![]() |
April 2015 |
NEXT
![]() |
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 13, 2015 | |
Courtroom I
|
|
10:00 a.m. | (Time Limits: 10-10-5) |
2011-188050 Michael L. Witcher, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan McCrory Wilson, Assistant Attorney General Kaelon Elizabeth May, and Assistant Attorney General John Walter Whitmire, all of Columbia, for Petitioner. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Respondent. The State appeals the post-conviction relief (PCR) court's partial grant of PCR to Michael Witcher, arguing the PCR court erred as a matter of law in determining the probation revocation court improperly revoked Witcher's probation when Witcher did not waive jurisdiction from the county where the underlying conviction occurred. |
|
10:40 a.m. | (Time Limits: 10-10-5) |
2013-002417 The State, Respondent,
v.
Steve Young, Appellant. Appellate Defender LaNelle Cantey DuRant of Columbia SC for Appellant and General Counsel Matthew C. Buchanan of Columbia SC for Respondent. Steve Young appeals the trial court's decision to toll his probation, arguing the trial court erred in tolling his probation while he was imprisoned for an offense that was not a probation violation. |
|
11:20 a.m. | (Time Limits: 10-10-5) |
2011-187273 Dushun Staten, Petitioner,
v.
State of South Carolina, Respondent. Jeremy Adam Thompson of Law Office of Jeremy A. Thompson, LLC, of Columbia SC for Petitioner Dushun Staten. Attorney General Alan McCrory Wilson, Assistant Attorney General James Clayton Mitchell, III, and Assistant Attorney General Brian T. Petrano of Columbia SC for Respondent State of South Carolina. Dushun Staten appeals his convictions for murder and first-degree lynching, arguing his trial counsel was ineffective for failing to object to (1) testimony that Staten pointed a gun at the victim prior to the victim's death, and (2) the State's improper closing argument. |
|
12:00 p.m. | (Time Limits: 10-10-5) |
2013-001387 Jonetha Singleton, Appellant,
v.
Starshaka N. Cuthbert, Respondent. Bernard McIntyre, of Beaufort, for Appellant. Elizabeth Hall Freeman of Hall Booth Smith, PC, of Charleston, for Respondent. Jeffrey Alan Ross of Clawson & Staubes, LLC, of Charleston, for Respondent. In this action arising from an automobile accident, Jonetha Singleton appeals, arguing the trial court erred in directing a verdict that she was negligent as a matter of law under section 56-5-2770(A) of the South Carolina Code by turning left behind a vehicle stopped behind a stopped school bus. |
|
Tuesday, April 14, 2015 | |
Courtroom I
|
|
10:00 a.m. | (Time Limits: 10-10-5) |
2013-001711 Samantha Jamison, as Personal Representative of the Estate of Jayden Joenelle Jamison-Barber, Deceased, Respondent,
v.
Ansley L. Hilton, M.D., individually and as Agent, Servant or Employee of Rock Hill Gynecological and Obstetrical Associates, P.A.; Christopher B. Benson, M.D., as Agent, Servant or Employee of Rock Hill Gynecological and Obstetrical Associates, P.A., and Rock Hill Gynecological and Obstetrical Associates, P.A., Defendants,
Of whom Rock Hill Gynecological and Obstetrical Associates, PA, is the Appellant. Thomas C. Salane and R. Hawthorne Barrett of Turner Padget Graham & Laney, PA of Columbia for Appellant Rock Hill Gynecological and Obstetrical Associates, PA; James W. Boyd of James W. Boyd, Attorney of Rock Hill, and David Bradley Jordan of Jordan & Dunn, LLC of Rock Hill for Respondent Samantha Jamison. In this medical malpractice action, Rock Hill Gynological and Obstetrical Associates, PA, argues the trial court erred in denying its motion for judgment notwithstanding the verdict as to Samantha Jamison's allegations of negligence in the death of her son. |
|
10:40 a.m. | (Time Limits: 10-10-5) |
2013-002283 Mevers Kitchens and Baths, LLC, Respondent,
v.
Maryann Wagner and Stipp Contracting, LLC, Defendants,
Of Whom Maryann Wagner is the Appellant. Nancy Bloodgood of Foster Law Firm, LLC of Charleston, and Lucy Clark Sanders of Foster Law Firm, LLC, of Daniel Island, for Appellant Maryann Wagner; W. Tracy Brown of The Brown Law Firm of Summerville for Respondent Mevers Kitchens and Baths, LLC. In this mechanic's lien action, Appellant Maryann Wagner (Wagner) argues that the master erred in holding that (1) the cabinetry quote created a contract between Wagner and Respondent; (2) Respondent is a licensed contractor and thus can enforce its mechanic's lien; and (3) Respondent is entitled to reasonable attorney's fees. |
|
11:20 a.m. | (Time Limits: 10-10-5) |
2012-213655 The State, Respondent,
v.
Thomas Stewart, Appellant. Jarrett O'Connor Coco of Nelson Mullins Riley & Scarborough, LLP and Chief Appellate Defender Robert Michael Dudek of Columbia SC for Appellant Thomas Stewart; Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, and Solicitor William Benjamin Rogers, Jr. of Bennettsville for Respondent The State. Thomas Stewart appeals his convictions for murder and possession of a weapon during the commission of a violent crime. He argues the trial court erred in: (1) finding the State's use of preemptory challenges did not violate Batson v. Kentucky, 476 U.S. 79 (1986); (2) overruling Stewart's objection and failing to correct the State's remarks to the jury that use of a deadly weapon implied malice where the jury was charged with a lessor included offense of murder and self-defense; and (3) allowing the State to enter unfairly prejudicial character evidence. |
|
12:00 p.m. | (Time Limits: 10-10-5) |
2013-000435 The State, Respondent,
v.
Stephen Douglas Berry, Appellant. Chief Appellate Defender Robert Michael Dudek of Columbia and League B. Creech of Peters Murdaugh Parker Eltzroth & Detrick, PA of Hampton for Appellant Stephen Berry; Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr. of Columbia and Solicitor Kevin Scott Brackett of York for Respondent The State. Stephen Douglas Berry appeals his conviction for criminal sexual conduct with a minor in the second degree. Berry argues the trial court erred in (1) allowing subsequent bad act testimony and (2) failing to suppress expert testimony regarding the victim's behavior and symptoms of post-traumatic stress disorder. |
|
Wednesday, April 15, 2015 | |
Courtroom I
|
|
10:00 a.m. | (Time Limits: 10-10-5) |
2013-001159 The State, Respondent,
v.
Michael Tyrone Quarles, Appellant. Appellate Defender LaNelle Cantey DuRant of Columbia for Appellant Michael Tyrone Quarles; Attorney General Alan McCrory Wilson and Christina Catoe Bigelow of Columbia, and Solicitor James Strom Thurmond, Jr. of Aiken for Respondent The State. Michael Tyrone Quarles appeals his convictions for kidnapping and armed robbery. He argues the trial court erred in admitting a recording of a 911 call and allowing it to be played for the jury. |
|
10:40 a.m. | (Time Limits: 10-10-5) |
2011-194547 Willis Dorsey, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Robert M. Pachak of Columbia for Petitioner Willis Dorsey; Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer of Columbia for Respondent State of South Carolina. In this post-conviction relief action, the court granted certiorari to determine whether an actual conflict of interest arose during the course of the State offering, and Petitioner's co-defendant accepting, a plea bargain requiring him to testify against Petitioner. |
|
11:20 a.m. | (Time Limits: 10-10-5) |
2013-000819 The State, Respondent,
v.
Roderquiz Rozelle Cook, Appellant. Chief Appellate Defender Robert Michael Dudek of Columbia and Erica Bedenbaugh McElreath of Lawton Law Firm, LLC of Mount Pleasant for Appellant Roderquiz Carter; Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka of Columbia and Solicitor Donald V. Myers of Lexington for Respondent The State. In this criminal matter, Roderquiz Cook appeals his murder, attempted armed robbery, and conspiracy convictions. Cook argues he was deprived of a fair trial because the State withheld (1) cell tower site records of Cook and co-conspirators until the day prior to trial, (2) additional testimony of a co-conspirator explaining her role in the alleged conspiracy until the closing of pretrial motions, (3) a confession by a different co-conspirator that he was the triggerman in the alleged murder until the closing of pretrial motions, and (4) additional cell phone address records of Cook and co-conspirators until the second day of trial. |
|
Thursday, April 16, 2015 | |
Courtroom I
|
|
10:00 a.m. | (Time Limits: 10-10-5) |
2013-002266 Jasper County Board of Education, Appellant,
v.
Jasper County Council and Jasper County Auditor, Respondents. Kenneth L. Childs, William F. Halligan, and Keith Robert Powell of Childs & Halligan, PA of Columbia for Appellant Jasper County Board of Education; Marvin C. Jones of Ridgeland for Respondent Jasper County Council and Jasper County Auditor. This appeal involves the issue of whether the Jasper County Board of Education or the Jasper County Council has the authority to determine the school operating tax levy and millage rate for the School District of Jasper County. |
|
10:40 a.m. | (Time Limits: 10-10-5) |
2013-002264 Charleston County Assessor, Appellant,
v.
LMP Properties, Inc., Respondent. Bernard E. Ferrara, Jr., Joseph Dawson, III, Bradley Allen Mitchell, and Austin Adams Bruner of North Charleston SC for Appellant Charleston County Assessor; Stanley Clarence Rodgers of Law Office of Stanley C. Rodgers, LLC of Charleston for Respondent LMP Properties, Inc. of N. Charleston SC for Appellant Charleston County Assessor, of N. Charleston SC for Appellant Charleston County Assessor In this administrative case, the Charleston County Assessor appeals the administrative law court's (ALC) order, arguing the ALC erred in (1) finding LMP Properties, Inc's 121 units were not financially feasible as condominiums; and (2) construing Lindsey v. South Carolina Tax Commission, 302 S.C. 504, 397 S.E.2d 95 (1990), to create an exception to the highest and best use test for determining fair market value for ad valorem property tax purposes. |
|
11:20 a.m. | (Time Limits: 10-10-5) |
2013-002281 Deep Keel, LLC, Respondent,
v.
Atlantic Private Equity Group, LLC, Terry L. Rohlfing, Jerry T. Caldwell, and Bluffton Village Town Center Property Owners' Association, Inc., Defendants,
Of Whom Atlantic Private Equity Group, LLC, Terry L. Rohlfing, and Jerry T. Caldwell are the Appellants. Keating L. Simons, III of Simons & Dean of Charleston for Appellants Atlantic Private Equity Group, LLC, Terry L. Rohlfing, and Jerry T. Caldwell; Charles S. Altman and Meredith L. Coker of Altman & Coker, LLC of Charleston for Respondent Deep Keel, LLC. This appeal involves a foreclosure action that was initiated when appellant Atlantic Private Equity Group, LLC defaulted on a commercial note. Appellants Terry L Rohlfing and Jerry T. Caldwell served as personal guaranties on the note. The appellants appeal the master-in-equity's entry of a deficiency judgment against Atlantic because they argue the only evidence supporting the master's findings was inadmissible. Additionally, Rohlfing and Caldwell request this court vacate certain findings of the master because there is no competent evidence to support them and these findings could affect the subsequent determination of their liability. |
|
12:00 p.m. | (Time Limits: 10-10-5) |
2013-001361 L&M, LLC, Appellant,
v.
Robert W. Yearick, Respondent. William Scotty Sheriff of Sheriff Law Firm of Charleston for Appellant L&M, LLC, Robert C. Wilson, Jr. of Greenville for Respondent Robert W. Yearick L & M, LLC, appeals the trial court's grant of summary judgment to Robert Yearick on his mechanic's lien action. |
|
Tuesday, April 21, 2015 | |
Courtroom I
|
|
10:40 a.m. | (Time Limits: 10-10-5) |
2013-002437 CitiMortgage, Inc, Respondent/Appellant,
v.
Brodie M. Trickey aka Brodie McCary Trickey and Barberry Woods Property Owners Association, Defendants.
Of whom Brodie M. Trickey is the Appellant/Respondent. Mary Leigh Arnold of Mary Leigh Arnold, PA, of Mt. Pleasant, for Appellant/Respondent. Damon Christian Wlodarczyk, of Riley Pope & Laney, LLC, of Columbia, for Respondent/Appellant. This is a cross-appeal arising from foreclosure proceedings initiated by Respondent/Appellant CitiMortgage, Inc., against Appellant/Respondent Brodie M. Trickey. In the appealed order, the Charleston County Master-In-Equity granted summary judgment to CitiMortgage on all counterclaims filed by Trickey and denied CitiMortgage's motion for summary judgment on its foreclosure action. Trickey appeals the dismissal of his counterclaims, arguing the Master erred in finding that no material question of fact existed as to each of them and in considering an affidavit that lacked evidentiary sufficiency. In its cross-appeal, CitiMortgage challenges the denial of its motion for summary judgment, arguing there were no issues of fact to be resolved on the foreclosure action. |
|
11:20 a.m. | (Time Limits: 10-10-5) |
2013-002459 The State, Respondent,
v.
Michael Ramey, Appellant. Appellate Defender Laura Ruth Baer, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, of Columbia, for Respondent. Solicitor Kevin Scott Brackett, of York, for Respondent. Michael Ramey appeals the circuit court's admission of information regarding his psychological treatment during his sentencing pursuant to section 19-11-85 of the South Carolina Code. |
|
12:00 p.m. | (Time Limits: 10-10-5) |
2013-002545 Mary L. Howell, Respondent,
v.
Mark E. Howell, Appellant. Joseph P. Cerato, of Charleston, for Appellant. Michael Ashley Whitsitt of The Whitsitt Law Firm, of Mount Pleasant, for Respondent. Appellant Mark Howell appeals the family court's order granting Respondent Mary Howell's request for contempt. Appellant asserts that the court's order should be reversed and vacated because (1) he complied with the final order before Respondent filed her rule to show cause, rendering the rule to show cause moot; (2) the family court did not have jurisdiction to modify a final order of equitable division; (3) the family court exceeded its authority to enforce the final order in a contempt action by adding terms not addressed in the final order; (4) the family court failed to provide due process to Appellant by granting relief for which Appellant had no notice; and (5) the family court modified the equitable division order without first determining the parties' ability to comply with the modification. |
|
2:20 p.m. | (Time Limits: 10-10-5) |
2013-000114 International Paper Company, Inc., Appellant,
v.
South Carolina State Energy Office, Respondent. Erik P. Doerring, Robert L. Widener, and Jeffrey Thomas Allen of McNair Law Firm, PA, of Columbia, for Appellant. Frank S. Potts and Keith C. McCook, of Columbia, for Respondent. Appellant International Paper Company appeals the South Carolina State Energy Office's determination that Appellant did not qualify for certain Biomass Resource Tax Credits. Specifically, Appellant contends the Administrative Law Court (ALC) has jurisdiction to review Respondent's decision either as a contested case or as an appeal from a final agency determination. In the alternative, Appellant asserts jurisdiction lies in the circuit court, and that the circuit court erred in dismissing the action as opposed to staying the matter. |
|
3:00 p.m. | (Time Limits: 10-10-5) |
2013-002295 Linda Rodarte, J. Perry Kimball, George M. Lee, III, Mena H. Gardiner, and John Love, Plaintiffs,
Of whom George M. Lee, III, Mena H. Gardiner and John Love are Appellants,
v.
University of South Carolina and University of South Carolina Gamecock Club, Respondents. J. Lewis Cromer and Julius Wistar Babb, IV of J. Lewis Cromer & Associates, LLC of Columbia for Appellants George M. Lee, Mena H. Gardiner, and John Love; Robert E. Stepp and Bess Jones DuRant of Sowell Gray Stepp & Laffitte, LLC of Columbia for Respondents The University of South Carolina and The University of South Carolina Gamecock Club. Linda Rodarte, J. Perry Kimball, George M. Lee, III, Mena H. Gardiner, and John Love filed this action against the University of South Carolina & the University of South Carolina Gamecock Club (collectively, USC), alleging a breach of contract. Lee, Gardiner, and Love (Appellants) appeal the trial court's order granting summary judgment to USC. Appellants argue the trial court erred in the following: (1) finding the contract was unambiguous; (2) excluding extrinsic evidence; (3) excluding evidence of the parties' conduct; and (4) rejecting Appellants' estoppel arguments. |
|
3:40 p.m. | (Time Limits: 10-10-5) |
2013-002305 Three Runs Plantation Homeowners Association, Inc., Respondent,
v.
Jay J. Jacobs and Judith B. Jacobs, Defendants and Third-Party Plaintiffs, Appellants,
v.
T. R. Sales Plantation, LLC and J. Wayne Raiford, Third-Party Defendants, Respondents. Clarke W. McCants, III of Nance, McCants & Massey of Aiken for Appellants Jay J. Jacobs and Judith B. Jacobs; Wm. Byrd Warlick and James Samuel Murray of Warlick Tritt Stebbins & Murray, LLP of Augusta GA for Respondents Three Runs Plantation Homeowners Association, Inc., T. R. Sales Plantation, LLC, and J. Wayne Railford. Jay and Judith Jacobs appeal the master-in-equity's order finding the Jacobs violated the protective covenants for Three Runs Plantation Homeowners Association. The Jacobs argue the master erred in (1) finding they violated the protective covenants because the provision they were found to have violated was ambiguous and, therefore, unenforceable; and (2) not entering judgment against the Homeowners Association because it failed to evenly enforce the protective covenants. |
|
4:20 p.m. | (Time Limits: 10-10-5) |
2013-002320 Dorchester County Assessor, Appellant,
v.
Middleton Place Equestrian Center, LLC, Respondent. Andrew T. Shepherd and Katherine H. Hyland, both of Hart Hyland Shepherd, LLC, of Summerville, for Appellant. Thomas Bacot Pritchard, of Pritchard Law Group LLC, of Charleston, for Respondent. Dorchester County Assessor appeals the South Carolina Administrative Law Court's orders finding that Middleton Place Equestrian Center, LLC was entitled to the agricultural use classification for the tax year 2012. Dorchester County Assessor argues that the ALC erred in awarding the agricultural use tax assessment to properties that are dedicated solely to residential use by restrictive covenants and in concluding that an agricultural use classification would still apply to the properties even if they are not timberland. |
|
Thursday, April 23, 2015 | |
Courtroom I
|
|
10:00 a.m. | (Time Limits: 10-10-5) |
2013-002523 The State, Respondent,
v.
Cathy Kennington Rockett, Appellant. Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent. Solicitor Kevin Scott Brackett, of York, for Respondent. Cathy Kennington Rocket appeals her driving under the influence (DUI) conviction, arguing the circuit court erred in denying her motion to dismiss the DUI charge due to the police's failure to follow the video recording requirements of S.C. Code Ann. § 56-5-2953 (Supp. 2014). |
|
10:40 a.m. | (Time Limits: 10-10-5) |
2010-167969 Matthew S. McAlhaney, Respondent,
v.
Richard K. McElveen a/k/a Richard K. McElveen, Sr., Individually and d/b/a Battery Creek Marina, The Great Pumpkin, LLC, Linda McElveen, Richard K. McElveen, Jr., and Billy Joe Byrd, Defendants,
Of Whom Richard K. McElveen a/k/a Richard K. McElveen, Sr., is Appellant. John S. Nichols and Blake Alexander Hewitt, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. Scott Wayne Lee of Law Offices of Scott W. Lee, PA, of Beaufort, for Appellant. Robert V. Mathison, Jr., of Mathison & Mathison, of Hilton Head Island, for Respondent. Appellant Richard K. McElveen, Sr. argues the trial court erred by: (1) denying his motion for new trial because the jury's punitive damages award was "grossly excessive" and (2) giving improper jury charges as to statutory immunity and punitive damages. |
|
11:20 a.m. | (Time Limits: 10-10-5) |
2013-002607 South Carolina Second Injury Fund, Appellant,
v.
Sompo Japan Insurance Company, Respondent. Latonya Dilligard Edwards of Dilligard Edwards, LLC, of Columbia, for Appellant. Duke K. McCall, Jr. of Smith Moore Leatherwood, LLP, of Greenville, for Respondent. In this workers' compensation matter, South Carolina Second Injury Fund appeals an order of the South Carolina Workers' Compensation Commission requiring the Fund to reimburse Sompo Japan Insurance Company for indemnity payments and medical expenses of an injured employee/claimant. The Fund appeals, arguing the Commission erred in (1) admitting evidence submitted after the statutory deadline and failing to find Insurance Company's claim was barred by § 42-7-320, (2) finding claimant's prior cervical problem was permanent and serious enough to constitute a hindrance or obstacle to employment, and (3) finding claimant's prior cervical problem created substantially greater liability for medical costs and permanent disability. |
Tuesday, April 14, 2015 | |
Courtroom II
|
|
11:20 a.m. | (Time Limits: 10-10-5) |
2011-198349 Troy Robinson, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Deputy Attorney General David A. Spencer of Columbia for Petitioner State of South Carolina; Appellate Defender Robert M. Pachak and Appellate Defender Benjamin John Tripp, of Columbia, and Public Defender Breen Richard Stevens of Orangeburg, for Respondent Troy Robinson. In this appeal from an order granting Troy Robinson's application for post-conviction relief (PCR), the State argues the PCR court erred in finding Robinson's counsel was ineffective for failing to object to a defective indictment. |
|
12:00 p.m. | (Time Limits: 10-10-5) |
2013-000694 The State, Respondent,
v.
Erick Arroyo, Appellant. Appellate Defender David Alexander of Columbia for Appellant Erick Arroyo; Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin of Columbia and Solicitor Scarlett Anne Wilson of Charleston for Respondent The State. Erick Arroyo appeals his convictions and sentences for two counts of second degree criminal sexual conduct with a minor and one count of committing a lewd act upon a child. Arroyo contends the circuit court erred in (1) admitting the testimony of a psychologist who testified the victim suffered from post-traumatic stress disorder, (2) admitting the report of a forensic interviewer, (3) limiting cross-examination of Arroyo's ex-wife, (4) refusing to charge that evidence of good character alone may create reasonable doubt, and (5) tolling Arroyo's probation until he completes a sexual abuse program. |
|
Wednesday, April 15, 2015 | |
Courtroom II
|
|
10:00 a.m. | (Time Limits: 10-10-5) |
2012-213571 The State, Respondent,
v.
Daron Duane Davis, Appellant. Chief Appellate Defender Robert Michael Dudek and Justin Martin Kata of The Giese Law Firm, LLC of Columbia for Appellant Daron Duane Davis; Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Deborah R.J. Shupe of Columbia, and Solicitor William Walter Wilkins, III of Greenville for Respondent The State. Daron Davis appeals his conviction for homicide by child abuse, arguing the trial court erred in: (1) failing to grant a directed verdict; (2) failing to charge mere presence; and (3) admitting photographs of the victim. |
|
10:40 a.m. | |
2014-000785 South Carolina Department of Social Services, Respondent,
v.
Sheronda D.Williams and Antwan Boyd, Defendants,
Of Whom Sheronda D. Williams is the Appellant.
In the interest of a minor under the age of eighteen.
|
|
11:20 a.m. | (Time Limits: 10-10-5) |
2013-001324 Roger Dale Kelley, deceased, Employee, Appellant,
v.
The Kroger Company, Employer, and The Kroger Co. c/o Sedgwick CMS, Carrier, Respondents. Lola Stradford Richey of Richey & Richey, PA of Greenville SC for Appellant Roger Dale Kelley; Weston Adams, III, and M. Chad Abramson of McAngus Goudelock & Courie, LLC of Columbia and Helen Faith Hiser of McAngus Goudelock & Courie, LLC of Mount Pleasant, for Respondents The Kroger Company and The Kroger Co. c/o Sedgwick CMS. In this workers' compensation action, Lynn Kelley argues the Appellate Panel of the Workers' Compensation Commission erred in (1) finding she presented no evidence that Roger Kelley's work environment aggravated his pre-existing heart condition that lead to his death and (2) failing to apply the proper standard in determining whether the injury arose out of his employment. |
|
Cases to be Submitted Without Oral Argument | |
2013-002390 |
The State, Respondent,
v.
Bruce Dewayne Hall, Appellant.
|
2013-002732 |
The State, Respondent,
v.
Larry G. Parris, Appellant.
|
2014-001033 |
Bigford Enterprises, Inc., Bishop & Associates, Inc. d/b/a "Bishop Brick and Construction," and McBride Building Supplies and Hardware, Inc., Appellants,
v.
D.C. Development, Inc. n/k/a D.C. Development & Construction, LLC By Way of Articles of Conversion and David Cox, Respondents.
|
2014-000082 |
The State, Respondent,
v.
Aaron Douglas Hyatt, Appellant.
|
2014-000141 |
William McFarland, Appellant,
v.
Sofia Mazell, Michael Mazell, Pierceton Mazell, and Faith Mazell, Respondents.
|
2014-000058 |
Hugh Allen Hoover, Appellant,
v.
L.A. Blue and Kem Dempsey, Respondents.
|
2013-000468 |
The State, Respondent,
v.
John Edward Haynes, Appellant.
|
2012-213396 |
Billy Lee Lisenby, Jr., #200273, Appellant,
v.
South Carolina Department of Corrections, Respondent.
|
2013-001825 |
Oscar Z. Sorcia, Appellant,
v.
Brady K. Mathis and Palmetto Surety Corporation, Respondents.
|
2013-002621 |
The State, Respondent,
v.
John Fitzgerald Kennedy, Appellant.
|
2013-001518 |
Harold P. Threlkeld d/b/a Harold P. Threlkeld, Attorney at Law, Plaintiff,
v.
Lyman Warehouse, LLC, Lyman Pacific, LLC, Mills Demolition, LLC, Susan C. Stanley, Peter M. Stanley and Donald J. McWhirter, Defendants,
Of whom Lyman Warehouse, LLC is the Appellant,
and Donald J. McWhirter is the Respondent.
|
2013-002177 |
Johnny Eades and Barbara Eades, Appellants,
v.
Palmetto Cardiovascular and Thoracic, PA; James M. Benner, MD; Mark J. Epler, MD; Trident Medical Center, LLC; Columbia/HCA Healthcare Corporation of South Carolina; HCA Healthcare-South Carolina; Trident Medical Center; Trident Health System; Palmetto Primary Care Physicians, LLC; Trident Emergency Physicians; LLC; Brian R. Whirreth, MD; Patricia Campbell, MD; Christine E. McNeal, MD; Matthew Wallen, MD; Charleston Radiologists, PA; Joseph M. Mullaney, MD; Tri-County Radiology Associates, PA; and Troy Marlon, MD, Defendants,
Of whom Palmetto Cardiovascular and Thoracic, PA; James M. Benner, MD; Mark J. Epler, MD; Palmetto Primary Care Physicians, LLC and Trident Emergency Physicians, LLC are the Respondents.
|
2013-002168 |
The State, Respondent,
v.
Greg K. Isaac, Appellant.
|
2013-002062 |
James Richard Tener, Respondent,
v.
Judy Wells Tener, Appellant.
|
2011-187250 |
Douglas Turner, Petitioner,
v.
State of South Carolina, Respondent.
|
2014-001107 |
The State, Respondent,
v.
Brian Henry Davis, Appellant.
|
2013-002658 |
Melvin Rondell Sinclair, Respondent,
v.
Teleshia Bridges and Terry Bridges, Appellants.
|
2014-000139 |
Shou Martin, Appellant,
v.
Wilmer (John) Rife and Barbara Ann Doomey, Respondents.
|
2014-001482 |
Gary W. Stokes, Appellant,
v.
South Carolina Department of Employment Workforce and O'Charley's, LLC., Respondents.
|
2013-001354 |
The State, Respondent,
v.
Tyrik Gerard Bright, Appellant.
|
2013-001753 |
The State, Respondent,
v.
Leonard Eugene Jenkins, Appellant.
|
2014-001097 |
Jeremiah DiCapua, 105096, Appellant,
v.
South Carolina Department of Probation, Parole and Pardon Services, Respondent.
|
2014-000797 |
The State, Respondent,
v.
Joey L. Clark, Appellant.
|
2014-000598 |
The State, Respondent,
v.
Frank Terrance Singleton, lll, Appellant.
|