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September 2014 |
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 8, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-186254 Russell W. Rice, Jr., Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Senior Deputy Assistant Attorney General Karen Christine Ratigan, both of Columbia, for Respondent. Russell Rice seeks review of the post-conviction relief court's denial of his ineffective assistance of counsel claim for his trial counsel's failure to conduct an independent investigation of the alleged murder weapon found in Rice's vehicle. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2011-201106 Chico Bell, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Megan E. Harrigan, all of Columbia, for Petitioner. Appellate Defender Susan Barber Hackett, of Columbia, for Respondent. After this court granted the State's petition for certiorari in this post-conviction relief (PCR) action, the State argues the PCR judge erred in granting Chico Bell's application for PCR and ordering specific performance of a plea offer. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000106 Mitul Enterprises, L.P., Appellant,
v.
Beaufort County Assessor, Respondent. James Ashley Twombley of Twenge & Twombley, LLC, of Beaufort, for Appellant. Stephen P. Hughes and William Thomas Young, III, both of Howell Gibson & Hughes, PA, of Beaufort, for Respondent. Mitul Enterprises, L.P. appeals the Administrative Law Court's ruling the Beaufort County Assessor properly levied additional taxes against it for 2009 based on improvements to commercial property and section 12-39-220 of the South Carolina Code. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2011-197146 The State, Respondent,
v.
Christopher Miller, Appellant. Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mary Shannon Williams, both of Columbia, for Respondent. Christopher Miller appeals his conviction for criminal conspiracy. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2011-201486 The State, Respondent,
v.
Derell Green, Appellant. Chief Appellate Defender Robert Michael Dudek and Appellate Defender Lara Mary Caudy, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Derrell Green appeals his murder conviction, arguing the trial court erred in admitting his allegedly coerced confession. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2012-212146 Joseph E. Mason, Jr., Appellant,
v.
Catherine L. Mason, Joseph E. Mason, Sr., Kathy St. Blanchard, Mason Holding Company, Inc., and Irwin Levine, Respondents. Robert Yates Knowlton, Sr. and Elizabeth Halligan Black, both of Haynsworth Sinkler Boyd, PA, of Columbia, for Appellant. J. Jackson Thomas and Emma Ruth Brittain, both of Thomas & Brittain, P.A, of Myrtle Beach, for Respondents Joseph E. Mason, Sr., Catherine L. Mason, Kathy St. Blanchard, and Mason Holding Company, Inc. John M. Leiter of Law Offices of John M. Leiter, PA, of Myrtle Beach, for Respondent Irwin Levine. In this shareholder dispute case, Joseph E. Mason, Jr. appeals the special referee's decision granting judgment on his causes of action including breach of contract, breach of fiduciary duty, wrongful termination, and civil conspiracy in favor of Catherine L. Mason, Joseph E. Mason, Sr., Kathy St. Blanchard, Mason Holding Company, and Irwin Levine (collectively, Respondents). He also asserts the special referee erred by not ordering Respondents to repurchase his shares. He further contends the special referee erred in finding for the Respondents on their counterclaims. |
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3:40 p.m. | (Time Limits: 10-10-5) |
2012-208787 Stephen George Brock, Appellant,
v.
Town of Mount Pleasant, Respondent. Robert Clyde Childs, III of Childs Law Firm, of Greenville, for Appellant. J. Falkner Wilkes, of Greenville, for Appellant. Jessica Sara Jubick and James J. Hinchey, Jr., of Hinchey Murray & Pagliarini, LLC, of Charleston, for Respondent. In this civil appeal involving South Carolina's Freedom of Information Act, Stephen Brock appeals the trial court's failure to grant relief as to some issues and its decision to award only a portion of his requested attorney's fees. |
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Tuesday, September 9, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-000487 The State, Respondent,
v.
Shondre Lamond Williams, Appellant. Carlyle Richardson Cromer, of Turner Padget Graham & Laney, PA, of Myrtle Beach, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Attorney General David A. Spencer, Assistant Attorney General Adam L Whitsett, and Assistant Attorney General Joshua L. Thomas, all of Columbia, for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent. Shondre Lamond Williams appeals his trafficking cocaine and possession of cocaine base convictions, asserting the trial court erred in (1) refusing to suppress the search warrant for his home because the officer who completed the affidavit did so without personal knowledge of the facts giving rise to probable cause and (2) refusing to suppress the drug evidence because the State failed to demonstrate a complete chain of custody by failing to explain date discrepancies. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-206608 The State, Respondent,
v.
Alexander L. Hunsberger, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General Melody Jane Brown, all of Columbia, for Respondent. Solicitor Donald V. Myers, of Lexington, for Respondent. Alexander Hunsberger appeals his conviction for murder, arguing the trial court erred in denying his motion to dismiss the charge against him because his constitutional rights to a speedy trial were violated as a result of the almost ten-year delay in bringing his case to trial. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-207290 The State, Respondent,
v.
Julio Angelo Hunsberger, Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General Melody Jane Brown, all of Columbia, for Respondent. Solicitor Donald V. Myers, of Lexington, for Respondent. Julio Hunsberger appeals his conviction for murder, arguing the trial court erred in denying his motion to dismiss the charge against him because his constitutional rights to a speedy trial were violated as a result of the almost ten-year delay in bringing his case to trial. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-209191 The State, Respondent,
v.
Joseph Bradley Loftin, Appellant. John Dennis Delgado, of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent. Joseph Bradley Loftin appeals his criminal sexual conduct with a minor and lewd act upon a child convictions arguing the trial court erred in (1) ruling an uncharged incident between Loftin and the victim that allegedly occurred in another county was admissible as common scheme or plan evidence and (2) excluding evidence concerning the victim's prior sexual activity after the State introduced evidence concerning a pregnancy test and medical testimony because (a) the evidence was admissible as alternative explanation theory regarding both pieces of evidence introduced by the State and (b) the evidence was admissible as an exception under the Rape Shield Statute. |
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1:30 p.m. | (Time Limits: 10-10-5) |
2012-207968 The State, Respondent,
v.
James Harris, Appellant. Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent. James Harris appeals his conviction for unlawful possession of a weapon, arguing the trial court erred in denying his motion for directed verdict when the State failed to offer any evidence establishing his actual or constructive possession of the gun in question. Harris also appeals the enhancement of his sentence for resisting arrest pursuant to section 56-5-750(B)(2) of the South Carolina Code because his prior resisting arrest charge was not in South Carolina. |
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2:00 p.m. | (Time Limits: 10-10-5) |
2012-212968 The State, Respondent,
v.
Eugene Thomas, Appellant. Timothy Lee Gehret, of Timothy Gehret Attorney at Law, LLC, of Charleston, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Special Assistant Attorney General Norman Mark Rapoport, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Eugene Thomas appeals his convictions of third-degree burglary, possession of a firearm during the conviction of a violent crime, and attempted armed robbery, arguing the State's evidence did not amount to substantial circumstantial evidence. He also contends the trial court erred in allowing an unduly suggestive out-of-court identification to be admitted into evidence. He further maintains the trial court erred in not charging strong arm robbery. |
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Wednesday, September 10, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-207553 The State, Respondent,
v.
Matthew Brandon Fullbright, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General J. Anthony Mabry, all of Columbia, for Respondent. Solicitor Christina Theos Adams, of Anderson, for Respondent. Matthew Brandon Fullbright appeals his convictions for murder and armed robbery, arguing the trial judge erred in admitting (1) video recordings of statements that he made at his arraignment hearing and (2) evidence about several statements that he allegedly gave to the police while in their custody. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-212663 The State, Respondent,
v.
Donna Lynn Phillips, Appellant Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent. Donna Lynn Phillips appeals her conviction of homicide by child abuse, arguing the trial court erred in denying her directed verdict motion because the State failed to present substantial circumstantial evidence of her guilt. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-212285 The State, Respondent,
v.
Jason Bauman, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Jason Bauman appeals his conviction for first-degree criminal sexual conduct with a minor. Bauman argues the trial court erred in: (1) admitting hearsay testimony from the victim's mother, (2) admitting the written statement of a jailhouse informant, and (3) denying his requested jury charge concerning the credibility of jailhouse informants. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-213445 The State, Respondent,
v.
Anthony Jackson, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent. Anthony Jackson appeals his conviction for first-degree burglary on two grounds: (1) the trial court erred by not allowing him to exercise his constutional right to defend himself at critical stages of the trial; and (2) the trial court erred in finding Jackson voluntarily gave a statement to police. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2012-213563 The Greens of Rock Hill, LLC; GRH 2011, LLC, Respondents,
v.
Rizon Commercial Contracting, Inc., Road Machinery and Supplies Co., Defendants,
of whom Rizon Commercial Contracting, Inc. is the Appellant. Daniel Dominic D'Agostino of D'Agostino Law Firm, of York, for Appellant. Herbert W. Hamilton and Walter Keith Martens, both of Hamilton Martens Ballou & Carroll, LLC, of Rock Hill, for Respondents. Tracy Thompson Vann of Nexsen Pruet, LLC, of Charlotte, North Carolina, for Respondents. Rizon Commercial Contracting, Inc., Road Machinery and Supplies, Co. (collectively "Rizon") appeal the circuit court's order, which ruled that Rizon's mechanic's lien should be vacated, dismissed Rizon's counterclaim for foreclosure, and released the lis pendens. Rizon alleges the circuit court erred in (1) ordering the parties to submit the issue to the court for determination based on affidavits without allowing discovery, and (2) finding Rizon was not entitled to a mechanic's lien. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2013-000002 Carolina Refrigeration Services, Respondent,
v.
Claude L. Leitzsey, Sr., Claude L. Leitzsey, Jr., Lisa M. Leitzsey and Branch Banking and Trust Company, Defendants,
Of Whom Claude L. Leitzsey, Sr., Claude L. Leitzsey, Jr. and Lisa M. Leitzsey are Appellants. Gerald D. Jowers, of Columbia, for Appellants. Jean Perrin Derrick, of Lexington, for Respondent. In this appeal from the foreclosure of a mechanic's lien, Claude L. Leitzsey, Sr., Claude L. Leitzsey, Jr., and Lisa M. Leitzsey argue the circuit court erred in granting a default judgment against them pursuant to Rule 55, SCRCP, for failing to answer Carolina Refrigeration Services' summons and complaint. |
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Thursday, September 11, 2014 | |
Courtroom I
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09:30 a.m. | (Time Limits: 10-10-5) |
2008-107206 5 Star, Inc., Respondent,
v.
Ford Motor Company, Appellant. Curtis Lyman Ott of Gallivan, White & Boyd, PA, of Columbia, for Appellant. C. Mitchell Brown, William C. Wood, Jr., and Michael J. Anzelmo, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Carmelo Barone Sammataro and David Christopher Marshall, both of Turner Padget Graham & Laney, PA, of Columbia, for Appellant. Thomas R. Goldstein of Belk Cobb Infinger & Goldstein, PA, of North Charleston, for Respondent. 5 Star, Inc. brought a negligent design products liability action against Ford Motor Company, and the Court of Appeals reversed a jury verdict based on the trial court's failure to direct a verdict for Ford. On remand from the Supreme Court, the Court of Appeals addresses the merits of Ford's remaining assignments of error: (1) spoliation of evidence, (2) improper measure of damages for lost profits, (3) the denial of Ford's motion for a mistrial, and (4) Ford's claim that the truck was not in essentially the same condition as when it left Ford's control. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-212340 The State, Respondent,
v.
Keeon Butler, Appellant. Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent. Keeon Butler appeals his conviction for threatening the life of a public official, arguing the trial court erred in ruling a corporal of the Department of Corrections was a public official and not a public employee within the meaning of section 16-3-1040(A) of the South Carolina Code (2003). |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-213261 The State, Respondent,
v.
Ralph B. Hayes, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Kaycie Smith Timmons, all of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Ralph B. Hayes appeals his convictions for murder and possession of a weapon during the commission of a violent crime, arguing the trial judge should have directed a verdict of acquittal because the evidence presented by the State established only that Hayes knew about the murder and failed to report it. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000514 Quentin S. Broom, Jr., Respondent,
v.
Ten State Street, LLP, Timothy D. Scranton, Mark Broadwater, and H. Hugh Andrews, Defendants,
Of whom H. Hugh Andrews, Individually and on behalf of Tri-Star Communications, Inc., is the Appellant,
v.
Quentin S. Broom, Jr., Third-party Defendant. John S. Nichols and Blake Alexander Hewitt, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. Rodney F. Pillsbury of Pillsbury & Read, P.A., of Greenville, for Appellant. James R. Gilreath of The Gilreath Law Firm, PA, of Greenville, for Respondent. Patrick E. Knie of Patrick E. Knie, PA, of Spartanburg, for Respondent. Susan Foxworth Campbell, of McGowan Hood & Felder, LLC, of Georgetown, for Respondent. Whitney Boykin Harrison, of McGowan Hood & Felder, LLC, of Columbia, for Respondent. This is an appeal from the trial court order dismissing H. Hugh Andrew's amended complaint pursuant to Rule 12(b)(6), SCRCP. The trial court found Andrews failure to comply with the requirements of Rule 23, SCRCP, was grounds for dismissal because his claims were derivative. Andrew now asserts that the trial court erred in finding Rule 23, SCRCP applied to all his claims because he asserted several claims individually; however, Andrew contends that even if all his claims are derivative, he should not be required to follow the procedures set forth in Rule 23, SCRCP. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-000504 Galen E. Burdeshaw, Appellant,
v.
Jennifer Marie Burdeshaw, Respondent. Adam Fisher, Jr. of The Fisher Law Firm, of Greenville, for Appellant. Gwendolynn Wamble Barrett of Barret Mackenzie, LLC, of Greenville, for Respondent. Wallace A. Mullinax, Jr. of Horton Drawdy Ward Mullinax & Farry, PA, of Greenville, for Guardian Ad Litem. Galen E. Burdeshaw appeals the family court's finding of contempt, arguing the family court erred by: (1) finding his manner of packaging his wife's possessions violated the temporary order; (2) finding his wife proved by clear and convincing evidence he violated the temporary order; (3) not allowing him to conduct cross-examination of the affiants; and (4) not dismissing his wife's rule to show cause because there was no transcript of the contempt hearing. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2012-212555 The State, Respondent,
v.
Bobbie Albert McCann, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Bobbie Albert McCann appeals his convictions in Pickens County Circuit Court for two counts of criminal sexual conduct with a minor in the first degree and committing a lewd act upon a child. McCann argues the circuit court erred in overruling his objection to expert testimony under Rules 702 and 703 SCRE, as the expert admitted she had limited knowledge of the case and the unduly prejudicial nature of her testimony outweighed any alleged probative value. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2011-202772 Antonio Glover, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Walter Whitmire, both of Columbia, for Respondent. This is a belated appeal pursuant to White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974), in which Antonio Glover argues the trial court erred by: (1) finding his seizure was not in violation of his Fourth Amendment rights, (2) denying his suppression motion, and (3) declining his motion to remove two jurors. Glover contends his convictions should be reversed on these grounds. |
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Monday, September 29, 2014 | |
Courtroom I
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10:00 a.m. | |
2014-000774 Naert and DuBois, LLC, Appellant,
In the Matter of:
Anonymous Companies,
v.
South Carolina Department of Labor, Licensing and Regulation, and South Carolina Board of Real Estate Commission. Joseph DuBois and Zachary Steven Naert, both of Naert and DuBois, LLC, of Hilton Head Island, for Appellant. James Emerson Smith, Jr. of James E. Smith Jr., PA, of Columbia, for Respondent Anonymous Companies. Nekki Shutt, Kathleen McColl McDaniel, and Jacqueline Marie Pavlicek, all of Callison Tighe & Robinson, LLC, of Columbia, for Respondent Anonymous Companies. Melina Mann, of Columbia, for Respondents SCDLLR and South Carolina Board of Real Estate Commission. Darra James Coleman, of Columbia, for Respondent SCDLLR and Respondent South Carolina Board of Real Estate Commission.
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Tuesday, September 9, 2014 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-213300 The State, Respondent,
v.
Patrick Lowrance, Appellant. Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent. In this criminal appeal, Patrick Lowrance argues the trial court erred in refusing to grant a directed verdict to the charge of possession of a stolen vehicle because the State failed to sustain its evidentiary burden. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-213531 CACH, LLC, Respondent,
v.
Toby Hoffman, Jr., a/k/a Carl W. Hoffman, Jr., Appellant. John D. Elliott of Law Offices of J. Elliott, of Columbia, for Appellant. Edward H. Overcash, Jr., of Law Offices of Ed Overcash, LLC, of Greenville, for Respondent. Manuel H. Newburger, of Barron & Newburger, P.C., of Austin, Texas, for Respondent. In this debt collection action, Appellant Toby Hoffman, Jr., appeals the circuit court's order granting judgment in favor of Respondent CACH, LLC, a debt collector that allegedly had been assigned two outstanding debts owed by Hoffman. Hoffman maintains CACH did not meet its burden of proof in presenting its claims of debt against him because CACH did not demonstrate that it had been assigned the debts in question and the evidence introduced by CACH to prove its case was inadmissible hearsay. Hoffman also contends CACH's failure to disclose its principal witness through discovery required the exclusion of this witness. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-213334 The State, Respondent,
v.
Sarah Denise Cardwell, Appellant. Appellate Defender Benjamin John Tripp, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Sarah D. Cardwell appeals her conviction for two counts of unlawful conduct towards a child and two counts of sexual exploitation of a minor, first degree. She argues that the trial court erred in refusing to suppress her laptop computer and a video seized from her laptop without a search warrant. Cardwell contends that law enforcement instructed the computer technician to locate the image, play the video, copy the video to a disc, and to provide the video to another law enforcement officer, who also watched the video prior to obtaining a search warrant. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-213368 The State, Respondent,
v.
Michael Lee Cardwell, Appellant. Melissa Ashley Fried, of Altman & Coker, LLC, of Charleston, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Michael Lee Cardwell appeals his conviction for two counts of unlawful conduct towards a child and two counts of sexual exploitation of a minor, first degree. He argues that the trial court erred in refusing to suppress his co-defendant's laptop computer and a video seized from her laptop without a search warrant. Cardwell contends that law enforcement instructed the computer technician to locate the image, play the video, copy the video to a disc, and to provide the video to another law enforcement officer, who also watched the video prior to obtaining a search warrant. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2012-213062 The State, Respondent,
v.
Christopher Paul Mahaffey, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mary Shannon Williams, both of Columbia, for Respondent. Appellant Christopher Mahaffey seeks review of his convictions for first degree burglary, larceny, possession of crack cocaine, and possession of oxycodone. Mahaffey argues the trial court erred in denying his motion to sever the drug charges from the burglary and larceny charges because joinder of the charges resulted in the admission of character evidence that otherwise would have inadmissible. Mahaffey also challenges the trial court's refusal to instruct the jury on the lesser-included offense of second degree burglary. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2012-212598 Desiree Gabriel Brown, Respondent,
v.
Wendell Brown, Appellant. Wendell Brown, pro se, for Appellant. David Christopher Shea, of Shea and Barron, of Columbia, for Respondent. In this appeal from the family court, Wendell Brown argues the family court erred in (1) finding him in contempt because the order did not comply with Rule 26(a), SCRFC; (2) finding him in contempt because the family court orders were ambiguous and contradictory; (3) finding him in contempt because the family court did not consider his ability to pay; (4) interpreting a provision of the final divorce decree; and (5) ordering him to pay Desiree Brown attorney's fees. |
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Wednesday, September 10, 2014 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-189771 Jeremiah Dicapua, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, of Columbia, for Petitioner. Appellate Defender Robert M. Pachak, of Columbia, for Respondent. In this action for Post-Conviction Relief ("PCR"), the State appeals the PCR court's grant of Jeremiah Dicapua's request for relief, arguing Dicapua's counsel's failure to object to the admission of a videotape at trial was not improper and did not prejudice Dicapua. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000148 The State, Appellant,
v.
Graham Franklin Douglas, Respondent. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia, for Appellant. Solicitor Ernest Adolphus Finney, III of Sumter, for Appellant. S. Jahue Moore, Michael Brooks Biediger, and Margaret Amelia Hazel, all of Moore Taylor Law Firm, P.A., of West Columbia, for Respondent. The State appeals from an order granting Respondent Graham Douglas immunity from prosecution for murder under the Protection of Persons and Property Act, arguing the circuit court abused its discretion in relying on improper evidence of the victim's character. The State also challenges the circuit court's assessment of evidence of the victim's intoxication. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000209 V.E. Amick & Associates, LLC, Respondent,
v.
James L. Cooper, Jr.; Pamela C. Cooper; Palmetto Environmental Group, Inc; and Ecological Resources, Inc. Appellants. Richard R. Gleissner of Gleissner Law Firm, LLC, of Columbia, for Appellants. Wesley Dickinson Peel and Matthew Hydrick Stabler, both of Bruner Powell Wall & Mullins, LLC of Columbia, for Respondent. James L. Cooper, Jr., Pamela C. Cooper, Palmetto Environmental Group, Inc., and Ecological Resources, Inc. (collectively Appellants) seek review of the trial court's orders striking Appellants' affirmative defenses of (1) unclean hands, (2) failure to obtain condition precedent, and (3) intentional interference with contractual relationships and prospective business relationship, which is also designated as a counterclaim. Appellants argue that the trial court erred in: (1) using the incorrect standard in evaluating Respondent's motion to strike by adopting Respondent's allegations and not Appellants' allegations; and (2) finding that Appellants' affirmative defense of unclean hands was barred pursuant to res judicata. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-000344 Jane Srivastava, Appellant,
v.
Ravindra Srivastava, Respondent. Jane Srivastava, pro se, for Appellant. H. Fred Kuhn, Jr. of Moss Kuhn & Fleming, PA, of Beaufort, for Respondent. In this divorce action, Jane Srivastava (Wife) appeals the family court's Order and Decree of Divorce. Wife argues the family court erred in: (1) not imputing income to Ravindra Srivastava (Husband) and adhering to the Child Support Guidelines in its child support determination; (2) giving credit to Husband for child support payments; (3) awarding Husband attorney's fees; (4) not awarding Wife attorney's fees; (5) equitably dividing the marital property; (6) finding Husband did not condone Wife's adultery; (7) denying Wife alimony; and (8) failing to render an impartial and non-biased decision. |
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Cases to be Submitted Without Oral Argument | |
2013-001058 |
The State, Respondent,
v.
Joseph Dante Satterwhite, Appellant.
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2012-212173 |
Dwayne Housey, Petitioner,
v.
State of South Carolina, Respondent.
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2012-212090 |
DeRoyick Montgomery, Petitioner,
v.
State of South Carolina, Respondent.
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2013-000098 |
The State, Respondent,
v.
William R. Pearson, Appellant.
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2012-206627 |
The State, Respondent,
v.
Harry Anthony, Appellant.
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2013-001399 |
Matthew S. Harris, #157334, Apopellant,
v.
South Carolina Departent of Probation, Parole and Pardon Services, Respondent.
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2012-208026 |
Wiley Post James, Petitioner,
v.
State of South Carolina, Respondent.
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2013-002277 |
Michael Goins, #302385, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2013-001101 |
City of Beaufort, Respondent,
v.
Joseph C. Sun, Appellant.
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2013-001137 |
The State, Respondent,
v.
Roy Donell Moore, Appellant.
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2012-207627 |
Stanley Bradley, Petitioner,
v.
State of South Carolina, Respondent.
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2013-001286 |
Joseph M. Bettelli, Jr. and Susan B. Bettelli, Appellants,
v.
Town of Awendaw Board of Zoning Appeals and Berkeley Electric Cooperative, Respondents.
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2012-213558 |
SCBT, N. A., Respondent,
v.
Sand Dollar 31, LLC, and Rhonda Meisner,
of whom Rhonda Meisner is Appellant.
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2013-000407 |
Alan Sheppard, Appellant,
v.
William O. Higgins, Russell Bennett, Ronald C. Owens, Charles P. Darby, Lynn McCants and Kiawah Resort Associates, L.P., Defendants,
Of whom Russell Bennett, Ronald C. Owens, Charles P. Darby, Lynn McCants and Kiawah Resort Associates, L.P., are the Respondents.
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2012-213144 |
The State, Respondent,
v.
Douglas J. Mayes, Appellant.
|
2012-211269 |
Nancy E. VonCannon, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001139 |
The State of South Carolina, Respondent,
v.
Fred Cole, Jr. Apellant.
|
2012-213222 |
The State, Respondent
v.
Jody Lynn Ward, Appellant.
|
2013-001055 |
Michael Biondo, Appellant,
v.
Crystal Russell, Respondent.
|
2012-209532 |
Brian Powell, Petitioner,
v.
State of South Carolina, Respondent.
|
2011-190826 |
Donald C. Brevard, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001933 |
Jeremy Greene, Appellant,
v.
Medical University of South Carolina, Respondent.
|
2013-001681 |
The State, Respondent,
v.
Rudolph Isreal Edwards, Appellant.
|
2013-000522 |
The State, Respondent,
v.
Russell Edward Nix, Appellant.
|
2012-211391 |
Jerod Juan Cook, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213552 |
The State, Respondent,
v.
Braquette Wykina Walton, Appellant.
|
2012-207147 |
Cecil Allen Simmons, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-208012 |
Kenneth L. Young, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000549 |
In re: Estate of Samuel D. Stroman, Decedent.
Jamileh S.D. Stroman and Synthia D. Stroman, Respondents,
v.
Samuel D. Stroman, II and Sherolyn D. Stroman, Defendants,
Of whom Samuel D. Stroman, II is the Appellant.
|
2013-000531 |
In the Matter of the Care and Treatment of William J. Wilde, Appellant.
|
2012-209537 |
John P. Hendrix, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212300 |
Alfred Redwine, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-207626 |
Archie Hoover, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213323 |
Adrian Franklin, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213499 |
John Doe, Appellant,
v.
City of Duncan, Respondent.
|
2012-212391 |
The State, Respondent,
v.
Donnie Roland Thigpen, Appellant.
|
2013-001064 |
Patrick Bowie, Respondent,
v.
Woodbine Estates, LLC, Appellant.
|
2013-000281 |
The State, Respondent,
v.
John Bonner, Appellant.
|
2013-001648 |
The State, Respondent,
v.
Johnny Longworth, Appellant.
|
2013-001209 |
The State, Respondent,
v.
John D. Garvin, Appellant.
|