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February 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, February 3, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16336 The State, Respondent, v. Hoss Hicks #2, Appellant. Appellate Defender Katherine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. John Benjamin Aplin, of Columbia, for Respondent. In this criminal case, we determine (a) whether the probation judge violated the separation of powers by revoking Hicks' probation based, at least in part, on Hicks' alleged violation of a non-judicially imposed condition, (b) whether the probation judge violated the Ex Post Facto Clause by revoking Hicks' probation based, at least in part, on Hicks' alleged violation of the "Standard Sex Offender Conditions," which were not in place at the time of sentencing, and (c) whether the probation judge erred in altering the sentencing judge's order by adding all of the "Standard Sex Offender Conditions?"
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16224 The State, Respondent, v. Michael D. Day, Appellant. Deputy Chief Counsel Wanda H. Carter, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent. Day appeals his conviction for criminal sexual conduct with a minor in the first degree contending the trial court erred in admitting a videotaped interview because the statements made therein constituted inadmissible hearsay. Day further argues the application of section 17-23-175 of the South Carolina Code violated the ex-post facto clause because the statute was enacted after the events that resulted in his conviction.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16615 The State, Respondent, v. Jhune Harris, Appellant. Appellate Defender Kathrine H. Hudgins, 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 J. Anthony Mabry, of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent. In this criminal case, we determine whether the trial court erred in refusing to charge the jury on the law of self defense and accident. We are also asked to determine if the trial court improperly refused to grant a mistrial.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16231 The State, Respondent, v. Herbert Bryant, Appellant. Appellate Defender Robert M. Pachak, 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, Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. Bryant appeals his convictions for criminal sexual conduct with a minor and lewd acts. He argues allowing videotaped interviews of children under section 17-23-175 of the South Carolina Code violated the ex-post facto clause because the statute was enacted after the events that resulted in his convictions.
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Wednesday, February 4, 2009 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16581 Aletha Jean Edwards, Respondent, v. Samuel Earle Edwards, Appellant. J. Falkner Wilkes, of Greenville, for Appellant. Robert L. Waldrep, Jr., of Anderson, for Respondent. In this domestic action, Samuel Edwards (Husband) appeals the family court’s order awarding Aletha Edwards (Wife) minimum wage income and permanent alimony. Additionally, Husband argues the family court erred in (1) finding his life estate relating to a produce stand was transmuted into marital property and (2) qualifying, and accepting the business valuation of, Wife’s expert witness.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16151 C. Steve Clardy and Michael S. Clardy, Respondents v. Jack Bodolosky and United Land-Magnolia, LLC, Appellants. Fred B. Newby and C. Leigh Andrew, of Myrtle Beach, for Appellants. David B. Miller and Robert S. Shelton, of Myrtle Beach, for Respondents. In this breach of contract action, Jack Bodolosky and United Land-Magnolia, LLC (Bodolosky) appeal the trial court’s judgment in favor of C. Steve Clardy and Michael S. Clardy. Bodolosky argues the trial court erred by ordering him to carry out the terms of his contract with the Clardys and deliver title of real property to them. Bodolosky maintains there was no “meeting of the minds” between the parties to warrant enforcement of the contract. Finally, Bodolosky contends the trial court erred in awarding attorney’s fees.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16228 The State, Appellant, v. Henry M. Anderson, Jr., Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, of Office of the Attorney General, of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Appellant. Henry Morris Anderson, Jr, of Florence, Respondent pro se. In this appeal from a pre-trial grant of dismissal, the State asserts the trial court erred in limiting the territorial jurisdiction and authority of a Francis Marion University State Constable to the university grounds and roads contiguous to the campus.
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Wednesday, February 18, 2009 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16650 Carl Stecker, Respondent, v. TALX Corporation, Appellant. Michael J. Giese, for Appellant. Larry Lee Plumblee and Curtis Warren Stodghill, of Greenville, for Respondent. TALX Corporation (TALX) appeals from the trial court’s grant of Carl Stecker’s motion for a preliminary injunction. TALX argues the trial court erred in (1) finding the parties’ agreement prohibited him from pursuing counterclaims after Stecker commenced arbitration, (2) failing to give binding effect to two decisions of an arbitration panel, and (3) finding Stecker’s declaratory judgment an action for damages or injunctive and other equitable relief within the meaning of the parties’ agreement.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16582 The State, Respondent, v. Charles Q. Jackson, 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 Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Office of the Attorney General, of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent. Charles Q. Jackson appeals his conviction and thirty-year sentence for voluntary manslaughter and possession of a weapon during the commission of a crime, arguing the circuit court erred in excluding evidence of his knowledge of the victim's violent history and in refusing to charge the jury on self-defense.
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3:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
16234 Carolina Renewal, Inc., Appellant, v. South Carolina Department of Transportation, Daniel Shealy, Steve Gwinn, Robert Burriss and David Figus, Defendants, Of Whom South Carolina Department of Transportation is the Respondent. Mark Weston Hardee, of Columbia, for Appellant. H. Ronald Stanley, of Columbia, for Respondent. Carolina Renewal, Inc. appeals the dismissal of its breach of contract action arguing the trial court erred in finding it was collaterally estopped from relitigating issues previously litigated in a slander action individually brought by its sole shareholder and officer. It contends the elements for collateral estoppel are not met because it was not a party to the previous action and this is a different cause of action.
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3:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
16500 The State, Appellant, v. Jimmy C. Pollard, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Appellant. Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The State appeals from the trial court's order suppressing drugs seized by the police, arguing the trial court erred by (1) finding the officer's knock on the door of the motel room violated the Fourth Amendment and (2) suppressing the drugs seized by the officer pursuant to a valid consent to search.
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Thursday, February 19, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16181 Wells Fargo Bank, N.A., Respondent v. Clyde B. Livingston; Technico Marketing & Distribution, Inc.; Citibank USA, N.A. f/k/a Citibank South Dakota, N.A.; Miller Communications, Inc.; Branch Banking and Trust Company of South Carolina; Orangeburg National Bank; American First Federal, Inc.; Defendants Of whom Clyde B. Livingston is the Appellant. Andrew Sims Radeker, of Columbia, for Appellant. John J. Hearn and Robert P. Wood, of Columbia, for Respondent. Stephen R. Suggs and Susan B. Berkowitz, of Columbia, for Amicus Curiae SC Appleseed Legal Justice Center. Appellant challenges the denial of his motion for relief from a default judgment of foreclosure under Rule 60(B), SCRCP. Appellant contends that the total amount of debt stated in the judgment was false because the attorney fee award was substantially higher than the actual fee that Respondent paid its attorneys. Appellant also argues that the Master-in-Equity erred in concluding that he was barred from Rule 60(B) relief due to his failure to appeal the default judgment.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16413 Larry Lee Fesmire, Jr. and Teresa M. Fesmire, Respondents, v. George B. Digh, Appellant. John Dwight Hudson, of Myrtle Beach, for Appellant. Allen Jeffcoat, of Myrtle Beach, Ezizze Davis Foxworth, of Loris, and James B. Richardson, Jr., of Columbia, for Respondents. Larry and Teresa Fesmire brought this action for specific performance of an alleged oral contract with George Digh and his deceased wife, Shelley Digh, for the Fesmires’ purchase of the Dighs’ interest in a condominium. George Digh challenges the Master’s order granting specific performance on several grounds, including the following: (1) the admission of redacted settlement letters into evidence violated Rule 408, SCRE; (2) the action was barred by the Statute of Frauds, S.C. Code Ann. § 32-3-10(4) (2007); and (3) Larry Fesmire’s testimony regarding his negotiations with Shelley Digh violated the Dead Man’s Statute, S.C. Code Ann. § 19-11-20 (1985).
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16481 Susan Lynn Posner, Respondent, v. Daniel A. Posner, Appellant. Richard C. Detwiler and Kathleen M. McDaniel, of Columbia, for Appellant. James T. McLaren and C. Dixon Lee, III, of Columbia, for Respondent. In this civil case, Husband appeals (a) the family court's ruling that the Marital Settlement Agreement between him and Wife gives her share of the Husband's Tax Deferred Savings Plan plus any growth or loss on the entire account, (b) the family court's ruling that Husband has not purged himself of contempt from a prior family court order, and (c) the family court's awarding Wife attorneys' fees and costs.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16483 Bob W. Young, Appellant, v. Carol Jennings Young, SCDSS, Anthony Roper, Pamela Durham, and Phyllis M. Roper, Defendants,of whom Carol Jennings Young is the Respondent. David A. Wilson, of Greenville, for Appellant. Robert Scott Dover, of Pickens, for Respondent. In this domestic matter, Husband asserts the family court abused its discretion in (1) approving and adopting the settlement agreement, (2) awarding an equal allocation of the marital property, and (3) awarding fractional interests in the parties' Miami property.
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Wednesday, February 4, 2009 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16540 The State, Respondent, v. Amaurys Columbie Fonseca, Appellant. Appellate Defender M. Celia Robinson, 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,and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16578 Glenda Barron, Appellant, v. Labor Finders of South Carolina, Respondent. A. Christopher Potts, of Charleston, for Appellant. Paul M. Platte and Katherine B. Barroll, of Columbia, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16460 Chad Wyman Mead, Claimant, v. Jessex, Inc. d/b/a Midlands Glass; Uninsured Employer Fund, Employers, Defendants, of whom Uninsured Employer Fund is the Appellant and Chad Wyman Mead is the Respondent. Robert Merrell Cook, II, of Batesburg-Leesville, for Appellant. Thomas Roy Young, Jr., of Aiken, and Ann McCrowey Mickle, of Rock Hill, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16134 James Padgett, Appellant, v. Colleton County, Respondent. Michael Davis Moore, of Ridgeville, for Appellant. J. Reaves McLeod, of Walterboro, for Respondent.
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Wednesday, February 18, 2009 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16345 Robert K. McCuen, Respondent v. BMW Manufacturing Corporation and Twin City Fire Insurance Company, Appellants. Samuel C. Weldon of Greenville, for Appellants. Kathryn Williams, of Greenville, for Respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16532 Roberta Cook Gibson, as Trustee and Personal Representative of the Estate of Georgia F. Mitchell, deceased, Respondent, v. Bank of America, N.A., Appellant. Thomas William McGee, III and Erik T. Norton, of Columbia, for Appellant. J. Boone Aiken, III, of Florence, and James B. Richardson, Jr., of Columbia, for Respondent.
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11:00 a.m. | (Time Limits: 10-10-5) |
16531 Robert Guinan, Appellant, v. Tenet Healthsystems of Hilton Head, Inc.; Hilton Head Healthsystems, P.A. d/b/a Hilton Head Regional Medical Center; Dr. H. Kohli; and Dr. Phillip Zitello, Respondents. James H. Moss, of Beaufort, and H. Woodrow Gooding, of Allendale, for Appellant. Joesph O. Brennan and Marvin W. McGahee, of Savannah, GA, for Respondent Dr. H. Kohli. Hutson S. Davis, Jr., of Hilton Head Island, and Andrew R. Lindemann, of Columbia, for Respondent Dr. Phillip Zitello. Lindsay K. Smith-Yancey and Daniel S. McQueeney, Jr., of Charleston, for Respondents Hilton Head Healthsystems, P.A. d/b/a Hilton Head Regional Medical Center and Tenet Healthsystems of Hilton Head Inc.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16529 The State, Respondent, v. Roy Otis Tennant, Appellant. E. Charles Grose, Jr, of Greenwood, Tara Schultz, of Rock Hill, 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 Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, for Respondent.
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3:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
16486 J. Rutledge Young, Jr., Appellant, v. South Carolina Department of Health and Environmental Control, Boyce and Carol Miller, Respondents. Stephen L. Brown and J. Rutledge Young, Jr., of Charleston, for Appellant. Elizabeth Applegate Dieck, of Charleston, Davis A. Whitfield-Cargile, of Charleston, and Carlisle Roberts, Jr., of Columbia for Respondent South Carolina Dept. of Health and Environmental Control. Cotton C. Harness, III, of Mt. Pleasant, for Respondents Boyce and Carol Miller.
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3:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
16333 The State, Respondent, v. Jennifer Bryant, Appellant. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. John Benjamin Aplin, of Columbia, for Respondent.
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4:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
16476 J. Kirkland Grant, Appellant, v. City of Folly Beach, Respondent. Melinda Adelle Lucka, of Mt. Pleasant, for Appellant. Otis Benjamin Peeples, Jr., and Phillip Ferderigos, of Charleston, for Respondent.
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Cases to be Submitted Without Oral Argument | |
16094 |
Roy Edward Hook, Respondent v. State of South Carolina, Petitioner
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16235 |
Ex Parte: Ronald N. Fleming and Rhonda B. Fleming, Appellants, In Re: W. Michael Bailey, Respondent, v. James R. "Rusty" Hollifield, d/b/a/ Renaissance Builders, Defendant.
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16236 |
Ruby Fernandez,Appellant, v. Brewer Foods, Inc.,Respondent.
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16238 |
Joseph Richard Ward,Respondent, v. The Pantry, Employer, and Liberty Mutual Ins. Co., Carrier,Appellants.
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16239 |
South Carolina Department of Motor Vehicles,Respondent, v. Linda R. Galloway,Appellant.
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16255 |
The State,Respondent, v. David Andres Ortiz Molina,Appellant.
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16329 |
Collins Burbage, Appellant, v. Angela Lynn Ramsey, Thomas M. Ramsey, Kate Elizabeth Benton, Delores M. Garrett, individually and as Personal Representative for the Estate of Arthur F. Burbage, AGSouth Farm Cedit, ACA, Beneficial Mortgage Co. of South Carolina and Palmetto Farm Credit ACA, Defendants,of Whom Angela Lynn Ramsey and Thomas M. Ramsey are the Respondents.
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16342 |
The State,Respondent, v. Ronald Cohens,Appellant.
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16347 |
Eddie Harrell #200988,Appellant, v. State of South Carolina,Respondent.
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16390 |
The State,Respondent, v. John E. Wilson, Jr.,Appellant.
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16391 |
The State,Respondent, v. Sharron Blasky Jarrell,Appellant.
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16401 |
The State,Respondent, v. Joshua Weatherford,Appellant.
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16414 |
Henri Ann Logan,Appellant, v. Wachovia Bank, N.A., Wachovia Corporation,Respondents.
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16418 |
The State,Respondent, v. ,Brian Sims,Appellant.
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16419 |
The State,Respondent, v. Kevin Reilly,Appellant.
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16420 |
The State,Respondent, v. Kevin J. Mercer,Appellant.
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16444 |
The State, Respondent, v. Vincent J. Beaton, Appellant.
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16447 |
The State,Respondent, v. Michael Harris,Appellant.
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16449 |
The State, Respondent, v. Joe Bruce Thigpen, Appellant.
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16451 |
The State,Respondent, v. Lynard L. Crocker,Appellant.
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16452 |
The State,Respondent, v. Eunice Davis McCall,Appellant.
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16453 |
The State, Respondent, v. Ronnie Russell Williams, Appellant.
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16454 |
The State, Respondent,v. Marty Craig McKinsey, Appellant,
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16458 |
Bernard Locklear,Appellant, v. Modern Continental South, Inc.,Respondent.
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16461 |
Jack Krauss,Appellant, v. Andrew Dupre,Respondent.
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16462 |
Waterford Place Homeowners Association of Lexington, Inc.,Respondent v. Richie D. Barnes,Appellant
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16466 |
Darrell G. Driggers, d/b/a Darrell's Auto & Truck Sales, Inc., and Darrell's Auto & Truck, Inc., Appellants, v. Professional Financial Services Corporation, William Woods, individually and d/b/a Woods Auto Racing, First Federal Savings & Loan Association, Marie Metts and Robert Chase, Defendants, Of Whom First Federal Savings & Loan Addociation is the Respondent.
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16474 |
The State,Respondent, v. Clarence A. Harrison, II,Appellant.
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16477 |
Jonathan David Green,Appellant v. Ray Nash, Dorchester County Sheriff,Respondent
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16478 |
Robert Franklin James,Appellant, v. Columbia Staffing, Employer and Liberty Mutual Ins. Co., Carrier,Respondents.
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16568 |
Camilla Kelly,Appellant, v. South Carolina Department of Social Services,Respondent.
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16527 |
Donald Reese Campbell, Respondent, v. Wendy L. Jordan a/k/a Wendy Jean Lynch Jordan; Mary Alice Richardson; Elizabeth L. Langley a/k/a Elizabeth Ann Lynch and Harvey R. Campbell, Defendants, Of whom Wendy L. Jordan a/k/a Wendy Jean Lynch Jordan and Elizabeth L. Langley a/k/a Elizabeth Ann Lynch are the Appellants.
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