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March 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.
Monday, March 12, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18516 The State, Respondent v. Lewis David Williams, Appellant. Deputy Chief Appellate Defender Wanda H. Carter, 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, and Assistant Deputy Attorney General Deborah Shupe, of Office of the Attorney General, of Columbia, for Respondent. Lewis Williams appeals his convictions for armed robbery, first-degree burglary, and possession of a weapon during the commission of a dangerous crime. He argues the trial court erred in admitting testimony of his alleged gang ties because its prejudicial impact outweighs any probative value.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18956 Alberta Major, Appellant, v. City of Hartsville, Respondent. Michael T. Miller, of Florence, for Appellant. William Bailey Woods, of Lexington, for Respondent. This case arises from injuries Alberta Major alleges she sustained when she fell, after stepping in a depression on a corner of land in the City of Harstville. Major appeals the trial court's grant of summary judgment in favor of the City, arguing the trial court erred in (1) holding the City did not have constructive notice of the condition, and (2) applying a narrow interpretation of the constructive notice standard.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18959 Dino Rossi, Theresa King, and Ira Gross, Appellants, v. Intercoastal Village Resort Homeowners Association, Inc., Craig LaForte, President, Craig LaForte, Individually, Joanne Sacca, Secretary, Joanne Sacca, Individually, Christopher Mezzanotte, Treasurer, Christopher Mezannotte, Individually, Terry Walser, Director, and Terry Walser, Individually, Defendants, Of whom, Intercoastal Village Resort Homeowners Association, Inc., Craig LaForte, President, Joanne Sacca, Secretary, Christopher Mezzanotte, Treasurer, and Terry Walser, Director are, Respondents. Intercoastal Village Resort Homeowners Association, Inc., Plaintiff, v. AGB 090903, LLC, Defendant, And Intercoastal Village Resort Homeowners, Inc., Plaintiff, v. Harvey D. Hugunin, Georgianna P. Lash, Dino Rossi, Lonnie Van Dyke, Thomas D. Barr, Ira M. Gross, Theresa A. King, Donald J. Hanafin, IJB081901, LLC, Donald H. Adam, Christopher Valpone, Daisy M. Ward, Paul F. Bergstrom and Christopher Paul Allen are, Defendants, Of whom, Lonnie Van Dyke, Thomas D. Barr, Donald J. Hanafin, Donald H. Adam, Paul F. Bergstrom and Christopher Paul Allen are Appellants. Patrick J. Reilly, of North Myrtle Beach, for Appellants. Amanda A. Bailey, of Myrtle Beach, for Respondent. Dino Rossi, Theresa King, and Ira Gross (Homeowners) appeal the order of the special referee in this declaratory judgment action against Intercoastal Village Resort Homeowners Association, Inc. Homeowners argue the special referee erred in: (1) interpreting a construction contract; (2) finding a special assessment valid; (3) failing to find a recall vote on the special assessment valid; (4) finding a resolution passed by the Board of Directors valid; and (5) refusing to allow a fact witness to testify as an expert.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18962 Travelers Insurance Company, Appellant, v. The South Carolina Second Injury Fund, Respondent, (In re: George Tipton v. Stark Truss Company, Inc.). Lawson Brenn Watson, of Greenville, for Appellant. Latonya Dilligard Edwards, of Columbia, for Respondent. In this appeal from the Workers' Compensation Commission, Traveler's Insurance Company sought reimbursement from the Second Injury Fund for compensation it paid to the claimant. Traveler's alleged the disability for which it paid compensation was substantially greater due to the claimant's preexisting impairments. Traveler's appeals the commission's findings that the claimant's preexisting conditions were not an obstacle to employment and did not substantially increase its liability for compensation.
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2:20 p.m. | (Time Limits: 10 - 10 - 5) |
18182 George Way, Appellant, v. Mary Way, Respondent. William Ceth Land, of Manning, for Appellant. Stephen L. Hudson, of Columbia, for Respondent. George Way appeals the family court's order granting him a divorce from Mary Way, arguing the family court erred in ordering him to pay Wife $20,000 as part of the equitable division of marital property and $500 per month in alimony.
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3:00 p.m. | (Time Limits: 10 - 10 - 5) |
18335 Case # 1999-DR-23-2327 John Rogers, Respondent, v. Outi Koski Rogers, Appellant.__________Case # 2005-DR-23-4336 John Rogers, Respondent, v. Outi Koski, Appellant. Outi Koski Tasciotti, of Simpsonville, for Appellant. Stephen John Henry, of Greenville, for Respondent. Mother appeals from the family court's order holding her in contempt for willfully violating a prior order by failing to obtain employment and file an updated financial declaration. Among other arguments, Mother asserts the family court erred in (1) finding clear and convincing evidence established her violation of the prior order was willful, (2) refusing to admit evidence concerning a medical condition that prevented her from complying the prior order, and (3) ordering her to pay continuing child support, child support arrearages, Father's attorney's fees, and costs related to the hearing.
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Tuesday, March 13, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18965 Timothy Williams, Appellant, v. Force Protection Industries, Inc., Howard Eisenhut (individually and as an employee of Force Protection Industries, Inc.), Sheila Boyd (individually and as an employee of Force Protection Industries, Inc.), Vanessa Latison (individually and as an employee of Force Protection Industries, Inc.), Brenda Valentine (individually and as an employee of Force Protection Industries, Inc.), and Verifications, Inc., Respondents. Timothy L. Williams, of Columbia, for Appellant. Michael D. Carrouth, of Columbia, for Respondents. Timothy Williams appeals the order of the trial court granting Force Protection Industries, Inc. summary judgment on Williams's claims for breach of contract and defamation.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18969 South Carolina Department of Health and Environmental Control, Respondent, v. Southern Environmental Services, Inc., Appellant. Eric Fosmire, of Columbia, for Appellant. Sara P. Bazemore, of Myrtle Beach; Carlisle Roberts, Jr., and Jacquelyn S. Dickman, of Columbia, for Respondent. Southern Environmental Services, Inc. (SESI) appeals the Administrative Law Court (ALC) order issuing sanctions for violations of South Carolina regulations governing asbestos removal projects, which was issued following a contested hearing on the final decision of the South Carolina Department of Health and Environmental Control (DHEC). SESI argues the ALC erred in: (1) finding violations when the chain of custody regarding the analysis of materials allegedly containing asbestos was not established; (2) finding DHEC inspectors need not be licensed in order to enforce the regulations; (3) finding DHEC's search of SESI's headquarters was constitutional; (4) finding SESI failed to comply with permit and license regulations; and (5) finding SESI violated regulations where the evidence established a subcontractor was responsible for the violations.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
19014 The State, Respondent, v. Bennie Golston, Appellant. Appellate Defender LaNelle C. DuRant, 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 Shupe, of Office of the Attorney General, of Columbia, for Respondent. In this criminal case, Golston argues the trial court erred in (1) denying his motion to proceed solely on a charge of criminal domestic violence (CDV), rather than criminal domestic violence of a high and aggravated nature, because the language of the indictment reflected a CDV charge; (2) admitting into evidence a hatchet seized from his home without a search warrant; and (3) refusing to charge the jury on CDV as a lesser included offense.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
19022 The State, Respondent, v. Christopher Heller, Appellant. Chief 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,Assistant Attorney General Anthony Mabry, of Office of the Attorney General, of Columbia, and Solicitor Daniel E. Johnson, of Columbia, for Respondent. Christopher Heller was convicted of murder and assault and battery with intent to kill. He appeals, asserting the trial court erred in (1) allowing him to be impeached with his prior drug convictions, (2) refusing to declare a mistrial where a witness made reference to him being on parole, and (3) refusing to grant an in camera hearing on the admissibility of a witness's voice identification of him.
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12:40 p.m. | (Time Limits: 10 - 10 - 5) |
18721 Forest Beach Owner's Association, Inc. and Trevor Howard, Respondents, v. Carolyn S. Bair, Appellant. Thomas A. Pendarvis, of Beaufort, for Appellant. Russell P. Patterson, of Hilton Head Island, for Respondents. In this property dispute, Bair argues the special referee erred in (1) ruling the plaintiffs' claims were not time-barred; (2) ruling she did not hold fee simple title to the property in question; (3) ordering her to remove vegetation from the property; (4) refusing to reopen the record after trial to consider additional evidence; and (5) failing to recognize an amendment of her counterclaim.
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Wednesday, March 14, 2012 | |
Courtroom I
(Court convenes at 10:40
a.m.)
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18971 South Carolina Department of Transportation, Respondent, v. Janell P. Revels and R.J. Poston, Jr., Landowners, and John Doe and Mary Roe, representing all unknown persons having or claiming to have any right, title or interest in or to, or lien on the lands described herein, including all unknown heirs of Reamer J. Poston, Sr. a/k/a/ R.J. Poston Sr., deceased, Unknown Claimants, Of whom Janell P. Revels and R. J. Postons are Appellants. Gene McCain Connell, Jr., of Surfside Beach, for Appellants. Hart Baker, of Columbia, and Beacham O. Brooker, Jr., of Columbia, for Respondent. In this appeal from a condemnation action, Janell P. Revels and R.J. Poston, Jr. argue the circuit court erred in finding they were entitled to attorney's fees based on an hourly rate rather than a contingency fee agreement.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
19017 The State, Respondent, v. Kevin Jerome Gilliard, Appellant. Deputy Appellate Defender Wanda Carter, of South Carolina Commission on Indigent Defense, of Columbia, and Tristan Shaffer, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Deputy Attorney General Deborah R.J.Shupe, of Office of the Attorney General, of Columbia, for Respondent. Kevin Jerome Gilliard appeals his conviction for trafficking in crack cocaine, arguing the circuit court erred in refusing to charge the jury on spoliation of evidence.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18781 The State, Respondent, v. Cameron Hammonds, Appellant. Assistant Appellate Defender LaNelle C. DuRant, 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, and Assistant Attorney General Alphonso Simon, Jr., of Office of the Attorney General, of Columbia, for Respondent. Cameron Hammonds appeals his convictions for murder and possession of a weapon during the commission of a violent crime, arguing the trial court erred in refusing to charge the jury that even if a person was in unlawful possession of a gun, he could still use it lawfully in self-defense.
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Thursday, March 15, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18955 Dennis N. Lambries, on Behalf of Himself and the Citizens of the County of Saluda, Appellants, v. Saluda County Council, T. Hardee Horne, Chairman, William "Billie" Pugh, Councilman, Steve Teer, Councilman, Jacob Schumpert, Councilman, and James Frank Daniel, Sr., Councilman, Respondents. Richard R. Gleissner, of Columbia, for Appellants. Christian Giresi Spradley, of Saluda, for Respondents. This appeal arises out of the denial of Appellant Dennis Lambries' request for a preliminary injunction. On appeal, Lambries argues the circuit court erred in failing to grant his request for an injunction because the Freedom of Information Act requires a governmental body to notify the public of items it intends to discuss and decide upon at public meetings.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18958 Jean C. Rothrock, Appellant, v. City of Georgetown Architectural Review Board, Respondent. A. Camden Lewis, Ariail E. King, of Columbia, for Appellant. Elise Freeman Crosby, of Georgetown, for Respondent. This appeal arises from the City of Georgetown’s Architectural Review Board’s decision to deny Rothrock’s application for a permit to use HardiePlank on the exterior of a home she owns. Rothrock maintains the Board erred in treating the home as contributing even though it was no longer classified as contributing. She also argues other non-contributing homes had been allowed to use HardiePlank. She further asserts even if the home was still contributing, the Design Guidelines do not explicitly prohibit the use of HardiePlank. Rothrock also contends the Board acted out of bias, prejudice, or a will to win in violation of her due process rights.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18961 Amrik Singh and SBPS, Inc. d/b/a Travel Inn, Respondents, v. City of Greenville, Appellant. Ronald W. McKinney, of Greenville, for Appellant. Ryan Lewis Beasley, of Greenville, and James Walter Fayssoux, Jr, of Greenville, for Respondents. The City of Greenville (the City) appeals from an order of the circuit court reversing the City's revocation of the business license of Respondents Amrik Singh and SBPS, Inc. The circuit court concluded that the City's relinquishment of discretion to its city manager to determine compliance with the parties' Conditional Business License agreement was an unlawful delegation of legislative authority. On appeal, the City contends that the delegation doctrine does not apply to municipalities. The City also contends that licensing is not a legislative function.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18968 Paresh Shah, M.D. and Paresh Shah, M.D., P.A., Appellants, v. Palmetto Health, Respondent. Joel W. Collins, Jr., Robert F. Goings, and Amy L. Neuschafer, of Columbia, for Appellants. Jane W. Trinkley, Celeste Tiller Jones, and Robert L. Widener, of Columbia, for Respondent. Frederick A. Crawford, for Respondent. I. S. Leevy Johnson and William T. Toal, of Columbia, for Respondent. Dr. Paresh Shah appeals the circuit's courts order finding Palmetto Health was not in violation of a settlement order between the parties as it pertained to quality assurance reviews of Dr. Shah's work. He contends the circuit court erred in findings that (1) certain alleged violations of the settlement order were not properly before it for consideration; (2) the Health Care Quality Improvement Act barred him from seeking relief; (3) the settlement order applied only to the initial quality assurance reviews performed; (4) the settlement order did not require Palmetto Health's strict compliance with its by-laws; (5) the evidence it did consider did not rise to the level of contempt; and (6) the courts should not be involved in the "intricacies" of hospital business.
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Tuesday, March 27, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18729 Demetrius P. Ladson, Appellant, v. Harvest Hope Food Bank, Respondent. J. Marvin Mullis, Jr., and Stephen Benjamin Samuels, of Columbia, for Appellant. Kathryn Thomas, of Columbia, for Respondent. Demetrius Ladson appeals the trial court's order granting partial summary judgment to Harvest Hope Food Bank in this action alleging: (1) retaliatory discharge; (2) breach of contract; and (3) breach of contract accompanied by a fraudulent act.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
19098 LeAndra Lewis, Appellant, v. L. B. Dynasty, Respondent. Blake Alexander Hewitt, of Columbia, and Charles B. Burnette, III, of Rock Hill, for Appellant. Lisa C. Glover, of Columbia, for Respondent. LeAndra Lewis appeals the order of the Appellate Panel of the Workers' Compensation Commission, arguing the Commission erred in: (1) finding she was an independent contractor rather than an employee; and (2) determining that even as an employee, her compensation rate would be only $75 per week.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
19041 The State, Appellant, v. James Ramsey, Respondent. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina Catoe, and Assistant Attorney General Curtis A. Pauling, of Office of the Attorney General, of Columbia, for Appellant. Christopher Wellborn, of Rock Hill, for Respondent. In this criminal case, the State argues the lower courts erred in dismissing Ramsey's criminal domestic violence charge for lack of jurisdiction based on a police officer's issuance and service of a uniform traffic ticket, rather than an arrest warrant.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
19056 CRM Mid-Atlantic Properties, LLC, a Georgia limited liability company, Respondent, v. Dwellings Custom Homes, LLC, Christopher H. Milligan, Christy E. Milligan, Belle Hall Plantation Homeowners' Association, Carolina Waste Services, LLC and Harris Milligan, Defendants, Of whom Harris Milligan is the Appellant. John Joseph Dodds, III, of Mt. Pleasant, for Appellant. Stanley McGuffin, Lydia Blessing Applegate, and Elizabeth F. Bailey, of Charleston, for Respondent. Harris Milligan appeals the order of the Master-in-Equity entering a judgment against Milligan pursuant to a guaranty agreement.
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Wednesday, March 28, 2012 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
19047 The State, Respondent, v. Glenn R. Lee, Appellant. Jack B. Swerling, of Columbia, Paul Cannarella, of Hartsville, and Katherine Carruth Goode, of Winnsboro, 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 Coombs, of Office of the Attorney General, of Columbia, for Respondent. In this criminal action, Glenn R. Lee contends the trial court made many evidentiary errors throughout the trial. Specifically, Lee argues the trial court erred in: (1) admitting testimony concerning Lee's alleged prior acts; (2) admitting a videotape and transcript of an interview with the complaining witness and testimony concerning the statements made in that interview; (3) qualifying a witness as an expert in forensic interview and assessment and delayed reporting; (4) denying a motion to suppress all evidence seized in the search of Lee's residence and all fruits of that search; (5) admitting evidence of alleged flight by Lee and his co-defendant; (6) admitting evidence concerning involvement of the Department of Social Services; and (7) admitting photographs depicting nudity. In the alternative, Lee contends this case should be reversed and remanded because of cumulative error resulting in prejudice to him and a denial of his right to a fair trial.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
19063 Kirby L. Bishop, Herman G. Boney, Richard H. Brown, Michael D. Catt, Basilides F. Cruz, Robert B. Dozier, Joseph A. Floyd, Sr., Arthur C. Gillam, III, Alma C. Hill, Barry N. Martin, William J. Meyer, Charles F. Morris, Sr., and Joseph A. Smith, Plaintiffs, Of whom Basilides F. Cruz, Joseph A. Floyd, Sr., Arthur C. Gillam, III, Alma C. Hill, Barry N. Martin, Charles F. Morris, Sr., and Joseph A. Smith are Appellants, v. City of Columbia, Respondent. Nancy Bloodgood, of Charleston, for Appellants. W. Allen Nickles, III, and Matthew A. Nickles, of Columbia, for Respondent. On appeal, Basilides F. Cruz, et. al. (Cruz) claims the circuit court erred in: (1) determining Cruz cannot establish a cause of action for breach of contract; (2) finding the City of Columbia promised Cruz fringe benefits, rather than compensation; (3) granting the City of Columbia's motion for summary judgment on Cruz's promissory estoppel and equitable estoppel causes of action; (4) finding that the City of Columbia could not be legally bound by promises made by its representatives in the scope of their representatives' employment; and (5) in finding the City of Columbia's handbooks and benefits only use present tense language and, therefore, do not establish a contractual right to continuing free health insurance. Cruz also argues the circuit court erred in its holdings regarding bonded indebtedness, Cruz's at-will status, and the City of Columbia's contract with BlueCross BlueShield of South Carolina.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
19028 The State, Respondent, v. Leo David Lemire, Appellant. Leland B. Greeley, of Rock Hill, for Appellant. Assistant Deputy Attorney General Deborah Shupe, of Office of the Attorney General, of Columbia, for Respondent. Leo David Lemire appeals his convictions on charges of lynching, conspiracy, and presenting and pointing a firearm, arguing (1) the trial judge erred in submitting his written charge to the jury when the jury had not requested it and after the jurors had been deliberating for several hours, (2) the trial judge should have directed a verdict on the lynching charge because the State failed to prove that no act of violence was inflicted upon the body of the victim, and (3) the trial judge should have directed a verdict on the lynching charge because the State failed to prove premeditated purpose or intent.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18852 Bill Passouloukas and Susie H. Passouloukas, Individually and as Shareholders Derivatively on Behalf of Zorba's, Inc., Appellants, v. Cynthia Bensch, Gary Bensch and Zorba's, Inc., Defendants, Of whom, Cynthia Bensch and Gary Bensch are the Respondents. Frank F. Pape, Jr., of Atlanta, Georgia, for Appellants. Cynthia Bensch and Gary Bensch, of Bluffton, for Respondents. Bill P. Passaloukas and Susie H. Passaloukas (Appellants) argue the master-in-equity erred in denying their causes of action related to the conduct of their business partners, Cynthia Bensch and Gary Bensch. Appellants' claims included breach of fiduciary duty, unfair trade practices, and misappropriation of corporate assets, as well as individual and derivative claims for damages resulting from the alleged conversion of corporate and personal property.
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12:40 p.m. | (Time Limits: 10 - 10 - 5) |
18967 State Mutual Insurance Company, Plaintiff, v. Gerald Ray Ard and Susan M. Ard, individually and as the natural mother, custodial parent, and natural guardian of Lauren Ashley A. and Brandon Todd A., minors under the age of fourteen (14), Defendants, Of Whom Gerald Ray Ard is Respondent and Susan M. Ard is Appellant. Louis David Nettles, of Florence, for Appellant. Reginald C. Brown, of Florence, and Robert Norris Hill, of Newberry, for Respondent. This is an appeal of a decision in an action filed by State Mutual Insurance Company to interplead the proceeds of a life insurance policy. Following a bench trial, the circuit judge found Susan M. Ard, the ex-wife of the decedent, was entitled the face value of the policy with interest, but awarded the balance of the death benefit to Gerald Ray Ard, the decedent's father. Susan Ard appeals, arguing (1) the circuit judge erroneously interpreted the provision in the divorce decree under which the decedent was to maintain life insurance for the benefit of his minor children and (2) under equitable principles, she should be treated as the exclusive beneficiary of the policy.
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Thursday, March 29, 2012 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
19067 Anonymous No. 1, R.D.H. and Anonymous No. 2, R.D.H., Appellants, v. South Carolina Department of Labor Licensing and Regulation, State Board of Dentistry, Respondents. Desa Ballard and Stephanie Weissenstein, of West Columbia, for Appellants. Kenneth P. Woodington, of Columbia, for Respondents. H. Rion Alvey, of Columbia, for Appellant Board of Dentistry. Patrick Donell Hanks, of Columbia, for Respondent South Carolina Department of Labor, Licensing and Regulation. Two dental hygienists appeal the decision of the administrative law court (ALC) arguing the ALC erred by concluding that the Dental Board established the standard of care for dental hygienists when placing sealants on teeth regardless of the setting in which the hygienists practice. Specifically, they contend the ALC erred in interpreting the statute, along with the facts and evidence as to the use, safety and effect of dental sealants on the teeth of children in public school.
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
19066 Charleston Scottish Rite Center Historical & Educational Foundation, Inc., Appellant, v. Centimark Corporation, Respondent. Steven L. Smith and Zachary J. Closer, of Charleston, for Appellant. Preston Bruce Dawkins, Jr., of Florence, and John P. Liekar, Jr., of Pittsburgh, PA, for Respondent. This appeal arises out of an order granting summary judgment to Respondent Centimark Corporation. On appeal, Appellant Charleston Scottish Rite Center Historic & Educational Foundation, Inc., argues the trial court erred in granting summary judgment because genuine issues of material fact remain in dispute as to the validity of the disclaimer of the express warranty given to Appellant.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18984 Brian Gebhard, Petitioner, v. State of South Carolina, Respondent. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Assistant Attorney General Mary S. Williams, of Office of the Attorney General, of Columbia, for Respondent. In this post-conviction relief (PCR) case, Petitioner Brian Gebhard seeks review of the PCR court's dismissal of his PCR application. Petitioner challenges the PCR court's conclusion that he showed neither ineffective assistance of counsel nor an involuntary guilty plea.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18977 Antonio D. Bordeaux, Respondent, v. State of South Carolina, Petitioner. Assistant Attorney General Matthew J. Friedman, of Office of the Attorney General, of Columbia, for Petitioner. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. In this post-conviction relief (PCR) case, the State appeals the PCR court's determination that Petitioner Antonio Bordeaux's burglary sentences were illegal. The State challenges the PCR court's conclusion that each twenty-five year sentence exceeded the maximum sentence for the offense listed on the sentencing sheet, second degree burglary. The State contends that the guilty plea transcript shows Petitioner pled guilty to first degree burglary, for which the maximum sentence is life imprisonment.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
19031 The State, Appellant v. Randy Vickery, Respondent. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, for Appellant. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. In this criminal case, the State appeals the circuit court’s suppression of evidence found as the result of a drivers’ license checkpoint because it alleges the checkpoint was constitutional.
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Tuesday, March 13, 2012 | |
Courtroom II
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
19044 The State, Respondents, v. Wendell Williams, Appellant. Appellate Defender Kathrine Hudgins, Office of 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 William Blitch, Jr., for Respondent.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18957 Timothy Portee and Wilda Dale Portee, Appellants, v. Always Precise Protection Agency & Investigations, Inc., and John Portee, Defendants, Of whom Always Precise Protection Agency & Investigations, Inc. is the Respondent. Daryl G. Hawkins, Kristin J. McArthur, and Charles E. Usry, of Columbia, for Appellants. J. Boone Aiken, III, of Florence, and James B. Richardson, Jr, of Columbia, for Respondent.
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11:20 a.m. | (Time Limits: 10 - 10 - 5) |
18960 David R. Martin and Patricia F. Martin, Respondents/Appellants, v. Ann P. Bay, Harvie Goddin, Tony L. Hannon and Diane F. Hannon, Defendants, Of Whom Ann P. Bay and Harvie Goddin are Appellants/Respondents. G. Dana Sinkler, of Warren & Sinkler, of Charleston, for Appellants-Respondents. David R. Martin and Patricia F. Martin, of Edisto Island, for Respondents-Appellants.
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12:00 p.m. | (Time Limits: 10 - 10 - 5) |
18963 Mary K. Walden, Appellant, v. Harrelson Nissan, Inc., Respondent. Mario Anthony Pacella, of Brunswick, Georgia, for Appellant. Walter Keith Martens, of Rock Hill, for Respondent.
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Wednesday, March 14, 2012 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
19049 Gaines Adams, Respondent, v. H.R. Allen, Inc., CNA , and Zurich North America, Defendants, Of whom H.R Allen, Inc., and Zurich North America are Appellants, and CNA is Respondent. Weston Adams, III, Helen F. Hiser, Erroll Anne Y. Hodges, of Columbia, for Appellants. James Paul Newman, Jr., of Columbia, for Appellants. Alan Randolph Cochran, of Greenville, for Respondent Gaines Adams. James P. Newman, Andrew E. Haselden, of Columbia, for Respondent CNA.
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
19020 The State, Appellant, v. Mark Allen Hoyle, Respondent. Matthew W. Shelton, of York, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William Blitch, of Office of the Attorney General, of Columbia, for Appellant. John Martin Foster, of Rock Hill, for Respondent.
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10:40 a.m. | (Time Limits: 10 - 10 - 5) |
18964 Stephen C. Whigham, Appellant, v. Jackson Dawson Communications, Employer, and The Hartford, Carrier, Respondents. Douglas A. Churdar, of Greenville, for Appellant. Benjamin Mason Renfrow,of Greenville, for Respondents.
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Cases to be Submitted Without Oral Argument | |
18669 |
The State, Respondent, v. Javon Lamont Rivers, Appellant.
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18691 |
The State, Respondent, v. Daniel Nelson Gibbons, Appellant.
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18762 |
The State, Respondent, v. Noel Michael Lyles, Appellant.
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18774 |
The State, Respondent v. James Staley, Appellant.
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18985 |
The State, Respondent, v. Donell Mauice Hutchinson, Appellant.
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18989 |
The State, Respondent, v. Ronald Francis Cameron, Appellant.
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19002 |
The State, Respondent v. Kenneth Danafelix Smith, Appellant.
|
19043 |
The State, Respondent, v. George Salisbury, Appellant.
|
19054 |
Franklin Brown, Appellant, v. Bernard Brown, Respondent.
|
19090 |
National Grange Mutual Insurance Company, Respondent, v. Phoenix Contract Glass, LLC, C. Brent Chitwood, Linda N. Chitwood, Ronald L. Clark, Susan F. Clark, Henry H. Graham,III, and Renee L. Graham, Defendants, Of Whom C. Brent Chitwood, Linda N. Chitwood, Ronald L. Clark and Susan F. Clark are Appellants.
|
19131 |
The State, Respondent, v. Boyd Rasheed Evans, Appellant.
|
19157 |
Clint James Phillips and Aubrey Marshall Sightler, Attorney in Fact, Respondents, v. Willie Mae Reeves Phillips, Herman Reeves, and Billie Ann Knighton, Defendants,Of whom, Willie Mae Reeves Phillips is the Appellant.
|
19160 |
LeGrand Ariail Rouse, III, Respondent, v. Tara E. Nauful, Appellant.
|
19168 |
The State, Respondent, v. Dixie Edge, Appellant.
|
19172 |
The State, Respondent v. Tarrence Jordan, Appellant.
|
19208 |
Verilli Construction, LLC, Respondent, v. MBVB, LLC and Marsh/Bell Construction Co., Inc., Appellants.
|
19222 |
The State, Respondent, v. Shenard Abraham, Appellant.
|
19223 |
The State, Respondent v. Terrance Goss, Appellant.
|
19224 |
In the Interest of F., Michael A., A Juvenile under the Age of Seventeen.
|
19229 |
The State, Respondent v. Kelesha Zavala-Tellez, Appellant.
|
19232 |
The State, Respondent, v. David Johnson, Appellant.
|
19233 |
The State, Respondent, v. Danny Long, Appellant.
|
19252 |
The State, Respondent, v. Keoasha LeeAnn Brewer, Appellant.
|
19254 |
The State, Respondent, v. Tony Lee Chappelle, Appellant.
|
19255 |
The State, Respondent, v. Lennon Colleton, Appellant.
|
19256 |
The State, Respondent, v. Angela Rene Cowart, Appellant.
|
19262 |
The State, Respondent, v. Marcus Green, Appellant.
|
19264 |
The State, Respondent, v. Octavious O. Collins, Appellant.
|
19266 |
The State, Respondent, v. Brandon Heath Clark, Appellant.
|
19267 |
The State, Respondent, v. Bobby Davis, Appellant.
|
19270 |
The State, Respondent v. Edward Twyman, Appellant.
|
19271 |
The State, Respondent, v. Alexander Partain, Appellant.
|
19273 |
The State, Respondent, v. Eddie Simmons, Appellant.
|
19274 |
The State, Respondent, v. Joel Antawan Robinson, Appellant.
|
19286 |
Bonnie Teresa Thomas Kemp, Appellant, v. Bradford Kemp, Respondent.
|
19295 |
The State, Respondent, v. Phillip Toomer, Appellant.
|
19297 |
The State, Respondent, v. Jeffery Dale Tolliver, Appellant.
|
19298 |
The State, Respondent, v. Mark Urban, Appellant.
|
19306 |
The State, Respondent, v. Jason Turmon, Appellant.
|
19310 |
The State, Respondent, v. James Keion Spann, Appellant.
|
19311 |
The State, Respondent, v. Dominic Leggette, Appellant.
|
19314 |
Jay and Meri Guerry, and Silo Oaks, LLC, Plaintiffs, v. James Agnew and Virginia Agnew, d/b/a Agnew Arabians, Appellants, v. Guerry and Guerry, LLC, Marsha Wright, The Marsha Wright Group, LLC, d/b/a Wright Group Realty, Centry 21 Bob Capes Realtors, and Centery 21, Third Party Defendants, Of Whom Century 21 is the Respondent.
|
19320 |
Charles Williams, #86721, Appellant, v. South Carolina Department of Probation Parole and Pardon Services, Respondent.
|
19354 |
The State, Respondent, v. Tyson Simpson, Appellant.
|
19357 |
The State, Respondent v. Donovan Roman, Appellant.
|