Green and Saleen F., a child, DOB: 8/25/05, Defendants, Of Whom Franklin Green is the Appellant.
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16964 |
John and Jane Doe, Respondents, v. South Carolina Department of Social Services; Kelly Mullinax; Jeffrey Littlejohn; and Minor Child, a minor under the age of seven (7) years, Defendants, Of Whom South Carolina Department of Social Services is Respondent and Jeffrey Littlejohn is Appellant. Department of Social Services, Respondent, v. Kelly Mullinax and Jeffrey Littlejohn, Defendants, Of Whom Jeffrey Littlejohn is the Appellant.In Re: Minor Child, (DOB: 7/31/2004).
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16965 |
South Carolina Department of Social Services, Respondent, v. Chasity Rogers, William James, Justo Ortega, John Doe(s) and Minor Child (DOB: 10/31/99), Minor Child (DOB: 11/9/03), and Minor Child (DOB: 9/10/06), Defendants, Of Whom Chasity Rogers is the Appellant.
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16966 |
South Carolina Department of Social Services, Respondent, v. Toni Self, Phillip Owings and John Doe, Defendants, Of Whom Toni Self is Appellant. In the Interests of: Minor Child, DOB: 9/16/06, A Minor Under the Age of 18.
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16087 |
Atlantic Coast Builders and Contractors, Respondent, v. Laura Lewis, Appellant.
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16101 |
Ernest Fleming, Appellant, v. Board of Commissioners for Florence County School District Three, Respondent.
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16119 |
The State,Respondent, v. Heyward Robinson,Appellant.
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16154 |
In the Interest of Dion M., a minor under the age of seventeen (17),Appellant.
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16155 |
The State,Respondent, v. Elliott M. Mitchell,Appellant.
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16161 |
The State,Respondent, v. James A. Bryant,Appellant.
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16182 |
The State,Respondent, v. Kendell Herring,Appellant.
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16183 |
The State,Respondent, v. Johnny Washington,Appellant.
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16184 |
The State,Respondent, v. Chico Jermaine Bell,Appellant.
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16185 |
The State,Respondent, v. Efrain Thomas,Appellant.
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16186 |
The State,Respondent, v. James O. Senn,Appellant.
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16187 |
The State,Respondent, v. Roger Johnson,Appellant.
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16188 |
The State,Respondent, v. Terrance T. Alston,Appellant.
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16198 |
The State,Respondent, v. Lewis Lloyd,Appellant.
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16223 |
The State,Respondent, v. Ferris Geiger Singley,Appellant.
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16226 |
The State,Respondent, v. James Allan Gunnells,Appellant.
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16227 |
In The Matter Of The Care And Treatment Of Eric Passmore, Appellant.
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16229 |
The State, Appellant, v. That Tran, Respondent.
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