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October 2009 |
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, October 6, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
17012 Blackbaud, Inc., Respondent, v. South Carolina Department of Revenue, Appellant. Ray N. Stevens, Director, Harry T. Cooper, Chief of Staff, Nicholas P. Sipe, General Counsel, and Carol I. McMahan, Counsel for Litigation, of S.C. Department of Revenue and Taxation, of Columbia, for Appellant. Burnet R. Maybank, III and Joan W. Hartley, of Columbia, for Respondent. In this appeal, the South Carolina Department of Revenue (Department) contends the administrative law court (ALC) erred in determining Blackbaud, Inc. was entitled to a tax refund in the amount of $281,264. On appeal, the Department asserts the ALC erred in determining Blackbaud was entitled to calculate Job Development Credits based on new jobs created after the cut-off date agreed upon by both parties.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17088 The State, Respondent, v. Kenneth Lovette Young, Appellant. Appellate Defender LaNelle DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Julie M. Thames, of Office of the Attorney General, of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent. In this appeal from his conviction on charges stemming from an armed bank robbery, Kenneth Young asserts the circuit court erred in refusing to sever his trial from that of his co-defendant, as well as the circuit court's admission of certain items into evidence.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17017 Wendy McDaniel, formerly known as Wendy Sue Kendrick, Respondent, v. Carolyn Kendrick, Appellant. Patrick John Frawley, of Lexington, for Appellant. James Poag, Jr., of West Columbia, for Respondent. Carolyn Kendrick appeals the circuit court's finding she failed to meet the requisite elements of adverse possession, specifically the element of hostility, when her claim was to an entire tract of land. Kendrick also appeals the circuit court's conclusion she failed to establish a constructive trust because she produced no evidence of fraud relating to the transfer of the property from her husband to her stepdaughter.
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11:45 a.m. | (Time Limits: 15-15-5) |
16855 Sierra Club, Appellant, v. South Carolina Department of Health and Environmental Control and Chem-Nuclear Systems, LLC., Respondents. James S. Chandler, Jr.and Amy E. Armstrong, of Pawleys Island, for Appellant. Jacquelyn Sue Dickman, of Columbia, for Respondent SCDHEC. Evander Whitehead, of Florence, for Respondent SCDHEC. Mary D. Shahid, of Charleston, Elizabeth M. Crum and Sara S. Rogers, of Columbia, for Respondent Chem-Nuclear Systems, LLC. The Sierra Club appeals the Administrative Law Court's (ALC) decision to affirm DHEC's license renewal for Chem-Nuclear Systems, LLC (Chem-Nuclear). The ALC's decision will allow Chem-Nuclear to continue the operation of a radioactive waste landfill in Barnwell, South Carolina, and the Sierra Club maintains the ALC erred because Chem-Nuclear is not in compliance with several state regulations.
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Wednesday, October 7, 2009 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17075 Alonzo Brinkley, Appellant, v. South Carolina Department of Corrections, Respondent. John Terrence Mobley, of Columbia, for Appellant. Samuel F. Arthur, III, of Florence, for Respondent. In this appeal from the vacation of a jury award and the grant of a new trial in favor of the South Carolina Department of Corrections, Alonzo Brinkley asserts there was sufficient evidence of gross negligence to support the verdict, and the amount of the jury award was not so excessive as to shock the conscience.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17079 South Carolina Department of Social Services, Respondent, v. C. H., L. K., T. M., D. M., are Defendants, Of Whom L. K. is the Appellant.In re: Minor Child, 11/20/99, Minor Child, 12/10/01, Children under the age of 18. John Harleston, of Mt. Pleasant, for Appellant. Graves Wilson, Jr., of Summerville, and Deborah Murdock, of Mauldin, for Respondent. Gina Jolly McAlhany, of Summerville, for Guardian Ad Litem. Appellant appeals the family court's order that: (1) found Appellant physically abused a minor child as defined by S.C. Code Ann. § 20-7-490 (Supp. 2008); and (2) required Appellant's name be placed in the Central Registry for Child Abuse and Neglect.
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Tuesday, October 13, 2009 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16876 Normandy Corporation, Respondent, v. South Carolina Department of Transportation, Appellant. Clifford O. Koon, Paul D. de Holczer, and Robert L. Brown, of Columbia, for Appellant. Howell V. Bellamy, Jr. and Robert S. Shelton, of Myrtle Beach, for Respondent. This declaratory judgment action stems from a condemnation action filed by Appellant South Carolina Department of Transportation to acquire a parcel of land from Respondent Normandy Corporation for the construction of the Carolina Bays Parkway in Horry County. Respondent brought this action to resolve several issues relating to the applicability of the Clean Water Act to the parcel as of the date of the condemnation filing. Appellant argues that the master-in-equity erred by ruling that the parcel did not contain any wetlands within the jurisdiction of the Clean Water Act and that the parcel contained fifteen acres of wetlands that could legally be drained. Appellant also contends that the master-in-equity did not have subject matter jurisdiction to determine the amount of wetlands existing on the parcel.
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11:00 a.m. | (Time Limits: 10-10-5) |
17065 Shirley's Iron Works, Inc., and Tindall Corporation, Appellants, v. City of Union, South Carolina, Gilbert Group, LLC and William E. Gilbert, Respondents. Boyd Benjamin Nicholson, of Greenville, for Appellant Shirley's Iron Works, Inc. N. Ward Lambert and R. Patrick Smith, of Greenville, for Appellant Tindall Corporation. Andrew Lindemann, of Columbia, and William Whitney, Jr., of Union, for Respondent City of Union, South Carolina. Gibert Bagnell, of Columbia, for Respondents Gilbert Group, LLC and William E. Gilbert. In this case, the Court of Appeals is asked to determine whether the trial court erred in granting summary judgment in favor of the respondents as to appellants' causes of action for (a) violation of the Tort Claims Act, (b) third party beneficiary breach of contract, (c) quantum meruit, and (d) violation of S.C. Code Ann. §27-1-15.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
17074 Sharon Brown, Appellant, v. William B. James, Superintendent for Cherokee County School District, Respondent. Fletcher Smith, Jr., of Greenville, for Appellant. David Duff and Kiosha A. Hammond, of Columbia, for Respondent. Appellant Sharon Brown brought this action against Respondent William James, Superintendent of Cherokee County School District One, seeking judicial review of the decision of the school district’s Board of Trustees to decline to renew Brown's teaching contract. Brown appeals the circuit court’s decision to grant James’ motion to dismiss, asserting that the circuit court misinterpreted the South Carolina Teacher Employment and Dismissal Act and abused its discretion when concluding that Brown had not exhausted her administrative remedies. Brown argues that she was not required to request a hearing before the Board of Trustees after they made a final decision regarding the non-renewal of her contract, but that she could appeal directly to the circuit court. Brown further asserts that the circuit court abused its discretion when concluding that her motion to amend her complaint to add the school district as a party was moot in light of the dismissal.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
17020 Tracey Sims, as Guardian for Emma G., a minor child under the age of eighteen (18), Appellant, v. Dewey V. Gregory, Jr., Respondent. Grahame E. Holmes, Ronnie L. Crosby, and Matthew V. Creech, of Walterboro, for Appellant. Thomas Milligan, of Mt. Pleasant, for Respondent. Tracy Sims, as guardian for Emma G., a minor child under the age of 18, appeals from the trial court's grant of summary judgment for Dewey Gregory in an action arising from a car accident, arguing (1) South Carolina law does not allow an alleged violation of a seat belt law to be used as evidence of negligence, and (2) the injuries to the minor child were not caused by any negligence on the part of Gregory but were caused by negligence of a third party.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17018 SCDSS (Natlynn D. Jimmerson), Respondent v. Eric F. Johnson, Appellant. Laree Anne Hensley, of North Charleston, for Appellant. John M. Magera, of North Charleston, for Respondent. In this case, the Court of Appeals is asked whether the family court erred in determining the appellant was properly served with notice of the civil contempt proceeding and whether the family court erred in finding the appellant in civil contempt.
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Wednesday, October 21, 2009 | |
Courtroom I
(Court convenes at 11:15
a.m.)
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11:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16957 Glendon Allaby, Kathryn Allaby, Cora Pfund, Eric Pfund, Greg Lindsey, Larry Hartley, Michael Duval, Kathleen Duval, Pearl Butler, Timothy Butler and Kevin Nevin, Respondents, v. R.G. Stair and Faith Cathedral Fellowship, Inc., a/k/a Overcomer Ministries, Appellant. Deborah Harrison Sheffield and Mathias Genard Chaplin, of Columbia, for Appellant. Bert G. Utsey, III, of Walterboro, and David Wesley Whittington, of Summerville, for Respondents. In this civil case, we must determine whether the trial court had subject matter jurisdiction over Respondents' claims, which were based on Ralph Gordon Stair's (Stair) expenditure of funds in his capacity as the leader of the Faith Cathedral Fellowship Inc. (the Fellowship), a/k/a the Overcomer Ministries, a religious organization. We must also determine whether the trial court erred in allowing Respondents to present evidence to contest the Fellowship's 501(c)(3) non-profit, tax-exempt status. Finally, we must determine whether the trial court erred in denying Respondents' motions for directed verdict/JNOV on the Respondents' causes of action for fraud, negligent misrepresentation, breach of fiduciary duty, and violation of the Unfair Trade Practices Act.
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2:15 p.m. | (Time Limits: 10 - 10 - 5) |
17563 Jesse and Amanda Gonzalez, Respondents, v. Gerald and Fay Edwards, James and Elsie Symmes, Guadaloupe and Brenda Gonzalez, Edwin and Lisa Roach, and South Carolina Department of Social Services, Defendants, of whom South Carolina Department of Social Services and Gerald and Fay Edwards are the Appellants. Scarlet Bell Moore, of Greenville, for Appellant S.C. Dept. of Social Services. Heather Hite Stone, of Abbeville, for Appellants Gerald and Fay Edwards. Billy Garrett, Jr., of Greenwood, and Desa Ballard, of West Columbia, for Respondents. Adam Bacot, of Greenwood, for Guardian ad Litem, Anna S. Padgett.
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3:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
17063 The State, Respondent, v. Florence Evans, Appellant. Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, of Office of the Attorney General, of Columbia, and Solicitor Jay Hodge, Jr., of Cheraw, for Respondent. Florence Evans appeals her convictions for three counts of involuntary manslaughter, arguing the trial court erred in denying her motion to dismiss the charges against her because her constitutional right to a speedy trial was violated.
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Wednesday, October 7, 2009 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17024 W. L. Madden, Appellant, v. Bent Palm Investments, LLC, Roger Douglas Brown, and Tom Williams, Respondents. Kenneth C. Hanson and Walter M. Riggs, of Columbia, for Appellant. Joseph Gregory Studemeyer, of Columbia, for Respondents.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17015 S.C. Department of Health and Environmental Control, Appellant, v. Philip Przyborowski, Respondent. Carlisle Roberts, Jr., of Columbia, Elizabeth Applegate Dieck and Evander Whitehead, of North Charleston, and Davis Arjuna Whitfield-Cargile, of Charleston, for Appellant. Christopher Holmes, of Mt. Pleasant, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16954 Anonymous No. 1 R.D.H., and Anonymous No. 2 R.D.H., Appellants, v. South Carolina Department of Labor Licensing and Regulation, State Board of Dentistry, Respondent. Desa Ballard and P. Christopher Smith, Jr., of West Columbia, for Appellants. Kenneth P. Woodington and Lynne W. Rogers, of Columbia, for Respondent.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
16986 The State, Respondent, v. Chris Anthony Liverman, Appellant. Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka Sr., Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.
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Cases to be Submitted Without Oral Argument | |
16310 |
The State, Respondent, v. Bryan Wright, Appellant.
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16717 |
The State, Respondent, v. John Wesley Thomasson, Appellant.
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16718 |
The State, Respondent, v. Freddie Wells, Appellant.
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16719 |
The State, Respondent, v. Douglas Lamont Rice, Appellant.
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16720 |
The State, Respondent, v. Steven Collins, Appellant.
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16754 |
The State, Respondent, v. Hayes Polite, Appellant.
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16755 |
The State, Respondent, v. Nicholas Lee Parker, Appellant.
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16764 |
The State, Respondent, v. Richard Middleton, Appellant.
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16765 |
The State, Respondent, v. Michael Allen Ramsey, Appellant.
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16766 |
The State, Respondent, v. Dan Williams, II, Appellant.
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16772 |
The State, Respondent, v. Rahmelle Jamaal Dingle, Appellant.
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16774 |
The State, Respondent, v. Richard Lee Davis, Appellant.
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16777 |
The State, Respondent, v. James Farrow, Appellant.
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16778 |
The State, Respondent, v. Thomas Crocker, Appellant.
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16781 |
The State, Respondent, v. Harold Dean Briggs, Appellant.
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16782 |
The State, Respondent, v. Steven Joel Freeman, Appellant.
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16809 |
The State, Respondent, v. Marvin Colclough, Appellant.
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16811 |
The State, Respondent, v. Kevin Black, Appellant.
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16815 |
The State, Respondent, v. Andrew Leonter Reid, Appellant.
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16816 |
The State, Respondent, v. Steve A. Rollinson, Appellant.
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16817 |
The State, Respondent, v. Edward Lamar Smoak, Jr., Appellant.
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16818 |
The State, Respondent, v. Arthur Hamilton Young, Appellant.
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16819 |
The State, Respondent, v. Mary Ann Wall, Appellant.
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16822 |
The State, Respondent, v. Ronald Wood, Appellant.
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16858 |
The State, Respondent, v. Stephen Casillo, Appellant.
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16888 |
The State, Respondent, v. Kelly Richardson, Appellant.
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16896 |
The State, Respondent, v. Joseph Baggett, Appellant.
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16898 |
The State, Respondent, v. James M. Dixon, Appellant.
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16900 |
The State, Respondent, v. Timeshia Weaver, Appellant.
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16904 |
The State, Respondent, v. Calvin Bernard Sanders, Appellant.
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16941 |
The State, Respondent, v. Andre Johnson, Appellant.
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16942 |
The State, Respondent, v. Craig M. Brannon, Appellant.
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16946 |
The State, Respondent, v. Maurice Wall, Appellant.
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16987 |
The State, Respondent, v. Steven Andrew Ryon, Appellant.
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16990 |
The State, Respondent, v. Marcus Shearin, Appellant.
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17000 |
The State, Respondent, v. Chadwick Plumley, Appellant.
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17001 |
The State, Respondent, v. Christian Parker, Appellant.
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17031 |
The State, Respondent, v. Isaias Diaz Gutierrez, Appellant.
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17033 |
The State,Respondent, v. Isidro Martinez Juarez,Appellant.
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17034 |
The State, Respondent, v. Steven A. Hardeman, Appellant.
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17039 |
The State, Respondent, v. Jeffrey Todd Price, Appellant.
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17041 |
The State, Respondent, v. Stanley David Shannon, Appellant.
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17044 |
The State, Respondent, v. Brian Scott White, Appellant.
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17045 |
The State, Respondent, v. John L. Minor, Appellant.
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17046 |
The State, Respondent, v. Avery Augustus Mason, Appellant.
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17090 |
The State, Respondent, v. Joseph Denario Taylor, Appellant.
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17097 |
The State, Respondent, v. Job M. Brooks, Appellant.
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17098 |
The State, Respondent, v. Michael Constance, Appellant.
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17099 |
The State, Respondent, v. Richard Gaddist, Appellant.
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17122 |
The State, Respondent, v. Willie Lyles, Appellant.
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17174 |
The State, Respondent, v. Harrison Sanders, Jr., Appellant.
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17208 |
The State, Respondent, v. Leonard G. Stanfield, Appellant.
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17222 |
The State, Respondent, v. Kenneth Whitmore, Appellant.
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17226 |
The State, Respondent, v. Sterling Green, Appellant.
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17023 |
Keith C. Marshall and Peggy M. Marshall, Appellants, v. Michael C. Marshall, Terri M. Shaw, Mary E. Rutledge, Respondents.
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