Supreme Court Seal
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, February 7, 2005
Courtroom I
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12995   Paul Keller, Appellant v. RDLPW, Inc. and Leon Galloway, Respondents, v. Robert Harrell, Third-Party Defendant.

William R. McKibbon, III, and John D. Watts, of Greenville, for Appellant. James Howarth Ritchie, Jr., and Scott F. Talley, of Spartanburg, for Respondents.

Plaintiff, Paul Keller, appeals from the grant of a directed verdict concerning his several causes of action emanating from the failure of respondents to transfer corporate stock to him, and the corporation's failure to pay him for services rendered by him to the corporation. He claims the trial court erred in granting the directed verdict because the facts were controverted and, moreover, the court excluded admissible evidence.

Tuesday, February 8, 2005
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13223   Margaret R. Hiott, Appellant v. Gerald W. Kelly and Elizabeth R. Kelly, Respondents.

Sherwood M. Cleveland, of Columbia, for Appellant. Jack M. Scoville, Jr., of Georgetown, for Respondents.

Margaret R. Hiott appeals from the master-in-equity's decision in which the master held Gerald and Elizabeth Kelly did not breach the Agreement of Sale and Purchase of Hiott's house becuase Hiott failed to deliver marketable title to the property.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13215   The State, Respondent v. Derrin Delesline, Appellant.

Jack B. Swerling, 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 Norman Mark Rapoport, of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

Derrin Delesline appeals his convictions for distribution of crack cocaine and distribution of crack cocaine in proximity of a school. He argues the trial judge lacked subject matter jurisdiction because the indictments failed to allege the requisite mental state of knowledge. He also argues the trial court erred in admitting a tape recording of the drug transaction.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13291   In the Interest Of: S., Damion, A Juvenile under the Age of Seventeen, Appellant.

Assistant Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R. J. Shupe, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

Questions whether the allegations of a juvenile petition were sufficient to vest the family court with subject matter jurisdiction to accept guilty pleas.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
13164   Lana Dinkins and Oree Dinkins, Appellants v. Kennecott Ridgeway Mining Company, Inc., Kennecott Holding Corporation, and Winnsboro Petroleum Company, Inc., Defendants, Of Whom, Winnsboro Petroleum Company, Inc. is, Respondent.

Donald E. Jonas, of Columbia, for Appellants. W. Thomas Lavender, Jr. and Leon C. Harmon, of Columbia, for Respondent.

Lana and Oree Dinkins brought this action asserting negligence, negligence per se, assault and battery, and loss of consortium as a result of Lana Dinkins's ingestion of groundwater allegedlly contaminated by leakage from underground storage tanks. The trial court granted Winnsboro Petroleum's motion for summary judgment on all claims, and the Dinkins appeal arguing the court erred in finding, among other things, that Winnsboro Petroleum had no duty to the Dinkins and that the statute of limitations had run.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
13297   Ex parte: South Carolina Department of Probation, Parole and Pardon Services, In Re: The State, Appellant v. Elijah Byrd, Respondent.

John Benjamin Aplin, of Columbia, for Appellant. Assistant Appellate Defender Tara S. Taggart, of Columbia, for Respondent.

Elijah Byrd pled guilty to felony DUI causing great bodily injury and was sentenced to fifteen years, suspended upon service of time served and five years probation. As a special condition of probation, Byrd was ordered to pay restitution to the attorneys of the victims. The Department of Probation, Parole, and Pardon appeals challenging the court's authority to (1) order restitution payments to anyone other than the Department and (2) waive the statutory twenty percent collection fee.

 2:45 p.m.           An additional time limit of 5-5-5 is added for the cross-appeal. (Time Limits: 10 - 10 - 5)  
13185   Christopher Longshore, Appellant/Respondent v. Saber Security Services, Inc., and Named Individual Marc A. Shafer, Defendants, Of Whom Saber Security Services, Inc., is, Respondent/Appellant, and Named Individual Marc A. Shafer is, Respondent.

Karl Bryant Allen, of Greenville, and Max Thomas Hyde, Jr., of Spartanburg, for Appellant-Respondent. R. Hawthorne Barrett, of Columbia, for Respondent-Appellant.

Asks if the trial court erred in applying the finding of comparative negligence of the plaintiff in one cause of action to a jury verdict in a separate cause of action, and in declining to rule favorably on other post-trial motions.

 3:30 p.m. (Time Limits: 10-10-5 )  
13267   Walter Weimer, Respondent v. Ray Jones a/k/a Raymond Jones, Appellant.

Michael S. Seekings, of Charleston, for Appellant. Armand Derfner, Samuel H. Altman, and D. Peters Wilborn, Jr., of Charleston, for Respondent.

In this appeal from an arbitrator's award on a claim of unjust enrichment, the question is whether the claim is barred by the statute of limitations.

Wednesday, February 9, 2005
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12794   James T. Cowburn, Appellant v. Andrew P. Leventis, Jr. and Fidelity National Bank, Respondents.

Joe Mooneyham, of Greenville, for Appellant. John L. B. Kehl and Mason A. Goldsmith, of Greenville; James Timothy White, and P. Jay Pontrelli, of Atlanta, GA, for Respondent Fidelity National Bank. Donald R. Moorhead, of Greenville, for Respondent Andrew P. Leventis.

Cowburn filed suit against Leventis and Fidelity National Bank alleging various causes of action, including fraud, breach of fiduciary duty, negligence, unfair trade practices, and violation of South Carolina securities laws. These allegations arise from the "Cash 4 Title" pyramid operation in which Leventis solicited funds from investors, including Cowburn, and assisted investors in opening self-directed individual retirement accounts with Fidelity National Bank to facilitate the transfer of investment funds to Cash 4 Title entities. The trial judge granted summary judgment on all causes of action in favor of Leventis and Fidelity National Bank.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12949   Gary L. Crotts, Respondent v. Sandra Crotts, Appellant.

Kenneth C. Porter, of Greenville, for Appellant. Kathryn Walsh Gooch, of Simpsonville, for Respondent.

Sandra Crotts (Wife) appeals the family court's decision to grant Gary L. Crotts (Husband) a divorce on the ground of adultery. She also argues the court erred when it found her claim for alimony barred, effected an improper equitable distribution of the marital estate, failed to award attorney fees, admitted Husband's private investigator's report into evidence, and excluded the testimony of her physician.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12900   Albert Clay, Respondent v. Debbie Holmes Strother, Appellant.

H. Fred Kuhn, Jr., of Beaufort, for Appellant. James Arthur Brown, Jr., of Beaufort, for Respondent.

Debbie Holmes Strother appeals from a verdict in favor of Albert Clay on a claim for malicious prosecution. Strother contends the trial court erred in (1) denying her motions for a directed verdict or a JNOV, and (2) denying her request to cross-examine Clay regarding a prior offense.

Tuesday, February 8, 2005
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13209   The State, Respondent v. Matthew Medeiros, Appellant.

Michael Dennis McMullen and David I. Bruck, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R. J. Shupe, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

Medeiros appeals his conviction for possession of marijuana with intent to distribute, arguing his affirmative answer to the police question "Have you ever sold baggies of marijuana?" was prejudically admitted at trial in violation of State v. Lyle, 125 S.C. 406, 119 S.E. 803 (1923) and Rule 404(b), SCRE.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13133   The State, Respondent v. Landrecus Orlando Cowan, Appellant.

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General S. Creighton Waters, of Columbia, and Solicitor Druanne Dykes White, of Anderson, for Respondent.

Cowan appeals from his conviction for murder and possession of a weapon asserting the trial judge erred in permitting the State to cross-examine him about who he thought was the "real shooter," arguing it was impermissible burden shifting. Cowan also argues the judge erred in permitting hearsay testimony by an officer regarding statements from eyewitnesses.

Wednesday, February 9, 2005
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13216   The State, Respondent v. Russell Carl Carlson, Appellant.

Gene McCain Connell, Jr., of Surfside Beach, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David A. Spencer, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.

In this criminal appeal, the appellant alleges the trial court erred in: (1) not following the appropriate procedure in allowing the victim to identify the defendant in court; (2) allowing the enlarged photo of Richard Carlson to be admitted into evidence; (3) not re-reading all testimony of the victim as requested by the jury; (4) improperly communicating with jurors while deliberations were ongoing; (5) allowing the solicitor's office to engage in an improper closing argument; (6) failing to find a Brady v. Maryland violation; (7) allowing cross-examination of Heather Wilson through a written statement; and (8) telling appellant Carlson any criminal conviction would be admissible if he took the stand.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13168   Katharine Smith and Margaret Rittenbury, Individually and on behalf of all similarly situated co-owners of the Dockside Horizontal Property Regime, Appellants v. Dockside Association, Inc., a non-profit corporation; and Douglas Berlinsky, Wilbur Burbage, II, Francis G. Cain, Jr., Lydia P. Davidson, William B. Ellison, Grant D. Small, James F. Spann and Johnathan L. Yates, Respondents.

Paul A. Dominick and Christopher A. Ogiba, of Charleston, for Appellants. John S. Wilkerson, III, and R. Hawthorne Barrett, of Columbia, for Respondents.

Individual homeowners within the Dockside Horizontal Property Regime brought an action against the Dockside Association and individual past directors for negligence and gross negligence for the failure to maintain, upkeep, and repair Dockside Structures and the failure to sufficiently manage the financial affairs of the regime. The homeowners appeal the circuit court's grant of summary judgment to the individual directors and the grant of summary judgment to the Association upon reconsideration, arguing: (1) the court misinterpreted the South Carolina Nonprofit Corporations Act; (2) the business judgment rule does not apply to associations; and (3) summary judgment was improper because the homeowners did not have a full and fair opportunity to complete discovery.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13144   James W. Smiley, Appellant v. S.C. Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management and Wild Dunes Community Association, Respondents.

James S. Chandler, Jr., and Amy Elizabeth Armstrong, of Pawleys Island, for Appellant. Leslie West Stidham, of Charleston, for Respondent SCDHEC/OCRM. Kenneth Krawcheck, of Charleston, for Respondent Wild Dunes Community Association.

Smiley appeals from a circuit court order affirming an Administrative Law Judge's order that found Smiley lacked standing to contest a permit that authorizes the excavation and transport of sand on the Isle of Palms.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
13222   Johnny McMillan, Jimmie Griner and Hughsie Trowell, Respondents v. South Carolina Department of Agriculture, Appellant.

Andrew F. Lindemann and William H. Davidson, II, of Columbia, for Appellant. John E. Parker and Ronnie L. Crosby, of Hampton, for Respondents.

The Department of Agriculture appeals the special referee's award of damages to respondents from the Warehouse Receipts Guaranty Fund, arguing: (1) the matter should have proceeded pursuant to the Administrative Procedures Act; (2) the matter was an appeal from an administrative decision; (3) the respondents failed to prove a loss; (4) the referee misapplied the law concerning the fund; (5) the referee erred in awarding prejudgment interest; and (6) the referee erred in awarding attorney's fees.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
13220   Liberty Mutual Insurance Company, Appellant v. South Carolina Second Injury Fund, Respondent. In Re: Timothy Paul Williams, Employee, v. Tate Metalworks/Liberty Mutual Insurance Company, Employer/Carrier.

Pope D. Johnson, III, of Columbia, for Appellant. Robert M. Cook, II, of Batesberg-Leeseville, and Terry Michael Mauldin, of Columbia, for Respondent.

In this Worker's Compensation case, the Appellant contends the circuit court erred in holding that the Appellant insurance carrier was not entitled to reimbursement from the Second Injury Fund for compensation payments made by the Appellant insurance carrier for the total loss of the claimant's right leg.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  

The following two cases will be heard jointly:

13136   The State, Respondent v. Lucius Staten, Appellant.

Assistant Appellate Defender Robert M. Dudek, 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 S. Creighton Waters, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

In this criminal appeal, the appellate entity analyzes and considers the efficacy of Crawford v. Washington as juxtaposed to an excited utterance statement. Additionally, the appellant challenges the refusal of the circuit court judge to instruct the jury on mere association and mere suspicion. Finally, the appellant contends the trial judge erred in refusing to allow a witness to testify that a third party confessed to her that he shot the decedent.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
13137   The State, Respondent v. Dushun Staten, Appellant.

Assistant Appellate Defender Robert M. Dudek, 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 S. Creighton Waters, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

In this criminal appeal, the appellate entity analyzes and considers the efficacy of Crawford v. Washington as juxtaposed to an excited utterance statement. Additionally, the appellant challenges the refusal of the circuit court judge to instruct the jury on mere association and mere suspicion. Finally, the appellant contends the trial judge erred in refusing to allow a witness to testify that a third party confessed to her that he shot the decedent.

Cases to be Submitted Without Oral Argument
12381    The State, Respondent v. Antrea Labert Bellamy, Appellant.

13118    General Heating and Air Conditioning Co. of Greenville, Inc., Respondent v. SMD Construction, LLC, and Robert L. Scroggs, Jr., Appellants.

13121    Sandra Shelly, f/k/a Sandra Shelly Foxworth, Respondent v. Carolina Air Services, Inc., E.M. Lemmond, Jr., and David Dolber, Defendants, of whom E.M. Lemmond, Jr., and David Dolber are Appellants.

13132    The State, Respondent v. Dontriel Marquis Abrams, Appellant.

13142    Elaine W. McCallum, Appellant v. Beaufort County School District, Self-Insured Employer, through the South Carolina Boards Insurance Trust, Respondent.

13153    The State, Respondent v. Darnell Alston, Appellant.

13161    Samuel K. Peoples, Respondent v. Henry Company and Zurich American Insurance Co., Appellants

13162    Cassandra Robinson, Respondent v. Alvin Robinson, Appellant.

13163    Lewis Gromyko Walker, Personal representative of the Estate of George Walker, Deceased, Respondent v. Ellen W. Lindsey; Carol T. Jenkins a/k/a Carol T. Scotland; The Provident Bank; CIT Financial; and Connestee Falls Property Owner's Association, Inc, Defendants, of whom Ellen W. Lindsey is the, Appellant and Carol R. Jenkins, a/k/a Carol T. Scotland, The Provident Bank and CIT Financial are, Respondents.

13166    John May, Appellant v. Nancy Hopson, Respondent.

13167    Gary P. Tench, as Conservator for Jason Shawn Tench, and individually, Appellant v. The South Carolina Department of Education, Respondent.

13170    United of Omaha Life Insurance Company, Respondent v. Elaine Helms and Linda R. Cowart, Defendants, Of Whom Elaine Helms is Respondent and Linda R. Cowart is the Appellant.

13171    Sammy L. Backman, individually and as Administrator of the Estate of Antwon D. Chavis, a minor child and as Father and Next of Kin, Appellant v. Medical University of South Carolina, Respondent.

13172    Don L. Bundrick and Ann R. Bundrick, Appellants v. East Richland County Public Service District, Respondent.

13173    Dariell Cooper, Respondent v. Permanent General Assurance Corporation, Appellant.

13174    James Byrd, Respondent v. Delores B. Byrd, Appellant.

13175    John Youngblood, Appellant v. QualServe Corporation f/k/a Food Service Holdings, Inc., Respondent.

13176    Jimmy Randell Anderson, Respondent v. Jennifer Gwaltney Pratt, Appellant.

13178    South Carolina Department of Social Services, Respondent, v. Theodora Drumming, Walter Drumming, and John Doe, AND Betsy Cornelia Drumming DOB: 04/25/93 Brittany Nicole Drumming DOB: 12/26/94 Stephanie Nicole Drumming DOB: 12/26/94 Latrese Dominique Drumming DOB: 02/29/96, Defendants, of whom Theodora Drumming is Appellant.

13183    Brenda L. Wooldridge, Appellant v. Greenwood Mills, Inc., Respondent.

13184    Steele Robinson, Respondent v. George Hassiotis, Appellant.

13186    Suzannah Force Long, Respondent v. James Neel Long, Appellant.

13187    Robbie Milton, Respondent v. Glen F. Strickland, MD, James D. Givens, MD, and Southern Surgical Group, LLC, Appellants.

13189    The State, Respondent v. Derrick L. Brice, Appellant.

13192    The State, Respondent v. Emmet Tyrone Kelley, Appellant.

13193    The State, Respondent v. Lonnie C. Kirby, Appellant.

13194    The State, Respondent v. Jerry Lewis Canty, Appellant.

13195    The State, Respondent v. James E. Johnson, Appellant.

13196    The State, Respondent v. Larry Hunter, Jr., Appellant.

13197    The State, Respondent v. Amen L. Hilliard, Appellant.

13198    The State, Respondent v. Jimmy H. Causey #1, Appellant.

13199    The State, Respondent v. Timothy Jones, Appellant.

13200    The State, Respondent v. Joesherbert Thompson, Appellant.

13201    The State, Respondent v. Alonzo Richardson, Appellant.

13204    The State, Respondent v. Chad Odell Leonard, Appellant.

13205    The State, Respondent v. Garry Eugene Mitchell, Appellant.

13206    The State of South Carolina, Respondent v. Brandy Lynn Kline Pickelsimer, Appellant.

13207    The State, Respondent v. William Taylor Lambert, Appellant.

13208    The State, Respondent v. Markei Robinson, Appellant.

13210    The State, Respondent v. Demar Moore, Appellant.

13211    The State, Respondent v. Sharon Richey, Appellant.

13212    The State, Respondent v. John E. Stone, Appellant.

13213    The State, Respondent v. Tyrone Shumpert, Appellant.

13214    The State of South Carolina, Respondent v. Marc Pimsler, Appellant.

13217    The State, Respondent v. Timothy Darrell Davis, Appellant.

13218    The State, Respondent v. Freddie Lee Glover, Appellant.

13219    The State, Respondent v. William David Dove, Appellant.

13225    Heyward Williams, Appellant v. State of South Carolina, Respondent.

13226    Kimberly Patterson, Appellant v. Yancy Patterson, Respondent.

13230    James Bruce Saxon, Jr., Appellant v. Curtis Stokes, M.D., Respondent.

13231    Julius Stokes, Appellant v. State of South Carolina, Respondent.

13232    Greg S. Baker, Respondent v. Williams Roofing and Construction, Appellant.

13238    The State, Respondent v. Larry D. Herring, Appellant.

13240    The State, Respondent v. Thomas Edward Brown, Appellant.

13258    City of Columbia, Respondent, v. Marie Therese Assaad- Faltas, Appellant.

13266    The State, Respondent v. Esau Davis, Appellant.

13273    Debra M. Knight, Respondent v. Jack Knight, Jr., Appellant.

13292    The State, Respondent v. Melissa Passmore, Appellant.

13293    The State, Respondent v. Bobby Joe Reeves, Appellant.

13303    Reginald A. McLemore, Appellant v. Mary Dreher, Respondent.

13304    The International Order of Foresters, Plaintiffs v. Louise Johnson, Carrie B. Johnson, and Cecil Yonce, Jr., Defendants, of whom Carrie B. Johnson is, Appellant, and Cecil Yonce, Jr., is, Respondent.

13317    Debra Clinton, Appellant v. West American Insurance Company, a member of the Ohio Casualty Group, and Palmetto Insurance Assoc., Inc., Defendants, of whom West American Insurance Company is Respondent.