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April 2014 |
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, April 7, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-212277 Demetrius Mack, Respondent,
v.
Leon Lott, in his Official Capacity as Sheriff of Richland County, Appellant. Andrew F. Lindemann and Robert David Garfield, both of Davidson & Lindemann, PA, of Columbia, for Appellant. Joshua Snow Kendrick and Christopher Shannon Leonard, both of Kendrick & Leonard, P.C., of Columbia, for Respondent. Neal Michael Lourie of Lourie Law Firm, LLC, of Columbia, for Respondent. In this false arrest/imprisionment case, Appellant Leon Lott, in his Official Capacity as Sheriff of Richland County, appeals the trial courts ruling that Appellant lacked probable cause to arrest Demetrius Mack. Appellant argues that the ruling is not supported by the evidence and is based on errors of law. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-170706 Walter Terran Gaines, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan Wilson, Assistant Attorney General Karen Christine Ratigan, and Assistant Attorney General Mary S. Williams, all of Columbia, for Respondent. Walter Gaines appeals his convictions for murder and armed robbery, arguing the trial court erring in refusing to grant a mistrial after the State's investigator testified about Gaines' request for an attorney. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2011-192548 David Robinson, Appellant,
v.
Evelyn R. Robinson, Respondent. Andrew G. Goodson of Younts, Alford and Goodson, of Fountain Inn, for Appellant. Marion W. Fore, Jr., and J. Falkner Wilkes, both of Greenville, for Respondent. In this divorce action, David Robinson (Husband) appeals the family court's order and decree of divorce requiring him to pay Evelyn Robinson (Wife) permanent periodic alimony and attorney's fees. Husband also challenges the family court's equitable division of the marital property, arguing the family court erred in its classification and valuation of the marital property. |
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Tuesday, April 8, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-205207 The State, Respondent,
v.
Randy Jarrod Crosby, Appellant. Appellate Defenders Dayne Phillips and Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Randy Crosby appeals his conviction for possession with intent to distribute crack cocaine. Crosby argues the trial court erred in: (1) refusing to suppress the evidence seized during the search of the vehicle when law enforcement did not have reasonable suspicion to justify the traffic stop; (2) refusing to suppress the evidence seized during the search of the vehicle when law enforcement did not have probable cause to believe the vehicle contained evidence of criminal activity and no exigent circumstances existed to justify the warrantless search; and (3) finding a sufficient chain of custody existed to admit the evidence seized during the search of the vehicle and the drug evidence found in the police car. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-210207 The State, Respondent,
v.
Steven Kranendonk, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent. In this appeal from a conviction of two counts of reckless homicide by operation of a boat, Appellant Steven Kranendonk argues that the trial court erred in (1) qualifying Investigator Robin Camlin as an expert in navigational rules and allowing her to offer opinions that exceeded her qualifications; and (2) admitting evidence of Kranendonk's blood alcohol content, which was obtained in violation of the Fourth Amendment of the United States Constitution. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-211915 Julie Tuten, Respondent,
v.
David Charles Joel, individually, and doing business as Joel & Associates, P.A. and/or Joel & Associates, David C. Joel, Attorney at Law, P.C., doing business as Joel and Associates and Heather A. Glover, Defendants,
of whom David Charles Joel, individually, and doing business as Joel & Associates, P.A. and/or Joel & Associates, are Appellants. Desa Allen Ballard, Stephanie Nichole Weissenstein, and Harvey MacLure Watson, III, all of Ballard Watson Weissenstein, of West Columbia, for Appellant. Tom Griffin Woodruff, Jr. of Woodruff Law Offices, LLC, of Aiken, for Respondent. This appeal arises from a legal malpractice claim. Appellant asserts the trial court erred in 1) granting Respondent's directed verdict motion on the issue of liability; 2) denying Appellant's directed verdict motion on the professional negligence claim; and 3) denying Appellant's motion for a new trial nisi. |
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Wednesday, April 9, 2014 | |
Courtroom I
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09:30 a.m. | (Time Limits: 10-10-5) |
2012-212861 Be Mi, Inc. d/b/a St. Clements Beach Bar & Grill, Respondent,
v.
South Carolina Department of Revenue,
and St. Clements Homeowners Association, Intervenor,
Of whom St. Clements Homeowners Association is the Appellant
and South Carolina Department of Revenue is the Respondent. James J. Corbett, of Holler, Garner, Corbett, Ormond, Plante & Dunn, of Columbia, for Appellant. Clifford Leon Welsh of Welsh & Hughes, of North Myrtle Beach, for Respondent Be Mi, Inc. Milton Gary Kimpson, Sean Gordon Ryan, Kathryn Ray Brown, and Harry T. Cooper, Jr., all of Columbia, for Respondent South Carolina Department of Revenue. St. Clements Homeowners Association appeals the administrative law court's decision that Be Mi, Inc. met the requirements for a restaurant liquor by the drink license. It contends Be Mi does not meet the seating requirements because some of the seats counted are in common areas and other seats are bar stools at a rail. It also asserts Be Mi does not have control over the deck, where many of its seats are located, and does not have a lease for the deck space. |
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10:20 a.m. | (Time Limits: 10-10-5) |
2012-213250 James D. Fowler, Respondent,
v.
Nationwide Mutual Fire Insurance Company and Andrew Flanagan, Defendants,
Of Whom Nationwide Mutual Fire Insurance Company is the Appellant. John Robert Murphy and Wesley Brian Sawyer, both of Murphy & Grantland, PA, of Columbia, for Appellant. Clinch H. Belser, Jr., Michael Joseph Polk, and H. Freeman Belser, all of Belser & Belser, PA, of Columbia, for Respondent. After his home was destroyed by fire, James D. Fowler brought this suit against Nationwide Mutual Fire Insurance Company ("Nationwide") claiming Nationwide improperly denied his insurance claim. Following a jury verdict in Fowler's favor, Nationwide appeals arguing the circuit court erred in: (1) failing to award an offset for prior payments made on Fowler's behalf; (2) admitting opinion testimony from a non-expert; (3) failing to grant a new trial where the jury verdict was excessive and based upon passion, caprice, or prejudice; (4) failing to remit the jury verdict to damages supported by evidence presented at trial; and (5) failing to grant a Judgment Notwithstanding the Verdict (JNOV) on Fowler's bad faith claim. |
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2:00 p.m. | (Time Limits: 10-10-5) |
2012-211992 The State, Respondent,
v.
Travas D. Jones, Appellant. Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. In this criminal appeal, Travas Jones appeals his convictions for trafficking crack cocaine, possession with intent to distribute cocaine, and possession of a weapon during a crime of violence, arguing the circuit court erred in denying his request that the jury charge regarding constructive possession state that proof of possession of an item requires more than proof of control over the premises where the item is found. |
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Thursday, April 10, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-209166 The State, Respondent,
v.
Richey Lamont Boyd, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Donald J. Zelenka, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Richey Lamont Boyd appeals convictions for murder, first-degree burglary, kidnapping, attempted armed robbery, conspiracy, and possession of a weapon during a violent crime. Boyd argues he should have been granted a mistrial because the clerk of court improperly informed the jury that his co-defendant had been charged with intimidation of a witness and Boyd had already moved unsuccessfully to have his trial severed from that of his co-defendant. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-209188 The State, Respondent,
v.
Lamar D. Williams, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Donald J. Zelenka, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Lamar D. Williams appeals his convictions for first-degree burglary, murder and possession of a weapon during the commission of a violent crime, attempted armed robbery, kidnapping, and conspiracy. He argues he should have been granted a mistrial because (1) the clerk of court erroneously informed the jury that a charge against him for intimidating a witness would be presented during the trial and (2) a witness for the State made a reference to previous charges against him that were not related to the crimes for which he was on trial. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2010-172506 The State, Respondent,
v.
Tawanda Allen, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia, for Respondent. Solicitor Ernest Adolphus Finney, III, of Sumter, for Respondent. Tawanda Allen appeals her convictions for murder, first-degree burglary, and conspiracy, arguing the trial court erred in admitting her confession into evidence. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-212744 Jones G. Herring, Respondent,
v.
Gilbert S. Bagnell and Bagnell and Eason, LLC, Appellants. Richard R. Gleissner of Gleissner Law Firm, LLC, of Columbia, for Appellants. C.Douglas N. Truslow of Truslow & Truslow, of Columbia, for Respondent. Gilbert S. Bagnell and Bagnell and Eason, LLC, appeal from a damages hearing award of $254,306.77 actual damages and $250,000 punitive damages for Jones Herring after a default judgment for Herring's malpractice action against Bagnell. |
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Tuesday, April 15, 2014 | |
Courtroom I
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000564 Oscar Hickman, Appellant,
v.
City of Myrtle Beach, Employer, and Companion Property & Casualty Group, Carrier, Respondents. Gene McCain Connell, Jr., of Kelaher Connell & Connor, PC, of Surfside Beach, for Appellant. Stanford Ernest Lacy, of Collins & Lacy, PC, of Columbia, for Respondents. Oscar Hickman filed this workers' compensation action against City of Myrtle Beach and Companion Property & Casualty Group, seeking benefits for a change of condition. The Workers' Compensation Commission (the Commission) affirmed the Single Commissioner, finding Hickman did not suffer a compensable change of condition. Hickman appeals, arguing the Commission erred in failing to (1) liberally construe the Workers' Compensation Act; (2) find Hickman suffered a compensable change of condition; and (3) find Hickman's request for back surgery would lessen his period of disability. |
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Wednesday, April 16, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-212137 The South Carolina Public Interest Foundation, and Edward D. Sloan, Jr., and Robert M. Lloyd, individually and as a taxpayers of the City of Greenville, South Carolina, and on behalf of all others similarly situated, Appellants/Respondents,
v.
City of Greenville, Mayor Knox H. White, and The Cliffs at Glassy, Inc., Defendants,
Of Whom City of Greenville and Mayor Knox H. White are the Respondents/Appellants. James G. Carpenter and Jennifer J. Miller, both of Carpenter Law Firm, PC, of Greenville, for Appellants/Respondents. Kathleen Gayle Kempe, of Greenville, for Respondents/Appellants. In this civil appeal involving a boundary dispute, the South Carolina Public Interest Foundation, Edward D. Sloan Jr., and Robert M. Floyd, individually and as taxpayers of the City of Greenville, SC and on behalf of others similarly situated (Appellants/Respondents), appeal the trial court's decision to award only a partial amount of their requested attorney's fees. The City of Greenville and Mayor Knox (Respondents/Appellants) cross appeal and argue the trial court erred in awarding the Appellants/Respondents any attorney's fees. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000286 Old Republic Ins. Co., Respondent,
v.
The South Carolina Second Injury Fund, Appellant,
In re: Lester Miller, Employee/Claimant,
v.
Archer Daniels-Midland Company, Respondent. Latonya Dilligard Edwards of Dilligard Edwards, LLC, of Columbia, for Appellant. Margaret Mary Urbanic of Clawson & Staubes, LLC, of Charleston, for Respondent. On appeal, the Second Injury Fund (the Fund) contends the Appellate Panel of the Worker's Compensation Commission erred in finding it was required to reimburse Old Republic Insurance Company (the Carrier) pursuant to section 42-7-320(B) of the South Carolina Code (Supp. 2013) because (1) the Carrier requested reimbursement after December 31, 2011, the last day the Fund was statutorily required to accept a claim for reimbursement; (2) the Carrier failed to submit certain witness testimony to the Fund prior to June 30, 2011, the date on which "all required information" to support a reimbursement claim must be submitted to the Fund. The Fund further argues the Appellate Panel erred in finding it was required to reimburse the Carrier pursuant to section 42-9-400 of the South Carolina Code (Supp. 2013) because (1) Lester Miller (the Claimant) was not working for Employer on the date of his injury; and (2) the Claimant's preexisting condition was not permanent and sufficiently serious to constitute a hindrance or obstacle to employment. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000753 Gary Hearn, Respondent,
v.
Laurens County Assessor, Appellant. Ray Nelson Stevens and Walter Hammond Cartin, Sr., both of Parker Poe Adams & Bernstein, LLP, of Columbia, for Appellant. A. Cruickshanks, IV, of Clinton, for Appellant. Gary Hearn, of Spartanburg, Pro Se Respondent. The Laurens County Assessor appeals the Administrative Law Court's valuation of Gary Hearns's property because, they claim, there was not substantial evidence to support the ruling and the trial court erred in finding the assessor's valuation did not comply with South Carolina Code Section 12-37-90(D). |
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Wednesday, April 23, 2014 | |
Courtroom I
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-213509 Jacqueline Smith, Appellant,
v.
Horry County Schools, Respondent. W. Allen Nickles, III, of Nickles Law Firm, of Columbia, for Appellant. Susan Marie Fittipaldi, of Columbia, for Appellant. Vernie L. Williams, John Marshall Reagle, and Kathryn Long Mahoney, all of Childs & Halligan, PA, of Columbia, for Respondent. This is an appeal from the circuit court's decision to affirm the Horry County School Board's (Board) termination of Jacqueline Smith's employment with the Horry County School District (District). Smith argues the circuit court erred in upholding the Board's decision for four reasons: (1) the Board violated her due process rights; (2) the Board violated its own policies; (3) the Board's decision was not supported by substantial evidence; and (4) the circuit court failed to identify any supporting facts and legal conclusions within the Board's decision. |
Cases to be Submitted Without Oral Argument | |
2013-001405 |
The State, Respondent,
v.
Anthony Riggins, Appellant.
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2013-001226 |
Yolanda Holmes, Respondent,
v.
Gerald Holmes, Appellant.
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2012-212240 |
The State, Respondent,
v.
Douglas Bret Bishop, Appellant
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2012-213390 |
The State, Respondent,
v.
Ricky Hewins Mack, Appellant.
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2011-184793 |
Anthony A. Williams, Petitioner,
v.
State of South Carolina, Respondent.
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2012-205986 |
The State, Respondent,
v.
Billy Roy Boyd, Appellant.
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2012-211466 |
Jerry Gadson and Sheila Gadson, Appellants,
v.
Caroline Deloatch and Bank of America, Individually and Jointly, Respondents.
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2012-211386 |
Jason Moulton, Petitioner,
v.
State of South Carolina, Respondent.
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2013-000695 |
In the Matter of the Care and Treatment of Timothy Geter
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2012-209386 |
HSBC Mortgage Services, Inc., Respondent,
v.
James L. Dennis, Enid Dennis, and Stonewood Homeowners Association of York County, Inc., Defendants,
Of Whom James L. Dennis and Enid Dennis are the Appellants.
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2012-213373 |
The State, Respondent,
v.
Ryan Alan Williams, Appellant.
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2012-212699 |
Jovan McRant, Petitioner,
v.
State of South Carolina, Respondent.
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2012-212226 |
State of South Carolina, Respondent,
v.
Thomas Lee Geddie, Appellant.
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2012-212059 |
The State, Respondent,
v.
Brett Howard, Appellant.
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2013-000384 |
Branch Banking and Trust Company, Respondent,
v.
P. Jason Luquire, Appellant.
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2013-000217 |
In the Matter of the Care and Treatment of Ronald Owen.
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2012-213503 |
The State, Respondent,
v.
Korey Love, Appellant.
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2013-000196 |
The State, Respondent,
v.
James E. Wise, Appellant.
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2012-209530 |
John Lewis Mills, Petitioner,
v.
State of South Carolina, Respondent.
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2012-212671 |
John W. Floyd, Petitioner,
v.
State of South Carolina, Respondent.
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2012-212397 |
Steven D. Denton, Petitioner,
v.
State of South Carolina, Respondent.
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2012-210830 |
The State, Respondent,
v.
Scott Thomas Lee, Appellant.
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2011-202771 |
Harrison Sanders, Petitioner,
v.
State of South Carolina, Respondent.
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2011-198189 |
The State, Respondent,
v.
Travis N. Buck, Appellant.
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2012-212308 |
George N. Moses, Petitioner,
v.
State of South Carolina, Respondent.
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2012-210209 |
Vincent L. Neumon, Petitioner,
v.
State of South Carolina, Respondent.
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2013-000759 |
Kevin S. Stokes, Employee, Appellant,
v.
Techno Loading Arms, a division of Aluminum Ladder Company, Employer, and Bridgefield Casualty Insurance Company c/o Summit Holdings, Inc., Carrier, Respondents.
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2013-000289 |
The State, Respondent,
v.
Austin Epperson, Appellant.
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2012-213312 |
Eric LaGeorge Mouzon, Petitioner,
v.
State of South Carolina, Respondent.
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2012-212550 |
Marcus J. Parker, Petitioner,
v.
State of South Carolina, Respondent.
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2012-212409 |
Raymond Kelley, Petitioner,
v.
State of South Carolina, Respondent.
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2011-199419 |
Quandelle J. Wilson, Petitioner,
v.
State of South Carolina, Respondent.
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2013-000567 |
State of South Carolina, Respondent,
v.
Mario Ramos Hinojos, Defendant,
and
Richard G. Thompson, d/b/a All-Out-Bail Bonding, as Surety, Accredited Property and Casualty Ins., Surety,
Of whom Richard G. Thompson, d/b/a All-Out-Bail Bonding and Accredited Property and Casualty Ins. are the Appellants.
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2012-212147 |
Lawrence Reyes Waller, Petitioner,
v.
State of South Carolina, Respondent.
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2011-199421 |
Dominique Donte Moore, Petitioner,
v.
State of South Carolina, Respondent.
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2012-209587 |
Chris Phillips and Chris Phillips Builder, Inc., Appellants,
v.
Frank Ferez and Suzie Ferez, Respondents.
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2012-213203 |
Branch Banking and Trust Company, Respondent,
v.
Graphic Express, LLC, Lanny R. Gunter II, and Harry B. Benenhaley, Appellants.
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2012-207554 |
James Curtis Cobbert III, Petitioner,
v.
State of South Carolina, Respondent.
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2012-211629 |
Myra Christenbury, Petitioner,
v.
State of South Carolina, Respondent.
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2013-000340 |
Lawrence Terry, Appellant,
v.
Allen University, Respondent.
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2012-210213 |
Walter C. Kelly, Petitioner,
v.
State of South Carolina, Respondent.
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2012-206673 |
Angela M. Vaughn, Petitioner,
v.
State of South Carolina, Respondent.
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2013-000332 |
The State, Respondent,
v.
Norris T. Steplight, Appellant.
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2012-212686 |
Marsha L. Temples, Appellant,
v.
Neil O. Plush, Respondent.
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2011-191569 |
The State, Respondent,
v.
Lisa Cosacchi, Appellant.
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2012-212084 |
Kevin King, Petitioner,
v.
State of South Carolina, Respondent.
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