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, September 16, 2008
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
16040   South Carolina Department of Social Services, Respondent, v. Lisa C., Frank C., Frank C. Sr., Linda C., Defendants, Of Whom Frank C. is the Appellant. In The Interest Of: Minor Child I and Minor Child II, Minors under the age of 18.

John D. Elliott, of Columbia, and David Bradley Jordan, of Rock Hill, for Appellant. David E. Simpson, of York, for Respondent. Kristie Leigh Young, of Fort Mill, Guardian Ad Litem.

Father contends the family court erred in admitting out-of-court statements by Child regarding alleged sexual abuse and in allowing other witnesses to comment on the veracity of Child’s statements.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
16153   The State, Respondent, v. Mark A. Martucci, Appellant.

Elizabeth Anne Franklin, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

In this homicide by child abuse case, the appellant posits the following issues in regard to rulings made by the circuit judge: (1) in admitting inflammatory photographs of the child’s internal organs and other injuries; (2) in admitting evidence of prior instances of alleged abuse; and (3) in allowing alleged testimony of Martucci’s character.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
16043   Ted Corbett, Appellant, v. Jordan William Weaver and Michael Joel Weaver, Defendants, Of Whom Michael Joel Weaver is the Respondent.

E. Leroy Nettles, and Marian D. Nettles, of Lake City, for Appellant. Robert Brown, of Columbia, for Respondent.

Appellant argues the trial court improperly denied a directed verdict motion against the father for liability under the Family Purpose Doctrine. The Appellant further argues the trial court improperly denied his motion for a new trial following a jury verdict in favor of the father.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
16041   Herwig Baumann, Vickie Baumann, Richard J. Dillard, Charles C. Fagan, III, William C. Ferguson, George H. Forrest, Christine L. Forrest, Frederick B. Killmar, Mary C. Killmar, Daniel Milligan, Barbara Milligan, Carol S. O'Neil, Richard O'Neil, Peter Panciera, Patricia C. Wetmore, William E. Whitmer, Mildred Wood, Catherine Delesky, Plaintiffs, Of Whom Herwig Bauman, Vickie Bauman, William C. Ferguson, Frederick B. Killmar, Mary C. Killmar, Daniel Milligan and William E. Whitmer are Appellants/Respondents, v. Long Cove Club Owners Association, Inc., Respondent/Appellant.

Thomas Kemmerlin, Jr., of Beaufort, and William M. Bowen, of Hilton Head Island, for Appellants-Respondents. Terry A. Finger, of Hilton Head Island, for Respondent-Appellant.

Members of Long Cove Club Owners Association, Inc. appeal the trial court’s finding the business judgment rule protected Owners Association’s actions in noticing and conducting a referendum vote. The Owner’s Association cross-appeals claiming the trial court erred in denying costs and attorney’s fees to it as the prevailing party.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
16078   Vista Antiques and Persian Rugs, Inc., Respondent v. Noaha, LLC, Luxomnia Corporation, Gary A. Anglin, Jr., Patrick F. Anglin, Gary A. Anglin, Sr., Appellants.

Tucker S. Player, of Columbia, and Charlotte B. Perrell, of Atlanta, for Appellants. Tobias G. Ward, of Columbia, for Respondent.

Appellant challenges the circuit court’s ruling that appellant failed to make an unconditional tender of the first installment of settlement in accordance with the settlement agreement as read into the record.

Wednesday, September 17, 2008
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15627   Case No.: 2005-CP-23-04718 Anna M. Buice and Jerry W. Buice, Respondents, v. WMA Securities, Inc., Steeley Hubert Humphrey, Jr., Carl David Kennedy and W. Lindsey Howell, Defendants, Of Whom WMA Securities, Inc., Steeley Hubert Humphrey, Jr. and Carl David Kennedy are Appellants. Case No.: 2005-CP-23-04719 Brenda B. Sprinkle, Respondent, v. WMA Securities, Inc., Steeley Hubert Humphrey, Jr., Carl David Kennedy, and W. Lindsey Howell, Defendants, Of whom WMA Securities, Inc., Steeley Hubert Humphrey, Jr. and Carl David Kennedy are Appellants. Case No.: 2005-CP-23-04720 Haley Nicole Smith Williams, Respondent, v. WMA Securities, Inc., Steeley Hubert Humphrey, Jr., Carl David Kennedy and W. Lindsay Howell, Defendants, Of Whom WMA Securities, Inc., Steeley Hubert Humphrey, Jr. and Carl David Kennedy are Appellants.

Ellis M. Johnson, II, and Joel M. Bondurant, Jr., of Greenville, for Appellants WMA Securities, Inc & Steeley Hubert Humphrey, Jr. Anthony E. Rebollo, of Columbia, for Appellant Carl David Kennedy. Charles E. Carpenter, Jr. and Carmen Vaughn Ganjehsani, of Columbia, for Appellant Carl David Kennedy. Ben C. Harrison,and Max Thomas Hyde, Jr., of Spartanburg, for Respondents.

In this consolidated appeal, Appellants contend the circuit court erred in failing to compel arbitration in Plaintiff/Respondent’s suit against Appellants for: violation of South Carolina Security Laws; breach of fiduciary duty; negligence; breach of contract; breach of the covenant of good faith and fair dealing; fraud; breach of contract accompanied by a fraudulent act; and control person liability.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
16559   South Carolina Department of Social Services, Respondent v. Katrina P., William C., Jr., and Minor Child No.1, and Minor Child No.2, Defendants, of whom Katrina P. is the Appellant.

Mitchell J. Williams, of Columbia, for Appellant. Dennis M. Gmerek, of Aiken, for Respondent. Angela W. Abstance, of Barnwell, for Guardian ad Litem.

In this family court action, Mother alleges the family court erred in finding termination of her parental rights was in her children's best interests.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
16356   South Carolina Department of Social Services, Respondent, v. Scott K. and Nedra K. Appellants. In the interests of: Alicia K., and Codi K.

John Andrew Donsbach, of Martinez, GA, for Appellant Scott K. LeLand Michael Malchow, of Augusta, GA, for Appellant Nedra K. Dennis M. Gmerek, of Aiken, for Respondent. Ralph E. Hanna, III, of Aiken, for Guardian Ad Litem.

In this intervention action, Scott K. and Nedra K. contend the family court erred in finding a report they had physically neglected their children was "indicated," and in ordering them to comply with a Treatment Plan developed by the Department of Social Services.

Thursday, September 18, 2008
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
16063   The State, Respondent, v. Onrae Williams, Appellant.

Mark Andrew Peper, of Charleston, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

This is a criminal matter in which Williams appeals his convictions of distribution of crack cocaine and distribution of crack cocaine within the proximity of a school, and his resulting sentence of life without the possibility of parole. Williams contends that (1) the trial court erred in refusing to allow the impeachment evidence of several of the confidential informant’s prior convictions and (2) the trial court erred by sentencing him to life without parole in violation of his constitutional protection from cruel and unusual punishment.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
16117   The State, Respondent, v. Amos Lamont Mattison, Appellant.

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka,and Senior Assistant Attorney General W. Edgar Salter of the Office of the Attorney General, of Columbia, for Respondent.

In this criminal case, appellant appeals his convictions of murder, assault and battery with intent to kill, and possession of a weapon during the commission of a violent crime asserting the trial court erred in refusing to instruct the jury (1) that prior knowledge a crime was to be committed is insufficient to establish guilt and (2) that mere association with a person who commits a crime is insufficient to establish guilt.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
16081   George Owens, Respondent, v. Town of Allendale, Appellant.

Stephanie P. McDonald and Sandra J. Senn, of Charleston, for Appellant. H. Woodrow Gooding and Mark B. Tinsley, of Allendale, for Respondent. Robert Norris Hill, of Newberry, for Respondent.

In this personal injury action, Town of Allendale asserts the circuit court erred in excluding a police officer’s incident report, in permitting an expert to speculate as to future hospital costs, and in denying its motion for a new trial.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
16090   Kevin Wayne Ardis (Deceased), Employee, Respondent, v. Combined Insurance Company, Employer, and Cambridge Integrated Services Group, Inc., Carrier, Appellants.

James H. Lichty and Weston Adams, III, of Columbia, for Appellants. William Ceth Land, of Manning, for Respondent.

In this worker’s compensation appeal, the employer, Combined Insurance Company, appeals a lump sum award to the beneficiaries of its employee, Mr. Ardis, as well as burial expenses. On appeal, Combined contends the dual purpose doctrine was inapplicable because Mr. Ardis’ death occurred outside the scope of his employment, thus precluding compensation under the Worker’s Compensation Act.

 12:30 p.m. (Time Limits: 10 - 10 - 5 )  
16042   John Doe, Appellant, v. Gedney M. Howe, III, and Gedney M. Howe, III, P.A., Respondents.

Desa Ballard and Stephanie Weissenstein, of West Columbia, for Appellant. M. Dawes Cooke, Jr., and John W. Fletcher, of Charleston; and A. Camden Lewis, of Columbia, for Respondents.

This is an appeal from the trial court’s order on remand granting summary judgment in favor of Howe on Doe’s breach of fiduciary duty claim following this court’s affirmance of summary judgment in favor of Howe on Doe’s claim for legal malpractice.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
16077   Evelyn Denise Sherbert, Respondent, v. Richard K. Beach, Appellant.

Kenneth Philip Shabel, of Spartanburg, for Appellant. Alexandria Marie Wolf and David Michael Collins, Jr., of Spartanburg, for Respondent.

In this divorce action, Richard K. Beach appeals the family court’s apportionment of marital property.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
16076   David E. Steele, Respondent, v. Clara M. Steele, Appellant.

G. Robin Alley, of Columbia, for Appellant. Philip E. Wright, of Lancaster, for Respondent.

Following the parties’ divorce, the family court held Wife in contempt for killing landscaping around the marital home. Wife appeals the family court’s calculation of $45,759.90 in damages and award of $1,500 in attorney’s fees relating to the damages hearing.

Tuesday, September 16, 2008
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 15-15-5 )  
15697   The State, Respondent, v. Billy Wayne Cope, Appellant.

James M. Morton and Michael B. Smith, of Rock Hill; David I. Bruck, of Lexington, VA; Steven A. Drizin and Allison Flaum, of Chicago, IL, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent.

In this criminal appeal, Cope raises numerous issues including the admission and exclusion of evidence, severance, and the trial court’s failure to direct a verdict on conspiracy.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15698   The State, Respondent, v. James E. Sanders, Appellant.

Melissa Jane Reed Kimbrough, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent.

In this criminal appeal, Sanders raises the issues of the admissibility of his blood test results and the trial court’s failure to direct a verdict on conspiracy.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
16038   Berkeley Hall Club, Inc., Respondent, v. Fred I. Palmer, Appellant.

Roberts Vaux, of Bluffton, for Appellant. Terry A. Finger, of Hilton Head Island, for Respondent.

In this dispute over past due membership and assessment fees, appellant argues the trial court erred in failing to provide factual findings in compliance with Rule 52(a), SCRCP, with regard to its final order and its denial of appellant’s motion to alter or amend the judgment.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
16037   Joey Dwayne Camper, Respondent, v. Tuesday Elaine Santiago, Appellant.

Tom W. Dunaway, III, of Anderson, for Appellant. Nancy Jo Thomason, of Anderson, for Respondent. Amy C. Sutherland, of Greenville, for Guardian Ad Litem.

This is an appeal of a family court order changing primary custody of the parties’ child from the mother to the father. Specifically, the mother argues (1) the trial judge’s decision was not based on the best interests of the child; (2) the trial judge failed to give appropriate weight to information submitted by the guardian ad litem; (3) the trial judge failed to give appropriate weight to testimony from a child psychologist and a social worker; and (4) the trial judge did not appropriately evaluate the time each party could spend with the minor child.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
16059   The State, Respondent, v. Joshua Jeter, Appellant.

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

Jeter appeals his convictions for murder, attempted armed robbery, and possession of a weapon by a person under twenty-one years old, arguing (1) the trial judge improperly disallowed cross-examination and other corroborating evidence that the victims were engaged in drug dealing and drug use; and (2) he was entitled to a directed verdict on the murder charge.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
16086   Donna F. Brailsford, Individually and as Personal Representative and Trustee under the Will of William M. Brailsford, Deceased, and Kelly T. Brailsford, an Incapacitated Person by her Guardian ad Litem, Plaintiffs, Of Whom Donna F. Brailsford, Individually and as Personal Representative and Trustee under the Will of William M. Brailsford, Deceased is the Appellant, v. John F. Brailsford, Jr., Individually and as Personal Representative and Trustee, and Marjorie B. Nickel, and Elizabeth B. Davis, as Trustees, Respondents.

Adele Jeffords Pope, of Columbia, for Appellant. Henry W. Brown, of Columbia, for Respondents. Pope D. Johnson, III, of Columbia, for Guardian Ad Litem. L. Henry McKellar, of Columbia, for Florence Brailsford.

This is an appeal of a probate matter that was removed to the circuit court. Donna Brailsford, the wife of William Brailsford and Personal Representative of his estate, appeals the trial court’s order (1) dismissing a fraud cause of action pursuant to Ferguson v. Charleston Lincoln Mercury, Inc., 344 S.C. 502, 544 S.E.2d 285 (Ct. App. 2001), and (2) limiting the remaining causes of action insofar as they cannot be supported by conduct or facts relating to fraud to the extent such fraud pertains to William Brailsford. Donna Brailsford also argues the trial court’s orders issued after facts giving rise to a recusal motion should be vacated and the trial judge erred by issuing any orders after recusing himself in open court.

Wednesday, September 17, 2008
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
16127   Angela Youmans as Personal Representative of the Estate of Deonte Elmore, Appellant, v. South Carolina Department of Transportation, Respondent.

Mark B. Tinsley, of Allendale, and Robert Norris Hill, of Newberry, for Appellant. Marshall H. Waldron, Jr., of Bluffton, for Respondent.

In this civil action initiated pursuant to the South Carolina Tort Claims Act for wrongful death and survival statute claims, the personal representative contends the circuit judge erred in issuing an order for a new trial pursuant to the Thirteenth Juror doctrine. Additionally, the personal representative avers the circuit judge violated several rules, i.e., Rules 59(d), 6(b), and 5(a), SCRCP.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
16079   Edward D. Sloan, Jr., individually, and on behalf of all others similarly situated, Respondent, v. Greenville County, a Political Subdivision of the State of South Carolina, Phyllis Henderson, Scott Case, Eric Bedingfield, Dozier Brooks, Joseph Dill, Cort Flint, Lottie Gibson, Judy Gilstrap, Mark Kingsbury, Xathene Norris, Stephen Selby, and Robert Taylor, Appellants.

Boyd B. Nicholson, Jr. and Joel M. Bondurant, Jr., of Greenville, for Appellants. James G. Carpenter, of Greenville, for Respondent.

Greenville County appeals the trial court’s ruling that Greenville County Procurement Ordinance section 7-307 violated South Carolina Code section 11-35-50. Greenville County argues, among other issues, that the trial court’s ruling violates the Home Rule doctrine.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
16513   Christopher A. Eadie, Appellant, v. Steven M. Krause and Krause and Moorhead, P.A., Respondents.

Thomas A. Pendarvis, of Beaufort, for Appellant. Charles E. Hill and Thorne Barrett, of Columbia, for Respondents.

In this legal malpractice action, appellant asserts the trial court erred in granting summary judgment in favor of respondents. Appellant further asserts the trial court erred in its application of Tennessee law relating to appellant’s underlying Tennessee workers’ compensation claim and in denying appellant’s motion to alter or amend the order pursuant to Rule 59, SCRCP.

Cases to be Submitted Without Oral Argument
14815    The State,Respondent, v. Timothy Meadows,Appellant.

14915    The State,Respondent, v. Tashon Sampson,Appellant.

14922    In the Matter of the Care and Treatment of Jimmy Ray Turner, Appellant.

15204    The State,Respondent, v. Adrian A. Allen,Appellant.

15241    The State,Respondent, v. Hobart Parker Drake, Jr.,Appellant.

15244    The State,Respondent, v. Eugene King,Appellant.

15331    The State,Respondent, v. Evelyn Buckle,Appellant.

15378    The State,Respondent, v. Brian Douglas Laws,Appellant.

15385    The State,Respondent, v. Rodney Terrance Murray,Appellant.

15386    The State,Respondent, v. Billy Ray Maynor,Appellant.

15397    The State,Respondent, v. Denton N. Campbell, Jr.,Appellant.

15403    The State,Respondent, v. Albert Kelly,Appellant.

15406    The State,Respondent, v. Daniel James Coleman,Appellant.

15408    The State,Respondent, v. Lewis Welsh a/k/a Lewis Welch,Appellant.

15411    The State,Respondent, v. Avis Shumate,Appellant.

15414    The State,Respondent, v. Tyrone Singletary,Appellant.

15425    The State,Respondent, v. Terrence L. Cox,Appellant.

15436    The State,Respondent, v. Laquan D. Collier,Appellant.

15439    The State,Respondent, v. Clarence S. Gregory,Appellant.

15452    The State,Respondent, v. Michael Richard Swyers,Appellant.

15453    The State,Respondent, v. Anthony Woods,Appellant.

15454    The State,Respondent, v. Jeffrey Lamont Woody,Appellant.

15456    In the Interest of S., John, A Juvenile Under the Age of Eighteen (18), Appellant.

15457    The State,Respondent, v. William Neuhaus,Appellant.

15461    The State,Respondent, v. Bernard Lamont Brown,Appellant.

15464    The State,Respondent, v. Lawrence William Barrett, III,Appellant.

15475    The State,Respondent, v. Bobby Roy Stewart,Appellant.

15489    The State,Respondent, v. Randy Hill,Appellant.

15497    The State,Respondent, v. Steven McClain,Appellant.

15498    The State,Respondent, v. Jacques Pierre,Appellant.

15521    The State,Respondent, v. Roddrekius M. Grimmage,Appellant.

15572    The State,Respondent, v. ,Marcus Kirk,Appellant.

15815    The State,Respondent, v. Kevin L. Brown,Appellant.

15816    The State,Respondent, v. Ralphael Lamont Briggs,Appellant.

15817    The State,Respondent, v. Paul Laird,Appellant.

15818    In The Interest of Lamarcus Tashadd W., A Minor Under The Age of Seventeen, Appellant.

15819    The State,Respondent, v. Alex Claude Sheriff,Appellant.

15820    The State,Respondent, v. Christopher A. Woody,Appellant.

15827    Jane L. Williamson, Appellant, v. Vanguard Homes, Inc.; Dryvit Systems, Inc.; Caradon Peachtree, Inc., f/k/a Peachtree Doors, Inc.; Moser Design Group, Inc., and Coastal Concepts, Inc., Defendants, of whom: Vanguard Homes, Inc., is Respondent.

15830    Helen P. Johnson, Respondent, v. Mamie Jackson, Appellant.

15842    The State,Respondent, v. Laurtrent Mandrell Montgomery,Appellant.

15846    Shawn M. Reid d/b/a Bolt Electric, Appellant, v. Michael J. Carr and Andrea K. Carr and Kessler Construction Company, Respondents.

15848    Phillip Pendergrass #82421, Appellant, v. South Carolina Department of Probation, Pardon and Parole Services, Respondent.

15932    James Furtick, Appellant, v. South Carolina Department of Corrections, Respondent.

15933    Eric A. Graham, S.C.D.C No. 251687, Appellant, v. State of South Carolina, Respondent.

15962    Isiah James #96883, Appellant, v. South Carolina Department of Corrections, Respondent.

15969    The State,Respondent, v. Keith Drayton,Appellant.

15970    The State,Respondent, v. Otis Lee Culbreath,Appellant.

15976    Roy Lindsey#67021, Appellant, v. South Carolina Department of Corrections, Respondent.

16105    The State,Respondent, v. Brian Brewster,Appellant.