PREV | October 2010 | NEXT |
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 5, 2010 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17743 Norman C. Hartsel, as Personal Representative of the Estate of Bennett W. Hartsel, Norman C. Hartsel, as Personal Representative of the Estate of Mary E. Hartsel, and Norman C. Hartsel, Individually, Appellants, v. Selective Insurance Company of South Carolina, Respondent. Michael S. Seekings, of Charleston, for Appellant. William L. Howard and Russell G. Hines, of Charleston, for Respondent. Norman C. Hartsel appeals a circuit court order dismissing his complaint against Selective Insurance Company of South Carolina (Selective) pursuant to Rule 12(b)(6), SCRCP. Specifically, Hartsel alleges the circuit court erred in (1) dismissing his bad faith cause of action for failure to state a claim and (2) dismissing his negligence, breach of contract, and breach of fiduciary duty causes of action for lack of standing.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
17785 Dorothy M. Graves, Appellant, v. Horry-Georgetown Technical College, Respondent. Shannon Lee Felder, of Winnsboro, for Appellant. Charles J. Boykin, of Columbia, for Respondent. After resigning from her position, Dorothy M. Graves filed suit against her former employer, Horry-Georgetown Technical College (the College), for constructive discharge, and the circuit court directed a verdict in favor of the College. Graves appeals, arguing the directed verdict was improper because the College committed official acts that precipitated her discharge and excused her from exhausting her administrative remedies before filing suit.
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Wednesday, October 6, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
17586 The State, Respondent, v. Kevin Allen Chase, Appellant. Tara Shurling, 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 William M. Blitch, Jr., of Office of the Attorney General, of Columbia, for Respondent. Kevin Chase was convicted of CDVHAN. He appeals several of the trial evidentiary rulings, the denial of a motion for recusal, the denial of a motion for mistrial and the jury charge.
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
17917 Carolyn R. Church, Appellant/Respondent v. Carroll E. McGee, Personal Representative of The Estate of William LaRue McGee; Ted O. McGee, Jr., as trustee of the Pearly Miles McGee and Ted O. McGee, Sr. Living Trusts; and Carroll E. McGee, Individually, Respondents/Appellants. Matthew E. Steinmetz, Charles M. Black Jr. and Mitchell C. Payne, of Columbia, for Appellant-Respondent. S. Jahue Moore, of West Columbia, for Respondents-Appellants. Carolyn R. Church brought this quantum meruit action against Carroll E. McGee, individually and as personal representative of the Estate of William LaRue McGee (Decedent), seeking compensation for caregiving services for Decedent in his final years. In these cross-appeals, Church challenges the circuit court's finding that Decedent had reimbursed Church for her caregiving services. She also challenges the circuit court's refusal to remove McGee as personal representative. McGee challenges the circuit court's failure to allow a setoff against a specific bequest to Church to compensate the estate for personal property Church took from the decedent's home.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
17932 L. Paul Trask, Jr., Personally, and as Next of Kin and as the Duly Appointed Personal Representative of the Estate of L. Paul Trask, III, deceased, and Meredith C. Trask, Appellants, v. Beaufort County; Curtis Copeland, in his Official Capacity as Coroner of Beaufort County and Individually; and Copeland Company of Beaufort, LLC, Respondents. Stephen P. Groves, Thomas S. Tisdale,Jr., and Jeffrey S. Tibbals, of Charleston, for Appellants. Marshall H. Waldron, Jr., of Beaufort, and Andrew F. Lindemann, of Columbia, for Respondents. In this civil action arising out of a single-car accident and its subsequent investigation, the Trasks appeal the trial court's order granting summary judgment for all claims against Beaufort County and Curtis Copeland as county coroner and individually.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17751 Essie Simmons, Appellant v. Rubin Simmons, Respondent. Paul E. Tinkler and Joshua P. Stokes, of Charleston, for Appellant. Eduardo Kelvin Curry, of North Charleston, for Respondent. In this appeal from Charleston County, the appellant appeals the Family Court's grant of the respondent's motion to dismiss. The appellant argues that Simmons v. Simmons, 370 S.C. 109, 634 S.E.2d 1 (Ct. App. 2006), in which this court found the Family Court lacked jurisdiction over the division of Social Security benefits, effectively nullified a 1990 settlement agreement, leaving wife entitled to have the Family Court re-evaluate the equitable division of property and alimony.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
17531 City of Rock Hill, Respondent, v. Lori Elizabeth Wallace, Appellant. Leland B. Greeley, of Rock Hill, for Appellant. Paula Knox Brown, of Rock Hill, for Respondent. Lori Elizabeth Wallace appeals the circuit court's order affirming the municipal court's denial of her motion to dismiss her indictment for driving under the influence (DUI), arguing the arresting officer's error in failing to record audio did not make the video equipment "inoperable" according to section 56-5-2953(B) of the South Carolina Code (Supp. 2009), and the circuit court erred in affirming the municipal court's determination that the officer's failure to remove the audio-recording device from its charger in his patrol car constituted a "valid reason for the failure to produce the videotape based upon the totality of circumstances."
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
17653 Dutch Fork Development Group II, LLC and Dutch Fork Realty, LLC, Respondents, v. SEL Properties, LLC and Stephen E. Lipscomb, Defendants, of whom Stephen E. Lipscomb is the Appellant. Keith M. Babcock and Brady R. Thomas, of Columbia, for Appellants. Glenn E. Bowens and Anthony S. H. Catone, of Blythewood, for Respondents. Stephen E. Lipscomb appeals a jury award against him for tortious interference with a contract, arguing (1) as manager of the limited liability company that breached the contract, he cannot be individually responsible for tortious interference with that contract and (2) in the alternative, the trial court should have granted his motion to reduce the verdict against him. Lipscomb further takes issue with the trial court's instructions to the jury regarding lost customers and lost goodwill.
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Thursday, October 7, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
17823 Patricia S. Tenney, Respondent, v. The South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management and the State of South Carolina, Appellants. Attorney General Henry Dargan McMaster, Assistant Deputy Attorney General J. Emory Smith, of Office of the Attorney General, of Columbia, for Appellant State of South Carolina. Carlisle Roberts Jr., Bradley D. Churdar, and Davis A. Whitfield-Carglie for Appellant South Carolina Department of Health and Environmental Control. Mary D. Shahid and R. Cody Lenhardt,Jr., of Charleston, for Respondent. In this action to quiet title to an island in Beaufort County, the South Carolina Department of Health and Environmental Control and the State of South Carolina appeal from the trial court's order finding Tenney was entitled to title to the island.
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
17926 Wachovia Bank National Association, Successor By Merger to Wachovia Bank, N.A., Appellant, v. Arthur L. Beane, Jr. and Virginia Beane,Respondents. John H. Tiller, of Charleston, for Appellant. John F. Martin, of Charleston, for Respondent. In this action to collect on a note that was defaulted on by Arthur and Virginia Beane, Wachovia Bank appeals from the jury verdict finding for the Beanes, arguing the trial court erred in denying Wachovia's motion for judgment notwithstanding the verdict and motion for a new trial absolute, or in the alternative, a new trial nisi remittitur.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
18004 Henry L. Pridgen, Respondent, v. Robert Ward, Charles Sheppard and Karen Hair, Appellants. Andrew F. Lindemann, of Columbia, and Lake Eric Summers, of Columbia, for Appellants. J. Lewis Cromer, of Columbia, for Respondent. Robert Ward, Charles Sheppard, and Karen Hair appeal the trial court's denial of their motions for directed verdict and judgment notwithstanding the verdict with regard to Henry Pridgen's civil conspiracy claim. Ward, Sheppard, and Hair argue (1) they were acting at all times within the scope of their employment, (2) they were entitled to immunity under the Tort Claims Act, and (3) that Pridgen failed to prove a mutual understanding or joint assent by them to carry out any conspiratorial objective.
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Wednesday, October 6, 2010 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
17679 Chevrolet of North Charleston, d/b/a Gene Reed Chevrolet, Inc, Plaintiff v. Azalea Motors, L.L.C., Defendant, v. South Carolina Department of Motor Vehicles, Defendant, Of whom Azalea Motors, L.L.C. is the Appellant And South Carolina Department of Motor Vehicles is the Respondent. Thomas R. Goldstein, of Charleston, for Appellant. Stephanie Pendarvis McDonald, of Charleston, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
17793 JASDIP Properties SC, LLC, Appellant, v. Stewart Richardson, Respondent. W. Andrew Gowder, Jr. and Daniel S. McQueeney, Jr., of Charleston, for Appellant. Toni Lee Tack Pennington, of Pawleys Island, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
17655 ESA Services, LLC (formerly ESA Services, Inc) c/o Extended Stay, Inc., Respondent, v. South Carolina Department of Revenue, Appellant. Carol I. McMahan, Thomas A. McDermott, Ronald W. Urban, and Andrew L. Richardson, Jr., of Columbia, for Appellant. David B. Summer, Jr. and Faye A. Flowers, of Columbia, for Respondent.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17906 Brian P. Menezes, Respondent, v. WL Ross & Co. LLC., Wilbur L. Ross, Jr., Michael J. Gibbons, David H. Storper, David L. Wax, Joseph L. Gorga, Stephen B. Duerk, WLR Recovery Fund II, L.P., WLR Recovery Fund III, L.P., WLR Recovery Associates II LLC, and WLR Recovery Associates III LLC, Appellants. James Derrick Quattlebaum, H. Sam Habry, III, and Charles M. Sprinkle,III, of Greenville, and N. Scott Fletcher, of Houston, TX, for Appellant. William D. Herlong,of Greenville, for Respondent.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
18049 Pearlie Mae Sherald, Appellant, v. City of Myrtle Beach, Respondent. William R. Padget, of Columbia, for Appellant. Michael W. Battle, of Conway, for Respondent.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
17269 Case No.: 2007-CP-26-02667 State of South Carolina on the relation of J. Gregory Humbree, Solicitor of the Fifteenth Judicial Circuit, Respondent, v. Pearlie Mae Sherald, Henry D. Sherald, Senaca T. Sherald d/b/a Club Rainbow, Pearl's Place, and John Doe, representing unidentified employees, affiliates, leasors, and subleasors of Club Rainbow, and Pearl's Place, Appellants.________Case No. 2007-CP-26-04375 Pearlie Mae Sherald, Appellant, v. City of Myrtle Beach, Respondent. Howard S. Sheftman and William R. Padgett, of Columbia, for Appellants. Michael W. Battle, of Conway, for Respondent.
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Cases to be Submitted Without Oral Argument | |
16589 |
The State, Respondent, v. Dana Eugene Lanier, Appellant.
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17115 |
The State, Respondent, v. Ladrequez Polk, Appellant.
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17524 |
The State, Respondent, v. Dominic Gallman, Appellant.
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17533 |
The State, Respondent, v. Irving Twitty, Appellant.
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17627 |
The State, Respondent, v. Susan Lower, Appellant.
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17633 |
The State, Respondent, v. Tawana Ojlya Johnson, Appellant.
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17635 |
The State, Respondent/Appellant, v. Jimmy Lee Duncan, #2, Appellant/Respondent.
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17636 |
The State, Respondent, v. Jeffrey S. Evans, Appellant.
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17644 |
The State, Respondent, v. Jeremiah Prince Moultrie, Appellant.
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17686 |
The State, Respondent, v. Michael Elayda, Appellant.
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17710 |
Hall's Custom Homes, LLC. Respondent, v. Vista Realty Partners, LLC and Long Grove Vista, LLC. Appellants.
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17712 |
Joseph S. Matsell and Pamela A. Matsell, Respondents, v. Crowfield Plantation Community Services Association, Inc., Appellant.
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17726 |
The State, Respondent, v. Timothy Wilson, Appellant.
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17728 |
The State, Respondent, v. Kathy Williams, Appellant.
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17729 |
In the Interest of Kaleem S., Appellant.
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17731 |
The State, Respondent, v. Ricky B. Williams, Appellant.
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17732 |
The State, Respondent, v. Jimmy Douglas Portee, Appellant.
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17736 |
Frank Lawson, Appellant, v. South Carolina Department of Corrections, Respondent.
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17737 |
Frank Lawson, #270380,Appellant, v. South Carolina Department of Corrections,Respondent.
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17753 |
Trico Engineering Consultants, Respondent, v. S. Joseph Kozlowski, Appellant.
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17761 |
Bon Secour St. Francis Xavier Hospital, Inc.; and CareAlliance Health Services, Inc. d/b/a Roper St. Francis Healthcare, Appellants, v. Barton Marlow Company; HKS, Inc.; STO Corp.; Fort Roofing & Sheet Metal Works, Inc.; CBC; Johns-Manville; Gulf Coast Building Systems, Inc.; Quorum Health Resources, Inc.; Fidelity & Deposit Company of Maryland; Kawneer Company, Inc.; and Jennings Paint and Glass Company, Inc., Defendants, Of Whom STO Corp. is the Respondent.________________Barton Malow Company, Defendants/Third-Party Plaintiff v. Atlantic Coast Mechanical, Inc., United States Fidelity & Guaranty Company, ABG Caulking Contractors, Inc. a/k/a ABG Caulking, Inc. and/or ABG Caulking Contractors, Jennings Paint and Glass Co., Inc., and Old Republic Surety Company, Third-Party Defendants.
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17767 |
The State, Respondent, v. Joseph Dean Kyzer, Appellant.
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17768 |
The State, Respondent, v. Anthony Tony Erving, Appellant.
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17769 |
The State, Respondent, v. Quinton Inman, Appellant.
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17775 |
The State, Respondent, v. John Earl Sprouse, Appellant.
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17781 |
Sonya Fordham and William Fordham, Appellants, v. Luzena King, an incapacitated person, her next of kin, George Fordham, and Elisabeth Spencer of City of Charleston Elder Supportline, Respondents.
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17811 |
Ruth J. Person,Appellant, v. Carolina Pines Regional Medical Center, Respondent.
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17846 |
Mary K. Hadwin, Respondent, v. Ocean Air Repair & Construction, Inc. and David Warren Linker, Appellants.
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17853 |
The State, Respondent, v. Mary R. Hughes, Appellant.
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17854 |
The State, Respondent, v. Gerald Carlisle, Jr., Appellant.
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17855 |
The State, Respondent, v. Mandric Lamar Clark, Appellant.
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17856 |
The State, Respondent, v. Eric Jermole Dade, Appellant.
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17858 |
The State, Respondent, v. Vante Birch, Appellant.
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17861 |
The State, Respondent, v. William Kyle Fields, Appellant.
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17862 |
The State, Respondent, v. Shawn Holland, Appellant.
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17867 |
The State, Respondent, v. John Dykeman, Appellant.
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17877 |
The State, Respondent, v. Kenyal Rogers, Appellant.
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17879 |
The State, Respondent, v. Travis Marquis Walker, Appellant.
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17881 |
The State,Respondent, v. Jeffrey Ray Oliver,Appellant.
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17882 |
The State, Respondent, v. Rhonda Michelle Mintz, Appellant.
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17883 |
The State, Respondent, v. Wayne McLaughlin, Appellant.
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17901 |
Clyde L. Riley, Jr., and Chere J. Riley, Appellants, v. Osmose Holdings, Inc., d/b/a Osmose, Inc.; Arch Wood Protection, Inc.; Chemical Specialties, Inc.; Cox Industries, Inc.; Buck Lumber and Building Supply, Inc., d/b/a Charleston Wood Industries; New South Wood Preserving, LLC.; Collum's Lumber Products LLC.; Spartanburg Forest Products, Inc.; East Coast Lumber Company, Inc.; Georgia-Pacific Corporation; Southern Lumber & Millwork Corp.; Hughes Lumber & Building Supply; G.S. Carter & Son Lumber Company; Lowe's Companies, 84 Lumber Company, Defendants, of whom,Buck Lumber and Building Supply, Inc., is the Respondent.
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17930 |
Sammie Stroman #242033, Appellant v. South Carolina Department of Corrections, Respondent.
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17933 |
Case # 2007-CP-07-02050 Stoney Creek Villas Regime B Owners Association, Inc. Respondent, v. George J. Quinn and Karen Quinn, Appellants.______________Case # 2008-CP-07-1258 George J. Quinn and Karen Quinn, Appellants, v. Stephen Halpern and Joe Pesce, Respondents.
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17958 |
In The Interest of Corey C., A Juvenile Under The Age Of Seventeen, Appellant.
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17960 |
The State, Respondent, v. Jimmy Culpepper, Jr., Appellant.
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17961 |
The State, Respondent, v. Elwood Lee Beckner, Appellant.
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17964 |
The State, Respondent, v. Forrest Floyd Ansel, Appellant.
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17970 |
The State, Respondent, v. Reginald Barno, Appellant.
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17980 |
The State,Respondent, v. Clarence Scott Miller, Appellant.
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17981 |
The State, Respondent, v. Tony Morris, Appellant.
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17982 |
In The Interest Of Donald S., A Juvenile Under The Age Of Seventeen, Appellant.
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17988 |
The State, Respondent, v. Roscoe Roy Moore, III, Appellant.
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18031 |
Lymon Edwards, #286533, Appellant, v. South Carolina Department of Corrections, Respondents.
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18033 |
Michael Davison, Appellant, v. South Carolina Department of Corrections, Respondent.
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18092 |
The State, Respondent, v. Virgil Lee Calvin, Appellant.
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18114 |
The State, Respondent, v. Yulonda Nicole Rabb, Appellant.
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18121 |
The State, Respondent, v. Don Ray Whitehurst, Appellant.
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18141 |
Eddie Moore #247087, Appellant, v. South Carolina Department of Corrections, Respondent.
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