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, June 8, 2004
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12435   Charles Christopher Grant, Claimant, Respondent v. Grant Textiles, Employer and US Fire Insurance Company, Carrier, Appellants.

Steven L. Brown and Robert P. Gruber, of Charleston, for Appellants. Richard H. Rhodes and Ray E. Thompson, Jr., of Spartanburg, for Respondent.

Was the injured worker within the course and scope of his employment in attempting to remove a dead animal from the public highway?

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12409   Pennsylvania National Mutual Casualty Insurance Company, Appellant v. Larry Corley, Anna Corley, Robbie Pearson and Audrey Pearson, d/b/a Pearson's Funeral Home, Warren Robinson and State Farm Mutual Automobile Insurance Company, Respondents.

F. Barron Grier, III, and Joseph Henry, of Columbia, for Appellant. Larry Cornell Smith, of Columbia, for Respondents Larry Corley and Anna Corley; James B. Lybrand, Jr., and Paul T. Collins, of Columbia, for Respondents Warren Robinson, Robbie Pearson, and Audrey Pearson d/b/a Pearson's Funeral Home; E. Dale Lang, Jr., of Columbia, for Respondent State Farm Mutual Auto Insurance Company.

This declaratory judgment action involving an automobile accident asks if either insurance company is liable for damages, whether workers' compensation is involved or, alternatively, if the pending case has been rendered moot by a settlement with the injured party.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12408   Charlotte O'Bratitis, Appellant v. Catheryne Ruth O'Bratitis, Respondent.

Clinch H. Belser, Jr. and Michael J. Polk, of Columbia, for Appellant. Demetri K. Koutrakos, for Respondent.

In this case, we are asked to determine whether Catheryne O'Braitis, who had a 75% interest in the family's home, ousted her sister, who had a 25% interest in the home, from the property. The trial court found no ouster occurred and partitioned the property, allowing Catheryne to buy her sister's share. The sister also argues the trial court incorrectly calculated the net price Catheryne owed her for her share.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12211   Teresa Shadwell, Appellant v. James Craigie, M.D., Individually and as agent for Loris Surgical Associates and Loris Surgical Associates, Respondents.

Ralph J. Wilson, of Conway, for Appellant. William W. Doar, Jr., of Georgetown, for Respondents.

In this medical malpractice case, Shadwell appeals the grant of summary judgment to Craigie, arguing the court's findings were not supported by the record, and the court failed to recognize a separate cause of action.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
12653   The State, Respondent v. Charles Gilbert, Jr., Appellant.

Acting Deputy Chief Attorney Wanda P. Hagler, 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 W. Rutledge Martin, all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

Gilbert appeals his conviction for trafficking cocaine, arguing Lexington County officers had no probable cause or reasonable suspicion to believe he had committed a crime when they stopped him for having headlight covers on his car. Gilbert further argues the court erred in overruling his Batson motion because the solicitor gave an implausible reason for striking the only potential African American juror. Finally, Gilbert argues the court erred in refusing to charge the jury on the law applicable to headlights and refusing to charge the jury on the requirement that police officers have probable cause to believe a traffic violation has occurred or that the occupants of a car are involved in criminal activity before they can stop a vehicle.

Wednesday, June 9, 2004
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12657   The State, Respondent v. Levell Weaver, Appellant.

Assistant Appellate Defender Robert M. Dudek, 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 Derrick K. McFarland, all of Columbia, and Solicitor Cecil Kelley Jackson, eof Sumter, for Respondent.

Appellant appeals his convictions for murder and possession of a weapon during the commission of a violent crime. He contends the trial judge erred in: (1) refusing to suppress certain evidence given the State failed to file the statutorily mandated return to the search warrant; (2) admitting hearsay testimony; and (3) declining to grant a mistrial based on the Solicitor's improper comments during closing arguments.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12475   The State, Respondent v. Heyward Leon Rogers, Appellant.

Acting Deputy Chief Attorney Wanda P. Hagler, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

Rogers appeals his convictions for kidnapping, robbery, assault and battery with intent to kill, and two counts of first degree criminal sexual conduct. He argues the trial court erred in (1) failing to supply an interpreter for the victim during both direct and cross-examination, (2) denying his motion for mistrial based on juror misconduct of exposure to a news article about the trial, and (3) admitting the victim's purse into evidence. Rogers also challenges the admission of fingerprint results based on a defective chain of custody. Finally, he asserts error in being sentenced to life without parole where a prior most serious offense was too remote for consideration.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12488   South Carolina Department of Social Services, Respondent v. Angela Almeida and Bright Ideas Child Development Center, Defendants, of whom Bright Ideas Child Development Center is Appellant.

Robert "Sam" Phillips, Harry L. Goldberg, and Jack B. Swerling, all of Columbia, for Appellant. Montford Shuler Caughman, of Lexington, for Respondent.

This case involves the grant of a permanent injunction against the operation of a daycare center. On appeal, the daycare center argues the family court judge erred in permanently enjoining the operation of the daycare facility based on the misconduct of the facility's director after the facility severed all ties with the director and operated without incident under the new management required by the Department of Social Services.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
12445   Debra M. Therrell, Appellant v. Jerry's Inc. d/b/a Jerry's Travel Center, Employer, and American Alternative Insurance Company, Carrier, Respondents.

William P. Hatfield and Robert David McKissick, both of Florence, for Appellant. Paul Linwood Hendrix, of Spartanburg, for Respondents.

This workers' compensation case questions whether an injury to the shoulder should be treated only as an injury to the arm, or upper extremity, a scheduled member, or whether claimant should be compensated as for an injury to an unscheduled portion of the body.

Thursday, June 10, 2004
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12443   Carolina Water Services, Inc., Appellant v. South Carolina Department of Health and Environmental Control, Respondent.

E. Crosby Lewis, Raymon E. Lark, and Kelly H. Rainsford, of Columbia, for Appellant. Samuel Leon Finklea and Carlisle Roberts, Jr., of Columbia, for Respondent.

This is an appeal from the circuit court's affirmance of the final order of the Department of Health and Environmental Control Board affirming the September 29, 1994, administrative order of the Department of Health and Environmental Control as modified by the Administrative Law Judge. It involves issues of an Area Waster Treatment Management Plan (208 plan), a "takings" question, and the imposition of a civil penalty.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12427   Val Jacobsen, Respondent v. American Agviation, Inc., and Transland, Inc., Appellants, and Loretta W. Jacobsen, Respondent v. American Agviation, Inc., and Transland, Inc., Appellants.

Celeste T. Jones and Benjamin E. Nicholson, V, both of Columbia, for Appellants. John E. Parker and Grahame E. Holmes, both of Walterboro, for Respondents.

This case involves the question of a procedural defect in the entry of a judgment, the non-jury trial itself, and the implications of Rule 11, SCRCP, as it relates to the alleged answers of the respondent/appellant.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12412   The City of North Myrtle Beach, Appellant v. Norma Lewis Davis and Nancy Lewis Worriax, Respondents.

Charles E. Carpenter, Jr. and S. Elizabeth Brosnan, both of Columbia; Douglas C. Baxter, of Myrtle Beach; and Paul Noury, of North Myrtle Beach, all for Appellant. John R. Clarke,of North Myrtle Beach, for Respondents.

In this civil appeal, a condemnation action was filed by the City of North Myrtle Beach condemning property owned by the Respondents. The Respondents contested the amount tendered by Appellant and demanded just compensation for the property taken. At a later time, Respondents moved to amend their answer in the condemnation proceeding to allege additional damages for trespass by the City. This motion was granted by Judge J. Michael Baxley. Appellant moved to dismiss the trespass damage claim, asserting a trespass claim cannot be pled in a condemnation action, but must be brought by way of a separate lawsuit. Judge Steven H. John issued an order granting Appellant's motion, but holding that Respondents could file a trespass action without the statute of limitations operating as a bar. The issues on appeal are: (1) the efficacy of the orders issued by Judge Baxley and Judge John in regard to the applicability of the statute of limitations; (2) waiver of the right to assert the statute of limitations as a defense; and (3) a negligence action and its viability.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
12484   Sandra Hargrove, Employee, Claimant, v. Titan Textile Co. & Perdue Farms, Inc., Employer, And Kemper Insurance Co. & Perdue Farms, self-insured, Carrier, Defendants, of whom Perdue Farms Inc. is the Appellant, and Sandra Hargove, Titan Textile, Co. and Kemper Insurance Co. are the Respondents.

Finley B. Clarke, of Florence, for Appellant. William L. Smith, II, of Columbia, for Respondent Sandra Hargrove; Walter Hilton Barefoot, of Florence, for Respondents Titan Textile, Inc. and Kemper Insurance Company.

In this workers' compensation case, the Workers' Compensation Commission ruled that two simultaneous employers were each 50% liable for the claimant's repetitive injury trauma claim. One of the employers, Perdue Farms, appeals contending that claimant did not suffer a repetitive injury trauma in her employment with Perdue Farms.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12527   The State, Respondent v. Gilbert Bowie, Appellant.

Assistant Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

In this criminal appeal, the appellant contends the trial court erred in refusing to suppress cocaine seized from a motel room because the search warrant affidavit was defective. Appellant argues: (1) no probable cause existed for the search of the motel room; (2) the search warrant affidavit was defective due to mere conclusory statements and the oral supplementary testimony presented to the magistrate was not curative; and (3)Appellant did have standing to assert no probable cause to search the room.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
12404   The State, Respondent v. Steve Gillian, Appellant.

Assistant Appellate Defender Robert M. Dudek, 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 Melody J. Brown, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

In this criminal appeal, the Court analyzes the efficacy of State v. Lyle, State v. Adams, and Rules 403 and 404(b), SCRE, as they relate to evidence of other burglaries. Further, the Court considers the denial of cross-examination in regard to a key State's witness as to the possible sentence he was facing while testifying for the State. Finally, the Court decides the admissibility of evidence of a police ruse while attempting to obtain a confession from Appellant.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
12405   The State, Respondent v. Gary W. Bennett, Appellant.

Acting Chief Attorney Joseph L. Savitz, III, 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 E. Salter, III, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.

This appeal concerns the trial court's refusal to permit defense counsel, in a murder prosecution, to reference pursuant to Rule 609, SCRE, a State's witness's prior out of state conviction for second degree murder.

Wednesday, June 23, 2004
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12454   Gary E. McClain, Appellant v. Pactiv Corporation, Howard Sellers, Tim Randall, Jody Rowland, Joseph P. Berley, Linda Milton, Joe Powell, Doug Boynton, Larry Wonoski, Joe Garrison, Ron Clark and Robin Montgomery, Defendants, of whom Pactiv Corporation and Joseph P. Berley are Respondents.

J. Dennis Bolt, of Columbia, for Appellant. Paul H. Derrick and Kristin E. Toussaint, of Greenville, for Respondents.

This case questions whether the trial court erred in holding one of appellant's claims barred by the exclusivity provision of the workers' compensation act and whether the rest of appellant's claims are barred by collateral estoppel.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12444   Key Corporate Capital, Inc., National Tax Assistance Corporation, TransAm Tax Certificate Corporate d/b/a Destiny98TD, Advantage 99TD, TA Escrow 97 and Destiny 98, Respondents, v. County of Beaufort, Treasurer of Beaufort County and Tax Collector of Beaufort County, Appellants.

David S. Black and Mary Bass Lohr, of Beaufort, for Appellants. James Howarth Ritchie, Jr., of Spartanburg, for Respondents.

This is an appeal from a master in equity's determination that respondent tax sale purchasers were entitled to interest on the purchase prices refunded to them by Beaufort County following the county treasurer's voiding of the sale pursuant to S.C. Code Annotated Section 12-51-150(Supp. 2003). Appellants argue the master erred in applying equitable principles to find Respondent entitled to interest because Section 12-51-150 only provides for a refund of the "amount paid" and does not provide for a refund of interest.

Thursday, June 24, 2004
Courtroom I
(Court convenes at 9:00 a.m.)
 9:00 a.m. (Time Limits: 10-10-5 )  
12434   Paul v. Degenhart, Appellant v. Debra V. Burriss (f/k/a Debra V. Degenhart), Respondent.

J. Mark Taylor and M. Ronald McMahan, Jr., of West Columbia, for Appellant. Sandra R. Parise, of Columbia, for Respondent.

Husband and Wife were divorced pursuant to an order requiring Husband to pay Wife alimony "for a period of the earlier of seven years or upon the remarriage of Wife." The order also incorporated the parties' agreement that modifications could not be made "except by mutual consent and agreement of the parties in writing." Several years passed, and Husband initiated this action, seeking termination of his alimony based on the cohabitation of Wife and her boyfriend. The family court denied his request, and this appeal followed.

Cases to be Submitted Without Oral Argument
12005    David H. March and Christine A. March, Respondents v. Presidential Brokerage, Inc., Scott Key, P. Georgia French, and Mark French, Appellants.

12187    South Carolina Department of Social Services, Respondent v. Burnette Martinez & Ruben Martinez and CHILD: Hamelia Martinez, DOB 11-27-88, Defendants, of whom Ruben Martinez is Appellant.

12399    Courtney Danielle Saxon, Appellant v. South Carolina Department of Transportation and Thomas Cooler, Defendants, of whom South Carolina Department of Transportation is Respondent.

12407    Brenda C. Gilmore, Teresa Ann Moore, Sena Austin Pearl, Susan Marie Buksa, Sharon Williams Ford, Rolanda Patice Lewis, Mary Kate Green, Kari Anne O'Keefe, Jan Lynn McWells, Deborah Ann Cooke, Robert James Phillips, Joye Denise Rymar, Steven Michael Poth, Lisa Ann McIntyre, Robert Warham, Jennifer Percy, Yvonne Cox, Caroline Carmichael, Michele Tholen, Paul Fulton, John Sparozic, Peggy Graham, Regina Brandon, Stephanie Foresterio, Charalene Harris, Betty Phillips Nichole Kathleen Lambert, Karen Rochelle lee, Lisa Michelle Cox, Wilbert Thomas Grissett, Tastonia Michelle Myatt, Michael Katen, Sondra L. Katen, Joann Morris, Beth Fogle, and Michelle Ventura, Respondents v. Holiday Network Int., Inc., DEI Marketing, Holiday Network Int. of GA, Inc., Dan McGeown, Susan McGeown, Scott McLaren and Dan Carmichael, Defendents, Of whom Dan McGeown and Scott McLaren are the Appellants.____________________________Mary Thaggard, Dena Pearl, Dessie Coates, Julianna Boundy, James E. Cameron, Lisa J. Fera, Brad McCray, Ashley Rowell, Judy Carayiannis, Patricia Hanick, Frank Cross, Megan Weber, Jay Baker, Carol Shanks, Joanne Mianti, et al., on behalf of themselves and all other similary situated,Respondents v. Holiday Network Int., Inc., DEI Marketing, Holiday Network Int. of GA, Inc., Dan McGeown, Susan McGeown, Scott McLaren, and Dan Carmichael, Defendants, Of Whom Dan McGeown and Scott McLaren are the Appellants.

12411    The Connecticut Indemnity Co., Appellant v. Tyrone Davis and Francis Richard Burgess, Respondents.

12413    City of Myrtle Beach, Respondent v. Miss Kitty's, Inc., Appellant.

12449    The State, Respondent v. Celeste Durant, Appellant.

12450    The State, Respondent v. Alan J. Dalrymple, Appelant.

12474    The State, Respondent v. Jimmy Donald Meggs, Jr., Appellant.

12476    The State, Respondent v. Quinzell Robinson, Appellant.

12483    Michael Andrew Maples, Appellant v. Donald V. Myers and Samuel R. Hubbard, III and Wayne Wilson, Respondents.

12487    CMI Contracting, Inc., Respondent v. Little River Lodging, LLC and Construction Design Associates, Inc., Defendants, of whom Little River Lodging, LLC, is, Appellant.

12489    Kenneth L. Thigpen, Employee/Claimant, Appellant v. Baker Homes, Inc., Self-Insured Employer, through the S.C. Home Builders SIF, Respondent.

12493    Craig Moore, Respondent v. Robert Moore, Appellant.

12535    Ella R. Hall, Appellant v. J. Richard Jones, Esquire, Respondent.

12654    The State, Respondent v. John Henry Backus, Appellant.

12659    The State, Respondent v. Melvin McNeil, Appellant.