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September 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, September 10, 2012 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2009-138127 The State, Respondent,
v.
Larry Bradley Brayboy, Appellant. Assistant Appellate Defender Kathrine Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina J. Catoe, all of Columbia,for Respondent. Larry Bradley Brayboy appeals from his convictions of armed robbery, kidnapping, and assault and battery of a high and aggravated nature, arguing the trial court erred in limiting Brayboy's examination of a co-defendant about a prior conviction for possession of a sawed off shotgun. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2009-145547 The State, Respondent,
v.
Brandon Heath Clark, Appellant. Assistant Appelllate Defender Elizabeth Anne Franklin-Best, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Alphonso Simon, Jr., of Columbia, and Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Brandon Heath Clark appeals his convictions for two counts of murder and two counts of possession of a weapon during the commission of a violent crime. Clark argues the trial court erred in denying his motion for a directed verdict because the State failed to present evidence he fired the gunshots that killed the victims. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2010-156546 Jeanette Canteen, Appellant,
v.
McLeod Regional Medical Center, Employer, and Palmetto Hospital Trust Services, Ltd., Respondents. Edward L. Graham of Graham Law Firm, PA, of Florence, for Appellant. R. Hawthorne Barrett of Turner Padget Graham & Laney, PA, of Columbia, and Walter Hilton Barefoot, of Turner Padget Graham & Laney, PA, of Florence, for Respondents. Jennette Canteen appeals from the circuit court's order affirming the Workers' Compensation Commission's Appellate Panel's finding that she did not suffer a brain injury, arguing the court erred by: (1) failing to find Canteen suffered from asymptomatic Chiari I Malformation prior to July 2, 2001; (2) failing to find Canteen's injury aggravated her previously asymptomatic Chiari I Malformation; (3) finding no medical doctor provided evidence Canteen suffered a physical brain injury and disregarding the medical doctors' evidence; (4) disregarding evidence of Canteen's physical brain damage from herself and three neuropsychologists; (5) finding Dr. Kenneth Kammer's testimony concerning brain damage was equivocal; (6) failing to affirm the Single Commissioner's finding that evidence proved physical brain damage was causally related to Canteen's work injury, (7) finding substantial evidence supported the Appellate Panel's decision; and (8) failing to affirm the Single Commissioner's award of lifetime compensation and lifetime medical care. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2008-111046 The State, Respondent,
v.
Jeremy McMillan, Appellant. Nicole Nicolette Mace of The Mace Law Firm, of Myrtle Beach, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, and Solicitor Ernest Adolphus Finney, III, of Sumter, for Respondent. Jeremy McMillian appeals from his convictions for two counts of murder and possession of a weapon during the commission of a violent crime, arguing the court erred by: (1) finding his reason for striking jurors was pretextual; (2) not following this court's order requiring it to hold a hearing to address his motion for remand to reconstruct the record; and (3) not making an evidentiary ruling regarding the State's introduction of prior bad acts because it inflamed the jury. |
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2:00 p.m. | (Time Limits: 10-10-5) |
2009-117006 The State, Respondent,
v.
Derek Maner, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Melody Jane Brown, of Columbia, and Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent. In this criminal appeal, Derek Maner argues the court erred by allowing an investigator to testify based on his investigation when he had no direct knowledge of the reason for the victim's disappearance, thus the opinion was gratuitous, improper, and highly prejudicial. Also, Maner contends the court erred in refusing to grant a directed verdict because he argues there was no direct or substantial circumstantial evidence of the corpus delicti |
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2:40 p.m. | (Time Limits: 10-10-5) |
2010-153046 The State, Respondent,
v.
Jo Pradubsri, Appellant. Assistant Appellate Defender Elizabeth Anne Franklin-Best, of Columbia, for Appellant. 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 Respondent. In this criminal action, Jo Pradubsri contends the trial court erred in not allowing him to cross-examine his co-defendant about her potential legal exposure prior to his acceptance of the State's plea offer. |
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3:20 p.m. | (Time Limits: 10-10-5) |
2010-159287 Patrick Hunkler, Appellant,
v.
Sarah Frey, Respondent. Cynthia Barrier Patterson, of Columbia, for Appellant. Robert N. Rosen of Rosen Law Firm, LLC, of Charleston, for Respondent. Patrick Hunkler (Father) appeals from a family court order granting Sarah Frey (Mother) sole custody of their son (Son), arguing the court erred by: (1) granting Mother sole custody of Son because she failed to show a substantial change of circumstances; (2) awarding Mother a tax deduction for Son because Father's payments exceeded the child support guidelines; (3) awarding Mother $70,000 in attorney's fees; and (4) requiring Father and Mother to follow Son's doctor's recommendations because neither party requested the relief. |
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Tuesday, September 11, 2012 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-168831 Hazel Jeisel Rivera, Respondent,
v.
Warren Jared Newton, Newton's Farm, J&J Logging, Inc., and Edgar Rivera, Appellants. John Dwight Hudson, of Hudson Law Offices, of Myrtle Beach, for Appellants Warren Jared Newton, Newton's Farm, and J&J Logging. Brandon A. Smith, of Turner Padget Graham & Laney, PA, of Florence, for Appellant Edgar Rivera. Lawrence Sidney Connor, IV, of Kelaher Connell & Connor, PC, of Surfside Beach, for Respondent. Respondent was a passenger in a car which struck a logging truck. Appellants appeal the trial court's grant of Respondent's motion for a new trial when the trial court refused Respondent's request for an order holding one of the two Appellants had to be liable and when the trial court permitted a verdict form, over Respondent's objections, indicating the jury could find in favor of both Appellants. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-166630 Lillian Horne, Appellant,
v.
Robert Coleman d/b/a/ Coleman's Construction, Keith W. Yow, Tammy Faye Whisenant, Brandy W. McBee, Clerk of COurt, Cherokee County Clerk of Court, Defendants, Of Whom Keith W. Yow and Tammy Faye Whisenant are, Respondent. David Charles Alford of David C. Alford, PC,,of Spartanburg, for Appellant. Sarah Upchurch Shiflett, of Gaffney, for Respondents. In this appeal, Appellant contends the trial court erred by not voiding the deed in favor of Appellant's right to the homestead exemption act. Additionally, Appellant argues the trial court erred by failing to address whether the parties to the judicial sale had notice of the homestead exemption and should have accounted for said exemption. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2010-168366 South Carolina Self Storage Association and South Carolina Self Storage Association of Personnel and Staffing individually and on behalf of themselves the members and all entities similarly situated, Appellants,
v.
City of Aiken, et al., Respondents. T. Alexander Beard, of Beard Law Offices, of Mt. Pleasant, for Appellants. A. Camden Lewis and Ariail Elizabeth King, both of Lewis Babcock & Griffin, LLP, of Columbia, for Appellants. Danny Calvert Crowe and R. Hawthorne Barrett, both of Turner Padget Graham & Laney, PA, of Columbia, for Respondents. This is a civil appeal from the trial court's grant of summary judgment in favor of the Defendants. The following rulings are the basis of this appeal: (1) South Carolina Self Storage Association (Self Storage) and South Carolina Self Storage Association of Personnel and Staffing (Personnel) (collectively known as Appellants), lack associational standing; (2) Appellants lack standing under the public importance exception; (3) Appellants lack standing for purposes of declaratory judgment; (4) Appellants failed to exhaust their administrative remedies; and (5) Appellants waived any claims for previously paid business license taxes pursuant to the voluntary payment doctrine. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2011-190727 Millvale Plantation, LLC, Respondent,
v.
Carrison Family Limited Partnership, and Mary H. Carrison, Appellants. Robert J. Sheheen of Savage Royall & Sheheen, of Camden, for Appellants. W. Duvall Spruill of Turner Padget Graham & Laney, PA, of Columbia, for Respondent. Carrison Family Limited Partnership and Mary H. Carrison appeal the circuit court's award of a fifty acre tract of land to Millvale Plantation, LLC, arguing the circuit court erred in (1) construing the deed at issue, (2) finding Mary Carrison failed to prove her trespass to try title claim, and (3) finding Mary Carrison failed to prove her adverse possession claim. |
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Wednesday, September 12, 2012 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-180846 The State, Respondent,
v.
Samuel McNeil, Appellant. Assistant Appellate Defender Breen Richard Stevens, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Deputy Attorney General David A. Spencer, of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent. On appeal, Samuel McNeil (McNeil) argues the trial court erred in determining McNeil's statement was voluntary as his confession to law enforcement was not freely, knowingly, and voluntarily made because McNeil was questioned by law enforcement while he was intoxicated. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2011-183586 Latoya Brown, Respondent,
v.
Dick Smith Nissan, Inc. and Old Republic Surety Company, Appellants. Joseph Gregory Studemeyer, of Columbia, for Appellants. William T. Toal of Johnson Toal & Battiste, PA, of Columbia, for Respondent. This appeal arises out of a claim filed by Respondent Latoya Brown against Appellant Dick Smith Nissan, Inc. under the South Carolina Act Regulating Manufacturers, Distributors, and Dealers ("the Dealers Act"). On appeal, Dick Smith argues the trial court made erroneous factual findings regarding Brown's purchase and erred in applying the Dealers Act to the facts of this case. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2011-183926 Pamela Easthagen, Respondent,
v.
Palmetto Ambulance Service, Appellant, Darryl D. Smalls of Darryl D. Smalls, Attorney at Law, of Columbia, for Appellant. Peter H. Dworjanyn of Collins & Lacy, PC, of Columbia, and Larry A. Welborn of Standeffer & Harbin, LLP, of Anderson, for Respondent. C. Roland Jones, Jr., of Spartanburg, for Respondent. This workers' compensation case involves a settlement agreement entered into between an employer and an employee terminated after filing a workers' compensation claim. The circuit court affirmed the finding by the Appellate Panel of the Workers' Compensation Commission that the agreement settled only the employee's retaliatory discharge claim and did not settle her workers' compensation claim. The employer appeals arguing the agreement clearly settles both claims and the employee elected her remedy. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2011-190226 Miranda C., a minor under the age of fourteen (14) years, by her Guardian ad Litem, Susan Renee Courtney, Respondent/Appellant,
v.
Nissan Motor Co., Ltd., and Nissan North America, Inc., Appellants/Respondents. Charles Mitchell Brown, William C. Wood, Jr., and Brian Patrick Crotty, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellants/Respondents. Joel Haywood Smith, Angela Gilbert Strickland, Courtney Crook Shytle, and Kevin J. Malloy, all of Bowman & Brooke, LLP, of Columbia, for Appellants/Respondents. Ronnie Lanier Crosby and Mark David Ball, both of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Respondent/Appellant. John S. Nichols, of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Respondent/Appellant. Rodney C. Jernigan, Jr., of Florence, for Respondent/Appellant. In this design defect cross appeal, Nissan Motor Co. Ltd. and Nissan North America, Inc.'s (collectively, Nissan), asserts the circuit court erred in denying its motion for JNOV because the jury found Miranda C., by her guardian ad Litem, Susan Renee Courtney (collectively, Miranda C.) had not proven a the existence of a safer, feasible alternative design. Miranda C counterclaims, arguing the circuit court erred in denying her motion to invalidate a post-verdict special interrogatory, and erred in granting Nissan's motion for a new trial. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2011-186667 Sarah Jo Gaylord, Respondent,
v.
Jules Robert Duncan Gaylord, Appellant. G. Robin Alley of Isaacs & Alley, LLP, of Columbia, for Appellant. Anne E. Janes and Maronee Elizabeth Snyder, both of Sherrill & Janes, PA, of Sufside Beach, for Respondent. Ronald James Talbert, of Andrews, Guardian Ad Litem. In this appeal from the family court, Appellant Jules Gaylord argues the family court erred in apportioning the martial estate between the parties, requiring the Appellant to pay Respondent Sarah Gaylord's attorney's fees and costs, finding Appellant in willful contempt of court, and computing the amount of alimony awarded to Respondent. |
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3:40 p.m. | (Time Limits: 10-10-5) |
2011-187186 Johnny Parks, Employee, Respondent,
v.
Kohler Company, Employer and Kohler Company, Self Insured, Carrier, Defendants, Of whom, Kohler Company, Self Insured, Carrier is the, Appellant. Russell Thomas Infinger and Kirsten Elena Small, both of Nexsen Pruet, LLC, of Greenville, for Appellant. Alan Randolph Cochran of Cochran Law Firm, PA, of Greenville, for Respondent. Kohler Company appeals the decision of the Appellate Panel of the South Carolina Workers' Compensation Commission to award Johnny Parks temporary total disability. Kohler argues there is not substantial evidence to support the Panel's findings that Parks is unable to work. |
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Thursday, September 13, 2012 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-187286 Elizabeth Gail Whitfield, Appellant,
v.
South Carolina Department of Social Services, Respondent. William Norman Epps, III, of Epps, Nelson & Epps, of Anderson, for Appellant. Celeste Moore, of Columbia, for Respondent. In this employee grievance action, Elizabeth Whitfield appeals the Administrative Law Court's decision upholding her suspension and termination from the Department of Social Services. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2011-187747 Carolina First Bank, n/k/a TD Bank, NA, Respondent,
v.
BADD, LLC, William McKown and Charles A. Christenson, Defendants, Of whom BADD, LLC and William McKown are Appellants. __________________________ BADD, LLC and William McKown, Third Party Plaintiffs,
v.
William Rempher, Third Party Defendant. Richard R. Gleissner, of Gleissner Law Firm, LLC, of Columbia, for Appellants. William Wayne DesChamps, III, of DesChamps Law Firm, of Myrtle Beach, for Respondent. On appeal, BADD, LLC and William McKown (collectively, Appellants) argue the circuit court erred by (1) holding Appellants waived their right to a jury trial; (2) holding the Appellants' counterclaims were permissive; and (3) referring the entire case to a master in equity. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2011-189986 Thomas Oswald General Carpentry & Builders, LLC, Respondent,
v.
Kathleen B. McEvoy and William H. Campbell, Appellants. Edward M. Woodward for Appellants. Crosby Lewis, of Lewis Law, Inc, of Winnsboro, and Thomas Jefferson Goodwyn, Jr., of Goodwyn Law Firm, LLC, of Columbia, for Respondent. This appeal arises from an action filed by Respondent Thomas Oswald General Carpentry & Builders, LLC against Appellants Kathleen McEvoy and William Campbell for damages related to home renovations. On appeal, Appellants argue sufficient evidence existed to present to the jury the issue of whether there were subsequent oral modifications to a written contract. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2011-184006 Vennie Taylor Hudson, Respondent,
v.
Caregivers of South Carolina, LLC, and S.C. Uninsured Employers' Fund, Appellants. Carmelo Barone Sammataro, of Turner Padget Graham & Laney, PA, of Columbia, for Appellant Caregivers of South Carolina, LLC. Samuel Thompson Brunson of Samuel T. Brunson Law Offices, of Florence, for Appellant SC Workers Compensation Uninsured Employers Fund. Stephen Benjamin Samuels, of Samuels Law Firm, LLC, of Columbia, for Respondent. In this worker's compensation appeal, Caregivers of South Carolina, LLC (Caregivers) and the South Carolina Workers' Compensation Uninsured Employers' Fund (the Fund) argue the circuit court erred by (1) failing to give preclusive effect to the February order finding Vennie Taylor Hudson (Hudson) was an independent contractor; (2) finding Hudson was an employee of Caregivers; and (3) concluding Hudson's alleged injuries arose out of the course and scope of her employment. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2011-190646 Allen Coolidge Frazier, Employee, Appellant,
v.
Starr Electric Co., Employer, and General Casualty Insurance Company, Carrier, Respondents. Stephen Benjamin Samuels of Samuels Law Firm, LLC, of Columbia, for Appellant. Carmelo Barone Sammataro and Cynthia C. Dooley, of Turner Padget Graham & Laney, PA, of Columbia, for Respondents. This appeal arises out of a workers' compensation claim for a repetitive trauma injury filed by Appellant Allen Frazier against his employer. On appeal, Frazier argues he (1) timely notified his employer of his repetitive trauma injury and (2) suffered a compensable repetitive trauma injury to his right shoulder caused by constant overhead lifting on his job as an electrician. |
Tuesday, September 11, 2012 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-179647 Kern Stafford and Elizabeth Stafford, Appellants,
v.
Satyanand Prashad, Shridath Prashad, Wells Fargo Bank NA, Morris Hardwick Schneider, LLC, Respondents. Mitchell K. Byrd, Sr., of Greenville, and John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellants. Thomas A. Phillips and John Kevin Owens of Butler Means Evins & Browne, PA, of Spartanburg, for Respondents Satyanand Prashad and Shridath Prashad., Thomas W. Traxler and Travis Verne Olmert of Carter Smith Merriam Rogers & Traxler, PA, of Greenville, for Respondent Morris Harwick Schneider LLC. Franklin H. Turner, III, of Rogers Townsend & Thomas, PC, of Columbia, for Respondent Wells Fargo Bank. The Staffords appeal the trial court's grant of summary judgment in favor of Respondents on the Staffords' claims for a fraudulent conveyance in violation of the Statute of Elizabeth, negligence, and violation of the South Carolina Unfair Trade Practices Act. They also appeal the trial court's imposition of sanctions in favor of Respondent Morris Hardwick Schneider, LLC pursuant to the South Carolina Frivolous Civil Proceedings Act. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2009-143506 The State, Respondent,
v.
Kendrick Taylor, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General W. Edgar Salter, III, of Columbia, for Respondent. Kendrick Taylor appeals his murder conviction, arguing (1) the trial judge should have allowed him to cross-examine a witness for the State about charges that had been dismissed but were pending against the witness when he gave a statement and (2) the trial judge should not have allowed the State to introduce a ballistics report that allegedly bolstered certain trial testimony. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2009-146206 The State, Respondent,
v.
John Bendarian Bonner, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, and Tristan M Shaffer of Dessausure Law Firm, of Columbia, for Appellant. 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 Respondent. John Bendarian Bonner appeals his sentence of life imprisonment without the possibility of parole for a burglary he committed while he was a juvenile, arguing the sentence is in violation of the Eighth and Fourteenth Amendments of the United States Constitution. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2010-173166 Padgett S. Lewis, Respondent,
v.
Brian Randolph Lewis, Appellant. Thomas M. Neal, III, of Law Offices of Thomas M. Neal, III, of Columbia, for Appellant. Carrie Ann Warner of Warner Payne & Black, LLP, of Columbia, for Respondent. Brian Randolph Lewis (Husband) appeals the order of the family court asserting the court erred in (1) awarding child support based upon an imputed monthly income to him of $2,900.00, (2) failing to award the parties joint custody of their minor child or, alternatively, failing to award Husband more than standard visitation, (3) finding Husband's therapy counselor was unaware of certain matters involving Husband, and (4) requiring each party to pay his or her own attorney fees. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2010-173766 Leann Marie Coghlan, Appellant,
v.
Phillip Anthony Coghlan, Respondent. John O. McDougall and Peter George Currence, of McDougall & Self, LLP, of Columbia, for Appellant. J. Mark Taylor, of Moore Taylor & Thomas, PA, of West Columbia, and Katherine Carruth Goode, of Winnnsboro, for Respondent. George W. Branstiter, of Branstiter Law Offices, of Lexington, Guardian Ad Litem. Leeann Marie Coghlan (Wife) appeals the family court's divorce order between Wife and Philip Anthony Coghlan (Husband). Wife argues the family court erred in (1) granting Husband sole custody of their children; (2) denying Wife permanent periodic alimony; (3) valuing and apportioning the marital estate; and (4) ruling that each party should be responsible for their attorney's fees. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2010-173767 Clyde and Kathy Barnes, Respondents,
v.
James E. Johnson, Appellant. Oscar W. Bannister, of Bannister & Wyatt, LLC, of Greenville, for Appellant. Scott Franklin Talley and Lauren Willoughby Barnwell of Talley Law Firm, P.A., of Spartanburg, for Respondents. In this property matter, heard in equity, James E. Johnson appeals the award of $75,616.17 to Clyde and Kathy Barnes. We reverse. |
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3:40 p.m. | (Time Limits: 10-10-5) |
2010-174907 The State, Respondent,
v.
Ricky Cheeks, Appellant. Deputy Chief Appellate Defender Wanda H. Carter and Tristan M Shaffer, of Dessausure Law Firm, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, and Solicitor Barry Joe Barnette, of Spartanburg, for Respondent. In this criminal matter, Ricky Cheeks appeals his convictions for possession with intent to distribute crack cocaine within a one-half mile of a school, trafficking in crack cocaine of more than 400 grams, and trafficking in crack cocaine of more than 100 grams, asserting the trial court erred in (1) failing to suppress drugs seized in a residence because the search warrant was facially invalid inasmuch as it did not include a description of the place to be searched and (2) instructing the jury that actual knowledge of the presence of crack cocaine is strong evidence of a defendant's intent to control its disposition or use. |
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Wednesday, September 12, 2012 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-175266 David A. Babb, Appellant,
v.
Jerry Lee Mundy and Carolyn Ford, Respondents. David A. Babb, of Charleston, for Appellant. Andrew G. Goodson, of Younts Alford Brown & Goodson, of Fountain Inn, for Respondents Jerry Mundy and Carolyn Ford, Donald Bruce Hocker of Laurens SC for Respondents Jerry Mundy and Carolyn Ford David Babb appeals the order of the trial court dismissing his claims against Jerry Lee Mundy and Carolyn Ford due to Babb's failure to allege sufficient facts to constitute a cause of action and lack of subject matter jurisdiction. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-176767 J. Kevin Baugh, M.D. and Barry J. Feldman, M.D., Respondents,
v.
Columbia Heart Clinic, P.A., Appellant. Keith M. Babcock, A. Camden Lewis, and Ariail Elizabeth King, all of Lewis Babcock & Griffin, LLP of Columbia SC for Appellant Columbia Heart Clinic, PA, Charles Franklin Thompson, Jr. of Malone Thompson Summers & Ott, LLC of Columbia SC for Respondents Kevin Baugh and Barry Feldman. Columbia Heart Clinic, P.A., appeals the circuit court's final order from a non-jury trial holding (1) the noncompetition provisions of employment agreements between Columbia Heart and the respondents were unenforceable and (2) the employment agreements and South Carolina Wage Payment Act entitled the respondents to unpaid compensation. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2010-178026 Paine Gayle Properties, LLC, Appellant,
v.
CSX Transportation, Inc., Respondent. G. P. Callison of Callison Dorn Law Firm of Greenwood SC for Appellant Paine Gayle Properties, LLC, Elizabeth A. McLeod of Fulcher Hagler, LLP of Augusta GA for Respondent CSX Transportation, Inc. Appellant Paine Gayle Properties, LLC (Paine Gayle) brought this action against Respondent CSX Transportation, Inc. (CSX), seeking an order establishing an easement under a railroad trestle owned by CSX. Paine Gayle and CSX filed cross-motions for summary judgment, and the circuit court granted summary judgment to CSX. Paine Gayle seeks review of this order. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2010-159986 The State, Respondent.
v.
Tarrence Jordan, Appellant. Assistant Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Deputy Attorney General David A. Spencer, all of Columbia, for Respondent. Tarrence Jordan appeals his convictions and sentences for five counts of armed robbery and three counts each of kidnapping, first-degree burglary, and the possession of a weapon during the commission of a violent crime. He argues the trial court erred in (1) admitting an eyewitness's identification of him and (2) denying his motion to reconsider his sentences. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2010-179648 Mark Bevivino, Alan C. Lincoln, Rhonda S. Lincoln, Karl D. Buckman, Joyce A. Buckman, Charles T. Hallman, Jr., David Freeman, Patricia Freeman, Appellants,
v.
Town of Mount Pleasant, Board of Zoning Appeals, Kent Prause, in his Capacity as Zoning Administrator for the Town of Mount Pleasant, South Carolina Electric & Gas Co./SCANA Communications, Inc., Respondents. Melinda Adelle Lucka, of Finkel Law Firm LLC, of Charleston, for Appellants. Frances Isaac Cantwell, of Regan and Cantwell, LLC of Charleston, for Respondent Town of Mt. Pleasant and Kent Prause. Gary Cleveland Pennington, Jessica Clancy Crowson, and Kelli Hudson Graham of Pennington Law Firm, LLC, of Columbia, SC for Respondent. This is an appeal of a decision of the Town of Mount Pleasant Board of Zoning Appeals to allow a telecommunications tower on property owned by Respondent SCANA Communications, Inc. Appellants, all of whom are residents of the Town of Mount Pleasant, argue (1) they either have standing to challenge the decision or qualify for the public interest exception to the standing requirement and (2) the Board committed procedural and substantive errors of law in its findings regarding the impact of the proposed tower on the neighborhood and the feasibility of using existing structures for the proposed project. In addition, Respondent SCANA Communications argues notice provisions of the applicable Town ordinances are against public policy and cannot be upheld. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2010-179766 The State, Respondent,
v.
Timothy O. Chandler, Appellant. Assistant Appellate Defender Breen Richard Stevens, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Deputy Attorney General David A. Spencer, all of Columbia, for Respondent. Appellant Timothy Chandler contends the trial court erred in admitting into evidence a statement he made to a detention officer. Furthermore, Chandler contends the State's closing argument merited a mistrial. |
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3:40 p.m. | (Time Limits: 10-10-5) |
2010-180306 George Robert Young, Respondent,
v.
Kathryn Lou Young, Appellant. Michael C. Tanner and Rose MacLeod Osborne, of Michael Tanner, LLC, of Bamberg, for Appellant. R. Steven Chandler of R. Steven Chandler, LLC, of Bamberg, for Respondent. Wife appeals the family court's order holding Husband in contempt for his failure to pay her an amount specified in the couple's divorce decree. Wife argues the family court erred by (1) inserting language that modified the amount she was entitled to receive from Husband's savings and investment plan and (2) failing to take judicial notice of evidence showing economic changes that occurred after the entry of the parties' divorce decree. |
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Cases to be Submitted Without Oral Argument | |
2011-204326 |
Anthony Upshaw, Appellant,
v.
South Carolina Department of Employment and Workforce and Urban Services Group, Inc., Respondents.
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2010-157808 |
Gensing G. Cokley, Petitioner,
v.
State of South Carolina, Respondent.
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2010-176946 |
The State, Respondent,
v.
Eric Sumter, Appellant.
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2011-197631 |
Timothy J. Hannah, Employee, Claimant, Appellant,
v.
MJV/Butler Trucking, Inc., Employer,and Palmetto Timber S.I. Fund c/o Walker, Hunter & Associates, Inc. Carrier, Respondents.
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2012-212049 |
State of South Carolina, Plaintiff,
v.
Jose Juan Garcia Robles, Defendant.
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2011-192667 |
Frank Melton and Mary Frances Holder, Appellants,
v.
John C. Tibbs, Respondent.
And Big Oak Hunt Club and Jimmie E. Nunnery, Intervenors.
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2012-212046 |
State of South Carolina, Plaintiff,
v.
Francisco Guerrero-Flores, Defendant.
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2009-137787 |
Stanley D'Antonio Jr., Petitioner-Respondent,
v.
State of South Carolina, Respondent-Petitioner.
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2011-185706 |
The State, Respondent,
v.
Michael Singleton, Appellant.
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2011-200827 |
John McGeary, Appellant,
v.
South Carolina Department of Motor Vehicles and South Carolina Department of Public Safety, Defendants,
Of whom South Carolina Department of Motor Vehicles is the Respondent.
|
2010-165826 |
The State, Respondent,
v.
Melvin Webb, Appellant.
|
2010-169970 |
Andre Bouknight, Petitioner,
v.
State of South Carolina, Respondent.
|
2011-196690 |
The State, Respondent,
v.
Melvin Durham, Appellant.
|
2010-152170 |
James Dator, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212046 |
State of South Carolina, Plaintiff,
v.
Francisco Guerrero-Flores, Defendant.
|
2011-185906 |
The State, Respondent,
v.
Supreme Raheem Ackbar, Appellant.
|
2012-212049 |
State of South Carolina, Plaintiff,
v.
Jose Juan Garcia Robles, Defendant.
|
2011-199467 |
Jairo Escobar, Respondent,
v.
Federal Express Corporation, Employer and Sedgwick CMS, Servicing Agent, Appellants.
|
2010-155110 |
Jeffrey Wayne Green, Petitioner,
v.
State of South Carolina, Respondent.
|
2010-155907 |
Herbert T. Frazier, Petitioner,
v.
State of South Carolina, Respondent.
|
2010-160686 |
Clyde Hunt, Petitioner,
v.
State of South Carolina, Respondent.
|
2010-152170 |
James Dator, Petitioner,
v.
State of South Carolina, Respondent.
|
2010-160188 |
The State, Respondent,
v.
Tremaine Devon Nelson, Appellant.
|
2009-145087 |
Roderick Bradley, Petitioner,
v.
State of South Carolina, Respondent.
|
2010-168509 |
The State, Respondent,
v.
Jimmy Gallishaw, Appellant.
|
2011-185586 |
The State, Respondent,
v.
Marcus Addison, Appellant.
|
2010-166246 |
Glenn Asher Harris, Petitioner,
v.
State of South Carolina, Respondent.
|
2010-178487 |
The State, Respondent,
v.
Robert Earle Berry, Appellant.
|
2010-160647 |
Brian A. Diggs, Petitioner,
v.
State of South Carolina, Respondent.
|
2011-192887 |
The Palmetto Bank, Respondent,
v.
Walter T. Cardwell, Jr., Coach Hills Homeowner's Association, Inc., United States of Amertica, Defendants,
Of whom, Walter T. Cardwell, Jr. is the Appellant.
|
2011-191326 |
The State, Respondent,
v.
John Lambert, Appellant.
|
2010-180207 |
The State, Respondent,
v.
Torrey Wilson, Appellant.
|
2011-199967 |
Isiah James, Jr., Appellant,
v.
South Carolina Department of Probation, Parole and Pardon Services, Respondent.
|
2010-180607 |
The State, Respondent,
v.
Dadrin Jerome Johnson, Appellate.
|
2011-195126 |
Carolyn Diane Johnson, Respondent,
v.
Christoper L. Mew and Rose Ann Bowers Youmans, Defendants,
Of Whom Christopher L. Mew is the, Appellant,
And Rose Ann Bowers Youmans is Respondent.
|