Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
Court of Appeals - Roster of Cases for Hearing

   
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, October 3, 2011
Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18572   Karen Elisabeth Fekete, Respondent, v. Richard Fekete, Appellant.

James Wilson Tucker, Jr., of Rock Hill, for Appellant. Christina Brice Thompson, of Fort Mill, for Respondent.

On appeal from the family court, Richard Fekete challenges the amount of income the family court imputed to him and Karen Fekete for the purpose of determining child support. In addition, Richard Fekete argues that the family court erred by denying his request to use Schedule C of the South Carolina Child Support Guidelines to calculate child support.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18517   The State, Respondent, v. Jomar Antavis Robinson, Appellant.

Appellate Defender Elizabeth Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Attorney General Harold M. Coombs, of Office of the Attorney General, of Columbia, for Respondent.

On appeal, Jomar Antavis Robinson argues that the trial court erred in (1) denying his motion to suppress drugs found on the porch area of an apartment complex because the police subjected him to an unreasonable search and seizure in violation of the Fourth Amendment; and (2) allowing the State to qualify the Commander of the Drug Enforcement Unit as an expert.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18256   Cookie Tracey Medlock, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, of Office of the Attorney General, of Columbia, for Respondent.

Cookie Tracey Medlock seeks certiorari from denial, after a hearing, of Petitioner's application for post-conviction relief (PCR). Petitioner argues that the PCR judge erred in failing to find ineffective assistance of counsel where attorney failed to investigate and failed to present evidence or argument in mitigation at sentencing.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18535   Glenda Wilder, Respondent, v. Blue Ribbon Taxicab Corp. and Freddie Pryor, Jointly, Severally, or in the Alternative, Defendants, Of Whom Blue Ribbon Taxicab Corp. is the Appellant.

James Mixon Griffin, of Columbia, for Appellant.Robert Daniel Dodson and J. Carlisle Oxner, of Columbia, for Respondent.

Blue Ribbon Taxicab Corp. (Blue Ribbon) appeals the trial court's award of damages in this negligence action filed by Glenda Wilder. Blue Ribbon alleges the trial court erred in denying its motion to set aside entry of default and in calculating damages.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18174   Ralph Duane King, Jr., Appellant, v. International Knife and Saw - Florence, Employer, and Peerless Insurance Company c/o Montgomery Insurance, Respondents.

Stuart Wesley Snow, of Florence, for Appellant. Weston Adams, III, and Helen F. Hiser, both of Columbia, for Respondents.

The single commissioner awarded King benefits for a repetitive trauma injury, and the Appellate Panel of the Workers’ Compensation Commission reversed. King appeals, arguing the Appellate Panel erred in: (1) concluding his injury was compensable at a time when King had missed no work because of the condition, had sought no treatment for it, and had not been diagnosed as having a repetitive trauma injury; (2) concluding the ninety-day notice period commenced before King was diagnosed with a repetitive trauma injury; (3) finding substantial evidence indicated King noticed his injury, suspected his job caused it, and discovered it was compensable "a couple of years ago"; (4) finding substantial evidence that, even if King had not discovered his condition was compensable, he could have done so years earlier through the exercise of reasonable diligence; and (5) failing to address whether King had a reasonable excuse for failing to give timely notice and whether Employer suffered undue prejudice as a result.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18636   Sheila M. Robison, Respondent/Appellant, v. David McGill Robison, III, Appellant/Respondent.

J. Falkner Wilkes, of Greenville, for Appellant-Respondent. Charles M. Black, Jr., Matthew E. Steinmetz, Max N. Picklesimer, and Carrie A. Warner, of Columbia, for Respondent-Appellant. Debra L. Walsh, of Greenville, for Guardian Ad Litem.

After the parties' divorce, the family court entered an order awarding custody of S.R. to Father but provisionally placing her with Mother. The family court later awarded Father both physical and legal custody. Mother appeals, arguing the family court erred in (1) using its own standard to determine who should receive custody of S.R. and failing to conduct a best-interests analysis when it subsequently granted Father full custody and (2) failing to appoint a guardian ad litem (GAL) or consider S.R.'s wishes when determining custody.

 
Tuesday, October 4, 2011
Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18260   Thomas Chad Heaton, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Kaelon E. May, of Office of the Attorney General, of Columbia, for Petitioner. Ricky Keith Harris, of Spartanburg, for Respondent.

The State appeals the grant of Thomas Heaton's petition for post-conviction relief (PCR), arguing the PCR court erred in finding Heaton's constitutional rights were violated because the plea court and plea counsel failed to explain the elements of felony driving under the influence (DUI) and possession of Methadone and the sentencing consequences.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18641   Latane S. Sanders, Appellant/ Respondent, v. Roy Sanders, Respondent/ Appellant.

Joseph M. Ramseur Jr., of Greenville, for Appellant-Respondent. Kimberly F. Dunham, of Greenville, for Respondent-Appellant.

This cross-appeal arises out of a dispute over the family court's division of marital assets following the divorce of the parties. Latane Sanders argues that the family court erred in determining her account was marital property and, in the alternative, she argues the family court erred by dividing the marital estate equally. In his cross- appeal, Roy Sanders argues that the family court erred in determining the date for valuation of the assets, erred in valuing and awarding the marital home, and erred in classifying items on Latane Sanders' schedule A as non-marital assets.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18637   Nanette Middleton, Appellant, v. Christopher Mitchell, Respondent.

Brian Robert Murphy, of Fort Mill, for Appellant. Diane Piazza DeWitt, of Beaufort, for Respondent.

Nanette Middleton (Mother) appeals the family court's order declining to award her past due child support, arguing that the family court erred in: (1) granting a retroactive modification of accrued child support arrearages in violation of South Carolina Code Section 20-7-933; (2) failing to find interest on arrearages accrues from the date of each missed child support payment; (3) failing to provide for compound interest pursuant to South Carolina Code Section 34-41-20(B) and; granting Christopher Mitchell (Father) an offset in child support when he has not requested one.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18620   The State, Respondent, v. Robert T. Carroll, Appellant.

William Norman Epps III, of Anderson, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent.

Robert T. Carroll appeals his convictions of burglary first degree, assault and battery with intent to kill, and possession of a firearm or knife during commission of a violent crime, arguing the trial court erred in: (1) charging the jury that they may infer malice from the use of a deadly weapon when evidence was presented that would mitigate or justify the alleged assault and battery; (2) charging the jury that for the charge of assault and battery with intent to kill that the appellant must have a general intent to commit serious harm; (3) admitting into evidence the 911 tape when its prejudicial effect outweighed its probative effect pursuant to Rule 403 of The South Carolina Rules of Evidence; (4) failing to quash the indictments against the appellant; and (5) failing to grant a new trial in favor of the appellant on the charge of burglary in the first degree.

 
Wednesday, October 5, 2011
Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18642   Baron L. McCaskill, III, and Blane O. Ruschak, Respondents, v. Leslie Roth, Southern Croth I, LLC, CBC Wood Products, Inc., Builders Source Direct, LLC, The Due South Development Group, Inc., Due South Development, Inc., Gale Contractor Services, S&T Roofing, LLC, Anything Electric, T&C Construction, LLC, Johnston Roofing, Absolute Home Services, LLC, H.L. Middleton Masonry, McGee Brothers, Inc., Sanchez Brothers Painting, Inc., Paver Creations, LLC, Conditioned Air, Agapito Hernandez, and Charleston Marble and Granite, LLC, Defendants, Of Whom Leslie Roth is the Appellant.

Leslie Roth, of Woodbury, NY, for Appellant pro se. Ariail Bright, of Charleston, for Respondents.

Leslie Roth appeals the trial court's distribution of funds held pursuant to an escrow agreement.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18709   Patricia D. Johnson, Employee, Appellant, v. BMW Manufacturing Corporation, LLC, Employeer, Respondent, and Hartford Insurance Company of the Midwest and Specialty Risk Services, Inc., Carrier, Respondents.

Albert V. Smith, of Spartanburg, for Appellant. Vernon F. Dunbar, of Greenville, for Respondents.

In this workers' compensation appeal, Appellant Patricia Johnson argues the Commission erred in finding she failed to prove the occurrence of a compensable work-related injury.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18402   Henry Dinkins, Appellant, v. Lowe's Home Centers, Inc. - Sumter, SC and Specialty Risk Services, LLC, Respondents.

Stephen Benjamin Samuels, of Columbia, for Appellant. Weston Adams, III, Helen F. Hiser, C. Edward Rawl, Jr., and M. McMullen Taylor, of Columbia, for Respondents.

In this worker's compensation action, Henry Dinkins appeals the circuit court's determination that substantial evidence supports the Appellate Panel of the Workers' Compensation Commission's (Appellate Panel) finding that he is entitled to scheduled disability benefits and not permanent and total disability benefits. Dinkins argues the Appellate Panel erred in relying on Wigfall v. Tideland Utilities, Inc., 354 S.C.100, 580 S.E.2d 100 (2003), and he contends the combined effects doctrine in Ellison v. Frigidaire Home Products, 360 S.C. 236, 600 S.E.2d 120 (2006) is controlling.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18188   Mark S. Kinsey, Respondent, v. Leecia B. Kinsey, Appellant.

Thomas M. Neal, III, and Yulee E. Harrelson, of Columbia, for Appellant. C. Vance Stricklin, Jr., of West Columbia, and Katherine Carruth Goode, of Winnsboro, for Respondent.

Leecia B. Kinsey appeals the family court's equitable distribution of the marital estate, including evidentiary issues and the family court's determination that The Kinsey Corporation was not marital property.

 
Thursday, October 6, 2011
Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18550   Issac Wright, Respondent, v. Stevie Cartledge, Appellant.

Michael C. Tanner, of Bamberg, for Appellant. James D. Mosteller, III, of Barnwell, for Respondent.

Appellant Stevie Cartledge argues the special referee erred in determining a partnership between Cartledge and Respondent Isaac Wright existed. Alternatively, Cartledge claims the court erred in finding a partnership existed as to a specific contract.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18448   In The Interest of Jamal G., A Juvenile Under the Age of Seventeen, Appellant.

Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Assistant Deputy Attorney General Donald Zelenka, and Assistant Attorney General Alphonso Simon, Jr., of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

In this appeal from family court involving a juvenile criminal matter, Jamal G. contends the family court erred in failing to reduce the charge of murder to the lesser charge of voluntary manslaughter.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18711   Patricia Carson Lewin, Respondent, v. Albert Read Lewin, Appellant.

Gregory Samuel Forman, of Charleston, for Appellant. Susan Lynn Brach, of Hilton Head Island, and Blake A. Hewitt and John Nichols, of Columbia, for Respondent.

In this domestic action, Albert Lewin (Father) appeals the family court's order requiring he pay attorney's fees and costs to Patricia Lewin (Mother). Father argues the family court erred in (1) finding Mother was the prevailing party, (2) finding Father's uncooperative conduct contributed to litigation costs, (3) considering the conduct of Father's wife, (4) determining Father's ability to pay, and (5) failing to consider Mother's assets.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18599   Cheryl DiMarco, Respondent, v. Brian A. DiMarco, Appellant.

J. Falkner Wilkes and Nathalie M. Morgan, of Greenville, for Appellant. Kim R. Varner, of Greenville, for Respondent.

In this domestic action, Brian Dimarco argues the family court erred in including rental income and capital gains in its child support calculation, and in awarding excessive attorney's fees and costs to Cheryl Dimarco

 
Tuesday, October 18, 2011
Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18598   Arrow Bonding Company, Respondent, v. Jay Edward Warren, Appellant.

Tara Dawn Shurling, of Columbia, for Appellant. G. Murrell Smith, Jr., of Sumter, for Respondent.

Jay Warren appeals from the Master-in-Equity's denial of his motion to set aside judgment, arguing the master erred in (1) authorizing the sale of his thirteen properties valued aggregately at approximately $263,121 for the bid price of $2,500 made by Arrow Bonding Company (Arrow) and (2) failing to sell Warren's properties individually instead of selling the properties in bulk to Arrow.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18593   Sidney A. Brantley, Respondent, v. Nina Gaskin, as Personal Representative of the Estate of Harold Gaskin, Appellant.

Thaddeus James Doughty, of North Charleston, for Appellant. R. Patrick Flynn, of Charleston, for Respondent.

This appeal arises out of a dispute between Nina Gaskin, as personal representative of the estate of Harold Gaskin and Sidney Brantley, over the enforceability of a settlement agreement entered into by the parties concerning the sale of real estate. On appeal, Sidney Brantley argues that (1) the settlement agreement was not properly approved by the court; and (2) the court violated Sidney Brantley's due process rights by failing to provide proper notice of the motion to approve the settlement and a hearing.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18622   The State, Respondent, v. Richard Kough, Appellant.

Appellate Defender Lanelle Cantey Durant and Appellate Defender Breen R. Stevens, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Sally W. Elliott, and Assistant Attorney General Mark Farthing, of Office of the Attorney General, of Columbia, for Respondent.

Richard Kough appeals his conviction of armed robbery, arguing the trial court erred in admitting (1) an out-of-court identification and (2) evidence seized during a warrantless search of the house in which Kough was arrested.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18710   Ricky H. Foshee and Kyle W. Daniel, Appellants, v. Ginn-LA West End, Limited-Corp; Ginn LA West End. LTD., LLP; Ginn Financial Services. LLC; and Bahamas Sales Associate, LLC, Respondents.

Gene McCain Connell, Jr., of Surfside Beach, for Appellants. John C. Moylan, III, Matthew T. Richardson, Alice W. W. Parham, of Columbia, and Jefferey K. Douglas, Richard P. Alpert, and John MacNaughton, of Atlanta, Georgia, for Respondents.

This appeal arises out of a real property transaction on Grand Bahamas Island by R and K Investments Ltd (R&K), a Bahamian corporation formed by Apellants, Ricky H. Foshee and Kyle W. Daniel. Apellants brought this action as individuals to challenge the sale under the South Carolina Unfair Trade Practices Act and the Interstate Land Sales Full Disclosure Act. Appellants argue the trial court erred in granting Respondents' 12(b)(6) motion to dismiss. Appellants also contend that the trial court erred in converting the hearing to a motion for summary judgment and failing to grant plaintiffs leave to replead or amend their complaint.

 
Wednesday, October 19, 2011
Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18513   The State, Respondent, v. Phillip Miller, Appellant.

Appellate Defender Lanelle Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William Blitch, Jr., of Office of the Attorney General, of Columbia, for Respondent.

Phillip Miller appeals the denial of his motion for a new trial arising from his conviction of possession with intent to contribute cocaine. Miller argues (1) the trial court erred in denying his motion for a new trial because the jury was tainted by a seated juror who did not disclose on voir dire that her mother was the victim of a violent crime and the juror had testified for the state in that trial ten months earlier; and (2) the trial court erred in admitting drugs into evidence when the chain of custody was not complete because the names of three evidence technicians who had access to the drugs in the evidence room at SLED were not included in the chain of custody.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18255   Marcus Martin, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Kaelon E. May, of Office of the Attorney General, of Columbia, for Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

In this post-conviction relief (PCR) case, the State appeals the PCR court's grant of PCR to Marcus Martin regarding his guilty plea to criminal conspiracy, possession of a firearm during the commission of a violent crime, murder, armed robbery, and assault and battery with intent to kill. The State argues the PCR court erred in two findings: (1) Martin did not knowingly and voluntarily enter his guilty plea and (2) Martin was prejudiced.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18261   Robert Anthony James, Petitioner v. State of South Carolina, Respondent.

Appellate Defender Elizabeth Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Brian T. Petrano, of Office of the Attorney General, of Columbia, for Respondent.

In this post-conviction relief (PCR) action, James contends his trial counsel was ineffective for failing to argue that his indictments should be dismissed because the State violated his Sixth Amendment right to a speedy trial. He argues he was prejudiced by this deficiency because the indictments would have been dismissed had the issue been properly raised to the trial judge.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18634   Sign N Ryde, LLC, Appellant, v. Preferred Automotive Group. LLC, and Larry King Chevrolet, LLC, Defendants, Of whom Larry King Chevrolet, LLC is the Respondent.

William S.F. Freeman, of Greenville, for Appellant. Robert Lawrence Reibold, of Columbia, for Respondent.

This appeal arises from Respondent Larry King Chevrolet's sale of two vehicles to Preferred Automotive Group, which then sold them to Appellant Sign-N-Ryde. After Preferred Automotive's check to Larry King Chevrolet was dishonored, Larry King Chevrolet contacted the police and the vehicles were flagged as stolen, resulting in losses to Sign-N-Ryde. Sign-N-Ryde appeals the dismissal of its claims against Larry King Chevrolet for false light invasion of privacy, breach of implied warranty, and violation of the South Carolina Regulation of Manufacturers, Distributors, and Dealers Act.

 
Thursday, October 20, 2011
Room 108
(Court convenes at 9:45 a.m.)
 9:45 a.m. (Time Limits: 10 - 10 - 5)  
18567   Norman M. McLean, James N. McLean, Marie McLean-Choi, Wiliam N. McLean, Robert L. McLean, and JL McLean Properties, LLC, Appellants, v. James B. Drennan, III, as Personal Representative of the Estate of Elizabeth McLean Pence, James E. Brogdon, Sr. as Trustee of the Trust Agreement of Elizabeth McLean Pence dated May 28, 1999, Wachovia Bank National Association, as Personal Representative of the Estate of Elizabeth P. Pence, Wachovia Bank National Association, as Trustee of the Elizabeth P. Pence Trust, Marlboro Academy, Inc., Charles P. Thompson, Jr., Cheri (Cheryl) Brown Thompson, Money to Go, LLC, James J. Pence, Jr., as Personal Representative of the Estate of Stephen Pence, and Harry R. Easterling, Jr., Respondents.

David Alexander, of Greenville, for Appellants. Matthew H. Henrikson, of Greenville, for Respondent James B. Drennan, III. Edward Bilbro Davis, of Charlotte, North Carolina, for Respondent Wachovia Bank, NA. J. Rene Josey and Jeffrey L. Payne, of Florence, for Respondent James E. Brogdon, Sr. John J. James, II, of Darlington, for Respondent Marlboro Academy, Inc. W. Cliff Moore, III, and Jenkins M. Mann, of Columbia, for Respondents Charles P. Thompson, Jr. and Cheri (Cheryl) B. Thompson. James Randall Davis, of Lexington, for Respondent Money to Go, LLC. Harry R. Easterling, Sr., of Bennettsville, for Respondents James J. Pence, Jr., and Harry R. Easterling, Jr.

This appeal arises out of the grant of summary judgment in favor of the respondents. The appellants argue the circuit court erred in: (1) applying Rule 60, SCRCP to bar their claims; (2) finding the Probate Code barred their claims; (3) applying an incorrect statute of limitations period; (4) finding no genuine issues of material fact; and (5) finding various parties did not owe the appellants any duties.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18146   Anthony J. Clark, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Brian T. Petrano, of Office of the Attorney General, of Columbia, for Respondent.

Petitioner, Anthony Clark, seeks review of the PCR court's denial of his request for belated review of his direct appeal issue, and reversal of his conviction for murder based upon the trial court's denial of his motion for directed verdict based upon the insufficiency of the evidence.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18356   Michael Jermaine Goins, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Karen C. Ratigan, of Office of the Attorney General, of Columbia, for Respondent.

Petitioner Michael Jermaine Goins challenges his convictions for drug-related offenses, arguing plea counsel erroneously advised him to plead guilty instead of requesting a suppression hearing to challenge the warrantless search of Goins' motel room.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18264   Marlon Jermaine Smith, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender M. Celia Robinson and Appellate Defender Breen Stevens, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, of Office of the Attorney General, of Columbia, for Respondent.

In this belated appeal from the denial of his application for post-conviction relief, petitioner asserts the PCR judge erred in denying and dismissing his claims of ineffective assistance of trial counsel because trial counsel failed to (1) adequately communicate with petitioner, (2) interview or present the testimony of witnesses, and (3) advise petitioner to testify in his defense.

 
Tuesday, October 4, 2011
Room 110
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18735   B. Wells O'Brien and Carol G. O'Brien, individually and as Trustees of the O'Brien Family Trust, Respondents, v. Kalen J. Bowman, Blue Ridge Custom Builders, Inc., and CWK, LLC, Defendants, of whom Kalen J. Bowman is the Appellant.

J. Falkner Wilkes, of Greenville, for Appellant. T. S. Stern, Jr., of Greenville, and V. Elizabeth Wright, of Greenville, for Respondents.

This appeal arises from a stock purchase agreement between shareholders of a closely-held construction business. B. Wells O’Brien and Kalen J. Bowman entered into a stock purchase agreement where O’Brien purchased a fifty percent interest in Blue Ridge Custom Builders, Inc. After a breakdown in the working relationship between the shareholders, Respondent (O’Brien) filed suit in the Greenville County Court of Common Pleas alleging breach of contract and breach of fiduciary duty and seeking rescission of the stock purchase agreement. The trial court granted rescission of the stock purchase agreement based on fraud in the inducement, and Bowman appeals. He argues that (1) the trial court erred in rescinding the stock purchase agreement based on fraud in the inducement; (2) there is not a sufficient factual basis to support a finding of fraud; (3) acts subsequent to a stock purchase agreement constitute a factual basis for fraud in the inducement of an agreement; and (4) the trial court erred in applying the relevant case law as to fraud and fraud in the inducement to the facts of this case.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18643   Peggy Ann Mullarkey, Respondent, v. David D. Mullarkey, Appellant.

Peggy M. Infinger and Thomas R. Goldstein, of Charleston, for Appellant. Katherine Elizabeth Graham, of Beaufort, for Respondent.

David D. Mullarkey (Husband) appeals the family court's denial of his application for a corrective order amending the terms and conditions of a 1999 order of separate support and maintenance, arguing (1) the family court lacked jurisdiction to award his former wife, Peggy Ann Mullarkey (Wife), any portion of his military retirement earned after the parties' divorce; (2) Husband was allowed to seek the desired relief pursuant to Rule 60(b)(5) of the South Carolina Rules of Civil Procedure; (3) the family court erred in re-writing the 1999 order; and (4) the family court erred in awarding attorney's fees to Wife.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18630   The State, Respondent, v. Arthur Rivers, Appellant.

Tara Dawn Shurling, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal case, Rivers contends the trial court erred in failing to grant his motion for a directed verdict on a resisting arrest charge because the officer had told him he was not under arrest, and thus, there was no arrest to resist. Rivers also argues because his initial detention violated his Fourth Amendments rights, his subsequent statement to police and the drugs found at the scene should have been suppressed and he was therefore entitled to a directed verdict on the drug charges.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18545   James Emmett Sessions and Lousie Green Sessions, Respondents, v. Stephen Michael Platt, Appellant.

Paul B. Ferrara, III, of North Charleston, and George J. Morris, of Charleston, for Appellant. Leonard R. Jordan, Jr., of Columbia, for Respondents.

In this appeal, Stephen Platt argues the master in equity erred in granting summary judgment in favor of James Sessions regarding an ingress-egress easement. James and Louise Sessions filed a complaint in the Dorchester County Court of Common Pleas against Stephen Platt asserting causes of action for injunction, trespass, and private nuisance, alleging Platt had trespassed on Sessions’s vacant land by using and maintaining a portion of an ingress-egress easement on the land. Platt alleges Sessions was estopped from asserting a trespass claim because the easement had been recorded for 60 years. Sessions made a motion for summary judgment and the parties stipulated that Platt had a prescriptive easement. The motion for summary judgment was granted in all respects. Platt appeals the trial court’s ruling, arguing there were issues of material fact such that summary judgment was improper.

 
Wednesday, October 5, 2011
Room 110
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18600   Matthew Campbell, Appellant/Respondent, v. Ashley Robinson, Respondent/Appellant.

David Alexander, of Greenville, for Appellant/Respondent. Kenneth C. Porterfield, of Greenville, for Respondent/Appellant.

In this contract to marry case, Matthew Campbell appeals the trial court's (1) denial of his motion for a directed verdict on his declaratory judgment, claim and delivery, and unjust enrichment causes of action against Ashley Robinson and (2) overruling of his objection to the verdict form and jury charge. Campbell argues the trial court erred in declining to adopt the no-fault, conditional gift rule for determining whether a party must return an engagement ring and issuing a jury charge and verdict form that led the jury to believe it need only consider who called off the engagement. Robinson cross-appeals the jury's finding she was not entitled to reimbursement from Campbell for expenditures and other damages arising from the termination of the engagement. She argues the trial court erred in declining to grant her motion for judgment notwithstanding the verdict, motion for a new trial nisi additur, and motion for a new trial absolute as to damages because the jury's finding that Campbell breached the contract to marry was inconsistent with its finding Robinson was not entitled to damages.

 
Wednesday, October 5, 2011
Room 110
(Court convenes at 10:40 a.m.)
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18357   Kareen Donyell Lee, Petitioner, v. The State, Respondent.

Assistant Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Karen Ratigan, of Office of Attorney General, of Columbia, for Respondent.

In this post-conviction relief (PCR) action, Lee contends the PCR court erred in not finding plea counsel ineffective for failing to have Lee evaluated for competency before his guilty plea when a competency hearing held a month after his plea revealed Lee had an IQ of 61 and was not competent to stand trial.

 
Wednesday, October 5, 2011
Room 110
(Court convenes at 11:20 a.m.)
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18355   Joseph Walker, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mary S. Williams, and Staff Attorney Robert D. Corney, of the Office of the Attorney General, of Columbia, for Petitioner. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

In this post-conviction relief (PCR) action, the State appeals the trial court’s granting of PCR to Joseph Walker arising from his conviction of first degree criminal sexual conduct and kidnapping. The State argues that the trial court erred (1) in finding Walker’s counsel was ineffective for failing to interview an alibi witness when Walker failed to notify his counsel about the existence of the witness and the witness’s testimony failed to establish an alibi; and (2) in finding cumulative error where no individual, constitutional error was found.

 
Wednesday, October 5, 2011
Room 110
(Court convenes at 12:00 p.m.)
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18564   Christopher Price, Claimant, v. Peachtree Electrical Services, Inc. and Builders Mutual Insurance Company, Employer/Carrier, Respondents, v. Bob Wire Electric, Inc., Self-insured Employer, through South Carolina Home Builders Association SIF, Appellants.

Kirsten Leslie Barr, of Mt. Pleasant, for Appellants. Richard C. Detwiler, of Columbia, for Respondent.

Bob Wire Electric, Inc. and the South Carolina Homebuilders Association Injury Fund (Appellants) contend the circuit court erred in affirming the order of the worker’s compensation commission requiring Appellants to reimburse Peachtree Electrical Services, Inc. for disability payments made to Claimant resulting from an alleged second injury sustained while working for Bob Wire Electrical. Appellants claim the worker’s compensation commission lacks jurisdiction to require such reimbursement when Claimant never filed a claim against them and settled his claim against Peachtree Electrical for $50,000 with Peachtree relinquishing any lien against $540,000 in proceeds Claimant received from his negligence claim against another third-party.

 
 
Cases to be Submitted Without Oral Argument
18021    Dr. Brad R Johnson, Appellant v. Lewis W Hall, Lewis V. Hall, LW Hall Enterprises, LLC, Cold Air AC Service, Inc., Respondents.

18054    Brenda R. Babb, Appellant, v. Susan S. Shaw, Cynthia S. Hattersley, and Jay Hattersley, Respondents.

18182    George Way, Appellant, v. Mary Way, Respondent.

18195    William Deans, # 204228, Appellant, v. South Carolina Department of Corrections, Respondent.

18214    The State, Respondent, v. Clarence Culbertson, Appellant.

18246    The State, Respondent, v. Donniel Woods, Appellant.

18268    Lisa Martin, Employee, Respondent, v. Michelin North America, Inc., Employer and Arch Insurance Company, Carrier, Appellants.

18275    Stephen Plough, Appellant, v. South Carolina Department of Corrections, Respondent.

18302    Charles Edward Deese, Jr., Appellant, v. Stephen Schmutz, Respondent.

18319    The State, Respondent, v. Johnny Ray Wilkins, Appellant.

18329    The State, Respondent, v. Mitchell Douglas Watts, Appellant.

18362    The State, Respondent, v. Eddie Evans, Appellant.

18364    The State, Respondent, v. Lamont Antwan Delaney, Appellant.

18389    Travis Self, Appellant, v. South Carolina Department of Corrections, Respondent.

18390    Tamira S. Smith, Claimant, Respondent, v. GLJ Inc. et al., Employer, and SC Uninsured Employers Fund, Defendants, Of Whom SC Uninsured Employers Fund is the Appellant.

18392    Brenda R. Babb, Appellant, v. Carey E. Graham, Southbridge Cable Television, LLC, and Cable Plus of Carolina, Inc, Defendants, Of Whom Carey E. Graham is the Respondent.

18393    Alan Burns, #143218, Appellant, v. South Carolina Department of Corrections, Respondent.

18407    The State, Respondent, v. Terrell Lynwood McCoy, Appellant.

18409    The State, Respondent, v. Jaques Jamar Sullivan, Appellant.

18410    The State, Respondent, v. Norris Hennesey Smith, Appellant.

18424    Ris'e D. Jackson, Sheena Sophia Jackson, and Joel Barry Jackson, II, Respondents, v. Michael Shawn Thomas, Alex J. Newton, Household Asset Co., Inc., of whom Michael Shawn Thomas and Household Asset Co., Inc. are Appellants.

18426    Leila Miriam Carroll, Appellant, v. Anderson Brothers Bank, Respondent.

18441    The State, Appellant, v. Joseph Leon Zoller, Respondent.

18443    The State, Respondent, v. Billy Jo Shirar, Appellant.

18445    The State, Respondent, v. Daniel J. Jenkins, Appellant.

18466    The State, Respondent, v. James P. Austin, Appellant.

18470    The State, Respondent, v. Norwood Lee Jordan, Appellant.

18475    The State, Respondent, v. Christopher Lee Deaner, Appellant.

18476    The State, Respondent, v. Mokeia Hammond, Appellant.

18478    The State, Respondent, v. Dorlisa T. Breazeal-Young, Appellant.

18482    The State, Respondent, v. Tyquan Cohen, Appellant.

18484    The State, Respondent, v. Roy Johnson, Jr., Appellant.

18514    In The Matter of The Care And Treatment of James Carl Miller, Appellant.

18519    The State, Respondent, v. Jermel Anthony Robinson, Appellant.

18520    The State, Respondent, v. Steven Lecroy, Appellant.

18527    The State, Respondent, v. Teron Hakeen Jackson, Appellant.

18538    The Estate of Phobe Weinberg, Respondent, v. Robert Laubshire, Appellant.

18539    Waccamaw Bank, Respondent, v. Myrtle Beach Smokestack Lightning, LLC, Ramsey Company, Inc., Athalia S. Ramsey, Jasper Ramsey, Bhupendra C. Patel, Wayne Faulk, Michael Bert Anderson, South Carolina Department of Revenue, United States of America acting by and through its agency, The Internal Revenue Service, Of whom Bhupendra C. Patel is the Appellant.

18582    Leila Miriam Carroll, Appellant, v. Travis Oliver Johnson and Alan Travis Johnson d/b/a Sonrise Planters, Respondents.

18610    The State, Respondent, v. Richard Bill Niles, Jr., Appellant.

18615    The State, Respondent, v. Alonzo Etheredge, Appellant.

18683    In The Matter Of The Care And Treatment Of Alton M. Chisolm, Appellant.

18694    The State, Respondent, v. Norwood Lee Jordan, Appellant.

18696    The State, Respondent, v. Bryan S. Doll, Appellant.

18708    Judy M. Joye, Appellant, v. Better Brands, Inc. & Worsley Companies, Defendants, Of Whom Worsley Companies is the Respondent.

18734    Rene McMasters now known as Rene McMasters Ronaghan, Respondent, v. H. Wayne Charpia a/k/a Howard W. Charpia and Jody E. Charpia, Defendants, Of Whom H. Wayne Chapia, a/k/a Howard W. Charpia, is the Appellant.

18761    The State, Respondent, v. James Clifford Cunningham, Appellant.

18776    The State, Respondent, v. Jason Phillips, Appellant.

18786    The State, Respondent, v. Johnnie W. Walker, Appellant.