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April 2023 |
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 4, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-001473 Joseph G. Kelsey, #217218, Appellant,
v.
South Carolina Department of Probation, Parole, and Pardon Services, Respondent. Gerald Malloy, of Malloy Law Firm, of Hartsville; Jonathan Edward Ozmint, of The Ozmint Firm, LLC, of Greenville; Hannah Lyon Freedman, of Justice 360, of Columbia; John H. Blume, III, of Law Office of John Blume, of Columbia; and Whitney Boykin Harrison, of McGowan Hood Felder & Phillips, of Columbia, all for Appellant. General Counsel Matthew C. Buchanan, of Columbia, for Respondent. Joseph G. Kelsey appeals the order of the Administrative Law Court (ALC), which affirmed the denial of parole by the South Carolina Department of Probation, Parole, and Pardon (SCDPPPS), arguing: (1) the ALC has the authority to immediately release a parole applicant; (2) the ALC affirmed an arbitrary and capricious parole decision; (3) SCDPPPS intruded on the judicial function in its factual findings; and (4) SCDPPPS is required to give putative parolees access to their parole files. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-000537 The State, Respondent,
v.
Daquan Javor Crummey, Appellant. Appellate Defender Taylor Davis Gilliam, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Joshua Abraham Edwards, both of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, all for Respondent. Daquan J. Crummey appeals his convictions for first-degree burglary, armed robbery, assault and battery, and possession of a weapon, arguing the circuit court erred by finding a search warrant was not deficient and by admitting into evidence a photographic lineup identification, two photographs from Facebook, and a recorded jail call. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2020-000638 Gerald Nelson, Appellant,
v.
Christopher S. Harris and Charles L. Baughman, Sr. d/b/a K&B Towing, LLC, Respondents. H. Patterson McWhirter, of McWhirter Bellinger & Associates, PA, of Columbia; Kerri Brown Rupert, of McWhirter Bellinger & Associates, PA, of Lexington; Amanda Nicole Pittman, of McGowan Hood Felder & Phillips, of Columbia; Matthew B. Rosbrugh, of MBR Law, LLC, of Columbia; and Melissa Garcia Mosier, of Joye Law Firm, LLP, of Columbia, all for Appellant. John Martin Grantland, Wesley Brian Sawyer, Rogers Edward Harrell, III, and Sarah Elizabeth Caiello, all of Murphy & Grantland, PA, of Columbia, for Respondents. In this negligence action arising from a motor vehicle accident, Gerald Nelson argues the circuit court erred in failing to charge the jury regarding its obligation to disregard the existence of liability insurance during both the court's initial charge and again when the jury raised an insurance question during deliberations. Additionally, Nelson argues the court erred in denying his motion for a new trial absolute or nisi additur when the verdict, the jury's insurance question during deliberations, and other factors demonstrated the jury's improper considerations. |
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Wednesday, April 5, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000581 Harland Jones, Appellant,
v.
Karen Robinson, Respondent. Lane Douglas Jefferies and Eric Marc Poulin, both of Anastopoulo Law Firm, LLC, of Charleston; Roy T. Willey, IV, of Charleston; Gus A. Anastopoulo, of Gus Anastopoulo Law Firm, LLC, of Charleston; Meliah Bowers Jefferson and Wallace K. Lightsey, both of Wyche Law Firm, of Greenville; and John Carroll Moylan, III, of Wyche, PA, of Columbia, all for Appellant. Sterling Graydon Davies, Brett Harris Bayne, and Michael McCrea Trask, all of McAngus Goudelock & Courie, LLC, of Columbia; and Helen F Hiser, of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondent. In this appeal originating from a collision between a bicycle and a car, Appellant Harland Jones challenges an order granting a motion for sanctions imposed against him. Appellant maintains that the circuit court erred in (1) granting the motion due to a lack of factual support; (2) imposing disproportionate sanctions for the alleged misconduct; and (3) ordering Appellant to pay all of Respondent Karen Robinson's attorney fees and costs. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-000454 U.S. Bank, NA as trustee relating to the Chevy Chase Funding, LLC Mortgage Backed Certificates, Series 2004-B, Plaintiff,
v.
Alyce F. Otto, individually; Alyce F. Otto, Trustee Under Declaration of Trust of Alyce F. Otto dated November 17, 2009; TD Bank, NA; The United States of America, acting by and through its agency the Internal Revenue Service; Laura Kerhulas Giese, as Co-Trustee of the Theodore Ernest Kerhulas Trust Under Declaration of Trust dated May 25, 2004; Mark Warner Kerhulas, as Co-Trustee of the Theodore Ernest Kerhulas Trust Under Declaration of Trust dated May 25, 2004; Jackson L. Munsey, Jr.; Citibank, NA; Defendants.
AND
Alyce F. Otto, Trustee Under Declaration of Trust of Alyce F. Otto dated November 17, 2009, Plaintiff,
v.
Jackson L. Munsey, Jr., Defendant.
Of whom Jackson L. Munsey, Jr. is the Appellant,
and
Alyce F. Otto, individually; Alyce F. Otto, Trustee Under Declaration of Trust of Alyce F. Otto dated November 17, 2009; TD Bank, NA; Laura Kerhulas Giese, as Co-Trustee of the Theodore Ernest Kerhulas Trust Under Declaration of Trust dated May 25, 2004; and Mark Warner Kerhulas, as Co-Trustee of the Theodore Ernest Kerhulas Trust Under Declaration of Trust dated May 25, 2004 are the Respondents. Andrew Sims Radeker, of Harrison, Radeker & Smith, P.A., of Columbia, for Appellant. David L. Walsh ,of Gaines & Walsh, of Spartanburg, for Respondents Laura Kerhulas Giese and Mark Warner Kerhulas. Max Thomas Hyde, Jr. and Samantha Nicholson Larkins, of Hyde Law Firm, P.A., of Spartanburg; and Sarah P. Spruill, of Haynsworth Sinkler Boyd, PA, of Greenville, all for Respondent Alyce F. Otto. Jackson L. Munsey, Jr. appeals a master in equity's order granting a default judgment to Alyce F. Otto, individually and as trustee under Declaration of Trust of Alyce F. Otto dated the 17th of November 2009, for breach of an installment land contract (the Contract). On appeal, Munsey argues the master erred (1) in awarding Otto damages in an amount not supported by the record, (2) in denying Munsey his procedural rights regarding cross examination and objection to evidence, (3) in awarding Otto damages for the rental value of the property that was the subject of the Contract (the Property) during the pendency of a prior appeal, and (4) in awarding Otto judgment interest for a period before her judgment was rendered. |
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Thursday, April 6, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000133 The State, Respondent,
v.
Samuel Lamar Burnside, Appellant. Appellate Defender Sarah Shipe, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Assistant Attorney General Julianna E. Battenfield, all of Columbia, for Respondent. Samuel L. Burnside appeals his convictions for murder and possession of a weapon during the commission of a violent crime. On appeal, Burnside argues the trial court erred by failing to quash the jury panel when the State used a peremptory strike in a racially discriminatory manner. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-000720 Marvin Gipson, Respondent,
v.
Clyde Williamson, Betsy Williamson, Coffey & McKenzie, P.A., Defendants,
Of which Coffey & McKenzie, P.A. is the Appellant. Steven Smith McKenzie, of Coffey & McKenzie, PA, of Manning, for Appellant. Benjamin Allen Dunn, II, of Columbia, for Respondent. In this negligence action, Coffey & McKenzie, P.A. (Law Firm) argues Marvin Gipson (Gipson) failed to establish by expert testimony the standard of care for an attorney in a real estate closing. Law Firm also argues the trial court erred in refusing to reduce the verdict of the jury. |
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Monday, April 10, 2023 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-001865 The State, Respondent,
v.
Terry R. McClure, Appellant. Mario Anthony Pacella and Matthew B. Robins, both of Strom Law Firm, LLC, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Melody Jane Brown and Senior Assistant Deputy Attorney General William M. Blitch, Jr., all of Columbia, for Respondent. Terry R. McClure appeals his conviction for murder, attempted murder, first-degree burglary, and possession of a weapon during the commission of a violent crime, arguing the trial court erred by (1) admitting a redacted video recording of his interrogation, which contained hearsay and burden-shifting statements; (2) charging the jury on inferred malice; (3) admitting text messages as non-hearsay statements of a co-conspirator when he was not charged in any conspiracy; (4) qualifying a law enforcement officer as an expert in "street culture, language, and slang"; and (5) refusing to allow him to question a witness about charges against her that were dismissed and such refusal prejudiced him by violating his rights to a speedy trial. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000345 Joseph Ragsdale, Appellant,
v.
South Carolina Criminal Justice Academy, Respondent. C. Bradley Hutto, of Williams & Williams, of Orangeburg, for Appellant. James M. Fennell, of Columbia, for Respondent. Joseph Ragsdale appeals the Administrative Law Court's (ALC's) order affirming the decision of the Law Enforcement Training Council (the Council) to permanently deny his eligibility to obtain certification as a law enforcement officer in this state as a sanction for his misconduct. Ragsdale argues the ALC erred by determining (1) the finding of misconduct was supported by substantial evidence and (2) the sanction was warranted by the evidence and was not arbitrary and capricious, excessive, or an abuse of discretion. |
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11:20 a.m. | (Time Limits: 15-15-5) |
2020-000687 Peter Michael Buonaiuto, Sr., individually, and of behalf of all others similarly situated, Appellant,
v.
The Town of Hilton Head Island, South Carolina, Respondent. Taylor Meriwether Smith, IV, of Harrison, Radeker & Smith, P.A., of Columbia, for Appellant. Curtis Lee Coltrane, of Coltrane & Wilkins, LLC, of Hilton Head Island, for Respondent. In this appeal from a declaratory judgment action, Peter Michael Buonaiuto, Sr., argues the master in equity erred in denying his motion for summary judgment and granting the Town of Hilton Head Island's (the Town's) motion for summary judgment. On appeal, he asserts the master erred in determining the "Contract for Professional Services" was not a contract for services pursuant to the Town's Procurement Code. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2020-000550 Kevin L. Paul, Appellant,
v.
Walmart Stores East, L.P.; Wal-Mart Supercenter, d/b/a Wal-Mart Store #1339; and Richland County Sheriff's Office, Defendants,
Of Which Richland County Sheriff's Office is the Respondent. Patrick James McLaughlin, of Wukela Law Office, of Florence, for Appellant. Robert David Garfield, of Crowe LaFave, LLC; and Andrew F. Lindemann, of Lindemann Law Firm, P.A., both of Columbia, for Respondent. Kevin Paul appeals the circuit court's grant of summary judgment to Richland County Sheriff's Office on his malicious prosecution, defamation per se, and gross negligence causes of action arising out his brother's arrest for shoplifting while identifying himself as Kevin Paul. He contends the circuit court erred in (1) finding any damages sustained arose as a result of the criminal activities of a third party, (2) finding the Sheriff's Office was entitled to absolute immunity because its actions were judicial or quasi-judicial in nature, (3) failing to find the Sheriff's Office voluntarily assumed a duty to perform certain acts with due care, and (4) relying on an erroneous finding of fact. |
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Tuesday, April 11, 2023 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2020-000723 Frederick Nelson, Employee, Respondent,
v.
City of North Charleston, Employer and Carrier, Appellant. Johnnie W. Baxley, III, of Willson Jones Carter & Baxley, P.A., of North Charleston, for Appellant. James K. Holmes and Malcolm M. Crosland, Jr., both of The Steinberg Law Firm, LLP, of Charleston, for Respondent. The City of North Charleston (the City) appeals the appellate panel's order that affirmed the single commissioner's finding that Frederick Nelson was permanently and totally disabled in a work related accident. The City asserts the appellate panel erred in (1) failing to provide detailed explanations as to how it came to a determination of permanent and total disability, (2) relying on an incorrect legal standard when determining permanent and total disability, (3) directly misquoting an expert evaluation in the record and relying on that misquote to make a determination of permanent and total disability, and (4) making a credibility finding that is not backed by the evidence in the record. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2022-000047 Michael Shawn Halsema, Respondent,
v.
Paige Ashli Earley, Appellant. Arlaine Rockey, of Marshall; and Gina Rockey Collias, of Kings Mountain, NC, both for Appellant. Daniel Dominic D'Agostino and Jacqueline N. Davis, both of D'Agostino Law Firm, of York, for Respondent. Paige Earley appeals the family court's order approving her and Michael Halsema's mediated settlement agreement. |
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Wednesday, April 12, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 15-15-5) |
2020-000917 Karen Petit, Appellant,
v.
Phyllis Jean Krohn, USAA Federal Savings Bank, and USAA Investment Management Co., Respondents. Jane Hawthorne Merrill, of Hawthorne Merrill Law, LLC, of Greenwood; and Scarlet Bell Moore, of Greenville, both for Appellant. William Stevens Brown, V, of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondents USAA Federal Savings Bank and USAA Investment Management Co. Joshua Shaheen Nasrollahi, of Greenwood, for Respondent Phyllis Jean Krohn. Karen Petit appeals the circuit court's order granting defendants' motions for summary judgment, arguing the circuit court failed to view the evidence in the light most favorable to the nonmoving party when considering her causes of action for negligence, breach of fiduciary duty, and tortious interference with contract arising from her claim that the USAA defendants allegedly accepted a designation of beneficiary form purportedly executed by defendant Krohn through a deficient power of attorney. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-000739 Jorge Lopez-Celestin, Claimant, Appellant,
v.
Reeves Young, LLC, and Holder Construction Group, Employers, and Amerisure Insurance Company, and American Zurich Insurance Company, Carriers, Defendants,
of whom Reeves Young, LLC and Amerisure Insurance Company are the Respondents. C. Daniel Vega, of Smith, Born, Leventis, Taylor & Vega, LLC, of Columbia, for Appellant. Jason Alexander Griggs, of Willson Jones Carter & Baxley, P.A., of Greenville; and Marina Lynn Mccormick, of Greenville, both for Respondents. In this workers' compensation appeal, Jorge Lopez-Celestin appeals the decision excluding deposition testimony from evidence and the finding that the injuries he suffered while driving to a job site in another state do not fall within an exception to the "going and coming rule." |
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12:00 p.m. | (Time Limits: 10-10-5) |
2020-000921 Marsh Waterproofing, Inc., Respondent,
v.
Steeple Dorchester Ltd. and Hamilton Management Services Company, Inc., Appellants. Christopher Clay Olson, of Gordon & Rees LLP, of Charleston, for Appellants. Albert A. Lacour, III, and Tyler E. Cloud, both of Clawson & Staubes, LLC, of Charleston, for Respondent. Steeple Dorchester Ltd. (Steeple) and Hamilton Management Services Company (Hamilton) appeal an order finding Marsh Waterproofing, Inc. (Marsh) was entitled to claim a mechanic's lien to secure a debt, including costs and attorney's fees. Steeple and Hamilton argue the trial court erred in: (1) entering a money judgment in favor of an unlicensed contractor in violation of S.C. Code Ann. ยงยง 40-11-370 (2011) and 40-11-30 (2011); (2) issuing a money judgment against them because no proof was presented that either of them entered into a contract with Marsh; (3) granting a judgment on the mechanic's lien because it was not a justiciable matter; (4) awarding attorney's fees and costs to Marsh; (5) not granting their motion for a new trial; and (6) not granting their motion for reconsideration. |
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12:40 p.m. | (Time Limits: 10-10-5) |
2020-000617 Beachwalk Hotel & Condominiums Association, Inc. and Beachwalk Hilton Head, LLC, Appellants,
v.
The Town of Hilton Head Island and/or The Town of Hilton Head Island Board of Zoning Appeals, and SDC Properties, Inc., Respondents. Thomas Calvin Taylor, of Law Offices of Thomas C. Taylor, LLC, of Bluffton; and Kathleen McColl McDaniel, of Burnette Shutt & McDaniel, PA, of Columbia, both for Appellants. Gregory Milam Alford, of Alford Law Firm LLC, of Hilton Head Island; and Brian Earl Hulbert, of Bluffton, both for Respondent The Town of Hilton Head Island and/or The Town of Hilton Head Island Board of Zoning Appeals. William Lamar Johnson, II, and Barry L. Johnson, both of Bluffton; and Stephen Harrison Williams, of Shelton Law Firm, LLC, of Hilton Head Island, all for Respondent SDC Properties, Inc. Beachwalk Hotel & Condominiums Association, Inc. appeals an order of the circuit court upholding the decision of the Town of Hilton Head Island Board of Zoning Appeals, which affirmed a planning staff determination approving SDC Properties, Inc.'s proposed development of a welcome center. On appeal, Beachwalk argues that the circuit court erred (1) in failing to consider the existing development within an overlay zoning district when evaluating whether any density remained for the proposed development and (2) in basing its decision in part on a finding that the subject property would have no economic value if Beachwalk prevailed. |
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Thursday, April 13, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000818 Lisa Styles, Respondent-Appellant,
v.
Southeastern Grocers, Inc. and BI-LO, LLC, Appellants-Respondents. Andrew Joseph McCumber, of Slotchiver & Slotchiver, LLP, of Mount Pleasant; and David Shankman, of Tampa, FL, both for Appellants-Respondents. Brian Patrick Murphy, of Stephenson & Murphy, LLC, of Greenville, for Respondent-Appellant. In this false imprisonment action, Southeastern Grocers, LLC, and BI-LO, LLC, appeal a jury verdict in favor of Lisa Styles (Styles). BI-LO argues that (1) the circuit court erred in not granting its motion for JNOV on Styles's claim of false imprisonment; (2) certain evidentiary rulings by the circuit court were flawed; and (3) the circuit court should have granted its motion for JNOV or a new trial on damages. On cross-appeal, Styles argues that the circuit court erred in granting a directed verdict to BI-LO on her malicious prosecution claim. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-001643 Mitchell Logan Hinson, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Senior Assistant Deputy Attorney General Megan Harrigan Jameson and Assistant Attorney General Danielle Dixon, both of Columbia, for Respondent. In this appeal from the denial of Hinson's application for post conviction relief, this court granted certiorari and ordered briefing on the issues of whether trial counsel was ineffective for failing to object to a premature Allen charge and whether Hinson knowingly and intelligently waived his right to a direct appeal. On his direct appeal, Hinson argues the trial court erred by refusing to conduct a hearing on his motion for a new trial based on an allegation that the jury foreman failed to disclose his relationship with both the victim and Hinson. |
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Thursday, April 20, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5-5) |
2020-000458 James L. Braswell, Sr., Respondent-Appellant,
v.
James F. Amick, Appellant-Respondent. Karl Stephen Brehmer, of Brown & Brehmer, of Columbia; and James Donald Floyd, of Baker Ravenel & Bender, LLP, of Columbia, both for Appellant-Respondent. Jennifer Dowd Nichols and Samuel M. Price, Jr., both of Newberry, for Respondent-Appellant. In this declaratory action, James F. Amick argues the circuit court erred in finding James L. Braswell, Sr. had an appurtenant prescriptive easement across Amick's property. Amick contends the circuit court used an incorrect test in determining the existence of an easement and erred in finding Braswell's use was open and notorious. |
Cases to be Submitted Without Oral Argument | |
2021-000847 |
Tony T. Good, Appellant,
v.
Tomekia Means and United States Department of Agriculture, Respondents.
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2019-001090 |
James L. Carrier, Respondent,
v.
State of South Carolina, Petitioner.
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2021-000226 |
The State, Respondent,
v.
Duane Arness Harrison, Appellant.
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2021-000913 |
The State, Respondent,
v.
Robert Lawrence Hawkins, Appellant.
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2022-000090 |
Randall G. Dalton, Employee, Appellant,
v.
The Muffin Mam, Inc., Employer, and Amerisure Mutual Insurance Company, Inc., Carrier, Respondents.
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2020-001378 |
The State, Respondent,
v.
Kevin J. McKinnon, Appellant.
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2021-000382 |
The State, Respondent,
v.
Anthony Tyrone McKennie, Appellant.
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2021-001398 |
Paulette Lawrence, Appellant,
v.
City of North Charleston, Respondent.
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2021-000727 |
Andrew Davis Desilet, Appellant,
v.
Amanda Leslie Desilet, Respondent.
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2020-001332 |
Henry Lee Bradley, Appellant
v.
South Carolina Department of Corrections, Respondent.
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2020-000076 |
The State, Respondent,
v.
Johnathan Rakim Bright, Appellant.
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2020-001388 |
The State, Respondent,
v.
Gary Martin Wirtz, Appellant.
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2021-000620 |
The State, Respondent,
v.
Walter Alexander Palacios, Appellant.
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2021-000444 |
The State, Respondent,
v.
Jermaine Demarcus Grier, Appellant.
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2020-001018 |
The State, Respondent,
v.
Terrell Denard Knightner, Appellant.
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2022-000242 |
Joyce Porter and Edith Durham, Respondents,
v.
Jimmy L. Davis, Inc., and Jimmy L. Davis, Individually, Appellants.
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2021-000986 |
Tony's Garage, LLC, Appellant,
v.
UniFirst Corporation, Respondent.
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2021-000563 |
The State, Respondent,
v.
Christopher Lee Sanders, Appellant.
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2020-001397 |
The State, Respondent,
v.
James Winston Almond, Appellant.
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2021-001335 |
Patrick Davis, Petitioner,
v.
State of South Carolina, Respondent.
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2020-001425 |
The State, Respondent,
v.
Markese Christopher Wilson, Appellant.
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2018-001186 |
The State, Respondent,
v.
Matt Stevens, Appellant.
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2020-001075 |
Jefferson Davis, Jr., Appellant,
v.
Nate Leupp, Automatic, Inc., Facebook, Inc., John Does 1-40, Defendants,
of which Nate Leupp, Facebook, Inc., and John Does 1-40 are Respondents.
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