PREV | September 2008 | NEXT |
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.)
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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.
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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.
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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.
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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.
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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.
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Wednesday, September 17, 2008 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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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.
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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.
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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.
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Thursday, September 18, 2008 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Tuesday, September 16, 2008 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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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.
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Wednesday, September 17, 2008 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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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.
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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.
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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.
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Cases to be Submitted Without Oral Argument | |
14815 |
The State,Respondent, v. Timothy Meadows,Appellant.
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14915 |
The State,Respondent, v. Tashon Sampson,Appellant.
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14922 |
In the Matter of the Care and Treatment of Jimmy Ray Turner, Appellant.
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15204 |
The State,Respondent, v. Adrian A. Allen,Appellant.
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15241 |
The State,Respondent, v. Hobart Parker Drake, Jr.,Appellant.
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15244 |
The State,Respondent, v. Eugene King,Appellant.
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15331 |
The State,Respondent, v. Evelyn Buckle,Appellant.
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15378 |
The State,Respondent, v. Brian Douglas Laws,Appellant.
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15385 |
The State,Respondent, v. Rodney Terrance Murray,Appellant.
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15386 |
The State,Respondent, v. Billy Ray Maynor,Appellant.
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15397 |
The State,Respondent, v. Denton N. Campbell, Jr.,Appellant.
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15403 |
The State,Respondent, v. Albert Kelly,Appellant.
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15406 |
The State,Respondent, v. Daniel James Coleman,Appellant.
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15408 |
The State,Respondent, v. Lewis Welsh a/k/a Lewis Welch,Appellant.
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15411 |
The State,Respondent, v. Avis Shumate,Appellant.
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15414 |
The State,Respondent, v. Tyrone Singletary,Appellant.
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15425 |
The State,Respondent, v. Terrence L. Cox,Appellant.
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15436 |
The State,Respondent, v. Laquan D. Collier,Appellant.
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15439 |
The State,Respondent, v. Clarence S. Gregory,Appellant.
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15452 |
The State,Respondent, v. Michael Richard Swyers,Appellant.
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15453 |
The State,Respondent, v. Anthony Woods,Appellant.
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15454 |
The State,Respondent, v. Jeffrey Lamont Woody,Appellant.
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15456 |
In the Interest of S., John, A Juvenile Under the Age of Eighteen (18), Appellant.
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15457 |
The State,Respondent, v. William Neuhaus,Appellant.
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15461 |
The State,Respondent, v. Bernard Lamont Brown,Appellant.
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15464 |
The State,Respondent, v. Lawrence William Barrett, III,Appellant.
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15475 |
The State,Respondent, v. Bobby Roy Stewart,Appellant.
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15489 |
The State,Respondent, v. Randy Hill,Appellant.
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15497 |
The State,Respondent, v. Steven McClain,Appellant.
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15498 |
The State,Respondent, v. Jacques Pierre,Appellant.
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15521 |
The State,Respondent, v. Roddrekius M. Grimmage,Appellant.
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15572 |
The State,Respondent, v. ,Marcus Kirk,Appellant.
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15815 |
The State,Respondent, v. Kevin L. Brown,Appellant.
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15816 |
The State,Respondent, v. Ralphael Lamont Briggs,Appellant.
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15817 |
The State,Respondent, v. Paul Laird,Appellant.
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15818 |
In The Interest of Lamarcus Tashadd W., A Minor Under The Age of Seventeen, Appellant.
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15819 |
The State,Respondent, v. Alex Claude Sheriff,Appellant.
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15820 |
The State,Respondent, v. Christopher A. Woody,Appellant.
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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.
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15830 |
Helen P. Johnson, Respondent, v. Mamie Jackson, Appellant.
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15842 |
The State,Respondent, v. Laurtrent Mandrell Montgomery,Appellant.
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15846 |
Shawn M. Reid d/b/a Bolt Electric, Appellant, v. Michael J. Carr and Andrea K. Carr and Kessler Construction Company, Respondents.
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15848 |
Phillip Pendergrass #82421, Appellant, v. South Carolina Department of Probation, Pardon and Parole Services, Respondent.
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15932 |
James Furtick, Appellant, v. South Carolina Department of Corrections, Respondent.
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15933 |
Eric A. Graham, S.C.D.C No. 251687, Appellant, v. State of South Carolina, Respondent.
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15962 |
Isiah James #96883, Appellant, v. South Carolina Department of Corrections, Respondent.
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15969 |
The State,Respondent, v. Keith Drayton,Appellant.
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15970 |
The State,Respondent, v. Otis Lee Culbreath,Appellant.
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15976 |
Roy Lindsey#67021, Appellant, v. South Carolina Department of Corrections, Respondent.
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16105 |
The State,Respondent, v. Brian Brewster,Appellant.
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