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September 2019 |
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 10, 2019 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2017-000885 Robert Bauckman, Respondent,
v.
Jennifer McLeod, Appellant. John Eagle Miles, Sr. of John E. Miles, Sr., Attorney at Law, of Sumter, for Appellant. Everett Joseph Mercer, of Sumter, for Appellant. Richard Thomas Jones of Jones Seth & Jones, LLP, of Sumter, for Respondent. In this action to determine child support arrearages, Jennifer McLeod ("Mother") challenges the family court's final order, arguing the family court erred in 1) reducing the amount of child support arrearages owed by Robert Bauckman ("Father"); 2) failing to award judgment interest on the arrearage amount; 3) failing to modify Father's current support obligation; and 4) awarding attorney's fees and costs to Father. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-000994 Rajinder Parmar, Respondent,
v.
Balbir S. Minhas, Midlands Gastroenterology, PC, and Midlands Endoscopy Center, LLC, Appellants. Robert L. Widener of Burr & Forman, LLP, of Columbia, for Appellants. Edward Wade Mullins, III, of Bruner Powell Wall & Mullins, LLC, of Columbia, for Respondent. Balbir S. Minhas, Midlands Gastroenterology, PC, and Midlands Endoscopy Center, LLC (Appellants), appeal the circuit court's order granting Rajinder Parmar's motion to confirm an arbitration award. Appellants argue the circuit court erred in (1) failing to find a shareholder's agreement precluded Parmar from recovery; (2) compelling arbitration; (3) failing to vacate the arbitrator's award; (4) failing to reduce the arbitrator's award to avoid double recovery; (5) awarding prejudgment interest; and (6) failing to find the arbitrator's award was not timely issued. |
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Wednesday, September 11, 2019 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2017-000482 The State, Respondent,
v.
Brian Willie Lewis, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Laura Ruth Baer of Collins & Lacy, PC, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. In this appeal from convictions for armed robbery, possession of a weapon during the commission of a violent crime, conspiracy, and resisting arrest, Brian Lewis asserts the trial court erred in (1) including "searching for the truth" language in its reasonable doubt charge, (2) declining to charge his requested jury instructions on identification and credibility, and (3) admitting his out-of-court statements because they were not knowingly, intelligently and voluntarily made. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2017-000725 Mitzi S. Turner, Respondent,
v.
Richard Charles Thomas and John Doe, Defendants,
v.
Charles Louis Garrard, Jr., Third Party Respondent,
Of whom Richard Charles Thomas is the Appellant. Bruce Wyche Bannister and Luke Anthony Burke, both of Bannister, Wyatt & Stalvey, LLC, of Greenville, for Appellant. Kirby Rakes Mitchell of S.C. Legal Services, of Greenville, for Respondent Charles Louis Garrard, Jr. Robert M. Rosenfeld of Robert M. Rosenfeld, Attorney-at Law, of Greenville, for Respondent Charles Louis Garrard, Jr. Mitzi S. Turner, of Seneca, pro se Respondent. Lisa Richardson Mobley, of Greenville, for Guardian ad Litem.
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-000679 Tammy Taylor, Appellant,
v.
April Springs, Angela Berry, A B Country Kitchen a/k/a A&B Country Kitchen, Respondents. Marcus LeFond Woodson of The Woodson Law Firm, LLC, of Marion, for Appellant. Alan Lenneau Berry, Jr. of Law Office of Alan L. Berry, Jr., LLC, of Latta, for Respondents. Tammy Taylor argues the circuit court erred in dismissing her personal injury case on the ground that A B Country Kitchen is not a legal entity because A B Country Kitchen is bound by its admission in its answer that it is a business entity. |
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2:00 p.m. | (Time Limits: 10-10-5) |
2017-001587 Melissa Jones, Appellant,
v.
Murray Keith Jones, Respondent. Cheryl Turner Hopkins of Law Office of Cheryl Turner Hopkins, of Florence, for Appellant., Amy Kristan Raffaldt, of Myrtle Beach, for Appellant. Janet Dawn Altman Paschal of Curry & Paschal Law Firm, P.A., of Dillon, for Respondent. Everett Joseph Mercer, of Sumter, for Respondent. This appeal arises from the divorce of Melissa Jones (Wife) and Murray Jones (Husband). Wife appeals the family court's final order, arguing the family court erred in: (1) awarding custody of their daughter (Daughter) to Husband, and in so doing, making factual determinations that lacked evidentiary support; (2) failing to admit Husband's medical records; (3) setting the visitation schedule; (4) not addressing the dependent tax exemption; (5) calculating Wife's child support obligation; and (6) failing to award Wife custody or visitation of Husband's minor son (Husband's Son) from a previous relationship |
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2:40 p.m. | |
2016-000242 Michael Elders, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Taylor Davis Gilliam, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Taylor Zane Smith, both of Columbia, for Respondent. In this appeal from a denial of post conviction relief (PCR), Petitioner argues the PCR court erred in finding trial counsel was not deficient in failing to object to certain testimony of two witnesses. |
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Thursday, September 12, 2019 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-001867 The State, Respondent,
v.
William Craig Caughman, Appellant. Appellate Defender Taylor Davis Gilliam, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. In this criminal appeal, William Craig Caughman appeals his conviction for hit-and-run resulting in death. On appeal, Caughman argues the circuit court erred by admitting evidence seized during the execution of a search warrant and by considering his alcohol consumption during the sentencing phase of his trial. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2017-001947 Rico Dorsey, Employee, Appellant,
v.
Allwaste Services, Inc., Employer, and Bridgefield Casualty Insurance c/o Summit Holding, Inc., Carrier, Respondents. Andrew Nathan Safran of Andrew N. Safran, LLC, of Columbia, for Appellant. Creighton B. Coleman of Coleman & Tolen, LLC, of Winnsboro, for Appellant. Blake A. Hewitt of Bluestein Thompson Sullivan LLC, of Columbia, for Appellant. Nicolas Lee Haigler and Jasmine Denise Smith, both of Robinson Gray Stepp & Laffitte, L,LC of Columbia, for Respondents. Rico Dorsey (Claimant) appeals the order of the Appellate Panel of the South Carolina Workers' Compensation Commission, arguing it erred in denying his request to leave the record open in order to admit two expert depositions scheduled after the hearing date. |
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Monday, September 16, 2019 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5-5) |
2016-002556 Russell Shane Carter, Respondent/Appellant,
v.
Bruce Bryant, as Representative for the Office of the York County Sheriff, Appellant/Respondent. Andrew F. Lindemann of Lindemann, Davis & Hughes, PA, of Columbia, for Appellant/Respondent. Robert David Garfield of Crowe LaFave, LLC, of Columbia, for Appellant/Respondent. Alexandre Thomas Postic of Law Offices of Alex Postic, of Columbia, for Respondent/Appellant. John Christopher Mills of J. Christopher Mills, LLC, of Columbia, for Respondent/Appellant. This cross-appeal arises from malicious prosecution and false arrest claims brought by Russell Shane Carter against Bruce Bryant as the representative of the York County Sheriff's Office (Bryant). On appeal, Bryant argues the trial court (1) erred in denying him sovereign immunity pursuant to section 15-78-60(23) of the South Carolina Code (2005) on Carter's claim for malicious prosecution; (2) erred in denying his motions for a directed verdict and a judgment notwithstanding the verdict (JNOV) on Carter's claim for malicious prosecution because Carter did not provide evidence that no probable cause existed to issue a warrant for his arrest; (3) erred in refusing to charge the jury with an instruction he requested on the degree of proof required to establish probable cause; and (4) abused its discretion in allowing Carter to claim $17,500 in criminal attorney's fees as damages when he only disclosed $5,000 of criminal attorney's fees during discovery. Carter argues the trial court erred in (1) excluding his expert witness's testimony because it lacked foundation, and (2) directing a verdict on his cause of action for false arrest because the arrest was based on a facially valid warrant. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2017-001111 The State, Respondent,
v.
Mack Seal Washington, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jonathan Scott Matthews, both of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Mack Seal Washington appeals his convictions of first-degree burglary, malicious injury to property, and obtaining goods by false pretenses, arguing the trial court erred in not suppressing certain statements made by law enforcement during an interrogation because they constituted improper opinion evidence and improperly shifted the burden of proof from the State to him. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-001817 Daniel Eric Knight, Respondent,
v.
Phillip Ray Causey, Appellant. Joseph DuRant Thompson, III, of Hall Booth Smith, PC of Mount Pleasant, for Appellant. Ian D. Maguire and P. Brooke Eaves Wright, both of Maguire Law Firm, of Myrtle Beach, for Respondent., Blake A. Hewitt of Bluestein Thompson Sullivan LLC, of Columbia, for Respondent. Philip Causey appeals the special referee's default judgment award of $3,489,206.14 in actual damages to Daniel Knight, arguing (1) the special referee erred in denying Causey's motions for a new trial because the judgment was grossly excessive, shocked the conscience, and was unsupported by admissible evidence; (2) the special referee erred in denying Causey's motion to alter or amend the judgment because the special referee awarded future damages for a surgery that had occurred by the time the judgment was entered; (3) Causey did not receive proper notice of the default damages hearing; (4) the special referee lacked jurisdiction to decide Causey's motion to set aside default and demand for a jury trial; (5) the special referee erred in failing to grant Causey's motion to set aside default and demand for a jury trial; (6) the special referee lacked the jurisdiction to hold a damages hearing because the referral of the case to the special referee was procedurally defective; (7) the special referee erred in denying Causey's motion for a new trial for failure of due process and bias of the special referee; and (8) the special referee erred in denying Causey's motion for relief from judgment pursuant to Rule 60(b), SCRCP. |
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Wednesday, September 18, 2019 | |
Courtroom I
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2:00 p.m. | (Time Limits: 10-10-5) |
2015-001860 Polly Thompson, Respondent,
v.
Cathy Swicegood, Appellant. John G. Reckenbeil of Law Office of John G. Reckenbeil, L.L.C., of Mauldin, for Appellant. J. Falkner Wilkes, of Greenville, for Appellant. Margaret A. Chamberlain of Chamberlain Law Firm, LLC, of Greenville, for Respondent. Melissa Hope Moore, of Fountain Inn, for Respondent.
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2:00 p.m. | (Time Limits: 10-10-5) |
2018-000008 Cathy J. Swicegood, Appellant,
v.
Polly A. Thompson, Respondent.
State Ex Rel Alan Wilson, Attorney General, Intervenor. John G. Reckenbeil of Law Office of John G. Reckenbeil, L.L.C., of Mauldin, for Appellant. J. Falkner Wilkes, of Greenville, for Appellant. Margaret A. Chamberlain of Chamberlain Law Firm, LLC, of Greenville, for Respondent. Melissa Hope Moore, of Fountain Inn, for Respondent. Attorney General Alan McCrory Wilson, Solicitor General Robert D. Cook, Deputy Solicitor General J. Emory Smith, Jr., and Assistant Attorney General Ian Parks Weschler, all of Columbia, for Intervenor State Ex Rel Alan Wilson, Attorney General.
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Thursday, September 19, 2019 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2017-001764 Chisolm Frampton, Employee, Appellant,
v.
S.C. Department of Natural Resources, Employer, and S.C. State Accident Fund, Carrier, Respondents. John C. Land, III, of Land Parker & Welch, PA, of Manning, for Appellant. Blake A. Hewitt of Bluestein Thompson Sullivan LLC, of Columbia, for Appellant. Kirsten Leslie Barr of Trask & Howell, LLC, of Mt. Pleasant, for Respondents. Chisolm Frampton (Claimant) appeals the order of the South Carolina workers' compensation commission's appellate panel reversing the single commissioner's order, arguing (1) the appellate panel erred in requiring Claimant to prove a compensable injury to his spine after liability had been admitted; and (2) the single commissioner erroneously used Claimant's post-injury return to work and subsequent promotions in determining his impairment rating. |
Cases to be Submitted Without Oral Argument | |
2017-001713 |
The State, Respondent,
v.
William Guy Shumpert, Appellant.
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2018-000519 |
Fitzgerald McDuffie, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000727 |
The State, Respondent,
v.
Tyrone Deangelo Fleming, Appellant.
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2018-000474 |
The State, Respondent,
v.
Tony Nevail Myers, Appellant.
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2017-001968 |
Davontay Darrell Henson, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000733 |
Anthony Heyward, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002000 |
Victor McCoy Weldon, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000153 |
William J. Palmer, III, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001334 |
In the Matter of the Care and Treatment of Tarl Bradford Rollings, Appellant.
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2018-000523 |
Craig Austin Livingston, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000053 |
Robbie Lee Bufkin, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2017-001778 |
Dayton C. Frinks, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2017-002624 |
The State, Respondent,
v.
Demarcus L. Robinson, Appellant.
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2017-000175 |
Christopher K. Maddaloni, Respondent,
v.
Jacqueline Pidanick, Appellant.
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2018-000522 |
Chadwick Cribb, Petitioner,
v.
State of South Carolina, Respondent.
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2016-001893 |
Christopher K. Maddaloni, Respondent,
v.
Jacqueline Pidanick, Appellant.
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2018-000614 |
Mitchell Hames, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002315 |
Marcus Addison, Petitioner,
v.
State of South Carolina, Respondent.
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2016-001554 |
The State, Respondent,
v.
Edward Terrell Chandler, Appellant.
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2018-000598 |
Charles Benjamin Proffitt, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2018-000558 |
Malcolm Cromedy, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000513 |
Larry Junior Coles, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000929 |
Christopher Martin, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000233 |
David Reagan, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002516 |
Jose Luna Cabarruvias, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000716 |
The State, Respondent,
v.
Joseph Chappell, Appellant.
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2018-000483 |
Michael Browning, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002005 |
Steven Randall Cobb, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000816 |
Curtis D. Richardson, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001971 |
Leonard Eugene Jenkins, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000477 |
Roderick Germaine Wynn, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000077 |
Travis Napoleon Davis, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000181 |
Brittany Lewis, Petitioner,
v.
State of South Carolina, Respondent.
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2016-002357 |
Dyeshawn Foster, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001741 |
Cesar O. Portillo, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001842 |
The State, Respondent,
v.
Marcus Antonio Mack, Appellant.
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2018-000961 |
Billy Roy Boyd, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002257 |
The State, Respondent,
v.
Rusty Antron Jones, Appellant.
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2018-000736 |
Latrone Butler, Petitioner,
v.
State of South Carolina, Respondent.
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2017-000825 |
The State, Respondent,
v.
Logan Drake Mundy, Appellant.
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2018-000078 |
Marcellous R. Clark, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001668 |
The State, Respondent,
v.
Chris Nathaniel Williams, Appellant.
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2018-000955 |
Kendal Sudduth, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002416 |
Dikeem Dargan, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001671 |
Lisa E. Crowe, Appellant,
v.
Fred's Stores of Tennessee, Inc. and NARA Properties, LLC, Defendants,
Of which Fred's Stores of Tennessee, Inc. is the Respondent.
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2018-000204 |
Nathaniel McMillian, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000052 |
David Scott Mooney, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000466 |
Timothy L. Frady, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002499 |
The State, Respondent,
v.
Henry Kevin Grant, Appellant.
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2017-001742 |
Juan Arroyo, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000694 |
Donnie Ray Gibson, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000998 |
Sasha D. Thomas, Petitioner,
v.
State of South Carolina, Respondent.
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2016-002049 |
Christopher K. Maddaloni, Respondent,
v.
Jacqueline Pidanick, Appellant.
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2017-001273 |
Alfred Guy Henson, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000265 |
Shonathan M. Jeter, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002343 |
Dawan Chatman, #172972, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2018-000916 |
Jerell Jackson, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000047 |
Tito Harris, Petitioner,
v.
State of South Carolina, Respondent.
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2017-000484 |
Katie Elizabeth Wright, Respondent,
v.
Travis Wayne Wright, Appellant.
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2018-000254 |
The State, Respondent,
v.
Andrew Allston Kirkland, Appellant.
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2018-000437 |
Boyd William Rowe, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000482 |
John Adrian Zieglar, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002630 |
George A. Cousins, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000232 |
Kashaun Banks, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001761 |
Shamsy Madani, Respondent,
v.
Rickey Phelps and Christy Phelps, Appellants.
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2018-000179 |
Charles P. Blackwell, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000020 |
Kelvin O'Neal, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000732 |
Bill Boyd Booker, II, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000517 |
Nehemiah J. Evans, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001615 |
Stefano Brooks, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002103 |
The State, Respondent,
v.
Christopher Michael Jackson, Appellant.
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2018-000430 |
Anthony B. Lay, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001397 |
K. C. Langford, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002366 |
Brandon A. Jenkins, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000440 |
William Lamont Seabrook, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001029 |
Traci M. Barr and Tracy L. Woodward, Appellants,
v.
Ebben Alley, Kyna Oliver, and South Carolina Department of Social Services, Respondents.
In the interest of a minor under the age of eighteen.
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2016-002234 |
PrimeLending, A PlainsCapital Company, Respondent,
v.
Ronnell Demar Walker a/k/a Ronnell D. Walker; and South Pointe Homeowners Association, Defendants,
Of whom Ronnell Demar Walker a/k/a Ronnell D. Walker is the Appellant.
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2017-001679 |
The State, Respondent,
v.
Traevis A. Mingo, Appellant.
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2018-000034 |
Richard F. V. Bowman, III, Petitioner,
v.
State of South Carolina, Respondent.
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2016-002457 |
The State, Respondent,
v.
Robert Bernard Campbell, Appellant.
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2017-000997 |
Beverly Ann Gilchrist, Appellant,
v.
Florence Miles, Jimmy Glover, Albert Glover, Tommy Glover, Mary M. Bibbs, Annie Jefferson, Barry Shedrick, Myra S. Padgett, Wade Shedrick, Randy Glover, Genie Miles, Freddie Glover, Jr., Aaron Glover, Steven R. Glover, Terrie G. Frazier and Odell Glover, Doretha Sander, Michael Holmes, Jackie James, Donnell Hampton, Yvonne Forrest, ...Including any children and heirs at law or distributees and devisees and all persons entitled to claim under or through them, and all other persons unknown claiming any right, title or interest in a lien upon the real estate described in the Complaint herein, any unknown adults being a class designated as John Doe; and any unknown infants, minors or persons under a legal disability including those in the military service of the United States of America, being a class designated as Richard Roe, Respondents.
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2017-001740 |
Antonio Jacobs, Petitioner,
v.
State of South Carolina, Respondent.
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