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March 2020 |
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 9, 2020 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-001607 Lucius Simuel, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Benjamin Hunter Limbaugh, both of Columbia, for Respondent. In this action for post-conviction relief (PCR), Lucius Simuel argues the PCR court erred in finding that trial counsel provided effective assistance where trial counsel erroneously advised Simuel that he would not be eligible for a mandatory life without parole sentence under section 17-25-45 of the South Carolina Code if he was convicted because trial counsel erroneously advised Simuel that his prior conviction for false imprisonment in Georgia would not qualify as a predicate violent crime in South Carolina. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-001519 Books-A-Million, Inc., Appellant,
v.
South Carolina Department of Revenue, Respondent. Burnet Rhett Maybank, III, and James Peter Rourke, both of Nexsen Pruet, LLC, of Columbia, for Appellant. Sean Gordon Ryan, of Columbia, for Respondent. Adam J. Neil, of Columbia, for Respondent. In this case arising from a sales tax audit by the South Carolina Department of Revenue (SCDOR), Books-A-Million, Inc. appeals from the order of the Administrative Law Court (ALC) that upheld SCDOR's assessment of taxes, penalties, and interest against Books-A-Million for failing to include sales of Millionaire's Club memberships in Books-A-Million's gross proceeds of sales. Books-A-Million argues the ALC erred in holding (1) the amounts collected by Books-A-Million for the membership cards are subject to sales tax; (2) renewals of membership are subject to sales taxes; and (3) the statutes are not ambiguous. |
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Tuesday, March 10, 2020 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2017-001500 The State, Respondent,
v.
Jermaine Marquel Bell, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, for Respondent. Solicitor Randy E. Newman, Jr., of Lancaster, for Respondent. Jermaine Bell appeals his conviction of murder for which he was sentenced to life imprisonment. Bell argues the circuit court erred in allowing the decedent's husband and daughter to testify regarding statements made by the decedent indicating that she believed Bell was stealing clothing from her. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-001943 ABB, Inc., and BFP, LP, a/k/a Bullington Family Partnership, Respondents,
v.
Integrated Recycling Group of SC, LLC, John Murphy Armstrong, Jr., and Michael T. Armstrong, Appellants. J. Falkner Wilkes, of Greenville, for Appellants. Gregory Jacobs English of Wyche Law Firm, of Greenville, for Respondents. Integrated Recycling Group of SC, LLC, John Murphy Armstrong, and Michael T. Armstrong appeal the circuit court's order granting summary judgment in favor of ABB, Inc. and BFP, LP, arguing the court erred by concluding the collateral at issue was not a fixture and by failing to find the respondents' security interest lost priority when its UCC-1 filing lapsed. |
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Tuesday, March 17, 2020 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2017-001585 The State, Respondent,
v.
Dwayne Cameron Tallent, Appellant. Matthew J. Kappel of Law Office of Matthew J. Kappel, PC, of Greenville, for Appellant. J. Falkner Wilkes, of Greenville, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Dwayne Tallent appeals his convictions for criminal sexual conduct with a minor, first-degree, criminal sexual conduct with a minor, second-degree, lewd act on a minor, and contributing to the delinquency of a minor. Tallent argues the circuit court erred by denying his motion to sever the contributing to the delinquency of a minor charge from the other charges and in admitting evidence of his past involvement in drug activity over his argument that such evidence would cause unfair prejudice. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2017-000617 South Carolina Public Interest Foundation, and William B. DePass, Jr., individually, and on behalf of all others similarly situated, Appellants,
v.
The City of Columbia, Richland County, and Fairfield County, Respondents. James G. Carpenter and Jennifer J. Miller, both of Carpenter Law Firm, PC, of Greenville, for Appellants. Burnet Rhett Maybank, III, and James Peter Rourke, both of Nexsen Pruet, LLC, of Columbia, for Respondent The City of Columbia. Ray E. Jones and Walter Hammond Cartin, both of Parker Poe Adams & Bernstein, LLP, of Columbia, for Respondents Richland County and Fairfield County. SC Public Interest Foundation and William B. DePass, Jr., appeal the grant of summary judgment to the City of Columbia, Richland County, and Fairfield County, arguing the inclusion of private student dormitories in a multi county industrial/business park and the granting of tax credits to the dormitories violates the South Carolina Constitution and statutes. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-001220 The State, Respondent,
v.
Patrick Oneal McGowan, Appellant. Appellate Defender Joanna Katherine Delany, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia, for Respondent. Solicitor David Matthew Stumbo, of Greenwood, for Respondent. Appellant Patrick O'Neil McGowan seeks reversal of his convictions for four counts of first degree assault and battery. Appellant argues the circuit court erred by failing to direct a verdict on the indictment referencing a child victim because (1) there was no evidence showing Appellant's knowledge of the child's presence inside the home into which Appellant allegedly fired gunshots and (2) the evidence of only three gunshots limited his possible convictions to three counts. Appellant also argues the circuit court erred by declining to instruct the jury that the State was required to prove specific intent as to each victim. |
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Wednesday, March 18, 2020 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2017-001816 Allison A. Taylor nka Allison M. Aldridge, Appellant,
and
Melissa F. Brown, Third-Party Appellant,
v.
David G. Taylor, Respondent,
and
Kendra Christmas, Third-Party Respondent. Leslie Therese Sarji, of Charleston, for Appellant Allison A. Taylor. J. Michael Taylor of Taylor/Potterfield, of Columbia, for Appellant Melissa Fuller Brown. Rene Stuhr Dukes of Rosen Hagood, LLC, of Charleston, for Respondent Kendra Christmas. Deborah Kay Lewis, of Charleston, for Respondent David G. Taylor. Allison A. Taylor, now known as Allison M. Aldridge (Mother), appeals the family court's order (Contempt Order) finding her in contempt for violating the visitation provisions of the divorce order (Divorce Order) ending her marriage to David G. Taylor (Father). On appeal, Mother asserts the family court erred in (1) finding her in contempt for violating the Divorce Order's provision for Thanksgiving visitation, (2) finding her in contempt for violating the Divorce Order's provision for their child's (Son) birthday visitation, (3) modifying the terms of the Divorce Order's visitation provisions, and (4) ordering her to pay Father's attorney's fees for the contempt proceedings as a compensatory contempt award. Mother and Melissa F. Brown (Brown), Mother's counsel in the contempt proceedings, also jointly appeal the family court's order sanctioning them for improperly issuing subpoenas and ordering them to pay Father and Kendra Christmas's (Christmas) attorney's fees relating to Father's motion to quash the subpoenas. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-001018 The State, Respondent,
v.
Justin Adams, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent. Justin Adams appeals his conviction for first-degree criminal sexual conduct (CSC) with a minor and his sentence of twenty-five years' imprisonment. On appeal, Adams argues the trial court erred in (1) denying his motion to suppress the victim's testimony, including two out of court interviews; (2) refusing to charge the jury on criminal intent; (3) refusing to charge the jury it had to be unanimous as to the facts contained in the indictment; and (4) denying his motion for a new trial because the victim's mother, who was under a sequestration order, was caught listening to the trial through the courtroom door. |
Cases to be Submitted Without Oral Argument | |
2017-002021 |
Randal William Benton, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001111 |
Veronica Rodriguez, Employee, Respondent,
v.
Peggy Evers, Employer, and NorGuard Insurance Company, Carrier, Appellants.
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2017-001561 |
Laurie D. Hollis, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000812 |
The State, Respondent,
v.
Casey Dajuan Geter, Appellant.
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2018-000622 |
The State, Respondent,
v.
Ty'shun Mario Bessellieu, Appellant.
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2017-002508 |
Kirk Willis, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002104 |
The State, Respondent,
v.
Samuel Lee Broadway, Appellant.
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2016-000124 |
The State, Respondent,
v.
Cheo D. Green, Appellant.
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2018-001614 |
Matthew Ryan Brown, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000050 |
John Michael Kirby, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002510 |
Phillip Andrew Bridges, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001844 |
The State, Respondent,
v.
David Scott Bagwell, Appellant.
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2017-002431 |
The State, Respondent,
v.
Quadrik Michael Sean Willis, Appellant.
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2017-002526 |
Janice Pitts, Appellant,
v.
Gerald Pitts, Respondent.
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2017-001940 |
Toshonda Mickens, Petitione ,
v.
State of South Carolina, Respondent.
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2017-002608 |
Federal National Mortgage Association ("Fannie Mae"), a corporation organized and existing under the laws of the United States of America, Respondent,
v.
D. Randolph Whitt; and Pearce W. Fleming, Defendants,
Of whom D. Randolph Whitt is the Appellant.
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2017-000294 |
Alexander Pastene, Appellant,
v.
Marion R. McMillan and Synergy Spine Center, P.A., Respondents.
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2017-002204 |
The State, Respondent,
v.
Phillip Wesley Walker, Appellant.
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2018-000827 |
The State, Respondent,
v.
John Joseph Hart, Appellant.
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2017-002224 |
The State, Respondent,
v.
Montrell Deshawn Troutman, Appellant.
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2018-001203 |
The State, Respondent,
v.
David Jamel McCoy, Appellant.
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2018-000085 |
The State, Respondent,
v.
Theodore Glover, Appellant.
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2018-000264 |
The State, Respondent,
v.
Hilton Rhoderequs Hayes, Appellant.
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2018-000070 |
The State, Respondent,
v.
Kevin McDaniels, Appellant.
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2018-001607 |
The State, Respondent,
v.
William Sidney Crump, Jr., Appellant.
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2018-002075 |
The State, Respondent,
v.
James Michael Brooks, Appellant.
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2018-001705 |
Derrick L. Walker, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000986 |
The State, Respondent,
v.
Brandon Dean Childers, Appellant.
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2017-002057 |
Christopher Paul Mahaffey, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001663 |
The State, Respondent,
v.
Leslie Michael Martin, Appellant.
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2017-002375 |
William Welch, Petitioner,
v.
State of South Carolina, Respondent.
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