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June 2021 |
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 7, 2021 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-001596 The State, Respondent,
v.
John Fitzgerald Anderson, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, and Mary Abigail Young Bechtol, of Mount Pleasant, both for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-001497 Bobby Foster, Appellant,
v.
Julian Neil Armstrong, Respondent. Linda Weeks Gangi, of Thompson & Henry, PA, of Conway, for Respondent. Eric Marc Poulin, Lane Douglas Jefferies, Roy T. Willey, IV, and Matthew Thomas Foss, all of Anastopoulo Law Firm, LLC, of Charleston; and Kenneth Thomas David, of Arlington, VA, for Appellant. As part of a personal injury matter, Bobby Foster (Appellant) seeks to overturn the circuit court's findings that Appellant's service by publication of Julian Neil Armstrong (Respondent) failed to give the court personal jurisdiction over Respondent. Appellant contends this led the circuit court to erroneously grant summary judgment to Armstrong. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-001647 The State, Respondent,
v.
Robert Xavier Geter, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Tommy Evans, Jr., all of Columbia, for Respondent. Robert Xavier Geter was convicted for the stabbing murder of James Lewis and the attempted murder of Clarence Stone. Geter maintains the trial court erred in charging transferred intent in relation to the attempted murder charge and in allowing certain testimony from the State's chief investigator which Geter maintains constituted improper vouching. |
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Tuesday, June 8, 2021 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-001739 Mary Cromey, Appellant,
v.
South Carolina Department of Revenue, Respondent. Joshua Madison Tyler Felder and Richard L. Few, Jr., both of Parker Poe Adams & Bernstein, LLP, of Greenville, for Appellant. Nicole Martin Wooten, of Columbia, for Respondent. Appellant Mary Cromey (Taxpayer) challenges an order of the Administrative Law Court upholding a determination by Respondent South Carolina Department of Revenue (the Department) that Taxpayer does not qualify as a surviving spouse of a disabled veteran for purposes of the property tax exemption set forth in section 12-37-220(B)(1) of the South Carolina Code. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-001217 Danmon Gregory, Respondent,
v.
Rozlyn Ford, Appellant. Stephen C. Hucks, Sr., of Hucks & Felker, LLC, and Matthew Martin McGuire, both of Columbia, for Appellant. Cheryl Turner Hopkins, of Law Office of Cheryl Turner Hopkins, and Brooke Ashleigh Grooms, both of Florence, for Respondent. Following a three-day family court trial at which Rozlyn Ford appeared pro se, Ford argues (1) the chief administrative judge abused his discretion by failing to hear her timely filed motion for a continuance and (2) the trial judge abused his discretion in denying the motion for a continuance despite Ford's assertion that she was diligently attempting to obtain new counsel. |
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Wednesday, June 9, 2021 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-001556 The State, Respondent,
v.
Marion C. Wilkes, Appellant. H. Wayne Floyd and Colin Thomas Lee Spangler, both of Wayne Floyd Law Offic,e of West Columbia, for Appellant. Attorney General Alan McCrory and Caroline Scrantom, both of Columbia, for Respondent. In this criminal appeal, Marion C. Wilkes appeals his conviction for the murder of his wife, Susan Wilkes (Victim). Wilkes argues the trial court erred in (1) excluding a DVD copy and portions of the film Where the Lilies Bloom and (2) instructing the jury that malice may be inferred from the use of a deadly weapon. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-001975 In the Matter of the Care and Treatment of Thomas Griffin, Appellant. Joanna Katherine Delany, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent.
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-002155 City of Charleston Housing Authority, Respondent,
v.
Katrina Brown, Appellant. Matthew M. Billingsley, of S.C. Legal Services, of N. Charleston; and Adam Protheroe, of Columbia, both for Appellant. Theodore Parker, III, of Parker Nelson & Associates, of Las Vegas, NV; and Jacqueline Dixon Phillips and Thomas Bacot Pritchard, both of Parker Nelson & Associates, of Charleston, all for Respondent. Katrina Brown, a tenant of the City of Charleston Housing Authority (CHA), appeals the circuit court's order affirming her and her minor children's eviction from their home. We affirm in part, reverse in part, and remand. |
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Tuesday, June 15, 2021 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-001630 The State, Respondent,
v.
James Elbert Daniels, Jr., Appellant. Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and J. Anthony Mabry, all of Columbia, for Respondent. James E. Daniels, Jr. appeals his convictions for two counts of armed robbery and one count of murder, arguing that in violation of the Fifth and Fourteenth Amendments to the United States Constitution, the circuit court erred by admitting statements Daniels made to law enforcement where the evidence demonstrated he was in custody and the police used the unconstitutional "question-first" tactic to elicit incriminating statements from Daniels rendering any waiver of his rights involuntary and unknowing. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-001262 Dorchester County Taxpayers Association, individually, and on behalf of all others similarly situated; Weatherstone Property Owners Association, individually, and on behalf of all others similarly situated, George Resnick; William A. Harbeson; James Stephen Green, Jr.; Homer P. Gonzales; Gerald E. Ziegler; David Messinger; and South Carolina Public Interest Foundation; Appellants,
v.
Dorchester County; Dorchester County Council; David Chinnis, George Bailey, Jay Byars, Willie Davis, Carroll S. Duncan, Larry Hargett and William R. Hearn, Jr., in their official capacities as members of Dorchester County Council; Town of Summerville; Summerville Town Council; William E. McIntosh III, in his official capacity; Dorchester County Sheriff; Luther C. Knight, in his official capacity; Dorchester School District Two; Dorchester School District Two Board of Trustees; Joseph R. Pye, Justin Famsworth, Gail Hughes, Brian Mitchum, Tanya Robinson, Sam Clark, Barbara Crosby and Lisa Tupper, in their official capacities; Dorchester County School District Four; Dorchester County School District Four Board; Dorchester County Career and Technology Center; and Dorchester County Career and Technology Center Board of Trustees; Respondents. Michael T. Rose, of Mike Rose Law Firm, PC, of Summerville; and W. Andrew Gowder, Jr., of Austen & Gowder LLC, of Charleston, both for Appellants. Drew Hamilton Butler, of Richardson Plowden & Robinson, PA, of Mount Pleasant; and Carmen Vaughn Ganjehsani, and Anthony E. Rebollo, both of Richardson Plowden & Robinson, PA, of Columbia, for Respondents Dorchester County, Dorchester County Council, David Chinnis, George Bailey, Jay Byars, Willie Davis, Carroll S. Duncan, Larry Hargett, William R. Hearn, Jr., and Luther C. Knight. Thomas Kennedy Barlow, of Columbia, for Respondents Dorchester School District Two, Dorchester School District Two Board of Trustees, Joseph R. Pye, Justin Famsworth, Gail Hughes, Brian Mitchum, Sam Clark, Barbara Crosby, and Lisa Tupper. David Leon Morrison, of Morrison Law Firm, LLC, of Columbia, for Respondents Dorchester County Career and Technology Center and Dorchester County Career and Technology Center Board of Trustees. Kenneth Allen Davis, Tierney Felicia Dukes, and Charles J. Boykin, all of Boykin & Davis, LLC, of Columbia; and Adam Jordan Mandell, of Cambridge, MA, all for Respondents Dorchester County School District Four and Dorchester County School District Four Board. Erik P. Doerring and Robert L. Widener, both of Burr & Forman LLP, of Columbia; and William H. Davidson, II, and Kenneth P. Woodington, both of Davidson, Wren & DeMasters, of Columbia, all for Respondents William E. McIntosh, III, Town of Summerville, and Summerville Town Council. Taxpayers and community interest groups appeal the dismissal of their complaint against Dorchester County and Dorchester District 4 School District which alleged the local government and the school district violated applicable taxation laws by funding the school district's school resource officers through taxpayer funds. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-002068 Wells Fargo Bank, N.A., Respondent,
v.
Michael G. Morgan; Margaret H. Fitch, M.D.; Eric J. Olig; South Carolina Department of Revenue; Linda Lawrence Bowen; Defendants,
Of Whom Michael G. Morgan is the Appellant. Andrew Sims Radeker, of Harrison, Radeker & Smith, P.A., of Columbia, for Appellant. Sarah P. Spruill, of Haynsworth Sinkler Boyd, PA, of Greenville; and Stacie Corbett Knight, of Winston & Strawn, LLP, of Charlotte, NC, for Respondent. In this foreclosure action initiated by Wells Fargo Bank, Michael Morgan filed a counterclaim alleging Wells Fargo violated S.C. Code Ann. ยง 37-10-102 (the Attorney Preference Statute) and engaged in unconscionable conduct during the execution of his loan. Morgan argues the circuit court erred in dismissing his counterclaim and in rescinding its order granting his motion to reconsider the dismissal. |
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Wednesday, June 16, 2021 | |
Courtroom I
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10:40 a.m. | (Time Limits: 15-15-5) |
2018-001833 Matthew J. Hayduk, Appellant,
v.
Emily Rudisill Hayduk, Respondent. David Alan Wilson, of Wilson & Englebardt, LLC, of Greenville, for Appellant. Michael David Freeman, Sr., of Griffith Freeman & Liipfert, LLC, of Beaufort; and J. Falkner Wilkes, of Greenville, both for Respondent. Matthew Hayduk (Husband) appeals the family court's order dismissing his action for divorce, arguing the family court erred by (1) concluding it lacked jurisdiction because Husband failed to establish he resided in South Carolina for at least one year prior filing for divorce and (2) awarding Emily Hayduk (Wife) attorney's fees and costs. |
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11:20 a.m. | (Time Limits: 15-15-5) |
2018-002060 The State, Respondent,
v.
Cedrict Hopkins, Appellant. Joanna Katherine Delany, of Columbia, for Appellant. Matthew C. Buchanan, of Columbia, for Respondent. Cedrict Hopkins appeals the circuit court's order revoking his probation. He argues the circuit court erred in revoking his probation because the probation violation citation was issued after his term of probation had expired. |
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Thursday, June 17, 2021 | |
Courtroom I
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10:40 a.m. | (Time Limits: 15-15-5) |
2018-001488 The State, Respondent,
v.
Richard Passio, Jr., Appellant. Elizabeth Anne Franklin-Best, of Elizabeth Franklin-Best, P.C., of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Caroline M. Scrantom, all of Columbia, for Respondent. Richard Passio Jr. appeals his conviction for the murder of Michelle Passio and sentence of thirty years imprisonment. On appeal, Passio argues the trial court erred by denying his motion for a directed verdict and by admitting a Facebook picture because it was irrelevant and unduly prejudicial. |
Cases to be Submitted Without Oral Argument | |
2020-000073 |
Johnny Ray Campbell, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001217 |
The State, Respondent,
v.
Traivon Dayshad Young, Appellant.
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2019-000622 |
The State, Respondent,
v.
Gabriel Joyner, Appellant.
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2018-002109 |
Joseph Michael Manners, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000719 |
Carrington Mortgage Services, LLC, Respondent,
v.
Paul R. Watson, Appellant.
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2019-001422 |
Robert D. McGuffin, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000788 |
The State, Respondent,
v.
Carmie Josette Nelson, Appellant.
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2019-001161 |
The State, Respondent,
v.
Carlos Anthony Dennison, Appellant.
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2018-001538 |
Sherra L. Werkmeister, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001385 |
The State, Respondent,
v.
Thomas Raynes Marett, Appellant.
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2018-001339 |
Saquawn Monte Lacy, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000942 |
Jamison Holmes, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000740 |
Otis Maurice Robinson, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000093 |
George N. Moses, Petitioner,
v.
State of South Carolina, Respondent.
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2018-002254 |
The State, Respondent,
v.
Joshua C. Reher, Appellant.
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2018-002039 |
The State, Respondent,
v.
Filiciano Jermaine Smith, Appellant.
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2019-000598 |
Marjorie Faye Rickenbaker and Steve L. Rickenbaker, Respondents,
v.
Schumacher Homes of South Carolina, Inc., Appellant.
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2019-001251 |
Sandy Lynn Westmoreland, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000495 |
Joanie Holcombe, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001072 |
The State, Respondent,
v.
Rasheem Kevin Thomas, Appellant.
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2019-001407 |
The State, Respondent,
v.
Chauncey Antonio Wright, Appellant.
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2019-000704 |
The State, Respondent,
v.
Daniel Antwan Rogers, Appellant.
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2018-001959 |
Jeffrey D. Cromer, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000646 |
Richard S. Kreischer, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2019-000355 |
The State,, Respondent,
v.
Ben Reed, IV, Appellant.
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2019-000165 |
The State, Respondent,
v.
Andre Tyrone Heatley, Jr., Appellant.
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2018-000441 |
Darryl Jerrard Mungin, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000665 |
The State, Respondent,
v.
Tristian Cummings, Appellant.
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2019-000620 |
South Carolina Department of Social Services, Appellant,
v.
Heidy Lacan Velasquez and Antonio Toc Perez, Respondents.
In the Interest of Minors Under the Age of Eighteen.
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2018-002164 |
The State, Respondent,
v.
Richez Markivious Bowser, Appellant.
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2019-000989 |
The State, Respondent,
v.
Glen Edward Waldrop, Appellant.
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