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April 2017 |
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.
Tuesday, April 11, 2017 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-001309 County of Charleston, South Carolina, Appellant,
v.
South Carolina Department of Transportation, Respondent. Bernard E. Ferrara, Jr., of North Charleston, for Appellant. Joseph Dawson, III, of North Charleston, for Appellant. Austin Adams Bruner, of North Charleston, for Appellant. Johanna Serrano Gardner, of North Charleston, for Appellant. Beacham O. Brooker, Jr., of Brooker Law Offices LLC, of Columbia, for Respondent. Linda C. McDonald, of Columbia, for Respondent. Charleston County (the County) appeals the circuit court's grant of summary judgment to the South Carolina Department of Transportation (the Department). The County argues the court erred in finding (1) the Department is exempt from complying with the Charleston County Zoning and Land Development Regulations Ordinance (the ZLDR), and (2) the ZLDR is an unconstitutional tax on the Department's maintenance of the state highway system. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-001561 Jeffrey D. Allen, on behalf of Jane Doe, Appellant,
v.
South Carolina Budget and Control Board, Employee Insurance Program, Respondents. Terry E. Richardson, Jr., of Richardson Patrick Westbrook & Brickman, LLC, of Barnwell, for Appellant. John A. Massalon of Wills Massalon & Allen LLC, of Charleston, for Appellant. Theodore DuBose Willard, Jr., of Montgomery Willard, LLC, of Columbia, for Respondent. Stephen Raymond Van Camp, of Columbia, for Respondent. Jeffrey D. Allen, on behalf of Jane Doe, appeals the Administrative Law Court's denial of his request for attorney's fees pursuant to section 15-77-300 of the South Carolina Code (Supp. 2016). |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-001001 Virgil A. Hoff, Employee, Respondent,
v.
Mead Westvaco, Self-Insured Employer, Appellant. Kirsten Leslie Barr of Trask & Howell, LLC, of Mt. Pleasant, for Appellant. James K. Holmes and Malcolm M. Crosland, Jr., both of The Steinberg Law Firm, LLP, of Charleston, for Respondent. MeadWestvaco appeals the circuit court's order affirming the Appellate Panel of the Workers' Compensation Commission. The Appellate Panel's decision and order was entered following a remand order from the circuit court finding Virgil Hoff's claim was not barred by the statute of limitations and Hoff was entitled to coverage under the Workers' Compensation Act. MeadWestvaco appeals arguing (1) Hoff's claim is time barred under the Act; (2) Hoff's argument that MeadWestvaco was equitably estopped from asserting the statute of limitations was untimely and without evidentiary or legal support; and (3) the circuit court made improper factual findings in determining Huff was entitled to coverage under the Act. |
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2:00 p.m. | (Time Limits: 10-10-5) |
2014-002288 The State, Respondent,
v.
Hank Eric Hawes, Appellant. Allen Mattison Bogan and Nicholas A. Charles, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General Melody Jane Brown, all of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent. Hank Eric Hawes appeals his murder conviction, arguing the trial court erred in (1) allowing the introduction of unnecessary and prejudicial photographic evidence, (2) allowing the State to recall Hawes to ask him a single question intended to elicit testimony that would permit the State to call an impeachment witness, (3) allowing testimony regarding a prior argument between Hawes and Jennifer Wilson (Victim), and (4) refusing to recuse the Fifth Circuit Solicitor's Office from prosecuting the case. |
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2:40 p.m. | (Time Limits: 10-10-5) |
2014-002654 The State, Respondent,
v.
Wallace Steve Perry, Appellant. Kerri Brown Rupert of Collins & Lacy, PC, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Vann Henry Gunter, Jr., both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Wallace Steve Perry appeals his convictions for two counts of first-degree criminal sexual conduct (CSC) and two counts of second-degree CSC. He argues the trial court erred in (1) finding his stepdaughter's testimony was admissible as evidence of a common scheme or plan and (2) allowing a doctor to improperly comment on the veracity of his daughter's testimony. |
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3:20 p.m. | (Time Limits: 10-10-5) |
2015-000676 Debbie Bowers Murphy, Appellant,
v.
Thomas Hayne Murphy, Respondent. William Chadwick Jenkins of Pope & Hudgens, PA, of Newberry, for Appellant. S. Jahue Moore, Jr. of Moore Taylor Law Firm, P.A., of West Columbia, for Respondent. Katherine Carruth Goode, of Winnsboro, for Respondent. In this domestic relations case, Appellant Wife appeals the trial court's (1) equitable distribution order; (2) denial of alimony; (3) denial of attorney's fees and costs; and (4) grant of divorce on the ground of one year's separation rather than on the ground of physical cruelty. |
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Wednesday, April 12, 2017 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-001668 The State, Respondent,
v.
Anthony E. Adkins, Appellant. Tristan Michael Shaffer of Shaffer Law Firm, of Chapin, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Vann Henry Gunter, Jr., both of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent. Anthony E. Adkins appeals from his kidnapping and criminal domestic violence of a high and aggravated nature convictions, asserting the trial court erred in (1) ruling text messages allegedly sent to him from the victim and her sister were inadmissible on authenticity grounds, and (2) failing to qualify a law enforcement veteran as an expert witness on police and/or crime scene investigation. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-002636 The State, Respondent,
v.
Sandy Lynn Westmoreland, 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 Barry Joe Barnette, of Spartanburg, for Respondent. Appellant Sandy Lynn Westmoreland appeals his convictions for murder and hit and run involving a death. He argues the trial court erred by allowing the coroner to testify the cause of the victim's death was a homicide and instructing the jury that voluntary intoxication was not a defense. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-000184 The State, Respondent,
v.
Derek Vander Collier, Appellant. John Lafitte Warren, III, of Simmons Law Firm, LLC, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent. Collier appeals his conviction on a charge of second-degree burglary, arguing the trial court (1) improperly limited his closing argument by preventing him from responding to assertions made by the State in its closing argument, (2) erred in finding a statement that he gave to the police was voluntary, and (3) should have suppressed an in-court identification of him by a State's witness. |
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Monday, April 17, 2017 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-002603 The State, Respondent,
v.
Xavier Hemingway, Appellant. Benjamin Rushton Matthews of Matthews & Megna, LLC, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Attorney General David A. Spencer, and Staff Attorney Johnny Ellis James, Jr., all of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent. Xavier Hemingway appeals his convictions for two counts of first-degree burglary, two counts of grand larceny, and safecracking. On appeal, Hemingway argues the trial court erred in finding (1) evidence he possessed three Xbox 360s and three laptops was relevant and admissible when none of his laptops matched the serial number of the stolen laptop and only two Xbox 360s were stolen and (2) "3 black Xbox 360s and 3 laptops" sufficiently identified the stolen items. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-002548 The State, Respondent,
v.
Lorenzo Bernard Young, Appellant. Assistant 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 Susannah Rawl Cole, all of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent. Lorenzo Young appeals his convictions of murder, kidnapping, burglary, and attempted armed robbery, arguing the trial court abused its discretion in admitting a letter written by his codefendant Trenton Barnes at their joint trial under the Declaration Against Interest Exception to the Hearsay Rule, SCRE 804(b)(3). |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-002771 The State, Respondent,
v.
Trenton Malik Barnes, Appellant. William Joseph Maye of Rogers Townsend & Thomas, PC, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Susannah Rawl Cole, all of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent. After a joint trial with codefendant Lorenzo Young, Trenton Barnes was convicted of murder, kidnapping, burglary, and attempted armed robbery. On appeal, Barnes argues the trial court abused its discretion in (1) denying Barnes' motion for severance; (2) admitting codefendant Young's jailhouse statements as Declarations Against Interest pursuant to SCRE 804(b)(3); and (3) allowing the Solicitor to impeach a testifying witness after she had been excused. |
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Tuesday, April 18, 2017 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-000132 Jeffrey Pierce, Appellant/Respondent,
v.
Kristin Pierce, Respondent/Appellant. Gregory L. Hyland of Hart Hyland Shepherd, LLC, of Summerville, for Appellant/Respondent. Heather S. Shaw of Shaw Law Firm, LLC, of Mt. Pleasant, for Respondent/Appellant. In this cross-appeal, Jeffrey Pierce (Husband) and Kristin Pierce (Wife) appeal from a final order from the family court. Husband argues the family court erred by (1) classifying the rehabilitative alimony as non-modifiable lump-sum alimony, (2) failing to reduce or terminate the rehabilitative alimony, (3) extending the time period for payment of the rehabilitative alimony, (4) imputing income to Husband, and (5) improperly admitting and/or considering evidence. Wife asserts the family court erred by (1) determining the rehabilitative alimony award was modifiable and (2) denying her motion for attorney's fees. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-001238 D.R. Horton, Inc. f/k/a C. Richard Dobson Builders, Inc., Appellant,
v.
Builders FirstSource - Southeast Group, LLC, and Builders FirstSource, Inc., and Joseph Naccari, Individually and d/b/a Master Framers, Defendants,
Of whom Builders FirstSource - Southeast Group, LLC, and Builders FirstSource, Inc., are the Respondents.
Joseph Naccari, Individually, and d/b/a Master Framers, Third-Party Plaintiff,
v.
Jaime Arreguin d/b/a Maya Construction, Third-Party Defendant. Neil S. Haldrup and Peden Brown McLeod, Jr., both of Wall Templeton & Haldrup, PA, of Charleston, for Appellant. James Taylor Anderson, III, of Kernodle Coleman, of Charleston, for Respondents. D.R. Horton, Inc. (D.R. Horton) appeals the circuit court's order granting Builder's FirstSource (Builder's) motion for summary judgment on D.R. Horton's claim for contractual indemnification. D.R. Horton argues on appeal the circuit court erred by 1) reading additional terms into the indemnification agreement, 2) finding it was equitably estopped from pursuing its contractual rights, 3) finding it was collaterally estopped from asserting its contractual rights, 4) finding the indemnification clause violated section 32-3-10 of the South Carolina Code, and 5) finding that it did not sustain tort liability. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-001720 Kevin Watkins, Appellant,
v.
Jason Hall Jr., Jason Hall Sr., Martha Hall, and J.S. Hall Inc., Defendants,
Of Which J.S. Hall Inc. is the Respondent. Joshua Thomas Hawkins of The J.T. Hawkins Law Firm, LLC, of Greenville, for Appellant. Courtney Celeste Atkinson of Metcalfe & Atkinson, LLC, of Greenville, for Respondent.
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Tuesday, April 11, 2017 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-002134 The State, Respondent,
v.
John William Dobbins, Jr., Appellant. Benjamin John Tripp, of Beaufort, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. In this criminal appeal, John William Dobbins, Jr., appeals his convictions for manufacturing methamphetamine, possession with intent to distribute methamphetamine, unlawful disposal of methamphetamine waste, possession of a schedule-two controlled substance, and possession of a schedule-four controlled substance. Dobbins asserts the circuit court erred in denying his motion to suppress because law enforcement officers violated the Fourth Amendment by entering his backyard and home without a warrant. |
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10:40 a.m. | (Time Limits: 15-15-5) |
2014-001500 The State, Respondent,
v.
Robert Jared Prather, Appellant. Elizabeth Anne Franklin-Best of Blume Norris & Franklin-Best LLC, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General J. Anthony Mabry, all of Columbia, for Respondent. Solicitor Donald V. Myers, of Lexington, for Respondent. In this criminal case, Robert Jared Prather appeals his convictions of murder and armed robbery, arguing (1) the State's expert witness's testimony was not proper rebuttal testimony, not scientifically valid, and invaded the province of the jury; (2) the expert's testimony was not properly produced during discovery; (3) the State "sandbagged" the defense with the expert's rebuttal testimony; (4) Prather's codefendant's testimony was inadmissible hearsay and violated Prather's Confrontation Clause rights; (5) the trial court erred in denying Prather's motion for a directed verdict; (6) the State's actions in pursuing factually inconsistent theories in Prather's and his codefendant's cases denied Prather's right to due process; (7) the trial court denied Prather due process because it did not allow him to introduce a statement made by an unavailable witness; and (8) the trial court violated Prather's Fourth Amendment rights because it did not suppress evidence produced as the result of a fatally defective warrant. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-000126 The State, Respondent,
v.
Demario Monte Thompson, Appellant. Appellate Defender John Harrison Strom, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent. Douglas A. Barfield, Jr. of Douglas A. Barfield, Jr., Attorney at Law, of Kershaw, for Respondent. Demario Monte Thompson appeals his convictions of first-degree burglary and third-degree assault and battery, arguing the trial court erred by (1) admitting a trespass notice letter into evidence; (2) admitting the entire recording of a 911 call into evidence; (3) denying his motion for a directed verdict on the first-degree burglary charge; and (4) denying his motion for a new trial. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2015-001230 Paul Boehm, Respondent,
v.
Town of Sullivan's Island Board of Zoning Appeals and Town of Sullivan's Island, Appellants. George Trenholm Walker and John Phillips Linton, Jr., both of Walker Gressette Freeman & Linton, LLC, of Charleston, for Appellants. Alice F. Paylor, of Rosen Rosen & Hagood, LLC, of Charleston, for Respondent. Town of Sullivan's Island Board of Zoning Appeals (BZA) and Town of Sullivan's Island (collectively, Appellants) appeal the circuit court's order finding the BZA's conclusion was an abuse of discretion and allowing Paul Boehm to make certain structural additions to his building. Appellants contend the circuit court erred in determining (1) Boehm's structure could be structurally expanded and (2) Boehm's structure was a second principal building, rather than an accessory structure. |
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Tuesday, April 18, 2017 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-002129 The State, Appellant,
v.
Marvin Reginald Brown, Respondent. 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 Appellant. Solicitor Scarlett Anne Wilson, of Charleston, for Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Respondent. The State appeals the decision of the trial court finding the statement of the victim inadmissible. On appeal, the State contends the trial court erred in (1) finding the statement was inadmissible as a dying declaration; (2) considering the victim sought revenge, when no evidence was presented; and (3) making conclusions regarding the medical records. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-000175 The State, Respondent,
v.
Dennis E. Hoover, 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 Ernest Adolphus Finney, III, of Sumter, for Respondent. Dennis E. Hoover appeals his conviction for assault and battery in the first degree, arguing (1) the trial court erred in admitting a medical examination report under the business records exception to the rule against hearsay; (2) the trial court erred in allowing Justin Boyce to testify concerning Hoover's feelings towards his younger brother, Marshall Boyce; (3) the trial court erred in allowing inflammatory comments and questions by the solicitor during his cross-examination of Hoover; and (4) the cumulative prejudice from the trial court's errors denied him a fair trial. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-002540 Terlizzi Home Improvement, LLC, Appellant,
v.
Michael L. Boheler, Jeannette A. Boheler and the Palmetto Bank as Assignee of Midlands Mortgage Corp., Defendants,
Of Whom Michael L. Boheler and Jeannette A. Boheler are the Respondents,
v.
William Terlizzi, Third-Party Defendant and an Appellant. Robert Merrel Cook, II, of The Robert Cook Law Firm, LLC, of Leesville, for Appellant. Charles A. Krawczyk and Kathleen McDavid Muthig, both of Finkel Law Firm LLC, of Columbia, for Respondents.
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Cases to be Submitted Without Oral Argument | |
2015-002449 |
Mansy McNeil, Appellant,
v.
Mark Keel, Director, South Carolina Law Enforcement Division (SLED) and the State of South Carolina, Respondents.
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2015-000740 |
Clarence S. Gregory, #227394, Appellant,
v.
Riley Pope & Laney, LLC, Law Firm, Attorney(s) and Counselor(s) at Law; Individually and Individually named, Theodore D. Riley, T. Lowndes Pope, LeRoy Free Laney, Nikole H. Boland, of whom all are sued in their individual and professional capacities, Riley Pope & Laney, Limited Liability Contractor(s) (LLC);
and
Heath McAlvin Stewart, III, Individually and Individually named, of who, formerly employed with Riley Pope & Laney, LLC, law firm, an agent attorney is sued in his individual and professional capacities, et al.,
All whom are named as Defendants,
Of which Riley Pope & Laney, LLC is the Respondent.
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2015-001020 |
The State, Respondent,
v.
Brian Jacob Terrell, Appellant.
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2015-002356 |
Clarence B. Jenkins, Jr., Appellant,
v.
South Carolina Department of Employment & Workforce, South Carolina Budget & Control Board, and Office of the Governor of South Carolina, Respondents.
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2015-002240 |
Edward L. Green, Appellant,
v.
Mark Keel, Director, South Carolina Law Enforcement Division (SLED) and the State of South Carolina, Respondents.
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2016-000561 |
John Gregory, Appellant,
v.
Mark Keel, Chief of South Carolina Law Enforcement Division (SLED) and the State of South Carolina, Respondents.
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2015-002571 |
Founders Federal Credit Union, Appellant,
v.
Sharon T. Irving and The Auto Shop, Respondents.
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2015-000944 |
The State, Respondent,
v.
Darnell Keri Slaton, Appellant.
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2015-002387 |
David Johnson, Appellant,
v.
Mark Keel, Director, South Carolina Law Enforcement Division (SLED) and the State of South Carolina, Respondents.
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2016-000470 |
The State, Respondent,
v.
Dale Mack Feaster, Appellant.
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2015-001672 |
Duke Energy Carolinas, LLC, Respondent,
v.
Randall S. Hiller and Janet C. Hiller, Appellants.
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2015-001739 |
The State, Respondent,
v.
Kendall Jerome Tyus, Jr., Appellant.
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2015-001955 |
In the Matter of the Care and Treatment of Ronald Owen, Appellant.
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2016-000607 |
The State, Respondent,
v.
Daniel Maurice Frasier, Appellant.
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2014-001051 |
The State, Respondent,
v.
Joseph Todd Rowland, Appellant.
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2015-002365 |
The State, Respondent,
v.
Isaac Romell Williams, Appellant.
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2015-002437 |
The State, Respondent,
v.
Wilbert J. Franklin, Appellant.
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2016-001339 |
Martha Perez, Claimant, Respondent,
v.
Alice Manufacturing Company, Inc., Employer, and Great American Alliance Insurance Company, Carrier, Appellants.
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