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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.

Monday, June 2, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2010-156146    Robert A. Warren, Jr., Petitioner, v. State of South Carolina, Respondent.

Matthew Martin McGuire of Ervin & McGuire Law Firm, LLC, of Lexington, for Petitioner. Assistant Attorney General Ashleigh Rayanna Wilson, of Columbia, for Respondent.

In this post-conviction relief (PCR) matter, Robert Warren appeals the PCR court's ruling that his trial counsel did not render ineffective assistance during closing argument.

 10:40 a.m. (Time Limits: 10-10-5)  
2012-207226    The State, Respondent, v. Roderick Pope, Appellant.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

Roderick Pope appeals his conviction for possession with intent to distribute crack cocaine. Pope argues the trial court erred in: (1) refusing to suppress the evidence seized during the search of the vehicle when law enforcement did not have reasonable suspicion to justify the traffic stop; (2) refusing to suppress the evidence seized during the search of the vehicle when law enforcement did not have probable cause to believe the vehicle contained evidence of criminal activity and no exigent circumstances existed to justify the warrantless search; and (3) finding a sufficient chain of custody existed to admit the evidence seized during the search of the vehicle and the drug evidence found in the police car.

 11:20 a.m. (Time Limits: 10-10-5)  
2012-207286    The State, Respondent/Appellant, v. Anthony K. Blakney, Appellant/Respondent.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant-Respondent. Tommy Evans, Jr., of Columbia, for Respondent-Appellant.

Appellant/Respondent, Anthony K. Blakney, seeks review of the trial court's sentence for Blakney's violation of the terms of his community supervision program (CSP). After a subsequent CSP violation, the trial court issued an order finding that Blakney had satisfied the terms of the original sentence for his burglary conviction and was no longer subject to community supervision. Respondent/Appellant, the South Carolina Department of Probation, Parole and Pardon Services, appeals this order.

 12:00 p.m. (Time Limits: 10-10-5)  
2012-212136    The Milton P. Demetre Family Limited Partnership, Appellant, v. Harry Beckmann, III, Patricia P. Beckmann, Annie Ruth Hilton Crowley, Raymond Moody Crowley, Donald William Crowley, Harris L. Crowley, Jr. and Annie Ruth Crowley Atkinson, Respondents.

John Hughes Cooper and John Townsend Cooper, both of John Hughes Cooper, PC, of Mount Pleasant, for Appellant. Cain Denny of Cain Denny, PA, of Sullivans Island, for Appellant. Jeff D. Griffith, III, and Richard Lee Whitt, both of Austin & Rogers, PA, of Columbia, for Respondents.

In this action to quiet title, the Milton P. Demetre Family Limited Partnership (Demetre) appeals an order of the master-in-equity, arguing the master erred in finding Demetre was not entitled to have title to certain property on Folly Island quieted in its name.

Tuesday, June 3, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2010-173947    Steve Bagwell, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Assistant Attorney General Karen Christine Ratigan, of Columbia, for Respondent.

In this PCR action, Steve Bagwell argues his counsel's assistance was rendered ineffective when his counsel (1) failed to request a DNA test on blood found at the scene of the burglary and (2) failed to properly argue for the admission of evidence under Rule 608(c) of the South Carolina Rules of Evidence.

 10:40 a.m. (Time Limits: 10-10-5)  
2012-212501    The State, Respondent, v. Michael D. Williams, Appellant.

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mary S. Williams, both of Columbia, for Respondent.

Michael D. Williams appeals his convictions of criminal sexual conduct with a minor and committing lewd acts upon a child. He contends the trial court erred in excluding evidence the victim's stepbrother had sexually abused her.

 11:20 a.m. (Time Limits: 10-10-5)  
2012-213578    Lucille Patricia Smith, Respondent, v. The Heirs at Law of Benjamin Days a/k/a Ben Deas a/k/a Daise the heirs at law of Samuel Daise, the heirs at law of Anna Daise, the heirs at law of Manny Daise, the heirs at law of George Daise, the heirs at law of Marie Daise Middleton, the heirs at law of Rose Middleton, the heirs at law of Charlie Middleton, the heirs at law of W.H. Deas, Howard Chaplin, Harriet Chaplin, and all other persons unknown, having or claiming any rights, title or interest in or lien upon the real property described in the complaint herein, being designated collectively as John Doe or Sarah Roe, including all minors, persons in the Armed Forces, and insane persons and all other persons under any other disability who might have or claim to have any right, title, estate or interest in or lien upon the real property described in the complaint herein, Of whom Howard Chaplin and Harriet Chaplin are the Appellants.

Bruce Robert Hoffman of Law Office of Bruce R. Hoffman, LLC, of Saint Helena Island, for Appellants. Alysoun M. Eversole of Eversole Law Firm, P.C., of Beaufort, for Respondent.

In this property dispute, Howard and Harriet Chaplin appeal the trial court's ruling quieting and confirming title in Lucille Patricia Smith's name for the disputed Lot 2. The Chaplins contend the trial court erred in (1) failing to sustain their objection to Lucille's testimony and that of her father, James D. Smith, based upon the Dead Man's Statute, (2) denying their motion for a directed verdict, (3) resolving any boundary dispute involving Lot 2 in Lucille's favor, and (4) failing to quiet and confirm title in their name based upon adverse possession or otherwise.

Wednesday, June 4, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2010-158727    Stanley Wise, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Petitioner. Assistant Attorney General Suzanne Hollifield White, of Columbia, for Respondent.

Stanley Wise seeks review of the post-conviction relief court's denial of his ineffective assistance of counsel claim for his counsel not objecting to the transcript of his original trial's State's witness' testimony being sent to the jury room.

 10:40 a.m. (Time Limits: 10-10-5)  
2012-212867    Gregory J. Feldman, MD, Joseph A. Boscia, III, Upstate Lung & Critical Care Specialists, PC and Devendra Shantha, MD, Appellants, v. William Mark Casey, Ray E. "Chuck" Thompson, and Charles M. Fogarty, MD, Respondents.

Franklin Milton Mann, Jr. of Franklin Milton Mann Jr. Attorney at Law, of Spartanburg, for Appellants. Matthew Holmes Henrikson of Henrikson Law Firm, LLC, of Greenville, for Respondent Ray E. Thompson. Joseph A. Mooneyham of Mooneyham Berry, LLC, of Greenville, for Respondent William Mark Casey. Michael B.T. Wilkes and Ellen S. Cheek, both of Wilkes Law Firm, PA, of Spartanburg, for Respondent Charles M. Fogarty.

The court of common pleas dismissed with prejudice Appellants' claim for abuse of process and barred Appellants from re-asserting their claim for civil conspiracy at any time in the future. Appellants challenge these rulings, arguing (1) inadequate consideration was given to their allegations of material misrepresentations and active concealment by Respondents, (2) the determination that equitable tolling did not apply to their claims was error, (3) their civil conspiracy claim was not before the court during the instant proceedings and therefore should not have been dismissed with prejudice, and (4) they should have been granted leave to amend their complaint to advance additional factual allegations that would clarify the relevant timeline as it related to the discovery rule and the statute of limitations.

 11:20 a.m. (Time Limits: 10-10-5)  
2012-211961    The State, Respondent, v. Henry Haygood, Appellant.

Assistant Public Defender Breen Richard Stevens, of Orangeburg, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Croom Colvin Hunter, both of Columbia, for Respondent.

Henry Haygood was convicted of criminal domestic violence in a bench trial before a magistrate, and his conviction was affirmed upon appeal to the circuit court. Haygood challenges the admission of testimony of the responding officer relating the events forming the basis of the charge, arguing it violated his Sixth Amendment right to confrontation.

 12:00 p.m. (Time Limits: 10-10-5)  
2012-212931    The State, Respondent, v. Daisy Lynne Mimms, Appellant.

Assistant Public Defender Mark Wise, of Orangeburg, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Salley W. Elliott, both of Columbia, for Respondent.

Daisy Mimms appeals a circuit court order dismissing an appeal of her conviction in magistrate court for driving under the influence (DUI). Mimms contends the circuit court erred in finding the magistrate court did not err in concluding: (1) there is no criminal intent required for the crime of DUI; and (2) veering off a roadway on one occasion was sufficient to show impaired driving.

Thursday, June 5, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2012-213216    The State, Respondent, v. Gregory Allan Ivery, Appellant.

Assistant Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

Gregory Allan Ivery appeals his convictions for distribution of crack cocaine and distribution of crack cocaine within one half mile of a school or park, arguing (1) the trial court should not have admitted a video recording of the alleged drug transaction and (2) the trial court gave the jury an unconstitutionally coercive Allen charge.

 10:40 a.m. (Time Limits: 10-10-5)  
2011-186252    Mark R. Bolte, Petitioner, v. State of South Carolina, Respondent.

Chief Deputy Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General James Rutledge Johnson, both of Columbia, for Respondent.

This is a post-conviction relief matter concerning an allegation of ineffective assistance of counsel. Petitioner Mark R. Bolte argues his trial counsel was ineffective in (1) failing to object to the solicitor's statement in closing argument that the facts of the case were "undisputed," (2) failing to object to the solicitor's remarks in closing argument that the jury was the "conscience of the community," (3) failing to move to challenge and strike a certain juror, (4) failing to object to the trial judge's "moral certainty" instruction, and (5) committing errors that cumulatively prejudiced Petitioner's case.

 11:20 a.m. (Time Limits: 10-10-5)  
2011-186255    Michael Gerald Dunbar, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan McCrory Wilson and Assistant Attorney General J. Walter Whitmire, both of Columbia, for Petitioner. John Dennis Delgado and John Clarke Newton, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Respondent.

The State appeals the order of the circuit court granting Michael Dunbar post-conviction relief.

 12:00 p.m. (Time Limits: 10-10-5)  
2012-212639    The State, Respondent, v. Walter Douglas Barclay, Appellant.

John B. Shupper, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.

Appellant, Walter Douglas Barclay, appeals his conviction for felony DUI, contending the trial court erred in 1) declining to instruct the jury on DUI as a lesser-included offense of felony DUI, 2) declining to instruct the jury that felony DUI required proof that "[Appellant's] mental faculties to drive a motor vehicle [were] materially and appreciably impaired," 3) allowing into evidence the results of Appellant's blood test, 4) allowing evidence of a liquor bottle located near the accident scene, 5) excluding from evidence a video recording offered by Appellant, and 6) declining to dismiss the charges against Appellant for failure to comply with the video recording requirements of South Carolina Code section 56-6-2953.

Tuesday, June 10, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2010-181646    Benjamin L. Cooper, Respondent, v. State of South Carolina, Petitioner.

Assistant Attorney General Christina J. Catoe, of Columbia, for Petitioner/Respondent. Chief Deputy Appellate Defender Wanda H. Carter, of Columbia, for Respondent/Petitioner.

The PCR court granted Petitioner a new trial after finding, in part, Petitioner's guilty plea was invalid because the plea court's colloquy failed to conform to Boykin v. Alabama. On appeal, the State argues, based on the entirety of the circumstances, it is evident Petitioner's guilty plea was entered into voluntarily and intelligently.

 10:40 a.m. (Time Limits: 10-10-5)  
2011-199366    The State, Respondent, v. Daniel D'Angelo Jackson, Appellant.

Dayne C. Phillips, of Lexington, for Appellant. Appellate Defender Carmen Vaughn Ganjehsani, 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.

Daniel D'Angelo Jackson appeals his convictions for murder and armed robbery. He argues the trial court erred by: (1) admitting his codefendant's police statements; (2) violating his Sixth and Fourteenth Amendment rights by admitting those statements; (3) denying his motion for severance; (4) denying his motion for a mistrial; and (5) refusing to quash the jury panel pursuant to his Batson motion.

 11:20 a.m. (Time Limits: 10-10-5)  
2012-212941    David G. Hubbard, Appellant, v. Gail D. Hubbard, Respondent.

John S. Nichols, of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. Julian L. Stoudemire of Stoudemire & Sprouse, PA, of Seneca, for Appellant. Sarah Ganss Drawdy of Byrholdt Drawdy, LLC, of Anderson, for Respondent.

In this divorce action, David G. Hubbard (Husband) appeals the family court's order apportioning the marital estate between Husband and Gail D. Hubbard (Wife), arguing the family court erred in: (1) erroneously including a certificate of deposit in the marital estate; (2) erroneously including $110,000 in cash in the marital estate; and (3) awarding Wife fifty percent of the marital estate.

Wednesday, June 11, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2012-213350    Jane Roe, as parent and natural guardian of Judy Roe, James Roe, and Joyce Roe, Minor Children Under the Age of Eighteen, (18), Appellants, v. Daniel Bibby Sr. and Michelle Bibby, Defendants, Of Whom Michelle Bibby, Respondent.

Eric Marc Poulin of Anastopoulo Law Firm, LLC, of North Charleston, for Appellant. Eugene P. Corrigan, III, and J.W. Nelson Chandler, both of Corrigan & Chandler, LLC, of Charleston, for Respondent.

Jane Roe, as parent and natural guardian of Judy Roe, James Roe, and Joyce Roe, minor children under the age of eighteen, (collectively with Roe, Appellants) argues the circuit court erred in granting Michelle Bibby's (Respondent) motion for summary judgment. Appellants argue Respondent had a duty to warn Appellants under the special relationship exception and a premises liability theory.

 10:40 a.m. (Time Limits: 10-10-5)  
2012-213370    The State, Respondent, v. Wayne Stewart Curry, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Attorney General Julie Kate Keeney, and Assistant Attorney General John Walter Whitmire, all of Columbia, for Respondent.

In this criminal appeal, the Court of Appeals addresses whether the trial court erred in finding Wayne Curry was competent to stand trial when Curry's counsel presented evidence that he lacked an understanding of the proceedings and was unable to aid in his defense. In addition, the Court determines whether the trial court erred in refusing to charge the jury regarding guilty but mentally ill and not guilty by reason of insanity.

 11:20 a.m. (Time Limits: 10-10-5)  
2012-213389    56 Leinbach Investors, LLC, Appellant/Respondent, v. Magnolia Paradigm, Inc., Respondent/Appellant.

Donald Higgins Howe, Sr., of Howe & Wyndham, LLP, of Charleston, for Appellant-Respondent. William S. Barr of Barr Unger & McIntosh, LLC, of Charleston, for Respondent-Appellant.

In this cross-appeal, 56 Leinbach Investors, LLC (Lessor) appeals the master-in-equity's determination it breached a lease agreement with Magnolia Paradigm, Inc. (Lessee) when Lessor leased a portion of the subject property to a third party. Lessor further appeals the master's award of a $300 per month rent abatement as damages arguing Lessee suffered only nominal damages. Lessee appeals the master's admission of parole evidence regarding the scope of the subject property and the damages award contending the rent abatement should be equivalent to the amount Lessor is receiving under the third-party lease.

Tuesday, June 17, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2012-212430    The State, Respondent, v. Michael Wilson Pearson, Appellant.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent.

Michael Wilson Pearson was convicted of first-degree burglary, armed robbery, grand larceny, kidnapping, and possession of a weapon during the commission of a violent crime. Pearson appeals his convictions, arguing the trial court erred in denying his motion for a directed verdict based on the insufficiency of the evidence.

 10:40 a.m. (Time Limits: 10-10-5)  
2012-212499    The State, Respondent, v. Donald Marquice Anderson, Appellant.

Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mary Shannon Williams, both of Columbia, for Respondent.

Donald Marquice Anderson appeals his conviction of unlawful possessoin of crack cocaine, arguing the trial court erred in ruling the police officers had reasonable suspicion to stop and frisk him.

Wednesday, June 4, 2014
Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2012-212995    Eileen K. Lee, Respondent, v. Thomas F. Lee, Jr., Appellant.

Randall K. Mullins of Mullins Law Firm, PA, of North Myrtle Beach, for Appellant. Nicole Nicolette Mace of The Mace Law Firm, of Myrtle Beach, for Respondent.

Thomas F. Lee, Jr. (Husband) appeals the order of the family court regarding divorce, alimony, and the equitable division of property. He argues the family court committed reversible error by awarding alimony to Eileen K. Lee (Wife) when there was clear evidence of her adultery; failing to award Husband a divorce on the grounds of adultery; granting a mistrial on December 15, 2011; incorrectly determining the equitable division of property and allocation of debt; accepting William Dettmering as an expert witness; and awarding Wife attorney's fees.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2012-213006    The State, Respondent, v. Julian Young, Appellant.

Tara Dawn Shurling of Law Office Of Tara Dawn Shurling, PA, 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 Assistant Attorney General Kaycie Smith Timmons, all of Columbia, for Respondent.

Julian Young appeals his conviction for murder, arguing the trial court erred in admitting hearsay testimony concerning statements made by the victim after he was shot.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2012-213050    Levern McCray, Respondent, v. Jose W. Valle, Appellant.

R. Hawthorne Barrett of Turner Padget Graham & Laney, PA, of Columbia, and Julian Kane Allen of Turner Padget Graham & Laney, PA, of Charleston, both for Appellant. Pamela R. Mullis of Mullis Law Firm, PA, of Columbia, for Respondent.

In this appeal from the circuit court, Jose Valle argues the circuit court erred in (1) charging the jury it could infer he was intoxicated based on the results of a blood alcohol test, (2) admitting the results of his blood alcohol test, (3) allowing the investigating highway patrol officer to give his opinion of how the accident occurred, (4) failing to grant a new trial or a new trial nisi remittitur and (5) failing to strike or reduce the award of punitive damages.

 
Cases to be Submitted Without Oral Argument
2012-206048    Kevin D. Cook, Petitioner, v. State of South Carolina, Respondent.

2013-002022    The State, Respondent, v. Nina Bates, Appellant.

2012-213322    Carlos Gonzales, Petitioner, v. State of South Carolina, Respondent.

2013-001408    The State, Respondent, v. Charles H. Davis, Appellant.

2012-212180    Ronnie Allen Mitchell, Appellant, v. The State of South Carolina, Respondent.

2013-000986    The State, Respondent, v. Nicholas A. Smith, Appellant.

2011-200548    Quentes S. Wells, Petitioner, v. State of South Carolina, Respondent.

2013-001117    Lisa Gilliard on behalf of Marvin Gilliard, Deceased, Appellant, v. City of Greenville, Employer and Self-Insured, and Hewitt, Colemann & Associates, Inc., TPA, Respondents.

2011-199417    Tyrone Lewis Jr., Petitioner, v. State of South Carolina, Respondent.

2012-207966    The State, Respondent, v. Jimmy Lee Duncan, Appellant.

2012-207131    David A. Fowler, Petitioner, v. State of South Carolina, Respondent.

2011-197707    Daniel B. Stratten, Petitioner, v. State of South Carolina, Respondent.

2011-202768    Lavelle Weaver, Petitioner, v. State of South Carolina, Respondent.

2012-213167    Jeremy J. Jeter, Petitioner, v. State of South Carolina, Respondent.

2011-202770    Michael D. Day, Petitioner, v. State of South Carolina, Respondent.

2011-193709    Reginald Davis, Petitioner, v. State of South Carolina, Respondent.

2011-204847    Kenaz Collier, Petitioner, v. State of South Carolina, Respondent.

2012-209946    The State, Respondent, v. Phillip Michael McEntire, Appellant.

2010-178866    Darrell Efird, Petitioner, v. State of South Carolina, Respondent.

2011-195210    Tonnie Baldwin, Petitioner, v. State of South Carolina, Respondent.

2011-199927    Anthony Williams, Petitioner, v. State of South Carolina, Respondent.

2012-211087    Christopher Ray Nolan, Petitioner, v. State of South Carolina, Respondent.

2012-207129    Keith R. Bradley, Petitioner, v. State of South Carolina, Respondent.

2011-202767    Frederick Alphonso Irby, Petitioner, v. State of South Carolina, Respondent.

2011-200190    Christopher J. Hickman, Petitioner, v. State of South Carolina, Respondent.

2011-193110    Preston Costa, Petitioner, v. State of South Carolina, Respondent.

2012-212702    Samuel Emanuel Stokes, Petitioner, v. State of South Carolina, Respondent.

2011-193527    Tyrone Ransom, Petitioner, v. State of South Carolina, Respondent.

2012-206228    Douglas L. Rice, Petitioner, v. State of South Carolina, Respondent.

2012-213133    Sherman Boyd, Petitioner, v. State of South Carolina, Respondent.

2012-208629    Dorothy Harden, Petitioner, v. State of South Carolina, Respondent.

2012-206006    Richard H. Stegall, Respondent, v. State of South Carolina, Petitioner.

2011-196591    Juan Ramos, Petitioner, v. State of South Carolina, Respondent.

2011-202773    Richard F. Whelchel, Petitioner, v. State of South Carolina, Respondent.

2012-206007    Dustin Tiller, Petitioner, v. State of South Carolina, Respondent.

2012-206648    Tippy Marie Retana, Petitioner, v. State of South Carolina, Respondent.

2012-212164    William D. Hoyles, Petitioner, v. State of South Carolina, Respondent.

2012-205988    Chadrick Cole, Petitioner, v. State of South Carolina, Respondent.

2012-212698    Marquita Smith, Petitioner, v. State of South Carolina, Respondent.