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June 2012 |
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, June 4, 2012 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-189167 The State, Appellant,
v.
Alonzo Hawes, Respondent. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr. of Columbia, for Appellant, The State. Circuit Defender Ernest Charles Grose, Jr. of Greenwood and Assistant Public Defender Donna Katherine Anderson of Laurens, for Respondent, Alonzo Hawes. In this criminal domestic violence case, Alonzo Hawes pled guilty to voluntary manslaughter and possession of a firearm during the commission of a violent crime. At the sentencing hearing, the circuit court applied section 16-25-90 of the South Carolina Code (Supp. 2011) to Hawes' sentence, providing for parole eligibility after Hawes served one-fourth of his sentence. The State appeals arguing the circuit court erred in applying section 16-25-90. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-164267 Pamela D. Harrison, Appellant,
v.
Jackie Dale Harrison, Respondent. Kenneth C. Anthony, Jr., of The Anthony Law Firm, PA, of Spartanburg, for Appellant Pamela Harrison. Richard H. Rhodes, of Burts Turner & Rhodes of Spartanburg for Respondent Jackie Harrison. In this appeal from a divorce decree, Wife argues the family court made numerous errors that together resulted in a substantial unfairness to Wife. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2009-139906 The State, Respondent,
v.
Ronnie L. Blackmon, Appellant. Appellate Defender Kathrine Haggard Hudgins of Columbia for Appellant, Ronnie L. Blackmon. Senior Assistant Attorney General Harold M. Coombs, Jr. of Columbia SC for Respondent, The State. Ronnie L. Blackmon appeals his conviction for failure to stop for a blue light arguing (1) the trial judge erred in refusing to grant a continuance and proceeding with the trial in his absence; and (2) the sentencing judge erred in imposing the sentence without presence of counsel. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2010-160226 Daniel C. Windham, Employee/Claimant, Respondent,
v.
Sears Roebuck & Co., Employer and Self Insured, Sedwick CMS, TPA, Carrier, Appellants. Kirsten Leslie Barr and Allison Cauthen Nussbaum of Trask & Howell, LLC, of Mt. Pleasant, for Appellant Sears Roebuck and Company. Preston F. McDaniel of McDaniel Law Firm, of Columbia, for Respondent, Daniel C. Windham. In this workers' compensation case, Appellants Sears Roebuck & Co. and Self Insured/Sedgwick CMS, TPA seek reinstatement of the Workers' Compensation Commission's decision that Respondent Daniel Windham did meet his burden of proving his injury arose out of his employment. Appellants argue the decision is supported by substantial evidence, and therefore the circuit court erred in reversing. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2009-122666 The State, Respondent,
v.
Kaseem Stephens, Appellant. Chief Appellate Defender Robert Michael Dudek and Assistant Appellate Defender Dayne C. Phillips, of Columbia, for Appellant Kasseem Stephens. Brendan Jackson McDonald, of Columbia, for Respondent, The State. Kasseem Stephens appeals his conviction and sentence for murder, arguing the trial court erred in admitting into evidence an unduly prejudicial photographic array containing his "mug shot." |
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Tuesday, June 5, 2012 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2009-132530 Janette Hamilton, Appellant,
v.
Charleston County Sheriff's Department, Respondent. Cameron Lee Marshall, of Charleston, for Appellant Janette Hamilton. Robin Lilley Jackson of Senn Legal, LLC, of Charleston, for Respondent Charleston County Sheriff's Department. Janette Hamilton appeals the trial court's grant of the motion by the Charleston County Sheriff's Department for a directed verdict on her negligent supervision claim. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-172186 University Motors, Inc., Respondent,
v.
Jamar Kimpson, Stacia Williams, and Masella Law Firm, Defendants,
Of whom Jamar Kimpson and Stacia Williams are the Appellants. Arthur Kerr Aiken of Aiken & Hightower, of Columbia, for Appellants Jamar Kimpson and Stacia Williams. Andrew Sims Radeker of Harrison & Radeker, P.A., of Columbia, for Respondent University Motors. Jamar Kimpson, Stacia Williams, and Masella Law Firm, Defendants, of whom Jamar Kimpson and Stacia Williams are appellants, appeal the trial court's order in this declaratory judgment action against University Motors, Inc. arguing the trial court erred in (1) entering judgment for University Motors, Inc. on the basis it was a third-party beneficiary of an insurance policy; (2) finding settlement proceeds were from the disposition of collateral; and (3) refusing to enter judgment in favor of Appellants as named insureds of the policy. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2010-178366 Arthur Singleton and Bernice Singleton, Respondents,
v.
Andrew Singleton, Appellant. Otto W. Ferrene, Jr. of Law Office Ferrene & Associates PA, of Hilton Head Island, for Appellant Andrew Singleton. Louis O. Dore, of Beaufort, for Respondents Arthur Singleton and Bernice Singleton. In this family property dispute, the master in equity found the plaintiffs proved the existence of express and resulting trusts in their favor and, accordingly, ordered the clerk of court to transfer title of the property so that the plaintiffs and the defendant each owned a one-third interest as tenants in common. The defendant appeals arguing the master (1) should not have ruled in the absence of allegedly necessary and indispensable parties and (2) erred in finding express and resulting trusts existed. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2011-186748 Errol Washington, as Personal Representative of the Estate of Danny Washington, Appellant,
v.
Alice R. Stewart, Leroy Stewart, Alvin E. Burch, a/k/a Alvin E. Birch, Rudell S. Burch, Sterling Lending Group, Inc., a South Carolina Corporation, Regent Bank, and Wachovia Bank, N.A., Defendants,
Of Whom Alice R. Stewart, Leroy Stewart, Alvin E. Burch, a/k/a Alvin E. Birch, Rudell S. Burch and Wachovia Bank, N.A. are the Respondents. Mark S. Sharpe, of Warren & Sinkler, LLP, and Edward P. Guerard, Jr., both of Charleston, for Appellant Errol Washington. Trudy Hartzog Robertson and Robert Ernest Sumner, IV, both of Moore & Van Allen, PLLC, of Charleston, for Respondent Wachovia Bank. Errol Washington, as the Personal Representative of the Estate of Danny Washington, argues the trial court erred in granting summary judgment in favor of Wachovia Bank, N.A., on Washington's causes of action for aiding and abetting a breach of fiduciary duty and negligence. |
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Wednesday, June 6, 2012 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2009-145346 The State, Respondent,
v.
Tremaine Rashon Wray, Appellant. Appellate Defender Elizabeth Anne Franklin-Best, of Columbia, for Appellant Tremaine Rashon Wray. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia, for Respondent The State. Tremain Rashon Wray appeals his conviction for murder, arguing (1) the trial judge should have suppressed the fruits of a search because the search warrant lacked probable cause, (2) the trial judge should have granted his motion for a mistrial because the solicitor improperly elicited testimony from a witness, and (3) because the State did not comply with Rule 7 of the South Carolina Rules of Criminal Procedure, it should not have been granted a continuance. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-167368 Wyndham Enterprises, LLC, & Rodney Wyndham, Individually, Appellants,
v.
The City of North Augusta and The City of North Augusta Board of Zoning Appeals, Respondents. Stephen Peterson Groves, Sr., of Nexsen Pruet, LLC, of Charleston, and Stevens Bultman Elliott. of Columbia, for Appellants Wyndham Enterprises, LLC, & Rodney Wyndham, Individually. Charles E. Carpenter, Jr., and Carmen Vaughn Ganjehsani, of Carpenter Appeals & Trial Support, LLC , of Columbia. and Kelly F. Zier of Zier Law Firm, LLC, of North Augusta, for Respondents The City of North Augusta and The City of North Augusta Boarding Zone of Appeals. Wyndham Enterprises, LLC and Rodney Wyndham (the Wyndhams) appeal the circuit court's affirmation of the North Augusta Board of Zoning Appeals' (the BZA) denial of the Wyndhams' special exception request to sell fireworks. The Wyndhams argue the BZA acted outside the scope of its authority, and its decision was arbitradry, capricious, and violated the Wyndhams' rights to equal protection. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2011-193227 John Christopher Johnson, Respondent,
v.
Reginald C. Lloyd, Chief, State Law Enforcement Division, and The State of South Carolina, Appellants. Attorney General Alan McCrory Wilson and Chief Deputy Attorney General John W. McIntosh, Jared Quante Libet, and Kelly Chambers, all of Columbia, for Appellants Chief Reginald C. Lloyd, State Law Enforcement Division, and The State of South Carolina, Appellants. Elise Freeman Crosby of Crosby Law Firm, LLC, of Georgetown, for Respondent John Johnson On appeal, Chief of State Law Enforcement Division, Reginald C. Lloyd, and the State of South Carolina (collectively, Appellants) argue the circuit court erred in finding that John Christopher Johnson (Johnson) properly raised a claim for equitable relief and could be removed from the sex offender registry by granting equitable relief. Additionally, Appellants contend the circuit court erred in concluding they waived their right to assert equitable defenses and in failing to prove an equitable defense. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2009-129146 The State, Respondent,
v.
Tommy Toomer, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant Tommy Toomer. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Brendan Jackson McDonald, all of Columbia, for Respondent The State. Tommy Toomer appeals his conviction for murder, arguing the trial judge erred in (1) admitting testimony in violation of Rule 404(b) of the South Carolina Rules of Evidence and (2) allowing a tape of a witness's statement to the police to be played during the proceedings. |
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Thursday, June 7, 2012 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-176606 Williams Carpet Contractors, Inc., Appellant,
v.
Mark Skelly, Respondent. Henrietta U. Golding and James Keith Gilliam of McNair Law Firm, PA, of Myrtle Beach, for Appellant Williams Carpet Contractors, Inc. G. Michael Smith, Sr. of Thompson & Henry, PA, of Conway, for Respondent Mark Skelly. Williams Carpet Contractors, Inc., appeals the circuit court's granting of Mark Skelly's motion for JNOV. Williams Carpet Contractors argues the court improperly weighed the evidence in making its determination. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-154507 The South Carolina Public Interest Foundation, and Edward D. Sloan, Jr., individually, and on behalf of all others similarly situated, Respondents,
v.
Greenville County, Herman G. Kirven, Jr., Judy Gilstrap, Eric Bedingfield, Jim Burns, Scott Case, Joseph Dill, Cort Flint, Lottie Gibson, Mark Kingsbury, Xanthene Norris, Robert Taylor, and Toney Trout, Appellants. Boyd Benjamin Nicholson, Jr. and Bonnie Allen Lynch, of Haynsworth Sinkler Boyd, PA, of Greenville, for Appellants Greenville County, Herman G. Kirven, Jr., Judy Gilstrap, Eric Bedingfield, Jim Burns, Scott Case, Joseph Dill, Cort Flint, Lottie Gibson, Mark Kingsbury, Xanthene Norris, Robert Taylor, and Toney Trout. James G. Carpenter and Jennifer J. Miller of Carpenter Law Firm, PC of Greenville, for Respondents The South Carolina Public Interest Foundation, and Edward D. Sloan, Jr., individually, and on behalf of all others similarly situated. Respondents, South Carolina Public Interest Foundation and Edward D. Sloan, Jr. (collectively, SCPIF), brought this declaratory judgment action against Appellants, Greenville County and the members of Greenville County Council (collectively, the County), challenging the County's establishment of a "Council District Expense Fund" as an unlawful delegation of legislative authority. The County seeks review of the trial court's grant of summary judgment to SCPIF, arguing that the action was barred by res judicata and the trial court did not give due regard to the discretion that Home Rule provides to the County. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2010-172187 Turkey Creek Development, LLC, a South Carolina Limited Liability Company, R.A. Green, III, P. Jason Luquire, and Kenneth R. Kellahan, Respondents,
v.
TD Bank, Daniel Siau, and James Ramsbottom, Appellants. D. Allen Grumbine, Clayton Monroe Custer, and Catherine Farrell Wrenn, all of Womble Carlyle Sandridge & Rice, LLP, of Greenville, for Appellants TD Bank, Daniel Siau, and James Ramsbott, J. Edward Bell, III, and Bernice Moore, of Bell Legal Group, of Georgetown, and Jennifer Rose Kellahan of Jenkinson Jarrett & Kellahan, PA, of Kingstree, for Respondents Turkey Creek Development, LLC, a South Carolina Limited Liability Company, R.A. Green, III, P. Jason Luquire, and Kenneth R. Kellahan. This appeal arises from the denial of Appellants TD Bank, Daniel Siau, and James Ramsbottom's motion to compel arbitration. On appeal, Appellants argue the circuit court erred in the following: (1) denying Appellants' request for discovery to determine if the acquisition loan agreement involves interstate commerce and therefore subject to the FAA; (2) holding that the acquisition loan agreement's arbitration notice provision does not comply with S.C. Code Ann. 15-48-10(a) (2005); and (3) denying Appellants' motion to compel because the acquisition loan agreement's broad arbitration provision encompasses Respondents' complaint. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2010-177867 Joseph L. Myers, III, Appellant,
v.
JKM Holdings, Inc., JKM Holdings South Carolina, LLC, and Snee Farm, Inc., a dissolved Corporation, Respondents. Thomas R. Goldstein of Belk Cobb Infinger & Goldstein, PA, of Charleston, for Appellant Joseph L. Myers, III. Lawrence E. Richter, Jr. and Aaron Eric Edwards, of The Richter Firm, LLC, of Mount Pleasant, for Respondents JKM Holdings Inc., JKM Holdings South Carolina, LLC, and Snee Farm, Inc. a dissolved Corporation. This appeal arises from a dispute over a 183 acre recreational area located in a residential community. On appeal, Appellant argues the circuit court erred in applying the holding of Styelcraft v. Thomas, in its interpretation of the restriction and covenant creating the easement. Appellant further contends the circuit court erred in failing to find promissory estoppel applied and that Appellant did not hold the title to the recreational property for the benefit of the residents. |
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Tuesday, June 19, 2012 | |
Courtroom I
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10:00 a.m. | (Time Limits: 15-15-5) |
2008-103966 The State, Respondent,
v.
Christopher Ryan Whitehead, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant Christopher Ryan Whitehead. Senior Assistant Attorney General Melody Jane Brown, of Columbia, for Respondent The State. Christopher Whitehead appeals from his convictions of murder and burglary in the first degree, arguing the trial court erred in (1) allowing into evidence the statements of his two non-testifying co-defendants without redacting their claims of Whitehead's involvement because it denied his right to confront and cross-examine the witnesses; and (2) not directing a verdict acquitting him of murder and burglary because the State's evidence established nothing more than a mere suspicion of guilt. |
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10:00 a.m. | (Time Limits: 15-15-5) |
2008-104547 The State, Respondent,
v.
Derrick McDonald, Appellant. Chief Appellate Defender Robert Michael Dudek of Columbia for Appellant Derrick McDonald. Senior Assistant Attorney General Melody Jane Brown, of Columbia, for Respondent The State. Derrick McDonald appeals from his convictions of murder and burglary in the first degree, arguing the trial court erred in allowing into evidence the statement of his non-testifying co-defendant, given to a law enforcement officer during the course of the investigation and without redacting his claim of McDonald's involvement, because it denied his right to confront and cross-examine the witness. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2010-150606 The State, Appellant,
v.
Bryant Kinloch, Respondent. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Attorney General William M. Blitch, Jr. of Columbia for Appellant The State. Appellate Defender Kathrine Haggard Hudgins of Columbia for Respondent Bryant Kinloch. In this criminal case, the State appeals the trial court's decision to grant Bryant Kinloch's motion to suppress. The State argues the trial court erred in determining that the search warrant was not supported by probable cause and that the good-faith exception of United States v. Leon, 468 U.S. 897 (1984), did not apply. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2009-147286 The State, Respondent,
v.
Demetrius Price, Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia SC for Appellant Demetrius Price. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark Reynolds Farthing, of Columbia, for Respondent The State. In this criminal matter, Demetrius Price was indicted for and convicted of first degree burglarty, assault and battery with intent to kill, possession of a weapon during the commission of a violent crime, and possession of a handgun by a prohibited person. Price appeals asserting, pursuant to State v. Belcher, 385 S.C. 597, 685 S.E.2d 802 (2009), the trial court committed reversible error in charging the jury that inferred malice may arise from the use of a deadly weapon, because evidence was presented that would reduce the assault and battery with intent to kill charge to assault and battery of a high and aggravated nature. |
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Wednesday, June 20, 2012 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-160326 Alfortina Dawkins, Respondent,
v.
Jessie P. Mozie, West Sebestin Mozie, Ricky L. Mozie, Qwendolyn Davis, Jessie Mozie, Michael Mozie, and Alacia Harper, Appellants. William Levern Pyatt of Pyatt Law Firm, LLC, of Columbia, for Appellants Jessie P. Mozie, West Sebestin Mozie, Ricky L. Mozie, Qwendolyn Davis, Jessie Mozie, Michael Mozie, and Alacia Harper. John S. Nichols and Blake Alexander Hewitt of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, and Creighton B. Coleman of Coleman Tolen & Swearingen, LLC, of Winnsboro, for Respondent Alfortina Dawkins. In this appeal, Jessie P. Mozie, et. al., assert the Special Referee erred in (1) finding that Alfortina Dawkins (Dawkins) was the sole and exclusive owner of the property based upon adverse possession; and (2) not dismissing the lawsuit because Dawkins had already instituted a cause of action to recover the real property involved therein. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2011-187387 Benjamin Johnson, Appellant,
v.
Franklin Jackson, Daniel S. Harpster, Tantara Trasnportation, Inc., and Palmetto Health Alliance d/b/a Palmetto Health Baptist, Respondents. D. Michael Kelly and Brad D. Hewitt of Mike Kelly Law Group, LLC, of Columbia, for Appellant Benjamin Johnson. John C. Bruton, Jr., and John Michael Florence, Jr., of Haynsworth Sinkler Boyd, PA, of Columbia, and Sarah Patrick Spruill, of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondents Franklin Jackson, Daniel S. Harpster, and Tantara Transportation Inc. William Curry McDow and Mason A. Summers of Richardson Plowden & Robinson, PA, of Columbia, for Respondent Palmetto Health Alliance dba Palmetto Health Baptist. In this Workers' Compensation appeal, Benjamin Johnson (Johnson) argues the circuit court erred in finding Palmetto Hospital owed no duty of due care to Johnson when Palmetto Hospital coordinated the pick-up of computers at its facility and directed workers, including Johnson, to park and load the computers on a no-parking yellow curb. Additionally, Johnson argues the circuit court erred in finding Johnson was a statutory employee of Tantara Transportation, Inc., under the Workers Compensation Act; and thus, Tantara Transportation, Inc., and Daniel Harpster qualified for tort immunity under the Workers' Compensation Act against Johnson's claim of negligence. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2010-172706 William & Mary Frances Walde, as assignees of Johnson Construction Company of Aiken, Inc., Respondents,
v.
Association Insurance Company, Appellant. Robert Michael Ethridge and Jennifer Blanchard McCoy, both of Charleston, for Appellant Association Insurance Company. Benjamin Edward Nicholson, V, of McNair Law Firm, PA, of Columbia, for Respondents William & Mary Frances Walde, as assignees of Johnson Construction Company of Aiken, Inc.. Association Insurance Company (Association) appeals the grant of partial summary judgment, costs, and attorneys' fees to William and Mary Frances Walde, as assignees of Johnson Construction Company of Aiken, Inc. (Johnson). Association argues the trial court erred in finding Association had a duty to defend Johnson against the Waldes' claims in arbitration and breached that duty. Association further maintains that even if it breached a duty to defend, the trial court erred in granting costs and fees because the court failed to find Association's refusal to defend was without reasonable cause. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2011-190026 South Carolina Department of Revenue and Raymond Alford, Respondents,
v.
Sandalwood Social Club, d/b/a Spinners Resort and Marina, Appellant. John Calvin Bradley, Jr., of West Columbia, for Appellant Sandalwood Social Club, d/b/a Spinners Resort and Marina. James J. Corbett of Holler Dennis Corbett Ormond Plante & Garner, of Columbia, for Respondent Raymond Alford. Milton Gary Kimpson, R. Benjamin John Tripp, and Sean Gordon Ryan, of Columbia, for Respondent South Carolina Department of Revenue. In this administrative action, Sandalwood Social Club d/b/a Spinners Reosrt and Marina (Sandalwood) appeals the Administrative Law Court's (ALC) decision to suspend Sandalwood's on premises beer and wine permit and private club liquor by the drink license for sixty days. Further, Sandalwood contends the penalties imposed by the ALC violated its due process rights. |
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Thursday, June 21, 2012 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-171286 Mokhtar Elkachbendi, Appellant/Respondent,
v.
Anne K. Elkachbendi, Suzanne H. Ruth, Individually and as Trustee of the Suzanne H. Ruth Revocable Trust UDO February 25, 2003, Daniel Ruth and Suzanne H. Ruth Revocable Trust, Defendants,
Of Whom Anne K. Elkachbendi is, Respondent/Appellant,
v.
Nouhza Elkachbendi Warning, Third Party Defendant. Gregory Samuel Forman of Gregory S. Forman, PC, of Charleston, for Appellant/Respondent Mokhtar Elkachbendi. David L. DeVane and Theresa Marie Wozniak Jenkins of Ameika DeVane & Mack, of Summerville, for Respondent/Appellant Anne E. Elkachbendi. In this cross-appeal, the parties appeal from the family court's award of attorney's fees and costs and the court's dismissal of a Rule 59(e) motion. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-173587 Horance Grant, Respondent,
v.
Omaro Goodwin, Appellant,
Marjorie Grant, Respondent,
v.
Omaro Goodwin, Appellant. J. Kennedy DuBose, Jr. and Jonathan M. Robinson, of DuBose-Robinson, PC, of Camden, for Appellant Omaro Goodwin. Hammond A. Beale, Jr., of Columbia, for Respondents Horace and Marjorie Grant. Appellant Omaro Goodwin appeals the circuit court's order affirming the magistrate court's (1) finding that the Grants properly served him and (2) denying his motion to set aside default pursuant to Rule 60(b), SCRCP. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2008-106026 Matthew Jamison, Respondent,
v.
State of South Carolina, Petitioner. Assistant Attorney General Brian T. Petrano, of Columbia, for Petitioner The State. Tricia A. Blanchette of Law Office of Tricia A. Blanchette, LLC, of Columbia, for Respondent Matthew Jamison. In this PCR appeal, the State argues the court erred in granting Respondent's PCR. Specifically, the State argues the court erred in allowing newly discovered evidence because it violated rule 17-27-45(C), the witness admitted they would have originally refused to testified, and the evidence was not actually newly discovered. Based on the interpretation of the testimony, the State argues the testimony establishes that there is no legal provocation to warrant a manslaughter charge. Additionally, the state contends the PCR court erred by granting relief because the guilty plea constituted a waiver of self-defense at trial. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2010-154546 Jennifer M. Kendrick, Appellant,
v.
Robert W. Kendrick, Respondent. Christina Brice Thompson of The Baxter Law Firm of Fort Mill and Carrie Ann Warner of Warner Payne & Black, LLP, of Columbia, for Appellant Jennifer Kendrick. Thomas F. McDow and Erin K Urquhart of Law Office of Thomas F. McDow, of Rock Hill, and Jane M. Randall of The Law Offices of Jane M. Randall, PA, of Rock Hill, for Respondent Robert Kendrick. April Porter Counterman of Law Office of April P. Counterman, PC, of Chester, Guardian Ad Litem. Jennifer K. (Wife) appeals from an order of the family court granting Robert K. (Husband) a divorce, full custody of children, equitable distribution of marital debts, and attorney's fees. On appeal, Wife argues the family court erred in: (1) finding Wife fabricated allegations of sexual abuse; (2) transferring custody of children from Wife to Husband and limiting Wife's visitation; (3) requiring equitable division of the marital debts; and (4) failing to appropriately consider and weigh the necessary factors in assessing attorney's fees. |
Tuesday, June 5, 2012 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2009-146227 The State, Respondent,
v.
Gene Howard Vinson, Appellant. Pete Gus Diamaduros of White Diamaduros & Diamaduros, of Union, and Heath Preston Taylor of Taylor Law Firm, LLC, of West Columbia, for Appellant Gene Howard Vinson. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for Respondent The State. On appeal, Gene Howard Vinson (Vinson) argues the circuit court erred in finding the stop of Vinson's vehicle was lawful and based upon a reasonable, articulable suspicion. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-157448 Roy M. Bowling, Sr., Respondent,
v.
Jennifer Bowling, Appellant. Gregory A. DeLuca, of DeLuca & Maucher, LLP of Goose Creek, for Appellant. Grover Cleveland Seaton, IV, of Seaton Law Firm, LLC, of Moncks Corner, for Respondent. Jennifer Bowling (Wife) appeals the family court's order finding her in direct criminal contempt and imposing a sentence of six months' incarceration, suspended upon her payment of a $1,000 fine or service of a period of confinement of seven days. On appeal, Wife argues the evidence did not support the family court's finding of criminal contempt. In addition, Wife contends the family court erred by imposing a conditional sentence. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2010-151961 Barbara B. Danley Williams, Sylvia H. Durant Cotton, Janie Durant Ancrum, Tricia Durant Middleton and Carolyn Durant White, Respondents,
v.
Elgie M. Moore, Larry M. Moore, W.F. Moore, Howard Danley Daniels, Jr., Earl Daniels, Cynthia Daniels, if they or any of them be alive; John Doe and Jane Doe, whose true names are Unknown and Fictitious names designating the unknown heirs, devisees, distributees, issue, executors, administrators, successors, or assigns of the above named Defendants, if they or any of them be dead, and William E. Danley, Elizabeth Danley, Elie Danley, Joe Danley, Rosetta Danley Simmons, Harriet Danley Durant, Elizabeth Danley Stigers, Howard Danley Daniels, William E. Danely, Jr., Harold Daniels, Melvin Durant, John A. Durant, all deceased; and Mary Roe and Richard Roe, whose true names are unknown and fictitious names designating infants, persons under disability, incompetents, imprisoned, or those persons in the military, if any; and also all other persons, known or whose true names are unknown, claiming any right, title interest in, or lien upon the real estate described in the Complaint herein,
Of whom, Elgie M. Moore, Larry M. Moore, and W.F. Moore are the Appellants. Donna K. Taylor of Taylor Bowley & Byrd, LLC, of Charleston, for Appellants Elgie M. Moore, Larry M. Moore, and W.F. Moore. James K. Holmes of The Steinberg Law Firm, LLP, Barry I. Baker, and Richard E. Fields, all of Charleston, for Respondents Barbara B. Danley Williams, Sylvia H. Durant Cotton, Janie Durant Ancrum, Tricia Durant Middleton and Carolyn Durant White. In this property dispute, Elgie and Larry Moore appeal the trial court's decision to grant relief to Barbara B. Danley Williams, Sylvia H. Durant Cotton, Janie Durant Ancrum, Tricia Durant Middleton, and Carolyn Durant White (collectively known as Respondents). Specifically, the Moores argue the trial court erred in: (1) basing its decision on the incorrect survey; (2) denying their motion for directed verdict based upon standing; (3) allowing inadmissible, unreliable hearsay testimony into the record; (4) basing its order upon findings of fact not reflected in the record; and (5) revealing bias in favor of the Respondents on several occasions during the trial. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2010-178446 The State, Respondent,
v.
David Lee Meggett, Appellant. Appellate Defender Breen Richard Stevens, of Columbia, for Appellant David Meggett. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark Reynolds Farthing, all of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent The State. David Meggett appeals his convictions of first-degree burglary and first-degree criminal sexual conduct. Meggett argues the trial court erred in (1) denying his motion for a continuance; (2) denying his motion for a mistrial and request for a curative instruction; and (3) denying his motion for a directed verdict as to the first-degree burglary charge. |
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Wednesday, June 6, 2012 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-191586 James Garris Gantt (Deceased Employee), Freida Gantt, Kegan P., Logan P., Kara Gantt-Myers, Janine Felts, and Keane Allen, Claimants,
Of Whom James Garris Gantt (Deceased Employee), Freida Gantt, Kegan P., and Logan P., are, Respondents, and,
Of Whom Kara Gantt-Myers, Janine Felts, and Keane Allen are Appellants,
v.
Thomasson Management Corporation, Employer, and Travelers Indemnity Company, Carrier, Respondents. Gretchen Aynsley Rogers of Mickle & Bass, LLC, of Columbia, for Appellants Kara Gantt-Myers, Janine Felts, and Keane Allen. David Vance Benson and Andrew Wade Creech, both of Elrod Pope Law Firm, of Rock Hill, for Respondents James Gantt & Freida Gantt. Michael W. Burkett of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondents Thomasson Management Corp & Travelers Indemnity. Kenneth Emanuel Berger of The Law Office of Kenneth E. Berger, LLC, of Columbia, for Respondents Kegan P. & Logan P. This appeal arises out of an admitted death claim from the Workers' Compensation Commission. On appeal, Appellants Kara Myers, Janine Felts, and Keane Allen argue the Appellate Panel erred as a matter of law in (1) concluding that Ms. Frieda Gantt classifies as a surviving spouse and (2) finding that Ms. Frieda Gantt is entitled to decedent's death benefits. |
|
10:40 a.m. | (Time Limits: 10-10-5) |
2009-136346 The State, Respondent,
v.
John B. Campbell, Appellant. Appellate Defender Kathrine Haggard Hudgins of Columbia for Appellant John B. Campbell. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John McIntosh, Senior Deputy Assistant Attorney General Salley W. Elliott, and Assistant Attorney General Mark Reynolds Farthing, all of Columbia. for Respondent The State. John B. Campbell was sentenced to fifteen years for attempted kidnapping. On appeal, he agues the trial court erred in admitting evidence of two prior bad acts under the common scheme or plan exception and the prejudicial effect of evidence of two prior bad acts outweighed any probative value. Additionally, Campbell argues the trial court erred in refusing to direct a verdict when the State failed to present evidence of an act in furtherance of an intent to kidnap. |
|
11:20 a.m. | (Time Limits: 10-10-5) |
2010-152369 Benjamin Strickland, Appellant,
v.
Sumter Utilities, Inc. and Old Republic Insurance Company, Defendants,
Of whom Sumter Utilities, Inc. is the Respondent. Bryan Wesley Braddock of Young Miller & Braddock, LLC, of Florence, and Henry Thad White, Jr. of Lucas Warr & White, of Florence, for Appellant Benjamin Strickland. Peter H. Dworjanym, of Columbia, for Respondent Sumter Utilities. In this Workers' Compensation case, Appellant Benjamin Strickland contends the Commission erred in finding he did not sustain a compensable injury by accident arising out of and in the course of his employment with Sumter Utilities. |
|
12:00 p.m. | (Time Limits: 10-10-5) |
2010-160770 The State, Respondent,
v.
Rafael Horlbeck, Appellant. Chief Deputy Appellate Defender Wanda H. Carter, of Columbia, for Appellant Rafael Horlbeck. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent The State. This appeal arises from Appellant Rapheal Horlbeck's conviction of murder. On appeal, Horlbeck argues the trial court erred in allowing into evidence a former codefendant's proffer agreement and accompanying letter indicating that he agreed to testify truthfully and receive immunity for his truthful testimony. |
|
Cases to be Submitted Without Oral Argument | |
2010-160266 |
Howard W. Charpia, Appellant,
v.
Dorchester County Sheriff, Dorchester County Sheriff's Office, and Dorchester County Sheriff's Department, Respondents.
|
2010-168126 |
The State, Respondent,
v.
Joshua Cooper, Appellant.
|
2011-187446 |
Carson R. Bowen, Appellant,
v.
South Carolina Department of Motor Vehicles, Respondent.
|
2010-177526 |
The State, Respondent,
v.
Oblin N. Banegas-Maldonado, Appellant.
|
2011-188166 |
Luther Harris, Appellant,
v.
Industrial Minerals, Inc., Employer, and Key Risk Management Services, Inc., Carrier, Respondents.
|
2011-193006 |
WB Holdings, LLC, Respondent,
v.
PZA Properties, LLC, and Reidville Development Associates, LLC, and Conrad C. Hurst, III, Defendants,
Of Whom Conrad C. Hurst, III is the Appellant.
|
2011-192406 |
Jason Evans, Respondent,
v.
Carolina Canners, Employer, and Carolina Canners, Inc., Self Insured, Carrier, Defendants,
Of whom Carolina Canners is the Appellant.
|
2011-190086 |
Mitchell Kenneth Koosa, Respondent,
v.
Jean Marie Garrido Koosa, Appellant.
|
2010-168166 |
The State, Respondent,
v.
Derrick Fishburne, Appellant.
|
2010-161306 |
The State, Respondent,
v.
Craig A. Cheeks, Appellant.
|
2010-178046 |
Jermey Lee Jones, Appellant,
v.
South Carolina Department of Corrections, Respondent.
|
2010-176726 |
The State, Respondent,
v.
Michael Montgomery, Appellant.
|
2010-149226 |
The State, Respondent,
v.
Charles Richard Bagley, III, Appellant.
|
2010-160046 |
Christopher Mitchell, Appellant,
v.
Effie Mae Mitchell, Respondent.
|
2010-150546 |
LaSalle Bank National Association, trustee for Lehman Brothers Structured Asset Investment Loan Trust Sail 2005-2, Respondent,
v.
Laura T. Toney a/k/a Laurie T. Toney and Deutsche Bank National Trust Company, Defendants,
of whom Laura T. Toney a/k/a Laurie T. Toney is the Appellant.
|
2010-168966 |
The State, Respondent,
v.
Thomas Smart, Appellant.
|
2010-169426 |
The State, Respondent,
v.
Nelson H. Castro, Appellant.
|
2010-166607 |
The State, Respondent,
v.
Roy G. Bright, Appellant.
|
2011-184826 |
Billy Lisenby, #200273, Appellant,
v.
South Carolina Department of Corrections, Respondent.
|
2010-170146 |
Earl Butterworth, III, Appellant,
v.
Andy Larrimore and Coastal Sand, LLC, Defendants,
Of Whom Coastal Sand, LLC is, Respondent.
Laurie Butterworth, Plaintiff,
v.
Andy Larrimore and Coastal Sand, LLC, Defendants.
|
2010-153027 |
Marie Assa'ad Faltas, MD, MPH, Respondent,
v.
Dinah Steele, Steele Enterprises and/or AAA Investments, a business; Larry Roe; Sharon B. Koon; Eugene W. (Buddy) Koon, Jr.; Eugene W. (Trip) Koon III; Evers-Koon and or EKG of South Carolina, a business; Jane Doe; and other unknown-named persons and entities who injured Plaintiff, Defendants,
Of whom Dinah Steele and Larry Mason are the Appellants.
|
2011-190103 |
Edward Giove and Lauri Giove, Respondents,
v.
Design to Build, Inc., Jonathan Shore, Tracy Short, and David Gosnell, Defendants,
Of Whom David Gosnell is the Appellant.
|
2010-151203 |
Willie Joe Caldwell, Petitioner,
v.
State of South Carolina, Respondent.
|
2010-158332 |
The State, Respondent,
v.
Jeremiah Turner, Appellant.
|
2010-162167 |
The State, Respondent,
v.
Lorenzo Cross, Appellant.
|
2010-157791 |
David Burrell, Petitioner,
v.
State of South Carolina, Respondent.
|
2011-183706 |
Shaul Levy and Meir Levy, Respondents,
v.
Arkaduisz Grabara, Bhupendra Patel, and Harry Pavilack, Defendants,
Of whom, Bhupendra Patel is the Appellant.
|
2010-165986 |
The State, Respondent,
v.
Anita Gearhart, Appellant.
|
2010-174546 |
The State, Respondent,
v.
Tra Vaughn Thomas, Appellant.
|
2011-198606 |
Cornelius Barton, #226153, Appellant,
v.
South Carolina Department of Corrections, Respondent.
|
2009-146186 |
HSBC Bank as Trustee for the registered holders of Nomura Home Equity Home Loan, Inc. Asset-Backed Certificates, Series 2007-2, Respondent,
v.
Nathaniel McMickens, Glenda McMickens and Robert Cooke, Defendants.
Of Whom Nathaniel McMickens and Glenda McMickens are the Appellants.
Robert Cooke, Plaintiff,
v.
Glenda McMickens, Nathaniel McMickens, and Mortgage Electronic Registration Systems, Inc. as nominee for Coastal Capital Corp., Defendants.
|
2010-181426 |
The State, Respondent,
v.
Jerry Phillips, Appellant.
|
2009-144106 |
The State, Respondent,
v.
Taurus Watts, Appellant.
|