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May 2014 |
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.
Monday, May 5, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-198090 The State, Respondent,
v.
Reginald Canty, Appellant. Assistant Public Defender Breen R. Stevens, of Orangeburg, for Appellant. Appellate Defender Benjamin John Tripp, of Columbia, for Appellant. 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 Respondent. Solicitor Ernest Adolphus Finney, III, of Sumter, for Respondent. Reginald Canty appeals his convictions for murder and armed robbery. He argues the trial court erred in: (1) admitting a photograph of the victim's gunshot wound; and (2) denying his directed verdict motion. |
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10:40 a.m. | (Time Limits: 10-15-5) |
2012-207289 Linda Johnson, as Personal Representative of the Estate of Inez Roberts, Respondent,
v.
Heritage Healthcare of Estill, LLC, d/b/a Heritage of the Lowcountry and/or Uni-Health Post Acute Network of the Lowcountry, United Clinical Services, Inc., United Rehab, Inc., And UHS-Pruitt Corporation, Appellants. Monteith Powell Todd, John Michael Montgomery, and Robert E. Horner, all of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Appellants. Jason Edward Bring and W. Jerad Rissler, both of Arnall Golden Gregory, LLP, of Atlanta, Georgia, for Appellants. Margie Bright Matthews of Bright Matthews Law Firm, LLC, of Walterboro, for Respondent. Lee Deer Cope of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Respondent. Matthew Vernon Creech of Peters Murdaugh Parker Eltzroth & Detrick, P.A., of Ridgeland, for Respondent. Charles McCutchen, of Orangeburg, for Respondent. In this wrongful death and survival action alleging nursing home negligence, Heritage Healthcare of Estill, LLC, d/b/a Heritage of the Lowcountry and/or Uni-Health Post Acute Network of the Lowcountry, United Clinical Services, Inc., United Rehab, Inc., and UHS-Pruitt Corporation (collectively, "Heritage") appeal from the trial court's denial of its motion to compel arbitration. Heritage argues the trial court erred in (1) concluding the motion to compel arbitration was not governed by the Federal Arbitration Act (FAA) when the transaction between the parties involved interstate commerce and (2) refusing to enforce the parties' arbitration agreement in accordance with its plain terms. |
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10:40 a.m. | (Time Limits: none) |
2012-207308 Cherry Scott, as Personal Representative of the Estate of Elizabeth Jones, Respondent,
v.
Heritage Healthcare of Estill, LLC, d/b/a Heritage of the Lowcountry and/or Uni-Health Post Acute Network of the Lowcountry, United Clinical Services, Inc., United Rehab, Inc., And UHS-Pruitt Corporation, Appellants. Monteith Powell Todd, John Michael Montgomery, and Robert E. Horner, all of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Appellants. Tyler Lawrence Arnold, W. Jerad Rissler, and Jason Edward Bring, all of Arnall Golden Gregory, LLP, of Atlanta, Georgia, for Appellants. Margie Bright Matthews of Bright Matthews Law Firm, LLC, of Walterboro, for Respondent. Lee Deer Cope of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Respondent. Charles McCutchen, of Lanier & Burroughs, LLC, of Orangeburg, for Respondent. Matthew Vernon Creech of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Ridgeland, for Respondent. In this wrongful death and survival action alleging nursing home negligence, Heritage Healthcare of Estill, LLC, d/b/a Heritage of the Lowcountry and/or Uni-Health Post Acute Network of the Lowcountry, United Clinical Services, Inc., United Rehab, Inc., and UHS-Pruitt Corporation (collectively, "Heritage") appeal from the trial court's denial of its motion to compel arbitration. Heritage argues the trial court erred in (1) concluding the motion to compel arbitration was not governed by the Federal Arbitration Act (FAA) when the transaction between the parties involved interstate commerce and (2) refusing to enforce the parties' arbitration agreement in accordance with its plain terms. |
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Tuesday, May 6, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-211588 The State, Respondent,
v.
Clarence William Jenkins, Appellant. Appellate Defender Susan Barber Hackett, 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 Senior Assistant Attorney General Melody Jane Brown, all of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Appellant Clarence William Jenkins seeks review of his convictions for murder and kidnapping. Jenkins argues the trial court's refusal to provide the jury with the circumstantial evidence instruction announced in State v. Edwards violated Jenkins' right to require the prosecution to prove his guilt beyond a reasonable doubt. Jenkins also challenges the trial court's failure to strike the testimony of a prosecution witness, or, in the alternative, to grant a mistrial, where the prosecution had withheld evidence material to the testimony in question. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2011-201286 The State, Respondent,
v.
Victor A. White, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. 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 Respondent. Appellant Victor A. White seeks review of his convictions for murder and armed robbery. White challenges the trial court's admission of White's statement acknowledging his presence at the crime scene on the ground that police did not give him Miranda warnings until after White responded to police questioning. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-213237 Stoneledge at Lake Keowee Owners' Association, Inc., C. Dan Carson, Jeffrey J. Dauler, Joan W. Davenport, Michael Furnari, Donna Furnari, Jessy B. Grasso, Nancy E. Grasso, Robert P. Hayes, Lucy H. Hayes, Ty Hix, Jennifer D. Hix, Paul W. Hund, III, Ruth E. Isaac, Michael D. Plourde, Mary Lou Plourde, Carol C. Pope, Steven B. Taylor, Bettie J. Taylor, and Robert White, Individually, and on behalf of all others similarly situated, Plaintiffs,
v.
IMK Development Co., LLC, Keowee Townhouses, LLC, Ludwig Corporation, LLC, SDI Funding, LLC, Medallion At Keowee, LLC, Intergrys Keowee Development, LLC, Marick Home Builders, LLC, Bostic Brothers Construction, Inc., Miller/Player & Associates, Bradford D. Seckinger, John Ludwig, William Cox, Larry D. Lollis, Rick Thoennes, M Group Construction and Development, LLC, Mel Morris, Joe Bostic,, Jeff Bostic, Clear View Construction, Michael Franz, MHC Contractors, Miguel Porras Choncoas, Builders FirstSource Southeast Group, Mike Green, Southern Concrete Specialties, Carl Compton d/b/a Compton Enterprise d/b/a Compton Enterprises, Gunter Heating & Air, All Pro Heating, A/C & Refrigeration, LLC, Coleman Waterproofing, Heyward Electrical Services, Inc., Tinsley Electrical, LLC, Hutch N Son Construction, Inc., Upstate Utilities, Inc. Southern Basements, Inc. Carl Catoe Construction, Inc., T.G. Construction, LLC, Delfino Construction, Francisco Javier Zarate d/b/a Zarate Construction, Alejandro Avalos Cruz, Herberto Acros Hernandez, Martin Hernandez-Aviles, Francisco Villalobos Lopez, Ambrosio Martinez-Ramirez, Ester Moran Mentado, Socorro Castillo, Montel, Upstate Utilities, Inc. MJG Construction and Homebuilders, Inc. d/b/a MJG Construction, KMAC of the Carolinas, Inc., Eufacio Garcia, Everado Jarmamillo, Garcia Parra Insulation, Inc., J&J Construction, Jose Nino, Jose Manuel Garcia, Eason Construction, Inc., and Vincent Morales d/b/a Morales Masonry, and Miller/Player & Associates, Defendants,
Of Whom Marick Home Builders, LLC, and Rick Thoennes are the Appellants,
And
Hutch N Son Construction, Inc., and Upstate Utilities, Inc. are the Respondents. Jason Michael Imhoff and Carl Reed Teague, both of The Ward Law Firm, PA, of Spartanburg, for Appellants. Laura Watkins Jordan and Shelley Sunderman Montague, both of Gallivan, White & Boyd, PA, of Columbia, for Respondent Hutch N Son Construction, Inc. Sidney Markey Stubbs of Baker Ravenel & Bender, LLP, of Columbia, for Respondent Upstate Utilities, LLC. Appellants argue the trial court erred in: (1) collapsing their cross-claims into one claim for equitable indemnification; and (2) granting Respondents' summary judgment motions. |
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Wednesday, May 7, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-000084 Jane Doe, Appellant,
v.
Charles Smith, Charleston County School District and James Island High School, Respondents. Lawrence E. Richter, Jr., Alice Richter Lehrman, and Aaron Eric Edwards, all of The Richter Firm, LLC, of Mount Pleasant, for Appellant. Robin Lilley Jackson of Senn Legal, LLC, of Charleston, for Respondent Charles Smith. Stephen Lynwood Brown, Russell Grainger Hines, Brian Lee Quisenberry, and Wilbur E. Johnson, all of Young Clement Rivers, of Charleston, for Respondents Charleston County School District and James Island High School. Jane Doe appeals the order of the trial court granting summary judgment to Charles Smith, Charleston County School District, and James Island High School on her claims for breach of fiduciary duty, outrage, and gross negligence. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-212242 The State, Respondent,
v.
Edward M. Dunn, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, of Columbia, for Respondent. Appellant Edward M. Dunn appeals his convictions for kidnapping, armed robbery, and first-degree burglary. Dunn argues the trial court erred in refusing to suppress all evidence flowing from the retention and use of his DNA profile. Dunn alleges the retention and use of his DNA profile exceeded the scope of his contractual consent and was otherwise illegal under state law. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-000774 Rest Assured, LLC, Appellant,
v.
South Carolina Department of Employment and Workforce, Respondent. Thornwell F. Sowell, III, of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Appellant. David Cochran Dick, Jr. of Law Office of David C. Dick, of Charleston, for Appellant. Debra Sherman Tedeschi, of Columbia, for Respondent. Rest Assured, LLC, appeals an order by the Administrative Law Court finding for the South Carolina Department of Employment and Workforce that individuals working as personal care aides were employees pursuant to South Carolina Law. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2012-213043 The State, Respondent,
v.
Steven Gregory Frost, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent. Appellant Steven Gregory Frost appeals his conviction for first-degree criminal sexual conduct with a minor (CSC-First), victim under 11 years of age. Frost argues the trial court erred in requiring the jury to make a finding under section 16-3-655 of the South Carolina Code that he committed CSC-First by "intrusion by an object." |
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Thursday, May 8, 2014 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2011-184746 Larry Dean Casey, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Suzanne Hollifield White, both of Columbia, for Respondent. This is a post-conviction relief matter concerning an allegation of ineffective assistance of counsel. Petitioner Larry Dean Casey argues his trial counsel was ineffective in (1) turning down an offer from the State to plead guilty to a lesser-included offense in exchange for a twelve-year sentence and (2) providing inadequate representation during a suppression hearing. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000171 Loretta Katzburg, Respondent,
v.
Peter Katzburg, Appellant. Gregory Samuel Forman of Gregory S. Forman, PC, of Charleston, for Appellant. Mark Thomas Rainsford of Pierce, Herns, Sloan & Wilson, LLC, of Charleston, for Respondent. In this case involving registration of a New York divorce decree, Peter Katzburg appeals an order of the family court finding him in civil contempt for willful failure to pay alimony and marital assets awarded his former wife. |
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Tuesday, May 13, 2014 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000787 Precision Walls, Inc., Appellant,
v.
Liberty Mutual Fire Insurance Co., Respondent. Charles Harry McDonald, of Robinson McFadden & Moore, PC, of Columbia, for Appellant. Steven Wayne Ouzts, of Turner Padget Graham & Laney, PA, of Columbia, for Respondent. In this declaratory judgment action seeking a determination of coverage under an insurance policy, Precision Walls, Inc. (Precision) appeals the trial court's order, which found no coverage and granted judgment in favor of Liberty Mutual Fire Insurance Co. Precision argues the court erred in: (1) narrowly construing the policy against coverage; (2) failing to find "property damage" under the policy; (3) failing to find an "occurrence" under the policy; and (4) broadly construing one of the policy's exclusions to defeat coverage. |
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11:20 a.m. | (Time Limits: 10-10-15-5-5) |
2012-209826 The State, Respondent,
v.
Robin Reese, Appellant. Appellate Defender Kathrine Haggard Hudgins, 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 Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent. Robin Reese appeals her conviction for murder and first-degree lynching, arguing the trial court erred in admitting autopsy photographs and refusing to charge involuntary manslaughter. |
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11:20 a.m. | (Time Limits: 10-10-15-5-5) |
2012-209426 The State, Respondent,
v.
Henry Gray, Appellant. 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 Senior Assistant Attorney General W. Edgar Salter, III, of Columbia, for Respondent. Sollicitor Daniel Edward Johnson, of Columbia, for Respondent. Henry Gray appeals his conviction for murder and first-degree lynching, arguing the trial court erred in admitting autopsy photographs and refusing to charge involuntary manslaughter. |
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Wednesday, May 14, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-000923 Progressive Northern Insurance Company, Appellant,
v.
Stanley K. Medlock, Corey K. Medlock and the Standard Fire Insurance Company, Defendants,
Of whom Stanley K. Medlock and Corey K. Medlock, are Respondents. John Robert Murphy and Wesley Brian Sawyer, both of Murphy & Grantland, PA, of Columbia, for Appellant. Brian Ashley Martin of Brian A. Martin, LLC, of Greer, for Respondents. In this declaratory judgment action involving the availability of underinsured motorist coverage, Progressive Northern Insurance Company (Progressive) argues the trial court erred in granting Stanley K. Medlock and Corey K. Medlock's motion for summary judgment. Specifically, it contends the trial court erred by (1) failing to hold that the signed rejection of optional underinsured motorist coverage by Stanley bound all other insureds and (2) failing to treat the addition of a second vehicle and a second named insured as a "change" to the policy pursuant to section 38-77-350(C) of the South Carolina Code (2002). |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000386 Xu Dong Sun, Appellant,
v.
Xiaolan M. Wang, Rui Cao, and M. Vista Restaurant, LLC, Respondents.
Shengen Sun, Appellant,
v.
Xiaolan M. Wang, Rui Cao, and Miyo's at Sandhills, LLC, Respondents. Allen Jackson Barnes of Allen Jackson Barnes, Attorney at Law, LLC, of Sumter, for Appellants. John E. Schmidt, III, and Melissa Javon Copeland, both of Schmidt & Copeland, LLC, of Columbia, for Respondents. Xu Dong Sun and Shengen Sun appeal the order of the trial court vacating the arbitration award in a breach of contract action. They argue the arbitrator did not fail to consider the legal principle that the first party to breach a contract cannot complain when another party subsequently breaches the contract. |
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Tuesday, May 20, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-5-10-5) |
2013-002232 Lee C. Palms and Nelle S. Palms, as Guardians ad Litem for L.P., a minor, Respondents,
v.
The School District of Greenville County, Appellant. Kenneth L. Childs and Thomas Kennedy Barlow, both of Childs & Halligan, PA, of Columbia, for Appellant. Rodney Douglas Webb, of Greenville, for Appellant. Carl F. Muller of Carl F. Muller, Attorney at Law, P.A., of Greenville, for Respondents. James Theodore Gentry and Wade Stackhouse Kolb, III, both of Wyche Law Firm, of Greenville, for Amici Curiae. The School District of Greenville County appeals the trial court's order issuing a writ of mandamus and injunction requiring the district to restore L.P.'s grades and class rank to the values originally calculated upon his transfer into the District. The District argues the trial court erred in (1) exercising subject matter jurisdiction over this case, (2) interpreting and applying the state and district grading policies, and (3) issuing the writ and injunction. |
Tuesday, May 6, 2014 | |
Courtroom II
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-212631 Kerry Levi, Appellant,
v.
Northern Anderson County EMS, and Berkshire Hathaway Homestate Insurance Company, Respondent. John S. Nichols and Blake Alexander Hewitt, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. Chadwick Dean Pye of Chadwick D. Pye, LLC, of Spartanburg, for Appellant. David Hill Keller of Constangy Brooks & Smith, LLP, of Greenville, for Respondents. In this workers' compensation case, Kerry Levi appeals the Appellate Panel's dismissal of her claim. She contends the single commissioner's denial of Northern Anderson County EMS's motion to dismiss was not immediately appealable. Levi also argues the question of whether she settled her third-party claim is not ripe for review. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000770 Berry, Quackenbush & Stuart, P.A., Appellant,
v.
BEI Sensors & Systems Company, Inc., d/b/a BEI Duncan Electronics and The Commercial Collection Corporation of New York, Inc., Defendants,
Of Whom The Commercial Collection Corporation of New York, Inc. is the Respondent. Claude E. Hardin, Jr., of Hardin Law Firm, LLC, of Columbia, for Appellant. Leonard R. Jordan, Jr., of Berry Quackenbush & Stuart, PA, of Columbia, for Appellant. Robert Alan Bernstein of Bernstein & Bernstein, PA, of Charleston, for Respondent. In this civil appeal involving a debt collection, Berry, Quackenbush & Stuart, P.A. (Berry) contends the trial court erred in granting a summary judgment in favor of The Commercial Collection Corporation of New York, Inc. (Commercial). Specifically, Berry maintains (1) there are genuine issues of material fact that Commercial engaged in practices constituting a tortious interference with Berry's contract and (2) Commercial, as an agent for a disclosed principal, can be liable for tortious interference with contractual relations between the principal and Berry. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-213606 Cindy Dozier, Employee, Appellant,
v.
American Red Cross, Employer, and Sedwick CMS, Carrier, Respondents. Stephen Benjamin Samuels, of Samuels Law Firm, LLC, of Columbia, for Appellant. Wesley Jackson Shull of Willson Jones Carter & Baxley, P.A., of Greenville, for Respondents. This appeal addresses whether the Appellate Panel erred in finding Cindy Dozier was not permanently and totally disabled under ยง 42-9-10 of The South Carolina Workers' Compensation Law. This appeal will also review whether the respondents are estopped from contesting the existence of carpal tunnel syndrome and Complex Regional Pain Syndrome (CRPS/RSD), and whether the respondents waived the right to litigate the existence of CRPS/RSD. This appeal will also address whether the South Carolina Workers' Compensation Commission erred in finding Dozier's claim for CRPS was barred by res judicata, and whether the South Carolina Workers' Compensation commission erred in finding Dozier did not suffer from CRPS. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2012-213115 Derrick Dupont, Appellant,
v.
County of Jasper, Jasper County Sheriff's Office, Ernest Walker, Defendants,
Of Whom the Jasper County Sheriff's Office is the Respondent. Clifford Bush, III, and Fatima Alexis Zeidan, both of Law Office Of Clifford Bush, III, LLC, of Beaufort, for Appellant. Marshall H. Waldron, Jr. and Otto Edworth Liipfert, III, both of Griffith Sadler & Sharp, PA, of Beaufort, for Respondent. In this appeal of a tort action, Derrick Dupont argues the trial court erred in: (1) charging the jury on comparative negligence; (2) admitting evidence of his subsequent motor vehicle accident; and (3) allowing testimony regarding his appearance at a roll call. |
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Wednesday, May 7, 2014 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-212324 The State, Respondent,
v.
James C. Tyner, Appellant. Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. James C. Tyner appeals his convictions for assault and battery of a high and aggravated nature (ABHAN) and strong armed robbery. He contends the circuit court erred in instructing the jury on ABHAN when the State produced no evidence the victim's injuries rose to the required level for such a charge. Tyner further asserts the circuit court erred in denying his Batson motion to quash the jury when the State struck one African-American juror based on her attitude and demeanor in court and another based on her wearing a lip ring, her area of residence, and attitude. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-001381 Centennial Casualty Co., Inc., Respondent,
v.
Western Surety Company, d/b/a CNA Surety, Appellant.
Western Surety Company, d/b/a CNA Surety, Defendant/Third-Party Plaintiff,
v.
Charleston Auto Auction, A3 Auto Center, LLC, and Wylie Mickle, Third-Party Defendants. Sidney Markey Stubbs of Baker Ravenel & Bender, LLP, of Columbia, for Appellant. Ian S. Ford of Ford Wallace Thomson LLC, of Charleston, for Respondent. Western Surety Co., d/b/a CNA Surety, argues the circuit court erred in: (1) finding Charleston Auto Auction (CAA) (or its insurance carrier, Centennial Casualty Co.) was a "legal representative" pursuant to section 56-15-320(B) of the South Carolina Code (Supp. 2013); (2) finding section 56-15-320(B) applies when fraud is committed by either the seller or the purchaser of a motor vehicle; and (3) failing to address whether CAA was also the legal representative for the purchasing dealer, and if so, was a participant in the fraud. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000394 South Carolina Department of Transportation, Appellant,
v.
RI CS5, LLC, Respondent,
and
Worsley Operating Corporation, a North Carolina Corporation, Lessee, and Berkeley County Treasurer's Office, Lien Holder, Other Condemnees. John Samuel West, of West Law Firm, LLC, of Moncks Corner, for Appellant. Beacham O. Brooker, Jr., of Columbia, for Appellant. Paul A. Dominick and Jeffrey Scott Tibbals, Sr., both of Nexsen Pruet, LLC, of Charleston, for Respondent. The South Carolina Department of Transportation ("SCDOT") appeals the circuit court's award of litigation expenses to RI CS5, LLC (the "Landowner") as the prevailing party in this condemnation action, arguing the circuit court erred in (1) awarding litigation expenses pursuant to section 28-5-510 of the South Carolina Code; (2) declining to reduce the award of litigation expenses based upon "substantial justification"; (3) declining to reduce the award of litigation expenses because the Landowner was a corporation; and (4) determining the hourly rate for the Landowner's attorney's fees was reasonable. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-000222 Bloody Point Property Owners' Association, Inc., David L. Fingerhut and Patricia M. Santry, Respondents,
v.
William A. Ashton, Jr. and Michele C. Ashton, Appellants. James Frederick Berl of Law Offices of James F. Berl, PC, of Hilton Head Island, for Appellants. Dustin Lee of Lee Law Firm, LLC, of Hilton Head Island, for Appellants. Terry A. Finger of Finger & Fraser, PA , of Hilton Head Island, for Respondent Bloody Point Property Owners' Association, Inc. Matthew Tillman of Womble Carlyle Sandridge & Rice, LLP, of Charleston, for Respondent David L. Fingerhut and for Respondent Patricia M. Santry. William A. Ashton, Jr. and Michele C. Ashton appeal the master-in-equity's denial of their motion to vacate/set aside a foreclosure sale, arguing the master erred in finding: (1) they were properly served; (2) their due process rights were not violated; (3) the sales price did not shock the conscience of the court; and (4) David L. Fingerhut and Patricia M. Santry were good faith purchasers for value pursuant to section 15-39-870 of the South Carolina Code (2005). |
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Cases to be Submitted Without Oral Argument | |
2012-207560 |
Nathan Luckett, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212072 |
Wayne Morris Hibbert, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213472 |
Ricky Dean Duncan, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212306 |
Michael Shane Johnson, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212964 |
Marques Anthony Durant, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212412 |
Donna Marie Redding, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212745 |
The State, Respondent,
v.
Frederick R. Chappell, Appellant.
|
2012-212228 |
Tobacco Merchant, Appellant,
v.
City of Columbia Zoning Administrator, Board of Zoning Appeals and City of Columbia, Respondents.
|
2012-212083 |
Heyward Robinson, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000441 |
The State, Respondent,
v.
Rico Green, Appellant.
|
2012-212402 |
Octavious Connell Neely, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213423 |
Jose Antonio Anzaldo, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-207809 |
Nathaniel Suber, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-207247 |
Charles McCormick, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212075 |
Donques Hood, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-209533 |
George R. Lindsey, Jr., Petitioner,
v.
State of South Carolina, Respondent.
|
2012-209507 |
David Bryant Richards, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213272 |
Shaw Funding, LLC, Build A House, LLC d/b/a Multifamily Products, Builders Design House, LLC, Builders First Mortgage, LLC, Builders First Funding, LLC, Investor Funding, LLC, Total Stone, LLC, American Lighting Co., Contract Supply, LLC, Global Solution, and MS Mechanical Solutions, LLC, Respondents,
v.
Multifamily Products, LLC, and Paul Taylor, as a member of Build a House, LLC and individually, Appellants.
|
2012-213200 |
William Outlaw, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212170 |
Mark Lowery, Petitioner,
v.
State of South Carolina, Respondent.
|
2011-188066 |
Nathaniel Muhammad, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-211291 |
James Anderson McClellan, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213675 |
The State, Respondent,
v.
India Sowell, Appellant.
|
2012-213297 |
The State, Respondent,
v.
Carl Chaplin, Appellant.
|
2012-212418 |
James Edward Roseboro, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212751 |
Robert Bostic, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212410 |
Gary Michael Piper, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213326 |
Jeremy T. Durant, Petitioner,
v.
State of South Carolina, Respondent.
|
2011-201592 |
Joseph Morrison III, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-208013 |
Virgil Lee Culbreath, Petitioner,
v.
State of South Carolina, Respondent.
|
2010-162926 |
Liling Sun, Respondent,
v.
Joseph Sun, Appellant.
|
2012-212093 |
Jose Eloy Tello, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212316 |
Theodore Kyinoo, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212305 |
Herman Donald McKnight, Petitioner,
v.
State of South Carolina, Respondent.
|
2011-199412 |
Carmen Latrice Rice, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212399 |
Walter Durham, Petitioner,
v.
State of South Carolina, Respondent.
|
2011-203229 |
Tobias Chano Lee, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000255 |
First Citizens Bank and Trust Company, Inc., Respondent,
v.
Charles T. Brooks, III and the South Carolina Department of Revenue, Defendants,
Of Whom Charles T. Brooks, III, Appellant
|
2012-212117 |
Vincent A. Pitts, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-210570 |
The State, Respondent,
v.
Willie Ritter, Appellant.
|
2012-212175 |
Favian Alfonzo Hayes, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-208639 |
Darian G. Reddish, Petitioner,
v.
State of South Carolina, Respondent.
|
2011-204374 |
Herman Belton, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212301 |
Elkin Perez, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000006 |
The State, Respondent,
v.
Norman Keith Burgess, Appellant.
|
2011-184729 |
Stacy Pringle, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212086 |
Chas Lamous Smith, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213235 |
Robert Edgar Upchurch, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212149 |
James Jermaine Abercrombie, Petitioner,
v.
State of South Carolina, Respondent.
|