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February 2012 |
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 7, 2012 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
19363 James and Diane Youngblood, Respondents/Appellants, v. South Carolina Department of Social Services, Defendant, v. Jane and John Doe, Intervenors, of whom South Carolina Department of Social Services is the Respondent, and John and Jane Doe are the Appellants/Respondents. Vanessa Hartman Kormylo, of Greenville, for Appellants/Respondents. Sarah Ganss Drawdy, of Anderson, for Respondents/Appellants. Patti Austin Brady, of Pickens, for Respondent South Carolina Department of Social Services. Steven Luther Alexander, of Pickens, for Guardian ad Litem.
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Monday, February 13, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18467 The State, Respondent, v. Adrian Eaglin, Appellant. Appellate Defender Katherine Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, for Respondent. A jury found Adrian Eaglin guilty of two counts of assaulting a correctional officer. Eaglin appeals the circuit court's order that the sentences be served consecutively under section 16-3-630 of the South Carolina Code (2003).
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18708 Judy M. Joye, Appellant, v. Better Brands, Inc. & Worsley Companies, Defendants, Of Whom Worsley Companies is the Respondent. Charles D. Barr, of Kingstree, for Appellant. Weston Adams, III, and Helen F. Hiser, of Columbia, for Respondent. M. McMullen Taylor, of Columbia, for Better Brands, Inc. Judy M. Joye appeals the grant of summary judgment to Worsley Companies on her negligence claim.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18795 Judy B. South, Respondent, v. Brian L. South, Appellant. Robert L. Jackson, of Columbia, for Appellant. Alice D. Potter, of Columbia, for Respondent. Brian L. South appeals the family court's order finding him in civil contempt, arguing the family court violated his due process rights by finding him in contempt without adequate notice of the amount of child support arrearages in dispute.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18927 The State, Respondent, v. Kevin Shane Epting, Appellant. Appellate Defender LaNelle Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General William M. Blitch, of Office of the Attorney General, of Columbia, for Respondent. Kevin Shane Epting appeals from his convictions of burglary, first degree, and assault and battery of a high and aggravated nature (ABHAN), arguing the trial court erred in not allowing: (1) Epting to introduce evidence of third party guilt that the victim's son was the perpetrator, and (2) defense counsel to cross examine the victim on the 911 call she made regarding her son two months prior to the incident when her testimony that she recognized the officer from the previous incident opened the door to the questioning.
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Tuesday, February 14, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18876 Louis Brown, Appellant, v. Peter O. Lawson-Johnston, Morgan Guaranty Trust Company of New York, as Trustee of the Trust Created by Article Ninth of the Will of Harry F. Guggenheim, deceased, Berkeley County Forfeited Land Commission, Berkeley County Clerk Of Court, As A Member Of The Berkeley County Forfeited Land Commission, Berkeley County Treasurer's Office, Body Politic And As A Member of The Berkeley County Forfeited Land Commission, Berkeley County Auditor's Office, As A Member Of The Berkeley County Forfeited Land Commission, Berkeley County Assessor's Office, Berkeley County Tax Collector's Office, Berkeley County Register Mesne Conveyance Office, Berkeley County Administrative Services/Records Management Office, Berkeley County Real Property Services Office, Berkeley County Sheriff's Office, Estate of James Fordham, Estate of Ben Gadson, Estate of Joseph Dixon, Estate of George H. Avinger,a/k/a Estate of George Avinger, a/k/a Estate Of G.H. Avinger, Sr., Estate Of Edwardine Avinger a/k/a Estate Of Edwardine Wells Avinger, Linda Ann Avinger a/k/a Linda Ann Avinger Gibson, Estate of Pearl Smalls a/k/a Estate of Pearlie Smalls a/k/a Estate of Pearle M. Leland, Laura Leland, Estate of Elias Francis Barnes, Matial Williams, Emily Barnes Coles, Estate of Price Dixon, Estate of John Dixon, Estate of Tilla Dixon, Estate of Julia Watson, Estate of Margaret Rosalie Smith, Estate of Lila Watson, Estate of Emma Dixon, Geneva Dixon, Estate of William Dixon, Mary Dixon a/k/a Mary D. Rivers, Julia Dixon a/k/a Julia D. Lockwood, Estate of Jeffrey Dixon, Henrietta Dixon, Rosemarie B. Gregory a/k/a Rosemarie B. West a/k/a Rosemarie B. Dixon West a/k/a Rose Marie B. Dixon West, Cainhoy Investments, LLC a/k/a Cainhoy Investments Properties, LLC, Charles L. Moore, Wachovia Bank, National Association, Estate of George Edward Smith, Toyka Nicole Smith, Henry Vander Smith, Jr., H. Smith Owens, Jerome Smith, Colin Simard Smith a/k/a Colin Sammard Smith, Estate of Wallie Venning a/k/a Wallie E. Venning, Earl Venning, Eliza Wright, Benjamin Venning, Isaiah Venning a/k/a Isaih Venning, Estate Of Fortune Mills, Estate of Hannah Mills Mack, Rebecca Mills, Eliza Mack, Estate of Clarence Mack, Lillian Mack Vanderhorst, Estate of Mazalee Mack, Elias Mack, Susie Mack, Lillie Bell Manigault, Joseph Mack, Julian Smith, Estate of Walter Lemon, Rosa Lemon, Rose Green, Gussie Bryan, Lizzie Bryan, Estate of Peter Lincoln, Harold Lincoln, Estate of Sam Binyard a/k/a Estate of Sam Benyard, Estate of Louise Binyard, Estate of Alonzo Bennet a/k/a Alonzo Binyard, Leola Bennett a/k/a Leola Perrino, Marie Bennett a/k/a Marie Hansworth, Estate of Anna Slaughter Binyard a/k/a Anna Binyard a/k/a Anna Lee Binyard Slaughter, Beatice Binyard a/k/a Beatrice Credell, Estate of Loretta Binyard a/k/a Loretta Brown, Estate of Geneva Binyard a/k/a Kelley, Jennifer Kelly, Herbert Kelley, Terry Kelley, Schnelle Kelley, Kim Kelley, Estate of Herman Binyard, Estate of Harding Binyard, Arnold Brown, Florine Gethers Green And John Doe and Mary Roe Representing All Other Unknown Persons And Those Whose Names Are Not Known, Including The Heirs, Successors,Devisees, Administrators, Executors, and Personal Representatives And Distributees Of Any Of The Above Named Defendants and Those Who May Be Deceased, Including But Not Limited to, James Fordham, Ben Gadson, Joseph Dixon, George Henry Avinger, Sr., a/k/a G.H. Avinger, Sr., a/k/a George H. Avinger, Edwardine Avinger a/k/a Edwardie Wells Avinger, Pearl Smalls a/k/a Pearlie Smalls a/k/a Pearl M. Leland, Elias Frances Barnes, Prince Dixon, John Dixon, Tilla Dixon, Julia Watson, Margaret Rosalie Smith, Lila Watson, Jeffry Dixon, George Edward Smith, William Dixon, Emma Dixon,Wallie Venning a/k/a Wallie E. Venning, Fortune Mills, Hannah Mills Mack, Clarence Mack, Mazalee Mack, Peter Lincoln, Walter Lemon, Sam Binyard, Louise Binyard, Alonzo Bennett a/k/a Alonzo Binyard, Anna Slaughter a/k/a Anna Slaughter Binyard a/k/a Anna Binyard a/k/a Anna Lee Binyard Slaughter, Loretta binyard a/k/a Loretta Brown, Harding Binyard, Herman Binyard, Geneva Kelley a/k/a Geneva Binyard, and also all other unknown persons, claiming any right, title, estate, interest in, or lien upon the real estate which is the subject of this action, including any unknown heirs, infants, persons under disability, and persons who may be in the military service, Respondents. Brian Morris Knowles, of Summerville, for Appellant. David F. Santos, of Charleston, for Respondent Emily Barnes Coles. Taso H. Chakeris and Bruce A. Berlinshky, both of Charleston, for Respondents Geneva Dixon, Rosemarie Dixon West, Doris Dixon Huff, Curtis Dixon, Lamont Dixon, Linda Dixon, Julia Dixon Lockwood, William Dixon, Cheryl D. Owens Hargrove, Denise Rivers, Jerome Smith, Toyka Nicole Smith, Colin Simard Smith a/k/a Colin Sammard Smith and Henry Vander Smith, Jr. W. Cliff Moore, III, of Columbia, for Respondent Cainhoy Investment Properties, LLC, and John D. Harrell for Respondents Berkeley County Defendants. Louis Brown appeals the trial court's ruling that Brown does not possess title to property.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18930 The State, Respondent, v. James Babb, Appellant. Chief Deputy Appellate Defender Wanda Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Richard Harold Warder, of Greenville, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent. In this criminal appeal, Babb argues the trial court erred in denying his motion to suppress because the police lacked a reasonable suspicion to perform an investigatory stop.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18934 Jeffrey S. Clary & Tug Properties LLC, Plaintiffs, Of whom Jeffrey S. Clary is Appellant, v. Clifton David Borrell, Respondent. Kenneth C. Hanson, of Columbia, for Appellant. Page M. Kalish, of Columbia, for Respondent. This appeal arises out of an action for breach of contract and quantum meruit instituted by Jeffrey S. Clary and TUG Properties, LLC (TUG) against Clifton David Borrell, wherein Clary and TUG asserted Borrell breached the TUG operating agreement entered into by Clary and Borrell. The trial court granted Borrell summary judgment on both claims. Clary appeals the granting of summary judgment on the contract cause of action alone, arguing the court erred in (1) finding there was no genuine issue of material fact in controversy, as Clary provided evidence Borrell signed a statement promising to pay TUG's debts and personally guaranteed TUG loans and (2) determining Borrell's personal guarantee for TUG's loans did not constitute additional capital contributions.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18939 Patricia Michelle Brandenburg, Respondent, v. Victor Edward Pysher, Jr., Appellant. Rebecca R. West, of Lexington, for Appellant. Kenneth M. Matthews, of Columbia, and Katherine Carruth Goode, of Winnsboro, for Respondent. In this family court case, Father appeals from the court's order granting Mother's request for modification of the parties' child support agreement, arguing the trial court erred in: (1) finding Mother met the increased burden of proof necessary to modify the parties' child support agreement, and (2) determining the parties' agreement would have the effect of leaving the minor child without support after the eldest child's emancipation.
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Wednesday, February 15, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18948 David Garrison & Diane G. Garrison, Plaintiffs, v. Dennis Pagette & Melanie Pagette, Appellants, v. Nesbitt Surveying Co. Inc., Respondent. Hugh L. Willcox, Jr., of Florence, for Appellants. Everett Joseph Mercer, of Sumter, for Respondent. This appeal arises from a third-party complaint brought by Appellants Dennis Pagette and Melanie Pagette against Nesbitt Surveying Co., Inc., in which the Pagettes alleged causes of action for breach of contract, negligence, and gross negligence arising from Nesbitt's preparation of a plat of the Pagette's property and Nesbitt's alleged failure to disclose an encumbrance on the property. After a bench trial on the Pagettes' third-party complaint, the trial court ruled in favor of Nesbitt, holding (1) the Pagettes failed to establish that Nesbitt breached the applicable standard of care and (2) the Pagettes failed to show damages as a result of Nesbitt's alleged breach of the standard. On appeal, the Pagettes argue the trial court misinterpreted the testimony of their expert witness regarding the standard of care, unfairly penalized them for mitigating their damages, and disregarded other testimony regarding their damages.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18928 The State, Appellant, v. Joe Louis Butler, Jr., Respondent. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General S. Creighton Waters, of Office of the Attorney General, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Appellant. Robert T. Williams, Sr., and Benjamin Allen Stitely, both of Lexington, for Respondent. On appeal, the State argues the circuit court erred in granting Joe Louis Butler, Jr. a new trial on the basis of juror misconduct where there was no evidence the misconduct prejudiced Butler.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18931 The State, Respondent, v. Curtis Lee Elgin, Appellant. Appellate Defender Elizabeth Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley Elliott, and Senior Assistant Attorney General Melody Brown, of Office of the Attorney General, of Columbia, for Respondent. On appeal, Curtis Lee Elgin (Elgin) argues the circuit court erred in failing to grant Elgin a new trial when it was discovered that one of the jurors had been discussing the case nightly with her mother throughout the trial.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18935 Nellie Ellison, Individually and as Guardian ad Litem for Kashawn R., Keshawn R. & Keven R., Appellant, v. Rudolph Brown, Respondent. Henry Thad White, Jr, of Florence, for Appellant. R. Heath Atkinson, of Florence, and R. Hawthorne Barrett, of Columbia, for Respondent. In this personal injury action, Nellie Ellison and her children appeal a jury verdict finding Rudolph Brown not liable for injuries sustained by Ellison and the children when their car was rear-ended by Brown's. They argue the trial court erred in admitting certain expert testimony and denying their motion for a new trial based upon the closing argument of Rudolph's counsel.
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Thursday, February 16, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18929 The State, Respondent, v. Garvin Duvall, Appellant. Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, for Respondent. In this criminal matter, Appellant Garvin Duvall seeks review of his convictions for murder, criminal conspiracy, and possession of a firearm during the commission of a violent crime. Appellant contends the trial court erred in allowing three witnesses to quote the decedent regarding his suspicion that Appellant's co-defendant was going to shoot the decedent or set fire to his car. Appellant argues the testimony was inadmissible hearsay and its unduly prejudicial effect substantially outweighed its probative value.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18933 Ex Parte: Ralph DeMarco, Appellant, In re: Audrey S. Dixon, William H. Stokes, III and Starling Odell Stokes, Sr., Respondents, v. Kershaw County, Respondent. Patrick D. Partin, of Camden, for Appellant. Vincent Austin Sheheen, of Camden, for Respondents Audrey Dixon, William Stokes, III, and Starling Stokes, Sr. John K. DuBose, III, of Camden, and Jonathan M. Robinson, of Camden, for Respondent Kershaw County. This appeal arises out of the denial of Appellant Ralph DeMarco's motion to intervene in the underlying action to close a road in Kershaw County. On appeal, DeMarco argues the trial court erred in failing to: (1) find DeMarco is an abutting landowner; (2) find DeMarco holds a prescriptive easement over the road; (3) find closing the road to public access constitutes a public hazard; and (4) prevent the admission of hearsay testimony.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18317 The State, Respondent, v. Shawn Antonio Miller, Appellant. Appellate Defender Breen Richard Stevens, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, for Respondent. Shawn Antonio Miller appeals his convictions and sentences for murder and the possession of a firearm during the commission of a violent crime, arguing the trial court erred in instructing the jury it could infer malice from the use of a deadly weapon, despite the presentation of evidence that would mitigate or reduce the offense.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18953 Kenneth Lee Holbert, Jr., Appellant, v. South Carolina State Board for Technical and Comprehensive Education, Respondent. J. Falkner Wilkes, of Greenville, for Appellant. Deidre D. Laws, of Columbia, for Respondent. Greenville Technical College terminated Kenneth Lee Holbert, Jr.'s employment for his failure to return to work following an extended medical leave. The State Employee Grievance Committee upheld the termination, and the Administrative Law Court affirmed. Holbert appeals, arguing the evidence in the record does not support his termination.
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Tuesday, February 28, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18950 Louis Green, Jr., Appellant, v. West Oil, Inc., d/b/a Markette Stores, Respondent. Michael T. Miller, of Florence, for Appellant. Mason A. Summers, of Columbia, and Lydia Magee, of Myrtle Beach, for Respondent. Louis Green, Jr., appeals the trial court's grant of summary judgment to West Oil, Inc., d/b/a Markette Stores, in this negligence action, arguing the trial court erred in: (1) refusing to qualify Green's expert; (2) failing to find the testimony of medical providers did not create a genuine issue of material fact as to proximate cause; and (3) ignoring some of Green's alleged damages in granting summary judgment.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18942 A and J. LLC, as Assignee of Jesse Dove, Appellant, v. KG Rescue, LLC, KG Golf Acquisition, LLC, David Mikulski, Jeff Stahl, Jessco, Inc., Jessco Homes, Inc., Steeplechase Development, LLC, and Wachovia Bank. N.A., Defendants, Of whom KG Rescue, LLC, KG Golf Acquisition, LLC, David Mikulski, Jeff Stahl, Jessco, Inc., Jessco Homes, Inc., Steeplechase Development, LLC, are Respondents. Robert E. Culver, of Charleston, for Appellant. Mark Wester McKnight, of Charleston, for Respondents. A & J sought to impose liability for a judgment against the defendants. A & J alleged various theories of liability including breach of fiduciary duty, partnership liability, alter ego, and fraudulent transfer. The master-in-equity denied the plaintiff's request to impose liability and dismissed the complaint. The plaintiff appeals.
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11:20 a.m. | (Time Limits: 10-10-5) |
19026 The State, Respondent, v. Donna Marie Buie, Appellant. Appellate Defender Elizabeth Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, for Respondent.
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Wednesday, February 29, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18940 Charles Bickerstaff, M.D., and Barbara Magera, M.D., Appellants, v. Roger Prevost d/b/a Prevost Construction, Inc., Respondent. Steven L. Smith, of North Charleston, for Appellants. Frank M. Cisa, of Mt. Pleasant, for Respondent. In this appeal, Charles Bickerstaff and Barbara Magera (the Appellants) argue the circuit court erred in finding it lacked jurisdiction to consider the Appellants' motion to set rate of interest. The Appellants contend: (1) the rate of interest applicable post-judgment was established in the circuit court's prior order and that order is the law of the case; (2) the circuit court erred in declining to consider matters not affected by this court's decision in the initial appellate process; (3) a post-judgment interest rate of 1% per day is punitive and grossly disproportionate to the amount of principal; and (4) the imposition of excessive post-judgment interest violates the Equal Protection Clause of the Constitution.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18943 Carolinas Recycling Group and Employers Insurance Company of Wausau, Carrier, Appellants, v. South Carolina Second Injury Fund, Respondent. Michael E. Chase and Carmelo B. Sammataro, of Columbia, for Appellants. Latonya Dilligard Edwards, of Columbia, for Respondent. In this worker's compensation appeal, the Carolina Recycling Group and Employers Insurance Company of Wausau, Carrier (collectively, Carrier) seeks partial reimbursement from the South Carolina Second Injury Fund (the Fund), arguing the circuit court erred in affirming the South Carolina Worker's Compensation Commission's conclusion that Claimant's pre-existing condition did not aggravate or combine with the subsequent injury to create substantially greater medical cost and disability.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18902 The State, Respondent, v. Otis Lamar Bland, Jr., Appellant. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Assistant Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Sally W. Elliott, Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent. Otis Lamar Bland appeals his convictions on charges of attempted armed robbery, attempted burglary, and possession of a weapon during the commission of a violent crime, arguing the trial court should have either dismissed the charges against him or granted him a new trial because of the State's alleged mishandling of certain evidence that may have contained exculpatory information.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18951 Grand Bees Development, LLC, Appellant, v. South Carolina Department of Health and Environmental Control and the County of Charleston, Respondents. G. Trenholm Walker and Jamie A. Khan, of Charleston, for Appellant. Etta R. Williams, of Columbia, for Respondent SCDHEC. Joseph Dawson, III, Austin A. Bruner, Bradley A. Mitchell, and Bernard Ferrara, of North Charleston, for Respondent County of Charleston. In this civil action, Grand Bees Development, LLC (Grand Bees) appeals the trial court's dismissal for lack of jurisdiction and failure to exhaust administrative remedies in a timely manner. Specifically, Grand Bees argues the trial court erred because as an adjoining owner, Grand Bees did not receive notice of the permits until three years after their issuance and the permits allow an expansion of the elevation of the landfill of almost 100 feet, in violation of local zoning laws.
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Thursday, March 1, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18926 The State, Respondent v. Nathaniel Murray, Appellant. Assistant Appellate Defender Elizabeth Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David Spencer, and Staff Attorney Julie Kate Keeney, of Office of the Attorney General, of Columbia, for Respondent. In this criminal appeal, Murray contends because the State had not shown his being shackled was necessary, the trial court erred in denying his motion to remove his shackles and instead had Murray already seated at the witness stand when the jury entered the courtroom.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18936 Clyde Hayward Chapman,Respondent, v. Reliford Clark, Jr., a/k/a Reliford Clark a/k/a Buster J. Clark a/k/a Buster Clark, Jr. and Joyce Clark, f/k/a Joyce Clark d/b/a Cooter's Cuts and Supplies, Defendants, Of whom Reliford Clark, Jr., a/k/a Reliford Clark a/k/a Buster J. Clark a/k/a Buster Clark, Jr. is the Appellant. Bradley A. Norton, of Walhalla, for Appellant. Keith G. Denny, of Walhalla, for Appellant. Corinne B. Cannon, of Clemson, for Respondent. Clyde Chapman, a partner in C&C Partners, appeals the finding that a formal accounting was performed and the denial of his request for an equitable accounting of the partnership. He further contends that the master-in equity erred by failing to allow a formal accounting before ordering an attachment on personal assets of an individual partner.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18944 Citimortgage, Inc., as Successor by merger to ABN AMRO Mortgage Group, Inc., Respondent, v. David Jathniel Freeman, Appellant. Glenn Walters, of Orangeburg, for Appellant. Nikole Haltiwanger Boland, of Columbia, for Respondent. Thad H. Westbrook, Michael J. Anzelmo, and James H. Burns, of Columbia, for Respondent. This appeal arises out of an order denying Appellant David Freeman's motion to set aside a foreclosure sale. On appeal, Freeman argues the trial court erred by failing to set aside the foreclosure sale because the notice of sale was not properly served or published in compliance with the statutory requirements and by failing to find the amount of the ordered appeal bond was unconstitutionally excessive.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
19021 The State, Respondent, v. Mahammed Ahamad Atieh a/k/a Mohammed A. Atieh, Appellant. J. Falkner Wilkes, of Greenville, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, of Columbia, for Respondent.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
19411 Anthony H., Respondent, v. Matthew G., April H., and a caucasian female under the age of eighteen, of whom Matthew G. is the Appellant. Charles E. Carpenter, Jr., and Carmen V. Ganjehsani, of Columbia, and Harry C. Wilson, Jr., of Sumter, for Appellant. Richard T. Jones, of Sumter, for Respondent.
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Tuesday, February 14, 2012 | |
Courtroom II
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18585 Carolina Convenience Stores, Inc., Harry Lancaster, Jr., as Power of Attorney for Harry Lancaster, Sr. and Oil Company, Inc., Appellants, v. City of Spartanburg, SC, Respondent. Charles J. Hodge and Timothy Ryan Langley, of Spartanburg, for Appellants. David Leon Morrison, of Columbia, for Respondent.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18754 The State, Respondent, v. Alfred Adams, Appellant. Appellant Defender Robert Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General Deborah R.J. Shupe, of Office of the Attorney General, of Columbia, and Solicitor Donald Myers, of Lexington, for Respondent.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18783 The State, Respondent v. Jaymes Michael Wood, Appellant. Appellate Defender Lanelle Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William Blitch, of Office of the Attorney General, of Columbia, for Respondent.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18610 The State, Respondent, v. Richard Bill Niles, Jr., Appellant. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, and Reid Sherard, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Brendan McDonald, of Office of the Attorney General, of Columbia, for Respondent.
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Wednesday, February 15, 2012 | |
Courtroom II
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18954 Sharon Harwell, Appellant v. Kendrick Cumbee, Patrick Cumbee, and Pamela S. Laury, Defendents, Of Whom Pamela S. Laury is the Respondent. Paige Blair George, of Columbia, for Appellant. Robert A. McKenzie, of Columbia, for Respondent.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18779 The State, Respondent, v. Diamon D. Fripp, Appellant. Jared Sullivan Newman, of Port Royal, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, of Office of the Attorney General, of Columbia, for Respondent.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18803 Denise McCauley, Respondent, v. JSP Consulting, LLC, d/b/a The Neutrino Group, Appellant. William B. Jung, of Mt. Pleasant, for Appellant. Denise McCauley, of Mt. Pleasant, pro se.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18619 The State, Appellant, v. William Kirkland, Respondent. John Benjamin Aplin, of Columbia, for Appellant. Appellate Defender Elizabeth Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.
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2:20 p.m. | (Time Limits: 10 - 10 - 5) |
18941 John W. Ankney, Appellant, v. Nancy L. Ankney, Respondent. John W. Carrigg, Jr., of Irmo, for Appellant John W. Ankney, prose Thomas E. McCutchen, of Columbia, for Respondent.
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Cases to be Submitted Without Oral Argument | |
18986 |
The State, Respondent v. Timothy Todd Hayes, Appellant.
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18987 |
The State, Respondent, v. James D. Kershaw, Appellant.
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18988 |
The State, Respondent, v. Michael Paul Cornelius, Appellant.
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18991 |
The State, Respondent, v. Craig Stephens Furcrom, Appellant.
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18992 |
The State, Respondent, v. Ronnie Leanear Goggins, Appellant.
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18993 |
The State, Respondent v. George Jones, Appellant.
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18994 |
The State, Respondent v. Donald Scott Jones, Appellant.
|
18996 |
The State, Respondent v. Wilbert M. Washington, Appellant.
|
18997 |
The State, Respondent v. David J. Toland, Appellant.
|
18998 |
The State, Respondent v. Jeremy Jarod McClinton, Appellant.
|
19000 |
The State, Respondent, v. William F. White, Appellant.
|
19001 |
The State, Respondent, v. Jerrick Thomas, Appellant.
|
19003 |
The State,Respondent, v. Andrew C. Ladron, Appellant.
|
19004 |
The State, Respondent, v. Michael Rose, Appellant.
|
19005 |
The State, Respondent, v. Willie Moore, Appellant.
|
19006 |
The State, Respondent, v. Anthony L. Mattison, Appellant.
|
19013 |
The State, Respondent, v. Brian A. Clarke, Appellant.
|
19025 |
In the Interest of Taylor K., a Juvenile under the Age of Seventeen, Appellant.
|
19027 |
The State, Respondent, v. Anthony Tyrone Williamson, Appellant.
|
19029 |
The State, Respondent, v. Jake Antonio Wilson, Appellant.
|
19030 |
The State,Respondent, v. Andre Maurice Massey, Appellant.
|
19034 |
The State,Respondent, v. Arnold Ward, Appellant.
|
19036 |
The State, Respondent v. Keymont Reid, AKA Marica Kemont Reid, Appellant.
|
19039 |
The State, Respondent, v. William Long, Appellant.
|
19046 |
The State,Respondent, v. Bobby James Rippy, Appellant.
|
19050 |
Jeanette Canteen, Appellant, v. McLeod Regional Medical Center, Employer, and Palmetto Hospital Trust Services, Ltd., Respondents.
|
19057 |
Georgeann Campfield and Alexander Payne, Respondents, v. Brunson Automobile Sales, Inc. and Celebration Suzuki, Inc., Appellants.
|
19058 |
CalTel, Respondent, v. Anjay Patel, Appellant.
|
19059 |
Anderson County, South Carolina, Respondent, v. Lakeside Lighthouse, Inc., DonaldA.Slater, Denise A. Slater and R. Jack Lingefelt, Appellants.
|
19060 |
Thomas E. Redmond, and Arrow Bail Bonding, Inc., Respondents, v. E-Z Out Bail Bonds, Inc., Appellant.
|
19064 |
Roy M. Bowling, Sr., Respondent, v. Jennifer Bowling, Appellant.
|
19080 |
Janette Hamilton, Appellant, v. Charleston County Sheriff's Department, Respondent.
|
19081 |
Jasmine Hudson #303527, Appellant, v. South Carolina Department of Corrections, Respondent.
|
19087 |
Jakaya Green, Respondent, v. South Carolina Department of Corrections, Appellant.
|
19093 |
Steve McIntosh, Appellant, v. Kay Hayley McIntosh, Respondent.
|
19097 |
Jimmy L. Mullins, Sr., and Mullins Trucking Company, Inc., Plaintiffs, Of whom Jimmy L. Mullins, Sr. is the Respondent, v. Barbara Solley, Appellant.
|
19128 |
The State, Respondent, v. Eliana King, Appellant.
|
19129 |
The State, Respondent, v. Milciades Alcantara, Appellant.
|
19134 |
Richard H. Coen, Coen Capital, LLC, and Lowcountry Capital, LLC, Respondents, v. Diane Crowley, Cecil Crowley, Steve Carroll, Individually and as Principals and Agents of RedWing, LLC & Wings Over America, Inc.; RedWing, LLC & Wings Over America, Inc., Appellants.
|
19141 |
Billy Joseph Powell, Employee, Appellant, v. McCall Farms, Inc., Employer, and Companion Property and Casualty Group, Carrier, Respondents.
|
19142 |
Lynn Marcantoni,Appellant, v. Michael Johnson,Respondent,
|
19149 |
The State, Respondent, v. Jeremy Maurice Batts, Appellant.
|
19152 |
The State, Respondent, v. Steven Hewitt, Appellant.
|
19162 |
The State, Respondent v. John Wall, Appellant.
|
19163 |
The State,Respondent, v. Jermaine McKelvey, Appellant.
|
19165 |
The State, Respondent v. Nicholas Macklen, Appellant.
|
19166 |
In The Interest of Leandra M., A Juvenile Under The Age Of Seventeen, Appellant.
|
19169 |
The State, Respondent, v. Terrelle Chandler, Appellant.
|
19171 |
The State, Respondent v. Adrian Eaglin, Appellant.
|
19173 |
The State, Respondent, v. Joseph Coker, Appellant.
|
19174 |
The State, Respondent, v. Raymond Burnett, Appellant.
|
19175 |
The State, Respondent, v. Willie Goodwin, Appellant.
|
19181 |
The State, Respondent, v. Mike Salley, Appellant.
|
19190 |
Mokhtar Elkachbendi, Appellant/Respondent, v. Anne K. Elkachbendi, Suzanne H. Ruth, Individually and as Trustee of the Suzanne H. Ruth Revocable Trust UDO February 25, 2003, Daniel Ruth and Suzanne H. Ruth Revocable Trust, Defendants, Of Whom Anne K. Elkachbendi is the Respondent/Appellant, v. Nouhza Elkachbendi Warning, Third Party Defendant.
|
19192 |
Barbara Epps, Respondent, v. Joe Dean Epps, Appellant.
|
19201 |
Nancy W. McGowan, Respondent, v. Philip A. McGowan, M.D., Management Consultants, LLC, Moultrie Property Holdings, LLC, Management Consultants of Charleston, LLC, N&P, LLC, North Rivers, LLC, 99 Bull Street, LLC, Coleman Blvd, LLC, A&D Leasing, LLC, 9297 Palmetto Park, LLC, The Carmody Company, LLC, King Charles Associates, Limited Partnership, S&E Company, Polaris Prime Europe, L.P., KCA Limited Partnership II Chatman Hotel Limited Partnership Rivergate Center I, LLC, LNA, LLC, Trident Park, LLC, Regions Bank, and NBSC Corporation/Synovus Financial, Defendants, Of whom Philip A. McGowan, M.D., is the Appellant.
|
19202 |
Hortensia Oliva, Appellant, v. Bose Corporation and Zurich Norht American Insurance Company, Respondents.
|
19203 |
Hortensia Oliva, Appellant, v. Bose Corporation and Zurich North American Insurance Company, Respondents.
|
19211 |
The State, Respondent, v. Henry Woods, Appellant.
|
19212 |
The State,Respondent, v. Craig Rolen, Appellant.
|
19214 |
The State, Respondent, v. Gerald Farr, Appellant.
|
19215 |
The State, Respondent, v. Kenneth Hargett, Appellant.
|
19226 |
The State, Respondent, v. Robert Allen Baker, Appellant.
|
19253 |
The State, Respondent, v. Israel Colecio, Appellant.
|
19258 |
The State, Respondent, v. Steve W. Conder, Appellant.
|
19259 |
The State, Respondent, v. Christopher Boone, Appellant.
|
19261 |
The State, Respondent, v. Steven Burton, Appellant.
|
19265 |
In The Interest of: Ryan E., A Juvenile Under The Age of Seventeen, Appellant.
|
19269 |
The State, Respondent, v. Bobbie Fleming Ford, Appellant.
|
18626 |
The State, Respondent, v. Joshua Lee Phillips, Appellant.
|
18661 |
The State, Respondent, v. Randall Q. Sanders, Appellant.
|
18685 |
The State, Respondent, v. Robert Lee Dean, Appellant.
|
18686 |
The State, Respondent, v. Rusty Dunbar, Appellant.
|
18763 |
The State, Respondent v. Amber Portwood, Appellant.
|
18765 |
The State, Respondent v. Andre Taft Richardson, Appellant.
|
18766 |
The State, Respondent, v. Carlton A. McFadden, Appellant.
|
18769 |
The State, Respondent, v. Michael Anthony Livingston, Appellant.
|
18770 |
The State, Respondent, v. Michael F. Smith, Appellant.
|
18775 |
The State, Respondent, v. Jerrell Scott, Appellant.
|
18777 |
The State, Respondent, v. Phillip Tapp, Appellant.
|
18794 |
Carey E. Graham and Rodney A. Chardukian, Respondents, v. Malcom M. Babb, Brenda R. Babb, Cable Plus of Carolina, Inc., Southbay Lakes Cable Partnership, Southbridge Cable Television, LLC, and Renaissance Enterprises, Inc., now known as Condo Services, Inc., Defendants, Of Whom Brenda R. Babb and Renaissance Enterprises, Inc., now known as Condo Services, Inc., are Appellants
|
18949 |
Thomas Latimer, Appellant, v. Mattie Morris, Personal Representative of the estate of Thelathia Morris, Respondent.
|