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September 2022 |
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 12, 2022 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-001527 Sandy Hill Partners, LLC, Appellant,
v.
Central Palmetto Asset Management, LLC and the County of Florence, Respondents. Walker H. Willcox, of Willcox Buyck & Williams, PA, of Florence, for Appellant. D. Malloy McEachin, Jr., of McEachin & McEachin, P.A., of Florence, for Respondent County of Florence. Theodore von Keller, of Crawford & von Keller, LLC; and Sara Christine Hutchins, both of Columbia, for Respondent Central Palmetto Asset Management, LLC. In this action to invalidate a tax sale, Sandy Hill Partners, LLC (Sandy Hill) challenges the circuit court's grant of summary judgment to Central Palmetto Asset Management, LLC (Central Palmetto) and Florence County (the County), arguing that there are still genuine issues of material fact regarding (1) the validity of the tax sale; and (2) a related dispute over rent. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-001375 John M. Hine and Maria W. Hine, Appellants,
v.
Timothy M. McCrory, individually and as agent, Michael P. McCrory, Seabrook L. Marchant, and The Marchant Company, Respondents. Matthew Todd Carroll, of Womble Bond Dickinson (US), LLP, of Columbia; Bryant Sparks Caldwell, of Columbia; and John Michael Hine, of The Hine Law Firm, LLC, of Greenville; all for Appellants. Hunter Chase Harbin, of Law Office of H. Chase Harbin, PA, of Greenville, for Respondent Michael P. McCrory. David Allen Anderson, Carmen Vaughn Ganjehsani, and James Belford Robey, III, all of Richardson Plowden & Robinson, PA, of Columbia, for Respondent Timothy M. McCrory. John and Marie Hine (collectively, Appellants) argue the circuit court erred in granting summary judgment in favor of Timothy "Tim" McCrory, individually and as agent, Michael "Mike" McCrory, Seabrook Marchant, and The Marchant Company (collectively, Respondents) based on a three year statute of limitations and in finding Appellants' 2012 discovery of a minor amount of undisclosed termite damage should have put them on notice of extensive damage on the opposite side of the house, which Appellants allege Respondents actively concealed and Appellants did not discover until 2018. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-002494 Jaquwn Brewer, Petitioner,
v.
State of South Carolina, Respondent. Tommy Arthur Thomas, of Irmo, for Petitioner. Deputy Attorney General Donald J. Zelenka, of Columbia, for Respondent. In this action for post-conviction relief (PCR), Jaquwn Brewer (Petitioner) argues the PCR court erred in finding appellate counsel provided effective assistance of counsel. Specifically, Petitioner argues appellate counsel was ineffective in failing to raise other, more viable issues including, but not limited to, burden shifting and failure to maintain integrity of structural due process. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2019-001555 Michele Blank, Appellant,
v.
Patricia Timmons, Trustee of the Gordon H. Timmons Exempt Family Trust, Respondent. Edward A. Bertele, of Charleston, for Appellant. Mark A. Mason, of The Mason Law Firm, PA, of Mt. Pleasant, for Respondent. In this property-boundary dispute, Michele Blank sued her neighbor, Patricia Timmons, for, contempt of court, slander of title, nuisance, and a declaratory judgment. Timmons counterclaimed for slander of title, abuse of process, tortious interference with a contract, and a declaratory judgment. After a bench trial, the court dismissed Blank's claims for contempt, slander of title, and nuisance, as well as Timmon's counterclaims. Blank now appeals, asserting the court erred in dismissing her claims of slander of title and nuisance. |
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Tuesday, September 13, 2022 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-001449 Sylvia Lockaby, Appellant,
v.
City of Simpsonville, Janice Curtis, and Adam Randolph, Respondents. Andrew Sims Radeker and Taylor Meriwether Smith, IV, both of Harrison, Radeker & Smith, P.A., of Columbia, for Appellant. David W. Holmes, of Holmes Law Firm, of Greenville; and Boyd Benjamin Nicholson, Jr., and Sarah P. Spruill, both of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondents. In this civil rights action, former Simpsonville City Councilmember Sylvia Lockaby (Lockaby) challenges a grant of summary judgment to the City of Simpsonville (the City), former Mayor Janice Curtis (Mayor Curtis), and Sgt. Adam Randolph (Sgt. Randolph) (collectively, Respondents). Lockaby alleges the circuit court erred in (1) finding that she should have pursued "internal remedies" before bringing suit; (2) concluding that her claims were subject to absolute legislative immunity on behalf of Respondents; and (3) finding there were no genuine issues of material fact. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-001603 T.D., by and through his guardians A.D. and J.D., Appellants,
v.
Richland County School District Two, Respondent. Donald Michael Mathison, of Columbia, for Appellants. Vernie L. Williams and Jasmine Rogers Drain, both of Columbia, for Respondent. A.D. and J.D., as T.D.'s guardians, argue the circuit court erred in affirming the Richland County School District Two (the District) School Board's (the School Board) decision to expel T.D. for the remainder school year by (1) incorrectly applying a substantial evidence standard of review; (2) finding T.D. was afforded due process; and (3) finding the District complied with South Carolina law when it accessed T.D.'s juvenile law enforcement records. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-000597 Nicholas B. Thompson, Employee, Appellant,
v.
Bluffton Township Fire District, Employer, and State Accident Fund, Carrier, Respondents. David Holt Berry, of Law Ofc. of David H. Berry, PC, of Hilton Head Island, for Appellant. David Alan Westerlund, Jr., of Willson Jones Carter & Baxley, P.A., of North Charleston, for Respondent. In this worker's compensation case, Nicholas Thompson was denied compensation for his back injury, which he claimed was the result of repetitive trauma. In denying his injury was compensable, both the single commissioner and the appellate panel found there was not sufficient evidence presented indicating the job activities he completed as a firefighter were "repetitive" under S.C. Code Ann. ยง 42-1-172. Alternatively, both the single commissioner and the appellate panel found, even if Thompson's activities as a firefighter were repetitive, Thompson failed to provide the Bluffton Township Fire District with timely notice of a repetitive trauma injury and was therefore barred from compensation. |
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Wednesday, September 14, 2022 | |
Courtroom I
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11:20 a.m. | (Time Limits: 15-15-5) |
2019-001406 The State, Respondent,
v.
Anthony Anderson, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, Assistant Attorney General Tommy Evans, Jr., and Carolina Scrantom, all of Columbia, for Respondent. Anthony Anderson appeals his convictions for two counts of murder and possession of a weapon during the commission of a violent crime. On appeal, Anderson argues the trial court erred in (1) finding he knowingly, intelligently, and voluntarily waived his rights against self incrimination and to counsel and (2) refusing to admit an unavailable, third party's confession as a hearsay exception. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2019-000692 Federal Logistics, Inc., Respondent,
v.
DMP Construction, LLC, Appellant. William Norman Epps, III, of Epps & Epps, LLC, of Anderson, for Appellant. Craig Horger Allen, of Craig H. Allen, P.A., of Greenville, for Respondent. In this contract dispute, DMP Construction, LLC (DMP) appeals the trial court's orders (1) granting a directed verdict to Federal Logistics and (2) denying DMP's motion to vacate the judgment or for a new trial. DMP argues the trial court erred in granting a directed verdict and in failing to grant its motion to vacate because the evidence submitted at trial taken in the light most favorable to DMP was susceptible to more than one reasonable inference, and therefore, the case should have been submitted to the jury. |
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Thursday, September 15, 2022 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-001980 Richard W. Downing, Appellant,
v.
Rebecca B. Downing, Respondent. Paul E. Tinkler and William P. Tinkler, both of Tinkler Law Firm LLC, of Charleston, for Appellant. Mark O. Andrews and Kelley D. Andrews-Edwards, both of Andrews Mediation and Law Firm, PA, of Mt. Pleasant, for Respondent. Richard W. Downing appeals the family court's order denying his request for a reduction in his alimony obligation and awarding attorney's fees to Rebecca B. Downing. On appeal, Richard argues the family court failed to analyze the factors enumerated in section 20-3-170(B) of the South Carolina Code (2014); improperly characterized his deferred compensation benefit assets as income; erred in finding there had not been a material change in circumstances; and, abused its discretion in awarding Rebecca $42,000 in attorney's fees. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-001548 The State, Respondent,
v.
Nyquan Tykie Brown, Appellant. Appellate Defender Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Caroline Scrantom, all of Columbia; and Solicitor William Walter Wilkins, III, of Greenville, all for Respondent. This case is about whether a jury charge that malice can be inferred if one kills another during the commission of a felony lessens state's burden of proving malice and is an impermissible comment on the facts. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-001520 Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc. and Jack Love, individually, and on behalf of all others similarly situated, Appellants,
v.
Island Pointe, LLC, Complete Building Corporation, Tri County Roofing, Inc., WC Services, Inc., Miracle Siding, LLC and Wilson Lucas Sales d/b/a Miracle Sliding, LLC, Elroy Alonzo Vasquez, JMC Construction, Inc., JMC Construction, LLC, Defendants,
of which WC Services, Inc. is the Respondent. Justin O'Toole Lucey and Joshua Fletcher Evans, both of Justin O'Toole Lucey, P.A., of Mt. Pleasant; Stephanie D. Drawdy, of Justin O'Toole Lucey, P.A., of Summerville; and Russell Grainger Hines and Edward D. Buckley, Jr., both of Clement Rivers, LLP, of Charleston, all for Appellants. James A. Atkins, of Clawson & Staubes, LLC, of Charleston, for Respondent WC Services, Inc. Andrew N. Cole, of Columbia, for Respondents JMC Construction, Inc. and JMC Construction, LLC. The property owners association in this construction defect case appeals a verdict for the development's sprinkler system subcontractor. The association argues it was entitled to a directed verdict that the subcontractor violated the building code. The association also argues the circuit court erred when it refused to give jury charges related to a local building ordinance and that certain testimony was inadmissible hearsay. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2019-001716 Jeane Whitfield, Appellant,
v.
Dennis K. Schimpf, M.D. and Sweetgrass Plastic Surgery, LLC, Respondent. Daniel Scott and Andrew Joseph McCumber, both of Slotchiver & Slotchiver, LLP, of Mount Pleasant; Jesse Sanchez, of The Law Office of Jesse Sanchez, of Charleston; and Brent Souther Halversen, of Halversen & Halversen, LLC, of Mount Pleasant, all for Appellant. Todd W. Smyth and Kevin Richard Horton, both of Smyth Whitley, LLC, of Charleston; and Stephen Tyler Graves, of Graves & Davis, LLC, of Charleston, all for Respondents. In this medical malpractice action, the plaintiff, Jeane Whitfield appeals three rulings. First, she argues the trial court erred in not excluding testimony from two physicians retained as defense experts relating to their examination of Whitfield pursuant to Rule 35, SCRCP. Next, she maintains the trial court erred in excluding evidence regarding a witness's personal relationships to demonstrate bias. Finally, Whitfield contends the trial court erred in denying her directed verdict motion because the defendants admitted they failed to maintain certain medical records in accordance with S.C. Code Ann. Regs. 61-91.703. |
Cases to be Submitted Without Oral Argument | |
2019-001608 |
James Williams, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000230 |
Derek Maner, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001497 |
Robert Jackson, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000839 |
Chris A. Liverman, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001408 |
Christopher Heller, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001099 |
Russell Montgomery, Petitioner,
v.
State of South Carolina, Respondent.
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2018-002280 |
Michael Edward Williams, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000166 |
Paul Harris, Petitioner
v.
State of South Carolina, Respondent.
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2019-001436 |
Quincy A. McCants, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001688 |
Adonis Williams, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000107 |
Derrick Fishburne, Respondent,
v.
State of South Carolina, Petitioner.
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2019-001493 |
Joe Lewis Holmes, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001092 |
Stephen Douglas Berry, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001319 |
Taiwan J. Hardy, Petitioner,
v.
State of South Carolina ,Respondent.
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2020-000861 |
Arthur Singleton, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001196 |
Arthur Franklin Smith, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000730 |
Gonzales Wardlaw, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001887 |
Rodney C. Bryan, Petitioner-Respondent,
v.
State of South Carolina, Respondent-Petitioner.
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2019-000891 |
David Antonio Kucinski, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000144 |
Willie Thomas Starnes, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000216 |
Jason A. Johnson, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000190 |
Kendrick Mims, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000440 |
Gary Wayne Thomas, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000396 |
Harold Jones, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2020-000361 |
Gerald Bernard Haltiwanger, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2019-001247 |
Gilbert Edward Day, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000948 |
Robert Harbuck, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000433 |
Shamaine Martell Roberson, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001130 |
Stephanie Leigh Howard, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001705 |
Sylvester Johnson, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000333 |
James Albert Giles, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000617 |
Gary Jerrell Means, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2020-001608 |
Antwan Gaddist, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000279 |
Jonathan Duncan, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000140 |
Tavaris Dewberry, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000442 |
Gary R. Thompson, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000755 |
Venable D. Mitchell, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000460 |
Hollis Brock, Jr., Respondent,
v.
State of South Carolina, Petitioner.
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2019-000347 |
Jeff Chestnut, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001000 |
Fred Madden, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001474 |
Jeremy Jerome Knight, Petitioner,
v.
The State of South Carolina, Respondent.
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2019-001640 |
John Edward Haynes, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000676 |
Stanley Wright, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000192 |
James A. Gardner, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001466 |
Malikaih Taylor, Petitioner,
v.
The State of South Carolina, Respondent.
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2018-000892 |
Timothy Earl Beheler, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000568 |
Bryan Jordan Phillips, Respondent.
v.
State of South Carolina, Petitioner,
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2019-000770 |
Scotty M. Brown, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001494 |
Roger Bruce, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000482 |
Brandon McFadden, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001575 |
Kerwin S. Parker, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000103 |
Anthony Terez Brown, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000150 |
Aquavious Ray, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000397 |
Darius Ransom-Williams, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001129 |
Rolando Aldama-Ocampo, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000202 |
Osiel Narciso Gomez, Petitioner,
v.
State of South Carolina, Respondent.
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2018-001179 |
Dominic A. Gallman, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000806 |
George Stanley Branham, II, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000587 |
Terry Watson, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2019-002056 |
Earnest Maurice Allen, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000275 |
Jonathon A. Phillips, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001309 |
Ivis Ahimara Reyes Yedra, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000263 |
Douglas Murphy, Petitioner,
v.
State of South Carolina
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2021-000151 |
Savoyy Woodard, Petitioner,
v.
State of South Carolina, Respondent.
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