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March 2016 |
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 7, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-204386 Darrell L. Goss, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General James Rutledge Johnson, both of Columbia, for Respondent. Darrell L. Goss appeals his denial of post-conviction relief (PCR), arguing the PCR court erred in finding trial counsel was not ineffective for failing to properly investigate the case and discover and present an alibi defense. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-000197 The State, Respondent,
v.
Shawn Patrick White, Appellant. Kathleen Chewning Barnes of Barnes Law Firm, LLC, of Hampton, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Interim Senior Assistant Deputy Attorney General John Benjamin Aplin, both of Columbia, for Respondent. Solicitor David Matthew Stumbo, of Greenwood, for Respondent. Shawn White appeals his conviction for homicide by child abuse, arguing the trial court erred in denying his motion for a directed verdict because the State's evidence showed only his presence with the victim during a portion of the time when her injuries occurred and merely raised a suspicion of his guilt. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-001282 Mariam R. Noorai, Appellant,
v.
School District of Pickens County, School District of Oconee County, and Gray Culler, Donald Boggs, Richard Hudak, Earnestine Williams, Marilyn Raines and Dr. Kelly Pew in their individual capacities, Respondents. R. Mills Ariail, Jr. of Law Office of R. Mills Ariail, Jr., of Greenville, for Appellant. David T. Duff and Laura Callaway Hart, both of Duff, White & Turner, LLC, of Columbia, for Respondents School District of Pickens County, Gary Culler, Donald Boggs, Richard Hudak, Marilyn Raines, and Dr. Kelly Pew. Thomas Kennedy Barlow and Mary Allison Caudell, both of Childs & Halligan, PA, of Columbia, for Respondents School District of Oconee County and Earmestine Williams. Appellant Mariam R. Noorai appeals the circuit court's grant of Respondents' motions for summary judgment. Appellant argues the circuit court erred by granting summary judgment on her claims for negligent misrepresentation, breach of contract, breach of contract accompanied by fraudulent acts, and intentional infliction of emotional distress. Appellant further claims the circuit court failed to conduct a full and proper summary judgment hearing. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2014-001274 The State, Respondent,
v.
Shelton Butler, Appellant. Elizabeth Brooks Hurt of Query Sautter Forsythe, LLC, of Charleston, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Caroline M. Scrantom, all of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent. Shelton Butler appeals his conviction for murder, arguing (1) the trial court should not have allowed the jury to hear testimony about the murder, which was directly committed by another individual, before establishing that Butler was involved in a pre-arranged plan to commit a crime; and (2) his motion for a directed verdict should have been granted because the State failed to present substantial evidence that he participated in a common plan or scheme. |
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Tuesday, March 8, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-000426 In the Matter of the Estate of Geraldine M. Harris
Pattii H. Spring, Appellant,
v.
Harry L. Harris, Jr., as Personal Representative of the Estate of Geraldine M. Harris, Respondent. Stanley Clarence Rodgers of Law Office of Stanley C. Rodgers, LLC, of Charleston, for Appellant. Walter Graham Newman of Walter G. Newman Attorney at Law, LLC, of Sumter, for Respondent. Thomas E. Player, Jr., of Player & McMillan, LLC, of Sumter, for Respondent. Patti Spring appeals the circuit court's finding that funds in two joint bank accounts were not estate assets of the Estate of Geraldine Harris. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-000978 The State, Respondent,
v.
Shawndell Quintel McClenton, Appellant Joshua Brent Raffini of Pruitt & Pruitt, of Anderson, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Interim Senior Assistant Deputy Attorney General John Benjamin Aplin, Assistant Attorney General Mary W. Leddon, and Assistant Attorney General Mark R. Farthing, all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Shawndell Quintel McClenton appeals his two convictions for first-degree burglary, as well as his breaking and entering a motor vehicle conviction, arguing the trial court erred in (1) denying his motion for directed verdict on both counts of burglary because there was no direct or substantial circumstantial evidence he entered either residence during nighttime hours and (2) admitting an unreliable identification of him based on an unnecessarily suggestive procedure and circumstances that created a substantial risk of irreparable misidentification. |
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Wednesday, March 9, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-001152 The State, Respondent,
v.
Willie M. Williams, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General J. Anthony Mabry, all of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Willie M. Williams appeals his conviction for murder arguing the trial court erred in excluding an alleged threat made against Williams by the victim and in refusing to charge involuntary manslaughter. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-002221 George S. Glassmeyer, Respondent,
v.
City of Columbia, Appellant. W. Allen Nickles, III, of Nickles Law Firm, of Columbia, for Appellant. Kirby Darr Shealy, III, and Lyndey Ritz Zwingelberg, both of Adams and Reese, LLP, of Columbia, for Respondent. The City of Columbia (the City) appeals the trial court's declaration the City violated the Freedom of Information Act (FOIA) by failing to disclose to George Glassmeyer certain emails and other complaints made against the former police chief. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-001919 The State, Appellant,
v.
Jennifer Lynn Alexander, Respondent. Assistant General Counsel Catherine Fant and Assistant General Counsel Marcus Keith Gore, both of Blythewood, for Appellant. Norbert E. Cummings, Jr., of Summerville, for Respondent. Henry Richard Schlein, of Summerville, for Respondent. In this appeal the State argues the circuit court erred in affirming the magistrate court's dismissal of this case because the magistrate erred in determining the initial detention of Respondent, Jennifer Alexander, was unlawful. Specifically, the State argues the initial detention of Respondent was lawful under section 17-3-45 of the South Carolina Code (2014). |
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Tuesday, March 15, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-212411 Jason Maness, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Patrick Lowell Schmeckpeper, both of Columbia, for Petitioner. Bruce A. Byrholdt of Byrholdt Drawdy, LLC, of Anderson, for Respondent. The State appeals the granting of post-conviction relief (PCR), arguing the PCR court erred in finding trial counsel was ineffective for failing to investigate (1) an internal affairs investigation of the police officers involved in Jason Maness's case and (2) the ownership of the automobile involved in the offense. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-001483 Carolyn Taylor-Cracraft, Appellant,
v.
Gerald Cracraft, Respondent. Victoria L. Eslinger, Jennifer Joan Hollingsworth, and James G. Long, III, all of Nexsen Pruet, LLC, of Columbia for Appellant. John S. Nichols and Blake Alexander Hewitt of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Respondent. William Randall Phipps of Phipps & Brach, PA, of Hilton Head Island, for Respondent. In this divorce action, Carolyn Taylor-Cracraft appeals the family court's order, arguing (1) the family court lacked jurisdiction to apportion her 2.26 acres of riverfront property because it was non-marital property that was not transmuted into marital property; (2) the family court erred in arbitrarily setting the value of their jointly-owned corporation, River Winds Landing, Inc., at $800,000.00; (3) the family court's 61 to 39 percent division of the marital estate was not equitable and the family court erred in "awarding" her all of the marital debt; and (4) the family court erred in not awarding attorney's fees to her. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-002294 Timothy McMahan, Appellant/Respondent,
v.
SC Department of Education--Transportation, Employer, and State Accident Fund, Carrier, Respondents/Appellants. Kevin B. Smith of Hoffman Law Firm, of North Charleston, for Appellant/Respondent. George Trask Miars, Jr. of Willson Jones Carter & Baxley, P.A., of Mount Pleasant, for Respondents/Appellants. John Gabriel Coggiola of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondents/Appellants. In this cross-appeal arising from a workers' compensation action, the estate of Appellant/Respondent Timothy McMahan (the Estate) appeals the Appellate Panel of the Workers' Compensation Commission's decision to deny the Estate total disability benefits based on its conclusion that McMahan had not attained maximum medical improvement prior to his death. Respondents/Appellants South Carolina Department of Education and the State Accident Fund (collectively "SCDOE") cross-appeal, arguing the Appellate Panel erred in omitting a finding that McMahan was barred from receiving posthumous permanent disability benefits pursuant to section 42-9-280 of the South Carolina Code (2015). In the alternative, SCDOE claims that, even if the Estate could recover benefits after his death, McMahan's paraplegia would cause his disability award to abate pursuant to section 42-9-10(C) of the South Carolina Code (2015). |
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Wednesday, March 16, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-002488 West Anderson Water District, Appellant,
v.
City of Anderson, South Carolina, Respondent. Boyd Benjamin Nicholson, Jr. and Sarah Patrick Spruill, both of Haynsworth Sinkler Boyd, PA, of Greenville, for Appellant. Frank H. Gibbes, III, of Gibbes Burton, LLC, of Spartanburg, for Respondent. J. Franklin McClain, of Anderson, for Respondent. In this declaratory judgment action, Appellant West Anderson Water District (the District) seeks review of the circuit court's order interpreting a contract between the District and Respondent City of Anderson (the City) to allow the City to provide water service to a certain site within the District's boundaries. The District argues the members of the District's governing board who executed the contract did not have authority to bind successor boards. The District also argues that the circuit court's interpretation of the disputed contractual provision substantially compromised the District's central, primary function. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-207814 Jacqueline Tedder, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Patrick Lowell Schmeckpeper, both of Columbia, for Respondent. Jacqueline Tedder appeals the PCR judge's findings that she was not entitled to a belated appeal of the denial of her first application for post-conviction relief. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-208608 Rent-A-Center West Inc., Appellant,
v.
South Carolina Department of Revenue, Respondent. John C. Von Lehe, Jr. and Bryson Moore Geer, both of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Appellant. William J. Condon, Jr., of Columbia, for Respondent. Sean Gordon Ryan, of Columbia, for Respondent. Rent-A-Center West, Inc. appeals the administrative law court's (ALC) finding the standard statutory apportionment formula did not fairly represent its business activities in South Carolina and the Department of Revenue's alternative apportionment method for calculating its income tax was reasonable. It also maintains the ALC erred in finding it was not a unitary business. It further asserts the ALC erred by concluding the Department did not violate its constitutional rights. |
Wednesday, March 9, 2016 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-167667 Herman Lee Hughes, Jr., Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent. Herman Lee Hughes, Jr. appeals the dismissal of his 2007 application for post-conviction relief (PCR), arguing this court should remand the case to the PCR court for a hearing to determine whether he knowingly and voluntarily waived the right to appeal the denial of his 1998 PCR claim. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-002354 Hector G. Fragosa, Claimant, Appellant,
v.
Kade Construction, LLC, Employer, and Key Risk Insurance Company of S.C., Carrier, Defendants, Respondents. Stephen Benjamin Samuels of Samuels Law Firm, LLC. of Columbia, for Appellant. Jeffrey Christopher Chandler of Chandler Law Firm, of Myrtle Beach, for Appellant. Michael W. Burkett and John Gabriel Coggiola, both of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondents. Hector Fragosa appeals the South Carolina Workers' Compensation Commission Appellate Panel's (Appellate Panel) order, arguing the Appellate Panel erred in (1) finding he did not suffer physical brain damage, and was thus not entitled to lifetime benefits; and (2) failing to comply with this court's instructions on remand. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-002389 The State, Respondent,
v.
James Simmons, Jr., Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Interim Senior Assistant Deputy Attorney General John Benjamin Aplin, and Assistant Attorney General William M. Blitch, Jr., all of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent. James Simmons, Jr. appeals his conviction for two counts of first-degree criminal sexual conduct (CSC) with a minor, arguing that the circuit court erred in (1) allowing a pediatrician to testify to statements made by the child victim and (2) finding a child witness competent to testify. |
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Wednesday, March 16, 2016 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-213667 Kamala Creighton, Petitioner,
v.
State of South Carolina, Respondent. Bobby G. Frederick of Frederick Law Office, of Myrtle Beach, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Megan Harrigan Jameson, both of Columbia, for Respondent. In this post-conviction relief (PCR) action, Kamala Creighton, a Jamaican citizen living in the United States, argues the PCR court erred in dismissing her PCR application because (1) her PCR application was timely filed pursuant to section 17-27-45(C) of the South Carolina Code (2014) and (2) plea counsel rendered ineffective assistance by giving her incorrect advice about the immigration consequences of her guilty plea. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-001728 Frank "Doc" Haynie, Appellant,
v.
The City of Forest Acres, Mark M. Williams, Shaun Greenwood, and Clark Frady, in their individual capacities, Respondents. J. Lewis Cromer and James Paul Porter, both of J. Lewis Cromer & Associates, LLC, of Columbia, for Appellant. Curtis Lyman Ott, Alfred Johnston Cox, Janice Holmes, and Jessica Ann Waller, all of Gallivan, White & Boyd, PA, of Columbia, for Respondent The City of Forest Acres. Kirby Darr Shealy, III, and Lyndey Ritz Zwingelberg, both of Adams and Reese LLP, of Columbia, for Respondents Mark M. Williams, Shaun Greenwood, and Clark Frady. In this civil matter, Frank "Doc" Haynie appeals the circuit court's grant of summary judgment in favor of the City of Forest Acres (the City) as well as Mark W. Williams, Shaun Greenwood, and Clark Frady in their individual capacities (collectively "Individual Respondents"). Haynie contends the circuit court erred in (1) misapplying the law on his negligent supervision claim, (2) finding Individual Respondents were entitled to immunity under the South Carolina Tort Claims Act (SCTCA), and (3) issuing conflicting contemporaneous orders. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-000100 South Carolina Department of Social Services, Respondent,
v.
Salisha Hemphill, Quanterio Williams, Jonathan Tillman, Desmond Skinner, and Martavious Ruff, Defendants,
Of whom Salisha Hemphill is the Appellant.
In the interest of minors under the age of eighteen. Melinda Inman Butler of The Butler Law Firm, of Union, for Appellant. David E. Simpson, of Rock Hill, for Respondent. Laura Kaiser Anderson, of Charlotte, North Carolina, for Guardian Ad Litem. Appellant Salisha Hemphill (Mother) appeals the family court's finding that she physically neglected her six minor children, arguing poverty alone is not sufficient to satisfy the definition of child abuse or neglect pursuant to S.C. Code Ann. ยง 63-7-20(4) (2014). Mother additionally argues the family court erred in (1) refusing to allow her to cross-examine the children after she requested to do so and (2) finding the South Carolina Department of Social Services (DSS) made reasonable efforts to prevent or eliminate the need for removal of the children from Mother's home. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-001895 The State, Respondent,
v.
James Richard Bartee, Jr., Appellant. Jack B. Swerling, of Columbia, for Appellant..Katherine Carruth Goode, of Winnsboro, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Solicitor Christina Theos Adams, of Anderson, for Respondent. James Richard Bartee, Jr., appeals his conviction for solicitation to commit a felony, arguing the trial court erred (1) in allowing questioning concerning a suspension in his employment history and in denying his motion for a mistrial based on this questioning; (2) in allowing a witness to give a subjective, speculative interpretation of certain statements he allegedly made in an audio recording; and (3) in admitting a disk containing the audio recording of telephone conversations with him, in admitting a purported transcript of that recording, and in limiting his cross-examination of a witness with respect to that recording. |
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Cases to be Submitted Without Oral Argument | |
2014-002730 |
Adriane Green, individually and as personal representative of the estate of Adonous Green, Deceased, Respondent,
v.
John Doe, James Cleveland and James I. Ford, III aka "Big Ford", Defendants,
Of whom James I. Ford, III, aka "Big Ford" is the Appellant.
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2015-000788 |
Juan Michael Ramirez, Appellant,
v.
Progressive Northern Insurance Company, Respondent.
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2014-002447 |
The State, Respondent,
v.
James Eddie Bailey, Appellant.
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2015-001519 |
James A. Sellers, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2014-002607 |
Donna S. McAbee, Respondent,
v.
Larry W. McAbee, Appellant.
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2014-000824 |
Otha Delaney, Appellant,
v.
First Financial of Charleston, Inc., Respondent.
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2014-002058 |
Hubert Bethune, Respondent,
v.
Waffle House, Inc., Appellant.
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2013-002811 |
Bayview Loan Servicing, LLC, Respondent,
v.
Scott A. Schledwitz, Roxanne J. Schledwitz a/k/a Roxanne Johnson Schledwitz, Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for Taylor, Bean & Whitaker Mortgage Corp., The United States of America, by and through its agency, the Internal Revenue Service, and The South Carolina Department of Revenue, Defendants,
Of whom Scott A. Schledwitz and Roxanne Johnson Schledwitz are the Appellants.
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2014-002704 |
The State, Respondent,
v.
Michael Wayne Sherrill, Appellant.
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2013-002694 |
Nationstar Mortgage, LLC, Respondent,
v.
Rhonda Lewis Meisner, Appellant.
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2014-001154 |
Lydia Miller and Doris Knight, Plaintiffs,
Of Whom Lydia Miller is the Respondent,
v.
Willie Fields, Paula White, and The Refurbished Center Inc., Defendants,
Of Whom Willie Fields is the Appellant.
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2014-001229 |
The State, Respondent,
v.
Pendral Coakley, Appellant.
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2015-000546 |
Lauren Goodman, Respondent,
v.
Willie Marion Brown, Appellant.
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2013-002524 |
The State, Respondent,
v.
Alan Dale Smith, Appellant.
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2014-001880 |
The State, Respondent,
v.
Paul Ioan Tat, Appellant.
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2014-002402 |
Jennifer Middleton, as parent and GAL for Jane Doe, Appellant,
v.
Orangeburg Consolidated School District Three, Respondent.
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2015-000295 |
TD Bank, N.A., Successor by merger to Carolina First Bank, N.A., Respondent,
v.
Sunil V. Lalla and Sharon W. Lalla, Appellants.
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2015-001251 |
Phillip A. Brown, #118100, Appellant,
v.
South Carolina Department of Probation, Parole and Pardon Services, Respondent.
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2014-002547 |
The State, Respondent,
v.
Annie Jackson, Appellant
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2014-000602 |
Nakia Jones, Appellant,
v.
State of South Carolina, Respondent.
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2013-002633 |
Phil Vasey and Pamela Vasey, Appellants,
v.
Colton Builders, LLC and Collinswood Cabinetry, LLC, Defendants,
Of whom Colton Builders, LLC is the Respondent.
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2014-001666 |
The State, Respondent,
v.
Willie Marion Brown, Appellant.
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2012-212760 |
The State, Respondent,
v.
Alan L. Burns, Appellant.
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2013-002748 |
The State, Respondent,
v.
Justin R. Simms, Appellant.
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2014-001871 |
City of North Charleston, Respondent,
v.
John Barra, Appellant.
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2015-000693 |
Keith Case, Employee, Appellant,
v.
J. Crawford Logging, Employer, and Palmetto Timber Fund, SIF, Carrier, Respondents.
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2014-001558 |
Vera Short, Respondent,
v.
Donnie Lee Short, Appellant
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2011-185926 |
The State, Respondent,
v.
Brittany Johnson, Appellant.
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2014-002411 |
The State, Respondent,
v.
Avis Credell Prioleau, Appellant.
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2013-000975 |
The State, Respondent,
v.
Antonio Gordon, Appellant.
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2015-000318 |
Leslie Nicole Hilton, Respondent,
v.
Brandon Roland Farmer, Appellant.
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2014-002451 |
Ernestine N. Palmer, as Trustee of the Article IV Trust created under the Will of Mary Denman Newman, deceased, Ronald O. Palmer, Ernestine N. Palmer, as Trustee of the Article IV Trust created under the Will of James E. Newman, deceased, Respondents,
v.
Hatcham Grove, Inc., and David H. Lucas, Appellants.
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