Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
Court of Appeals - Roster of Cases for Hearing

   
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, May 18, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
17607   Ben J. Nash d/b/a B&B Rentals, Billy F. Stegall, Jr. and Joseph H. Stegall, Appellants, v. The Tara Plantation Homeowners Association, Inc., Respondent, and The Tara Plantation Homeowners Association, Inc., Respondent, v. William Howarth, Paige Howarth, Shirley Vaillancourt, Courtlandt Stone, J. Carroll Robinson, Connie Robinson, Alan G. Crump, and Patricia D. Crump, Appellants.

Daniel J. Ballou and Tracy T. Vann, of Rock Hill, for Appellants. Brian Scott McCoy, of Rock Hill, for Respondent.

The Appellants appeal the trial court's ruling that restrictive covenants apply to their lots.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17527   The State, Respondent, v. Mark Baker, Appellant.

Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

Mark Baker appeals his convictions for four counts of committing a lewd act upon a minor, arguing the trial court erred in (1) refusing to quash the indictment; (2) denying his motion for a continuance; (3) limiting his cross-examination of a witness; and (4) qualifying a witness as an expert in forensic interviewing.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17452   The State, Respondent, v. Karriem Provet, Appellant.

Tricia A. Blanchette, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant, Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R.J. Shupe, of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

In this criminal case, the Court of Appeals addresses the appellant's claim that the trial court erred in denying his motion to suppress all of the evidence resulting from his traffic stop because the police subjected appellant to an unreasonable search and seizure in violation of the Fourth Amendment.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
17606   Clarence Rutland, as Personal Representative for the Estate of Tiffanie Rutland, Appellant, v. South Carolina Department of Transportation, Respondent.

Lee D. Cope, R. Alexander Murdaugh, Matthew V. Creech, of Hampton, and J. Christopher Wilson, of Bamberg, for Appellant. Richard B. Ness and Norma A. T. Jett, of Bamberg, for Respondent.

Clarence Rutland, as Personal Representative of the Estate of Tiffanie Rutland, appeals the trial court's decision granting the South Carolina Department of Transportation's (SCDOT) post trial motion for set-off which subsequently reduced the verdict against SCDOT to zero.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
17351   Kevin Patrick Kennedy, Sr., Appellant, v. Dawn Kennedy, Respondent.

Kenneth Philip Shabel, of Spartanburg, for Appellant. J. Edwin McDonnell, of Spartanburg, for Respondent.

In this appeal from the family court, the husband contends the family court erred (1) in awarding the wife permanent periodic alimony; (2) in dividing the parties' marital debts; and (3) in denying the husband's request for attorneys' fees.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
17410   South Carolina Farm Bureau Mutual Insurance Company, Appellant, v. Henry Kennedy, Respondent.

Karl S. Brehmer and L. Darby Plexico, III, of Columbia, for Appellant. Eric Holcombe Philpot, of Greenville, for Respondent.

South Carolina Farm Bureau Mutual Insurance Company (Farm Bureau) appeals from the trial court's order finding Henry Kennedy was entitled to underinsured motorist (UIM) coverage, arguing the court erred in finding Kennedy was occupying the manure truck when he was hit by the pickup truck because he was not upon the manure truck at the time of the accident.

Wednesday, May 19, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
17526   The State, Respondent, v. Darrell Burgess, Appellant.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

Darrell Burgess appeals the trial court’s refusal to excuse a juror after the juror revealed that he was the supervisor of the murder victim’s brother-in-law and the trial court’s refusal to admit evidence of third-party guilt.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17539   Sam Wayne Vetro, M.D., Appellant, v. South Carolina Department of Labor Licensing and Regulation, South Carolina State Board of Medical Examiners, Respondent.

Clifford O. Koon, Jr, of Columbia, for Appellant. Kenneth P. Woodington, of Columbia, for Respondent.

Sam Vetro appeals the Administrative Law Court’s affirmation of the State Board of Medical Examiners’s decision to revoke his license to practice medicine based on the Board’s finding that Vetro violated S.C. Code Ann. § 40-47-200(F)(3), (6), and (8)(2001).

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17553   Randall W. Brummitt, Appellant, v. Patricia L. Brummitt, Respondent.

Michael M. Jordan, of Sumter, for Appellant. Richard T. Jones, of Sumter, for Respondent.

In this family court action, Randall Brummit appeals the trial court's order increasing his alimony obligation, finding him in contempt, and requiring him to pay his ex-wife's attorney's fees and costs.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
17528   The State, Respondent, v. Adams Gibson, Appellant.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Alphonso Simon, Jr., of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

In this criminal matter from Richland County, Appellant appeals his conviction for murder. Appellant argues the trial court erred in; (1) failing to direct a verdict on the charge of murder, and (2) failing to instruct the jury on involuntary manslaughter.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
17603   Margaret O'Shea, Respondent, v. South Carolina Law Enforcement Division, Appellant.

Attorney General Henry McMaster, Assistant Attorney General J.C. Nicholson, III, Assistant Attorney General Natalie Armstrong, of Office of the Attorney General, of Columbia, for Appellant. Christian Stegmaier, of Columbia, for Respondent.

The South Carolina Law Enforcement Division (SLED) appeals an order in which the Administrative Law Court held Margaret O'Shea would not be required to be licensed as a private investigator in order to continue her work as a mitigation specialist and prohibited SLED from inspecting files in O'Shea's possession.

 2:45 p.m. (Time Limits: 10-10-5)  
17483   Michelle McGauvran, Appellant, v. Dorchester County, Self-Insured, through the S.C. Association of Counties Workers' Compensation Trust, Respondents.

Andrew Nathan Safran, of Columbia, for Appellant. Roy A. Howell, III, and Kirsten L. Barr, of Charleston, for Respondent.

In this workers’ compensation appeal, the appellant challenges the finding of the Workers’ Compensation Commission that she is not entitled to benefits for an injury sustained while employed by the respondent. The appellant argues that she suffered a compensable injury arising out of her employment and that the Commission’s decision is not supported by substantial evidence.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
17311   Danny R. Pilgrim, Respondent v. Billy Eaton and Rufus Revis, and S.C. Workers Compensation Uninsured Employer's Fund, Defendants, Of Whom Billy Eaton and Rufus Revis are Appellants and S.C. Workers Compensation Uninsured Employer's Fund is also Respondent.

Thomas Bailey Smith, of Mt. Pleasant, for Appellants. Ernest Caskey Trammell, of Anderson, for Respondent Danny Pilgrim. Amy V. Cofield, of Lexington, for Respondent South Carolina Uninsured Employer's Fund.

Rufus Revis appeals the trial court’s affirmation of the Worker’s Compensation Commission’s finding that Revis was a statutory employer of Danny Pilgrim and that Revis was subject to the Worker’s Compensation Act.

 4:15 p.m. (Time Limits: 10 - 10 - 5 )  
17317   Delores Nelson and Bernard Nelson, Parents of Patrice N., a Minor, Appellants, v. Piggly Wiggly Central, Inc., d/b/a Piggly Wiggly of Bishopville, Inc., Melco of Bishopville, Inc. and Lola Nelson, Defendants, of whom Piggly Wiggly Central, Inc., d/b/a Piggly Wiggly of Bishopville, Inc., Melco of Bishopville, Inc. are the Respondents.

William W. Wheeler, III, of Bishopville, for Appellants. Thomas E. Player, Jr, of Sumter, for Respondent Piggly Wiggly. D. Michael Freeman, II, of Myrtle Beach, for Respondent Melco.

Delores and Bernard Nelson appeal the entry of summary judgment in favor of Piggly Wiggly Central, Inc., d/b/a Piggly Wiggly of Bishopville, Inc., and Melco of Bishopville, Inc.

Thursday, May 20, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
17551   Jill A. Marchant, Appellant, v. Leslie C. Marchant, Respondent.

Sheila McNair Robinson, of West Columbia, and Katherine Carruth Goode, of Winnsboro, for Appellant. Jean Perrin Derrick, of Lexington, for Respondent.

Wife appeals the family court's failure to find Husband was voluntarily underemployed and impute income to Husband for loans, a vehicle, and housing provided by his employer. Wife also appeals the family court's imputation of income to her when she does not desire to work in the field of her degree, is attending school to obtain a degree in a different area, and was primarily a stay-at-home mother during the marriage. In light of these alleged errors, Wife contends the family court also erred in its determination of child support, alimony, and attorney's fees.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17554   Ira Banks, James Bell and Vernon Holmes, Appellants, v. St. Matthew Baptist Church, an unincorporated association and Clinton Brantley, Respondents.

Thomas O. Sanders, IV, of Charleston, for Appellants. Richard Carson Thomas, of Columbia, for Respondent St. Matthew Baptist Church. P. Gunnar Nistad and Weston Adams, III, of Columbia, for Respondent Clinton Brantley.

Appellants brought suit against St. Matthew Baptist Church and its pastor for defamation, negligence, and intentional infliction of emotional distress contending the pastor informed the congregation Appellants, as trustees, had mismanaged money and money was missing from the church. Appellants appeal the trial court's grant of summary judgment to the church because the court did not have jurisdiction to intervene as it was a church matter.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17541   Margaret P. Ware, Respondent, v. Ralph D. Ware, Appellant.

Gregory Samuel Forman, of Charleston, for Appellant. William J. Clifford, of North Charleston, for Respondent.

This case involves a jurisdictional question over divorce actions. Ralph D. Ware (Husband) filed a divorce action in Alabama, and Margaret P Ware (Wife) filed a second divorce action here in South Carolina. A South Carolina family court granted Wife a divorce from Husband after acknowledging Husband had already commenced a divorce action in Alabama. On appeal, Husband argues the family court erred by refusing to vacate final divorce orders because the family court allowed Wife to collaterally attack the personal jurisdiction of the Alabama Court orders. Specifically, Husband argues the Alabama Court, as first tribunal to acquire jurisdiction, had exclusive jurisdiction over the divorce proceedings.

Wednesday, May 19, 2010
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17525   The State, Respondent, v. Harold Orr III, Appellant.

Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Harold Orr, III appeals his convictions for criminal sexual conduct with a minor first degree and lewd act upon a minor, arguing the trial court erred in (1) denying his motion for a mistrial, (2) limiting his cross-examination of a witness, and (3) failing to require Officer Paulson to testify at trial pursuant to Rule 6, SCRCrimP.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17536   The State, Respondent, v. Santiago Rios, a/k/a Santiago Pasqual, Appellant.

Ricky Keith Harris, of Spartanburg, for Appellant. Henry Dargan McMaster, Attorney General; John W. McIntosh, Chief Deputy Attorney General; and Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

Santiago Rios appeals his conviction for murder, arguing the trial court erred in (1) denying his request to suppress two statements given to police because he did not knowingly and intelligently waive his Miranda rights, and (2) failing to charge the jury on involuntary manslaughter and self-defense.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
17604   Meagan Y. Nakatsu, Appellant, v. Encompass Indemnity Company, Respondent.

John Robert Peace, of Greenville, for Appellant. Robert D. Moseley, Jr., and C. Fredric Marcinak, of Greenville, for Respondent.

Nakatsu, who resided with her sister at the time of her accident, brought a declaratory judgment action against Encompass Indemnity Co. seeking to stack UIM coverage from her sister's Encompass insurance policy with her own UIM coverage from a different insurer. The trial court granted summary judgment to Encompass finding the policy excluded UIM coverage for resident relatives not operating covered vehicles. Nakatsu appeals.

 12:30 p.m. (Time Limits: 10 - 10 - 5 )  
17476   Savannah K. Johnson, Personal Representative of the Estate of Susan Johnson, Respondent, v. Horry County Solid Waste Authority, Appellant.

Mason A. Summers, of Columbia, and Douglas C. Baxter, of Myrtle Beach, for Appellant. Luke A. Rankin, of Conway, for Respondent.

Horry County appeals the trial court's exclusion of evidence regarding Victim's blood alcohol level in this wrongful death action. The County further claims the trial court erred in charging the jury that a commercially licensed driver is held to a higher standard of care than other drivers.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
17605   Richard M. Pendarvis and Thomas A. Pendarvis, Respondents, v. Jewell K. Cook a/k/a Judy Pendarvis, Appellant.

David Jay Parrish, of Charleston, for Appellant. Thomas A. Pendarvis, of Beaufort, pro se. A. Parker Barnes, Jr, of Beaufort, for Respondent Richard M. Pendarvis.

In this declaratory judgment action, Richard and Thomas Pendarvis claim that they have a prescriptive easement or an easement by prior use over a road crossing property owned by Jewell Cook. The master-in-equity granted the request for declaratory relief, and this appeal followed. Cook argues that the prescriptive easement claim is barred as a matter of law under the mistaken belief rule and the permissive use doctrine. Cook also argues that the elements of necessity and intent required to establish an easement by prior use are absent in this case.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
17639   The State, Respondent, v. Shirley Mae Geer, Appellant.

Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General A. West Lee, of Office of the Attorney General, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent.

Shirley Mae Greer was indicted by the Greenwood County Grand Jury for possession of crack cocaine. At trial, she was found guilty and sentenced to two years' incarceration, suspended upon two years probation with substance abuse counseling and random drug and alcohol testing and payment of $500.00 for her representation by the public defender. She appeals her sentence, asserting the circuit court erred in: 1) failing to dismiss the charges, 2) denying her motion to continue made on the grounds that the State withheld evidence, 3) denying her motion to quash the indictment on the grounds of selective prosecution, 4) denying the motion to suppress the drug evidence seized as the result of an unreasonable, warrantless search unsupported by probable cause, and 5) denying the motion to suppress drug evidence for which the State failed to present a sufficient chain of custody.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
17548   Government Employees Insurance Company, Respondent, v. Eugene John Draine, Appellant.

Robert B. Ransom, of Columbia, for Appellant. Bonum Sams Wilson, III, of Charleston, for Respondent.

In this appeal, Eugene Draine argues that the circuit court erred by refusing to reform his automobile insurance policy with the Government Employees Insurance Company (GEICO) to provide for underinsured motorist (UIM) coverage in an amount equal to his liability coverage. Specifically, Draine contends that section 38-77-350(E) of the South Carolina Code (2002) required GEICO to add such UIM coverage when Draine, in renewing his GEICO policy, failed to return an executed UIM offer form within thirty days after receiving it from GEICO.

Cases to be Submitted Without Oral Argument
16871    The State, Respondent, v. Freddie Richard Jones, Appellant.

17130    The State, Respondent, v. Jerome Curtis Buckson, Appellant.

17132    The State, Respondent, v. James Jermaine Abercrombie #1, Appellant.

17170    The State, Respondent, v. Lapatrick Gibson, Appellant.

17194    D. Lester Diggs, Appellant v. South Carolina Department of Corrections, Respondent.

17213    The State, Respondent, v. Antonio M. Williams, Appellant.

17215    Housemasters, Inc., Appellant v. Beth H. Murphy, Respondent.

17216    Kathleen M. Kelly, Respondent, v. James P. Rachels, Appellant.

17230    The State, Respondent, v. Octavia Middleton, Appellant.

17231    Julian Ford, 155800, Appellant v. State of South Carolina, Respondent.

17244    Dyshum M. Jones, #214747, Appellant, v. South Carolina Department of Corrections, Respondent.

17255    The State, Respondent, v. LeQuint Johnson #1, Appellant.

17288    The State, Respondent, v. Kristal Cordelia Jenrette, Appellant.

17294    The State, Respondent, v. Jane Dorothy Moore, Appellant.

17301    Franklin Hutson, Appellant v. S.C. State Ports Authority, Employer, and State Accident Fund, Carrier, Respondents.

17309    Tony L. Patterson #196949, Appellant, v. South Carolina Department of Corrections, Respondent.

17333    The State, Respondent, v. Aaron Grant Donaldson, Appellant.

17368    The State, Respondent, v. Tache Franklin, Appellant.

17370    The State, Respondent, v. Terris Lamar Martin, Appellant.

17372    The State, Respondent, v. Billy Joe Gordon, Appellant.

17375    The State, Respondent, v. Eddie Lee Ford, Appellant.

17377    The State, Respondent, v. Christopher S. McGuire, Appellant.

17378    The State, Respondent, v. Michael James, Appellant.

17379    The State, Respondent, v. Alan Bruce Carruthers, Appellant.

17380    The State, Respondent, v. Jacques Gibson, Appellant.

17389    The State,Respondent, v. Ronnie W. Wilson,Appellant.

17390    The State,Respondent, v. James Waiters, Jr.,Appellant.

17392    The State, Respondent, v. Samuel J. Thacker, Appellant.

17393    The State, Respondent, v. Michael S. West, Appellant.

17411    South Carolina Farm Bureau Mutual Insurance Company, Respondent, v. Gerald J. Smith and Patsy Smith as Mother and Guardian of Minors: Treydonia, LaQuisha and Gregory T., Appellants.

17414    Kenneth Dale Motsinger,Respondent, v. Lura Williams,Appellant.

17416    Tommy Logan, Appellant, v. Cherokee Landscaping and Grading Co. and The Gaffney Board of Public Works, Defendants, of whom The Gaffney Board of Public Works is the Respondent.

17423    Edmund Goins, Respondent, v. State of South Carolina, Petitioner.

17442    The State, Respondent, v. Steven B. Crabtree, Appellant.

17537    The State, Respondent, v. Roger Raynard Parker, Appellant.

17543    Cupid Shaw, Respondent, v. Anna Lee Shaw and Jerome Shaw,Defendants, of whom Anna Lee Shaw is the Appellant.

17544    Pearl C. Williams, Appellant, v. Dean Smalls, Respondent.

17552    James Moore, Respondent, v. Jeannette M. Benson and Thomas Lee Benson, Jr., Appellants.

17557    J. Emilie Carey and Henry Thomas, Appellants, v. Snee Farm Community Foundation and Jackie Walker, President, Defendants, of whom Snee Farm Community Foundation is the Respondent.

17609    Patricia H. Pitts and Robert G. Pitts, Respondents, v. Chad Fink, Appellant.

17942    Stacey C. Epps, Appellant, v. Richard Marshall Epps, Respondent.

18144    In Re: Michael C. Adam Lee Crouch, Appellant, v. Margaret Byrd, Respondent.______________________Valerie Crouch, Third Party Plaintiff, v. Margaret Byrd and Adam Crouch, Third Party Defendants.

18145    South Carolina Department of Social Services, Respondent, v. Sallie Wilson, Shawn Whitley, Peter Murphy, John Doe, and three minor children, Defendants,Of Whom, Shawn Whitley is the Appellant.

18147    South Carolina Department of Social Services, Respondent, v. Letha Steele, Joseph Gardner, Jr., Roger Dale Gibson, Jr., John Doe, whose name is unknown, Defendants, Of whom Letha Steele and Roger Dale Gibson are the Appellants. In the interests of: Sylvia N. F., Samantha M. G., and Nathan T. G., Minors under the age of 18.

18148    Charleston County Department of Social Services, Respondent, v. Jessica West, Scott Travelstead and John Doe, representing the unknown biological father or fathers of Madison T. and Kaylob T. and Kaylob T., a child and Madison T., a child, Defendants, Of Whom Jessica West is the Appellant.

17464    The State, Respondent, v. Kenneth Lee Huckabee, Appellant.