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March 2021 |
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 1, 2021 | |
Virtual Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2017-000902 Daniel O'Shields and Roger W. Whitley, A Partnership d/b/a O&W Cars, Appellants,
v.
Columbia Automotive, LLC d/b/a Midlands Honda, Respondent. C. Steven Moskos, of C. Steven Moskos, PA, and Brooks Roberts Fudenberg, of Law Office of Brooks R. Fudenberg, LLC, both of Charleston, for Appellants. Robert Lawrence Reibold and James Y. Becker, both of Haynsworth Sinkler Boyd, PA, of Columbia; Sarah Patrick Spruill, of Haynsworth Sinkler Boyd, PA, of Greenville; and Harry Clayton Walker, Jr., of Haynsworth Sinkler Boyd, PA of Charleston, all for Respondent.
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-000965 Victor G. Benjamin, Employee, Appellant,
v.
Rexam Beverage Can Company d/b/a Rexam Beverages, Employer, and Hartford Insurance Company of the Midwest c/o Sedgwick CMS, Carrier, Respondents. Stephen Benjamin Samuels, of Samuels Law Firm, LLC, of Columbia; and Jeffrey Christopher Chandler, of Chandler Law Firm, of Myrtle Beach, both for Appellant. Helen F. Hiser, of McAngus Goudelock & Courie, LLC, of Mount Pleasant; and Jason Wendell Lockhart, of McAngus Goudelock & Courie, LLC, of Columbia, both for Respondents. In this workers' compensation appeal, Appellant Victor Benjamin was hurt in the course of his employment with Respondent Rexam Beverages. Appellant argues the Appellate Panel of the South Carolina Workers' Compensation Commission ("the Commission") erred by affirming the order of the single commissioner: (1) denying him lifetime benefits; (2) finding he failed to prove that he is an incomplete quadriplegia; and (3) denying his request for a mobility scooter. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-002000 Victor McCoy Weldon, Petitioner,
v.
State of South Carolina, Respondent. Taylor Davis Gilliam, of Columbia, for Petitioner. Senior Assistant Deputy Attorney General Megan Harrigan Jameson and Brianna Lynn Schill, both of Columbia, for Respondent. In this post-conviction relief action, Victor M. Weldon (Petitioner) argues the PCR court erred in finding trial counsel provided effective assistance of counsel. Specifically, Petitioner argues trial counsel was ineffective in failing to call Petitioner and his alibi witnesses to testify at trial. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2018-001024 John Jordan, Appellant,
v.
Melissa Postell, Respondent. Justin M. McGee, of McGee Law Firm, LLC, of Charleston, for Appellant. Donald Jay Budman, of Solomon Budman & Stricker, LLP, of Charleston, for Respondent. In this divorce action, John Jordan (Husband) argues the family court erred by: (1) finding a house purchased by Melissa Postell (Wife) eight years before the marriage was not transmuted marital property; (2) incorrectly calculating Husband's special equity interest in said residence; (3) finding a house sold to Husband by Wife's father three weeks before the marriage was marital property; (4) not distributing the parties' retirement accounts equally; (5) failing to award Husband alimony; (6) failing to find that the parties were jointly responsible for their respective 2016 state and federal income tax liability?and jointly entitled to any refunds; (7) and failing to award Husband attorney's fees |
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Tuesday, March 2, 2021 | |
Virtual Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-000948 Modesta Brinkman, David Brinkman, James Coleman, Carl Foster, Karen Foster, Robert Collins and Pamela Collins, Appellants,
v.
Weston & Sampson Engineers, Inc., City of Columbia, South Carolina, North American Pipeline Management and Layne Inliner, Defendants,
Of Which the City of Columbia, South Carolina, is the Respondent. John Adams Hodge and Sharon A. Hodge, both of John Adams Hodge & Associates, LLC, of Columbia; and Geoffrey Kelly Chambers, of Green Cove Springs, Florida, all for Appellants. Dana M. Thye, of Columbia, and William Michael Hemlepp, Jr., of Jeffcoat Law Firm, LLC, of Columbia, for Respondent. In this civil action, property owners Modesta and David Brinkman, Carl and Karen Foster, James Coleman, and Robert Collins (collectively, Owners) appeal the circuit court's grant of summary judgment in favor of the City of Columbia as to Owners' claims under section 16-11-780 of the South Carolina Code (2015). |
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11:20 a.m. | (Time Limits: 15-15-5) |
2018-001465 The State, Respondent,
v.
Eric Dale Morgan, Appellant. Lindsey Sterling Vann and Hannah Lyon Freedman, both of Justice 360, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Sherrie Butterbaugh, all of Columbia; and Solicitor Barry Joe Barnette, of Spartanburg, all for Respondent. Eric Dale Morgan was sentenced to death and then re-sentenced to life without parole for committing murder when he was seventeen. Here, he argues our supreme court's decision in Aiken v. Byars entitles him to a new sentencing proceeding, that the circuit court erred in dismissing his request for that relief, and that the circuit court erred in permitting the sentencing judge to testify about what he considered before imposing Morgan's LWOP sentence. |
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Wednesday, March 3, 2021 | |
Virtual Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-001216 The State, Respondent,
v.
Andre Nicholas Crawford, Appellant. Chief Appellate Defender Robert Michael Dudek, 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; and Solicitor Isaac McDuffie Stone, III, of Bluffton, all for Respondent. Andre N. Crawford appeals his conviction of murder, attempted murder, obstruction of justice, and possession of a weapon during a violent crime. On appeal, Crawford argues the trial court abused its discretion by admitting photographic line-ups and an in-court identification of Crawford because the identification procedure was unduly suggestive and conducive to misidentification. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-001388 Stephen Wilkinson, as Trustee of George B. Buchanan, Jr. Irrevocable Family Trust Dated the 15th day of July, 2001, Respondent,
v.
Redd Green Investments, LLC, Anderson North Augusta, LLC, Herbert Anderson, Jr., A. Bruce Green, Herbert Keith Anderson, and L. Cliff Redd, Defendants,
Of which Redd Green Investments, LLC, A. Bruce Green, and L. Cliff Redd are Appellants. Wallace K. Lightsey and William Marvin Wilson, III, both of Wyche Law Firm, of Greenville; and M. Alan Peace, of Harrell, Martin, & Peace, P.A., of Chapin, all for Appellants. John T. Moore, Allen Mattison Bogan, and Nicholas Andrew Charles, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia; and Erik Tison Norton, of Harrell, Martin, & Peace, P.A., of Chapin, all for Respondent. In this action enforce a guaranty agreement, Redd Green Investments, LLC, A. Bruce Green, and L. Cliff Redd (collectively, Guarantors) appeal the trial court's grant of a directed verdict in favor of Stephen Wilkinson as Trustee of the George B. Buchanan, Jr. Irrevocable Family Trust dated the 15th of July, 2001 (the Trust). Guarantors argue the trial court erred by finding that, as a matter of law, the Trust's violation of Section 15-39-720 of the South Carolina Code (2005) could not operate as a defense to its enforcement of the guaranty agreements. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-001567 John Doe, A Minor, Appellant,
v.
Allendale County School District, Respondent. William Koatesworth Swope, of The Swope Law Firm, PA, Susan King Dunn, and Shirene Carole Hansotia, all of Charleston, for Appellant. Kenneth Allen Davis, Charles J. Boykin, and Tierney Felicia Dukes, all of Boykin & Davis, LLC, of Columbia; and Kierra N. Brown, of Copeland, Stair, Kingma & Lovell, LLP, of Charleston, all for Respondent. In this school discipline action, John Doe appeals the circuit court's order affirming his one year expulsion from Allandale County School District. On appeal he argues the circuit court erred by failing to rule the School District's zero tolerance policy violated his substantive due process rights. |
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Thursday, March 4, 2021 | |
Virtual Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-001464 Vanessa Williams, Vanessa Williams as Conservator and Guardian of Sandra P. Perkins, and Vanessa Williams as Personal Representative of the Estate of Sandra P. Perkins, Respondent,
v.
Bradford Q. Jeffcoat, Jr. and Blue Heron Builders, LLC, Defendants,
Of whom Bradford Q. Jeffcoat, Jr. is the Appellant. Jason Scott Luck, of Luck VI Ltd. Co. d/b/a Jason Scott Luck, Attorney at Law, of Bennettsville, for Appellant. Andrew Michael Sullivan, of Clawson & Staubes, LLC, of Columbia; and John Andrew Wenzel, of Foley, Alabama, both for Respondent.
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-001577 The Homestead Property Owners Association, Inc., Respondent,
v.
Wanda J. Miller and Orlando F. Miller, Appellants. Brian C. Gambrell, of The Law Offices of Jason E. Taylor, P.C., of Columbia, for Appellants. George C. James, III, and Heath McAlvin Stewart, III, both of McAngus Goudelock & Courie, LLC, of Columbia; and Stephanie Carol Trotter, of McCabe, Trotter & Beverly, P.C,. of Columbia, all for Respondent. In this HOA foreclosure action, Wanda and Orlando Miller appeal the grant of the HOA's motion for summary judgment on the Miller's counterclaims for abuse of process and breach of contract, arguing the Master-in-Equity erred in: 1) ruling the Master had jurisdiction to hear the HOA's motion for summary judgment; 2) prematurely finding there was no dispute of material fact when discovery in the case was just beginning; and 3) rejecting the Millers' argument that, in South Carolina, HOAs do not have the power to foreclose on a home. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-001345 The State, Respondent,
v.
Bobby Jones, Sr., Appellant. Adam Sinclair Ruffin, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Jonathan Scott Matthews, both of Columbia; and Solicitor Isaac McDuffie Stone, III, of Bluffton, all for Respondent. In this criminal appeal, Bobby Jones, Jr. appeals his conviction for criminal sexual conduct with a minor, second degree. Jones argues the trial court erred in (1) finding he violated Batson v. Kentucky through his use of peremptory challenges and quashing the jury, and (2) qualifying the State's witness as an expert in child sexual abuse dynamics. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2018-001526 Monica Murphy, Employee, Appellant,
v.
Halocarbon Products Corporation, Employer, and Commerce & Industry Insurance Company c/o AIG Claims, Inc., Carrier, Respondents. Frederick Ivey Hall, III, of The Rick Hall Law Firm, LLC, of Lexington, for Appellant. Helen F. Hiser, of McAngus Goudelock & Courie, LLC, of Mount Pleasant; and James H. Lichty, of McAngus Goudelock & Courie, LLC, of Columbia, both for Respondents. In this workers' compensation case, Monica Murphy (Claimant) argues the South Carolina Workers' Compensation Commission (the Commission) erred in affirming the single commissioner's order finding she was not entitled to workers' compensation benefits. Specifically, Claimant asserts the Commission erred in (1) excluding from evidence a written report she introduced to rebut her employer's experts and (2) ruling she failed to meet her burden of proving a compensable injury from a worktime exposure to hydrofluoric acid. |
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Wednesday, March 10, 2021 | |
Virtual Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-001567 John Doe, A Minor, Appellant,
v.
Allendale County School District, Respondent. William Koatesworth Swope, of The Swope Law Firm, PA, Susan King Dunn, and Shirene Carole Hansotia, all of Charleston, for Appellant. Kenneth Allen Davis, Charles J. Boykin, and Tierney Felicia Dukes, all of Boykin & Davis, LLC, of Columbia; and Kierra N. Brown, of Copeland, Stair, Kingma & Lovell, LLP, of Charleston, all for Respondent. In this school discipline action, John Doe appeals the circuit court's order affirming his one year expulsion from Allandale County School District. On appeal he argues the circuit court erred by failing to rule the School District's zero tolerance policy violated his substantive due process rights. |
Tuesday, March 2, 2021 | |
Virtual Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-001440 The State, Respondent,
v.
Brandon Jewel Lee, Appellant. Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia; and Solicitor James Strom Thurmond, Jr, of Aiken, all for Respondent. Brandon J. Lee appeals his convictions for first degree burglary and unlawful possession of a prescription drug (Xanax) without a prescription. He argues that the circuit court erred by instructing the jury that their role was to determine the true facts in the case because the instruction diverted the jury from its obligation to determine whether the State proved guilt beyond a reasonable doubt. |
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10:40 a.m. | |
2018-001729 Buck Investments, LLC, Respondent,
v.
ROA, LLC; Deborah Rice-Marko; and PNC Bank, N.A., Successor to RBC Bank, Defendants,
Of whom ROA, LLC is the Appellant. Louis H. Lang and Demetri K. Koutrakos, both of Callison Tighe & Robinson, LLC, of Columbia, for Appellant. Morgan S. Templeton, of Wall Templeton & Haldrup, PA, of Charleston, for Respondent. ROA, LLC (ROA) appeals the jury's award of $900,000 to Buck Investments, LLC (Buck) for a breach of contract, arguing the trial court erred by (1) granting Buck's motion for a directed verdict on ROA's impossibility defense and (2) denying ROA's motion for judgment notwithstanding the verdict regarding waiver and estoppel defenses. |
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Cases to be Submitted Without Oral Argument | |
2018-001141 |
Evelyn Denise Hemphill, Appellant,
v.
Kenneth Bernard Hemphill, Respondent.
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2018-001692 |
The State, Respondent,
v.
Aundra Hunter, Jr., Appellant.
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2018-000033 |
State of South Carolina, Petitioner,
v.
Daggart Bernard Frazier, Respondent.
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2019-001087 |
Christopher Ocampo, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001823 |
First-Citizens Bank & Trust Company, Respondent,
v.
Linda P. Faulkner a/k/a Linda Faulkner, Founders Federal Credit Union, and CACH, LLC, Defendants,
Of whom Linda P. Faulkner is the Appellant.
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2019-001333 |
Sheldon Huger, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001192 |
The State, Respondent,
v.
Shundrez Jervino Drinkard, Appellant.
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2019-001663 |
James Tytil Wright, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001686 |
Levi Bing, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2018-001776 |
Brett Thomas Curtiss, #373259, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2019-000484 |
The State, Respondent,
v.
Willie Edward Byrd, III, Appellant.
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2020-000142 |
Bennie L. Griffin, Petitioner,
v.
State o South Carolina, Respondent.
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2019-000576 |
The State, Respondent,
v.
Willie Jerome Wilson, Appellant.
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2018-001212 |
The State, Respondent,
v.
Kwamaine Jarelle Ross, Appellant.
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2018-000895 |
Jeanette's Loving In-Home Care Agency, Appellant,
v.
South Carolina Department of Health and Human Services, Respondent.
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2019-000378 |
The State, Respondent,
v.
Michael Lee Trotter, Appellant.
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2018-000065 |
David Lee Meggett, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000564 |
The State, Respondent,
v.
George Cleveland, III, Appellant.
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2018-001724 |
Captain's Harbour and Racquet Club Homeowners' Association, Inc., Respondent,
v.
Jerald W. Jones, Appellant.
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2018-002256 |
The State, Respondent,
v.
Lance R. Elam, Appellant.
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2019-000580 |
The State, Respondent,
v.
Tony Dequan Manago, Jr., Appellant.
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2018-001738 |
Margaret Carr, Respondent,
v.
TW Graham and Company LLC, Appellant.
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2019-002025 |
Tito O. Marin, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001950 |
The State, Respondent,
v.
Santonio Torez Williams, Appellant.
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2019-001172 |
The State, Respondent,
v.
Mario Chanel Moise, Appellant.
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2018-002014 |
The State, Respondent,
v.
Jerrell Trovase Brockman, Appellant.
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2018-000251 |
South State Bank, Respondent,
v.
Sand Dollar 31, LLC, and Rhonda Meisner,
of whom Rhonda Meisner is Appellant.
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2018-001824 |
John Cross, Appellant,
v.
Gregory A. Weaver, Earl E. Weaver, Terrie Fallow and Jason Seagraves, Respondents,
And
Steven P. Cross, Appellant,
v.
Gregory A. Weaver, Earl E. Weaver, Terrie Fallow and Jason Seagraves, Respondents.
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2018-001912 |
Hector J. Cases Vazquez, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001099 |
Gavin V. Jones, # 259726, Appellant,
v.
State of South Carolina, Respondent.
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2018-001669 |
The State, Respondent,
v.
Kenneth Campbell, Jr., Appellant.
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2018-000951 |
Timothy Paul Kearns, Appellant,
v.
Falon Elise Odom, Respondent.
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2019-001855 |
Ibn Gadson, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001842 |
Thelma R. Garrick, Appellant,
v.
Dr. George H. Khoury and Bon Secours St. Francis West Ashley, Respondents.
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2018-000127 |
Terrance J. Goss, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000074 |
Robert Lee Steadman, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001648 |
The State, Respondent,
v.
Drake Edward Campbell, Appellant.
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2018-001161 |
Wells Fargo Bank, N.A. Ultimate Successor to First Union National Bank, Respondent,
v.
Albert J. Sanders, Jr.; AJS Properties, LLC; Branch Banking and Trust Company Ultimate Successor to Southern National Bank of South Carolina; First Palmetto Savings Bank, FSB, Defendants,
Of which Albert J. Sanders, Jr. and AJS Properties, LLC are the Appellants.
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2020-000084 |
Rashawn Tremayne Carson, Petitioner,
v.
State of South Carolina, Respondent.
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2018-002259 |
The State, Respondent,
v.
Jamie Jermaine Robinson, Appellant.
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2018-001895 |
Tyress Antonio Littlejohn, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001920 |
The State, Respondent,
v.
Wesley Lamonte Givens, Appellant.
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2019-000890 |
Lonnie E. Patterson, Petitioner,
v.
State of South Carolina, Respondent.
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