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September 2017 |
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.
Tuesday, September 19, 2017 | |
Courtroom I
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-000222 Angel Y. Gary as Personal Representative of the Estate of Blondell M. Gary, Respondent,
v.
Lowcountry Medical Transport, Inc., American Medical Response, Inc., d/b/a Access2Care, and Eugene A. Kirkland, In re: Charles Gary, Purported Surviving Spouse, Defendants,
Of whom Charles Gary, Purported Surviving Spouse, is the Appellant. Joseph Dawson, III, of North Charleston, for Appellant. Richard Alexander Murdaugh and Austin Howell Crosby, both of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Respondent. Bert Glenn Utsey, III, of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Walterboro, for Respondent. In this action Charles Gary (Appellant) asserts the circuit court erred in determining he was not Blondell Gary's husband at the time of her death and not an heir to her estate. Appellant asserts the estate should be estopped from taking a position contradictory to its pleadings in previous cases. |
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Wednesday, September 20, 2017 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2016-000028 JP Morgan Chase Bank, National Association, Appellant,
v.
Delilah Starr Acheson a/k/a Delilah S. Acheson a/k/a Starr D. Acheson, individually, as Legal Heir and Personal Representative of the Estate of Joseph L. Acheson a/k/a Joseph Lynn Acheson, Sr., Deceased, Amber Mae Acheson Reed, Joseph Lynn Acheson, Jr., Jacob Lee Acheson, and Daniel Alexander Acheson, as Legal Heirs or Devisees of the Estate of Joseph L. Acheson a/k/a Joseph Lynn Acheson, Sr., Deceased, Ronald Lee Dowell, Ruth C. Dowell, and Charleston County Revenue Collections, Defendants,
Of whom Delilah Starr Acheson a/k/a Delilah S. Acheson a/k/a Starrr D. Acheson, individually, as Legal Heir and Personal Representative of the Estate of Joseph L. Acheson a/ka/ Joseph Lynn Acheson, Sr., Deceased, Amber Mae Acheson Reed, Joseph Lynn Acheson, Jr., Jacob Lee Acheson, and Daniel Alexander Acheson, as Legal Heirs or Devisees of the Estate of Joseph L. Acheson a/k/a Joseph Lynn Acheson, Sr., Deceased, Ronald Lee Dowell, and Ruth C. Dowell are the Respondents. Michael J. Anzelmo of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Alice F. Paylor of Rosen Rosen & Hagood, LLC, of Charleston, for Respondents. In this foreclosure action, Bank appeals the circuit court's grant of summary judgment to Property Owner, arguing the circuit court erred in finding Bank was prohibited from foreclosing on the property due to unclean hands. |
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1:30 p.m. | (Time Limits: 10-10-5) |
2015-001463 Clair Craver Johnson, Appellant,
v.
John Roberts, M.D., Respondent.
And
Clair Craver Johnson, Appellant,
v.
Medical University of South Carolina, Respondent. Bradley Lewis Lanford and Jon B. Asbill, both of Baker Ravenel & Bender, LLP, of Columbia, for Appellant. William Peele Early of Pierce, Herns, Sloan & Wilson, LLC, of Charleston, for Respondent Medical University of South Carolina. Stephen Lynwood Brown, Donald Jay Davis, Jr., Russell Grainger Hines, and James Edward Scott, IV, all of Young Clement Rivers, of Charleston, for Respondent John Roberts, M.D. In this action Clair Craver Johnson appeals the circuit court's entry of summary judgment in favor of John Roberts, M.D. and the Medical University of South Carolina (MUSC) (collectively Respondents). Johnson asserts the circuit court erred in finding her claims were time barred by the statute of repose applicable to medical malpractice claims. |
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Wednesday, September 27, 2017 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-002505 John Faubert, Employee, Respondent,
v.
University of SC Apprentice Students, Employer, and State Accident Fund, Carrier, Appellants. Temus C. Miles, Jr. of McKay Cauthen Settana & Stubley, PA, of Columbia, for Appellants. Zandra L. Johnson of The Z Firm, LLC, of Greenville, for Respondent. In this workers' compensation case, the University of South Carolina Apprentice Students and State Accident Fund appeal the order of the Appellate Panel allowing Faubert to combine wages to calculate his average weekly wage. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-000734 Brian Morin, Respondent,
v.
Innegrity, LLC, Appellant. Sarah Day Hurley of Turner Padget Graham & Laney, PA, of Greenville, for Appellant. Adam Crittenden Bach and Robert Hudson Smith, both of Eller Tonnsen Bach, of Greenville, for Respondent. Innegrity, LLC (Innegrity), appeals the trial court's denial of Innegrity's Rule 60(b), SCRCP, motion for new trial. This court granted Innegrity's request to motion the trial court for a new trial while Innegrity's original appeal was pending. In that initial appeal, Innegrity argues the trial court erred by (1) excluding portions of Respondent Brian Morin's deposition; (2) denying Innegrity's motion for judgment notwithstanding verdict (JNOV) due to (a) impossibility, (b) the erroneous award of "back pay" to Morin, (c) equitable estoppel, and (d) a speculative damages award; and (3) awarding Morin treble damages. |
Tuesday, September 19, 2017 | |
Courtroom II
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2:00 p.m. | (Time Limits: 10-10-5) |
2015-000806 Ard Trucking Company, Respondent,
v.
Travelers Property Casualty Company of America d/b/a The Travelers Indemnity Company of Illinois, Appellant. M. Dawes Cooke, Jr. and Phillip S. Ferderigos, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Appellant. Martin S. Driggers, Sr., of Driggers & Moyd, of Hartsville, for Respondent. Travelers Property Casualty Company of America (Travelers) appeals the circuit court's grant of summary judgment in favor of Ard Trucking Company (Ard Trucking), arguing the court erred in finding a Loss Sensitive Rate Plan (LSRP) did not apply to the insurance policy issued by Travelers to Ard Trucking because (1) Ard Trucking agreed to be bound by a Workers' Compensation Insurance Plan, which required the LSRP to apply to Ard Trucking's assigned risk policy; (2) Ard Trucking, through its producer, had knowledge the LSRP applied to its policy; and (3) the circuit court's prejudgment interest award was in error. |
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Wednesday, September 20, 2017 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-002254 The State, Respondent,
v.
Brad Bernard Dawkins, Appellant. Miller W. Shealy, Jr. of Miller Shealy Law Firm, of Charleston, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Vann Henry Gunter, Jr., both of Columbia, for Respondent. Solicitor David Matthew Stumbo, of Greenwood, for Respondent. Appellant Brad Bernard Dawkins appeals his convictions for lewd act upon a minor and criminal sexual conduct with a minor, arguing the trial court erred by (1) refusing to charge the jury on the lesser-included offense of assault and battery of a high and aggravated nature, (2) refusing to grant his motion for a directed verdict based on the State's failure to establish the county in which the alleged offenses occurred, and (3) allowing the State to present improper comments during its closing argument. |
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1:00 p.m. | (Time Limits: 10-10-5) |
2015-000604 The State, Appellant,
v.
Tami Baker Sisler, Respondent. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Appellant. Solicitor Kevin Scott Brackett, of York, for Appellant. Edward L. Phipps of Phipps Law Firm, LLC, of Charleston, for Respondent. The State of South Carolina appeals the circuit court's order affirming the magistrate court's dismissal of Tami Baker Sisler's charges for driving under the influence (DUI) and child endangerment, arguing the magistrate court erred in dismissing the charges based on its finding there was no probable cause for a traffic stop. Specifically, the State asserts (1) the magistrate court improperly considered Deputy Chris Haire's subjective intentions rather than the objective totality of the circumstances; (2) Deputy Haire had probable cause to stop Sisler based on the fact she crossed the center lane line; and (3) if Deputy Haire did not conduct a traffic stop, no reasonable person would have felt this encounter constituted a seizure within the meaning of the Fourth Amendment. |
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Cases to be Submitted Without Oral Argument | |
2015-001754 |
James Chaffin and Marietta Chaffin, Appellants,
v.
Richland County Sheriff's Department, Deputy Brian Metz, Investigator Roy Livingston, Tallie and Devra Lackey, Individually and as the parents to minor Miranda G., Respondents.
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2016-001290 |
Anthony Williams, Jr. #285056, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2016-001978 |
The State, Respondent,
v.
John Cleveland, Jr., Appellant
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2015-002200 |
Andre Wallace, Petitioner,
v.
State of South Carolina, Respondent.
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2016-000355 |
The State, Respondent,
v.
Joseph Michael Manners, Appellant.
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2016-000324 |
The State, Respondent,
v.
Jonathon Alexander Phillips, Appellant.
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2015-002374 |
Randy Lamont Mitchell, Petitioner,
v.
State of South Carolina, Respondent.
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2016-002018 |
Fred S. Davis, Appellant,
v.
Mark Keel, Director, South Carolina Law Enforcement Division (SLED) and the State of South Carolina, Respondents.
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2015-002526 |
Ronald Smith, #347780, Petitioner,
v.
State of South Carolina, Respondent.
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2015-002327 |
Yorel Williams, Petitioner,
v.
State of South Carolina, Respondent.
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2015-002204 |
Dennis F. Sanders, Petitioner,
v.
State of South Carolina, Respondent.
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2015-001147 |
The State, Respondent,
v.
Brent Christopher McLaurin, Appellant.
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2015-002645 |
The State, Respondent,
v.
Arthuro Rios Torres, Appellant.
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2015-002595 |
The State, Respondent,
v.
Devionne Devaughn McClain, Appellant.
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2015-002289 |
Patricia E. King and Robbie King Jones, as representatives of W.R. King and Ellen King, Plaintiffs,
Of Whom Patricia E. King is the Appellant,
v.
Margie B. King and Robbie Patricia Ione King, individually and as co-personal representatives of the Estate of Christopher C. King, deceased and Nelson M. King, Respondents.
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2016-001552 |
The State, Respondent,
v.
Cathy Dawn Skates, Appellant.
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2015-002513 |
Dyzshon R. Boykins, Petitioner-Respondent,
v.
State of South Carolina, Respondent-Petitioner.
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2015-001752 |
Emily Nichols Felder, Executor of the Estate of Mamie F. Nichols, Appellant,
v.
Albert Napoleon Thompson, Jr., Al Thaddeus Thompson, Titus Sherod Thompson, Asia Rachal Thompson, Respondents.
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2016-000644 |
The State, Respondent,
v.
Sara Elizabeth Hodson, Appellant.
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2015-002398 |
David Vice, Petitioner,
v.
The State, Respondent.
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2015-000002 |
The Callawassie Island Members Club, Inc., Respondent,
v.
Michael J. Frey and Grace I. Frey, Defendants,
Of whom Michael J. Frey is the Appellant.
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2016-000836 |
The State, Respondent,
v.
Antwan Adams, Appellant.
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2016-001513 |
The State, Respondent,
v.
Janoblin Maurice Bracy-Brown, Appellant.
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2016-001677 |
Clifford L. Judge, Appellant,
v.
Mark Keel, Director, South Carolina Law Enforcement Division (SLED) and the State of South Carolina, Respondents.
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2015-002286 |
Clark Thomas aka George Keith Nichols, #187845,
v.
State of South Carolina, Respondent.
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2016-000154 |
The State, Respondent,
v.
Detrick L. Stenhouse, Appellant.
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2016-001297 |
Anthony Williams, Jr. #285056, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2016-001624 |
The State, Respondent,
v.
Daniel Glen Hieronymus, Appellant.
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2015-002180 |
Keith Gadsden, Petitioner,
v.
State of South Carolina, Respondent.
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2015-002280 |
Donnie R. Thigpen, Petitioner,
v.
State of South Carolina, Respondent.
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2015-002421 |
Willie Ritter, Petitioner,
v.
State of South Carolina, Respondent.
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2015-002511 |
Lemonde C. Holland, Petitioner,
v.
State of South Carolina, Respondent.
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2016-001813 |
The State, Respondent,
v.
Samantha Rose Bills, Appellant.
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2015-001004 |
Antonio Gordon, Appellant,
v.
State of South Carolina, Respondent.
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2016-001276 |
The State, Respondent,
v.
Calvin Terrell Williams, Appellant.
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2016-000908 |
The State, Respondent,
v.
Adrian Laron Jenkins, Appellant.
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2016-000291 |
The State, Respondent,
v.
Kendrick Lamont Mims, Appellant.
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2015-001210 |
Archie Howell, Respondent,
v.
Christopher Chabot, Appellant.
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2015-002557 |
The State, Respondent,
v.
Brandon Joseph Berry, Appellant.
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2015-002056 |
Edward Spears, Appellant,
v.
South Carolina Department of Employment and Workforce, Respondent.
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2016-000683 |
The State, Respondent,
v.
Terry Cooper, Appellant.
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2015-002122 |
In the Matter of the Care and Treatment of Keith Fitzgerald Burris, Appellant.
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2016-000608 |
The State, Respondent,
v.
Timothy Wayne Johnson, Appellant.
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2016-000314 |
The State, Respondent,
v.
Leo Abney, Appellant.
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2015-002205 |
Dennis F. Sanders, Petitioner,
v.
State of South Carolina, Respondent.
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2016-002277 |
The State, Respondent,
v.
Lexie Edward Hoover, Appellant.
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2015-002429 |
Vondell Malachi, Petitioner,
v.
State of South Carolina, Respondent.
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2015-000569 |
The State, Respondent,
v.
Bryant McKnight, Appellant.
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2016-000044 |
The State, Respondent,
v.
James Bryson Munn, Appellant.
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2016-000875 |
The State, Appellant,
v.
Sean Robert Kelly, Respondent.
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2015-000001 |
The Callawassie Island Members Club, Inc., Respondent,
v.
Gregory L. Martin and Rebecca L. Martin, Defendants,
and
The Callawassie Island Members Club, Inc., Respondent,
v.
Michael J. Frey and Grace I. Frey, Defendants,
and
The Callawassie Island Members Club, Inc., Respondent,
v.
Mark K. Quinn and Sherry B. Quinn, Defendants,
Of Whom Gregory L. Martin, Michael J. Frey, and Mark K. Quinn are the Appellants.
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2015-002121 |
The State, Respondent,
v.
Joseph Umphlett, Appellant.
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2016-000085 |
Joan Fancy, Respondent,
v.
Howard Fancy, Appellant.
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2016-001578 |
The State, Respondent,
v.
Janice L. Kilgore, Appellant.
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2015-002575 |
Johnny Tucker, Employee, Appellant,
v.
SC Department of Transportation, Employer, and State Accident Fund, Carrier, Respondents.
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2016-001489 |
The State, Respondent,
v.
Michel Lee Mateo, Appellant.
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2015-002328 |
Eli James Torrence, Petitioner,
v.
State of South Carolina, Respondent.
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2016-000939 |
James William McKinney, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2015-000003 |
The Callawassie Island Members Club, Inc., Respondent,
v.
Mark K. Quinn and Sherry B. Quinn, Defendants,
Of whom Mark K. Quinn is the Appellant.
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2016-001949 |
The State, Respondent,
v.
Rashad Corneal Brisbon, Appellant.
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2015-002241 |
In the Matter of the Care and Treatment of Timothy Groves Oxendine, Appellant.
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2013-002379 |
Ronald Coulter #300410, Appellant,
v.
State of South Carolina, Respondent.
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2015-002191 |
Robert Watkins, Petitioner,
v.
State of South Carolina, Respondent.
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2015-002655 |
Travis Lamar Teasley, Petitioner,
v.
State of South Carolina, Respondent.
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2016-000041 |
Mary Wiggins, as Personal Representative of Kelvin Marquise Wiggins, Appellant,
v.
Enterprise Leasing Company-SouthEast, LLC, Respondent.
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2015-002372 |
Rahiem Kirkman, Petitioner,
v.
State of South Carolina, Respondent.
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2016-000001 |
Arteasa Maurice Whitlock, Petitioner,
v.
State of South Carolina, Respondent.
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