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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, May 18, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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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.
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Wednesday, May 19, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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Thursday, May 20, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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Wednesday, May 19, 2010 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Cases to be Submitted Without Oral Argument | |
16871 |
The State, Respondent, v. Freddie Richard Jones, Appellant.
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17130 |
The State, Respondent, v. Jerome Curtis Buckson, Appellant.
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17132 |
The State, Respondent, v. James Jermaine Abercrombie #1, Appellant.
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17170 |
The State, Respondent, v. Lapatrick Gibson, Appellant.
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17194 |
D. Lester Diggs, Appellant v. South Carolina Department of Corrections, Respondent.
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17213 |
The State, Respondent, v. Antonio M. Williams, Appellant.
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17215 |
Housemasters, Inc., Appellant v. Beth H. Murphy, Respondent.
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17216 |
Kathleen M. Kelly, Respondent, v. James P. Rachels, Appellant.
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17230 |
The State, Respondent, v. Octavia Middleton, Appellant.
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17231 |
Julian Ford, 155800, Appellant v. State of South Carolina, Respondent.
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17244 |
Dyshum M. Jones, #214747, Appellant, v. South Carolina Department of Corrections, Respondent.
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17255 |
The State, Respondent, v. LeQuint Johnson #1, Appellant.
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17288 |
The State, Respondent, v. Kristal Cordelia Jenrette, Appellant.
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17294 |
The State, Respondent, v. Jane Dorothy Moore, Appellant.
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17301 |
Franklin Hutson, Appellant v. S.C. State Ports Authority, Employer, and State Accident Fund, Carrier, Respondents.
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17309 |
Tony L. Patterson #196949, Appellant, v. South Carolina Department of Corrections, Respondent.
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17333 |
The State, Respondent, v. Aaron Grant Donaldson, Appellant.
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17368 |
The State, Respondent, v. Tache Franklin, Appellant.
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17370 |
The State, Respondent, v. Terris Lamar Martin, Appellant.
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17372 |
The State, Respondent, v. Billy Joe Gordon, Appellant.
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17375 |
The State, Respondent, v. Eddie Lee Ford, Appellant.
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17377 |
The State, Respondent, v. Christopher S. McGuire, Appellant.
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17378 |
The State, Respondent, v. Michael James, Appellant.
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17379 |
The State, Respondent, v. Alan Bruce Carruthers, Appellant.
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17380 |
The State, Respondent, v. Jacques Gibson, Appellant.
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17389 |
The State,Respondent, v. Ronnie W. Wilson,Appellant.
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17390 |
The State,Respondent, v. James Waiters, Jr.,Appellant.
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17392 |
The State, Respondent, v. Samuel J. Thacker, Appellant.
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17393 |
The State, Respondent, v. Michael S. West, Appellant.
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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.
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17414 |
Kenneth Dale Motsinger,Respondent, v. Lura Williams,Appellant.
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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.
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17423 |
Edmund Goins, Respondent, v. State of South Carolina, Petitioner.
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17442 |
The State, Respondent, v. Steven B. Crabtree, Appellant.
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17537 |
The State, Respondent, v. Roger Raynard Parker, Appellant.
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17543 |
Cupid Shaw, Respondent, v. Anna Lee Shaw and Jerome Shaw,Defendants, of whom Anna Lee Shaw is the Appellant.
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17544 |
Pearl C. Williams, Appellant, v. Dean Smalls, Respondent.
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17552 |
James Moore, Respondent, v. Jeannette M. Benson and Thomas Lee Benson, Jr., Appellants.
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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.
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17609 |
Patricia H. Pitts and Robert G. Pitts, Respondents, v. Chad Fink, Appellant.
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17942 |
Stacey C. Epps, Appellant, v. Richard Marshall Epps, Respondent.
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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.
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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.
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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.
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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.
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17464 |
The State, Respondent, v. Kenneth Lee Huckabee, Appellant.
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