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October 2014 |
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, October 6, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-204146 The State, Respondent,
v.
Marty Baggett, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Appellant argues the trial court erred in failing to direct a verdict of aquittal in his favor on the charge of felony driving under the influence where the State failed to present evidence of video recording of his conduct at the incident site. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-208640 The State, Respondent,
v.
Antonio Miller, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General J. Anthony Mabry, all of Columbia, for Respondent. Solicitor James Strom Thurmond, Jr., of Aiken, for Respondent. Antonio Miller appeals his convictions of murder, kidnapping, burglary in the first degree, and possession of a firearm during the commission of a violent crime. He argues the trial court erred denying his motion to suppress evidence located in a residence and vehicles on the property because the search warrant affidavit did not provide the magistrate with a reliable sufficient nexus to provide probable cause that the residence was his home and he was hiding drugs, weapons, or the fruits of a murder within the home. He also argues his sentence for kidnapping should be vacated because it was improper due to his sentence for murder. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-211392 George W. Thomas, Employee, Respondent,
v.
5 Star Transportation, Employer, and S.C. Uninsured Employers Fund, Carrier,
Of whom 5 Star Transportation is the Appellant. Michael E. Chase and Carmelo Barone Sammataro, both of Turner Padget Graham & Laney, PA, of Columbia, for Appellant. Malcolm M. Crosland, Jr. of The Steinberg Law Firm, LLP, of Charleston, for Respondent. In this workers' compensation case, 5 Star Transportation appeals the Workers' Compensation Commission's awarding benefits to Emily Thomas as George Thomas's putative or common law spouse. 5 Star contends the Commission erred in finding George's injuries arose out of and in the course of scope of his employment because he suffered an aneurysm. 5 Star also maintains the Commission erred in finding Emily was George's surviving spouse because George was already married when they married. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-211981 The State, Respondent,
v.
Marcus Daniel Allison, Appellant. Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, of Columbia, for Respondent. Marcus Daniel Allison appeals from his convictions of first-degree burglary and grand larceny. Allison contends the trial court erred in (1) ruling he could only argue third-party guilt if the jury was also charged on "the hand of one is the hand of all" theory of accomplice liability, as the State agreed there was no evidence of third party guilt, and (2) failing to suppress evidence found behind an allegedly freshly glued drawer facing as well as evidence of pry marks on a burglarized camper, because the State lost or destroyed photographs of the drawer facing and pry marks. |
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Tuesday, October 7, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-212057 The State, Respondent,
v.
Dominique Jarard Shumate, Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mary Shannon Williams, both of Columbia, for Respondent. Dominique J. Shumate appeals his convictions of trafficking cocaine base, possession of a weapon during the commission of a violent crime, distribution of cocaine base, possession of a controlled substance and possession of crack cocaine, arguing the trial court erred in refusing to (1) suppress evidence found pursuant to a search warrant that was returned to the chief magistrate rather than the issuing magistrate; (2) suppress evidence where the search warrant allegedly lacked probable cause; (3) direct verdicts of acquittal because Shumate was merely present where the drugs and weapon were found; and (4) direct a verdict of acquittal for the distribution charge. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-001257 David Michael Hollis, Appellant,
v.
Fairfield County, Philip Hinely, Davis Anderson, and David Brown, in their individual capacities, Respondents. J. Lewis Cromer, Julius Wistar Babb, IV, and James Paul Porter, all of J. Lewis Cromer & Associates, LLC, of Columbia, for Appellant. Derwood L. Aydlette, III, of Gignilliat Savitz & Bettis, LLP, of Columbia, for Respondents. David Michael Hollis appeals the circuit court's grant of judgment on the pleadings in favor of Fairfield County, Philip Hinley, Davis Anderson, and David Brown. Hollis contends the circuit court erred in determining he was a public official so as to require actual malice in proving a defamation claim. Hollis further argues the circuit court erred in concluding his civil conspiracy claim against the individual defendants was barred based on his status as an at-will employee and public official. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-213245 Crossmann Communites of North Carolina, Inc., and Beazer Homes Investment Corp., Appellants,
v.
Harleysville Mutual Insurance Company, Cincinnati Insurance Company, Defendants,
Of Whom Cincinnati Insurance Company is the Respondent. David B. Miller of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Appellants. Martin M. McNerney, and Taylor T. Lankford, both of Washington DC, for Appellants. Franklin J. Smith, Jr. of Richardson Plowden & Robinson, PA, of Columbia, for Respondent. In this insurance dispute, Crossmann Communities of North Carolina, Inc. and Beazer Homes Investment Corp. (Appellants) appeal the trial court's order finding Cincinnati Insurance Company (Cincinnati) has no obligation to Appellants for costs incurred by Beazer Homes Investment Corp. to repair property damage at several condominium projects. On appeal, Appellants argue the trial court erred in (1) determining insurance policies underlying Cincinnati's policies were not exhausted; and (2) finding Cincinnati was not bound by a 2007 judgment. |
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Wednesday, October 8, 2014 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000717 Joseph D. McMaster, Appellant,
v.
John H. Dewitt, M.D. and Carolina Psychiatric Services, P.A., Respondents. Charles L. Henshaw, Jr. of Furr & Henshaw, of Columbia, for Appellant. Robert Gerald Chambers, Jr. and Carmelo Barone Sammataro, both of Turner Padget Graham & Laney, PA, of Columbia, for Respondent Carolina Psychiatric Services, P.A. James Edward Bradley, John Calvin Bradley, Jr, and Margaret Amelia Hazel, all of Moore Taylor Law Firm, of West Columbia, for Respondent Dewitt. The appellant Joseph McMaster argues the trial court erred in granting summary judgment on his medical malpractice claims against the respondents John Dewitt and Carolina Psychiatric Services, P.A. because there was a genuine issue of material fact regarding whether the statute of limitations ran before he filed his claims. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000511 Bruce Miller, Appellant,
v.
Columbia Forest, Inc., Forest Hatch and Ida M. Singleton, Respondents. James H. Moss of Moss Kuhn & Fleming, PA, of Beaufort, for Appellant. Colden R. Battey, Jr. of Harvey & Battey, PA, of Beaufort, for Respondents. In this civil appeal, Bruce Miller argues error in two separate orders from the Master-in-Equity. First, Miller contends the master erred in vacating the entry of default against Ida M. Singleton. Second, Miller contends the master erred in finding he did not acquire title by adverse possession to property titled in Singleton's name. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-000869 The State, Respondent,
v.
Dwayne Eddie Starks, Appellant. John Edward Robinson of McDowell Law Offices, of Charleston, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe Bigelow, both of Columbia, SC for Respondent. Dwayne Eddie Starks appeals his convictions for armed robbery and possession of a firearm in the commission of a crime, arguing the admission of identification evidence deprived him of his right to due process because the identification procedure used by law enforcement was unnecessarily suggestive and conducive to irreparable mistaken identification. |
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Thursday, October 9, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-000931 David G. Jones, Employee/Claimant, Appellant,
v.
Warden & Smith Concrete, Employer, and Bridgefield Casualty Insurance Company c/o Summit Holdings, Inc., Carrier, Respondents. John S. Nichols and Blake Alexander Hewitt, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. William L. Smith, II of Chappell Smith & Arden, of Columbia, for Appellant. Nicolas Lee Haigler, of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Respondents. In this workers' compensation case, Claimant David G. Jones appeals the order of the Appellate Panel, arguing the findings in the order are without evidentiary support and the Appellate Panel's decision is therefore erroneous as a matter of law. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000790 Alice Branton, Respondent,
v.
Nolan Corbitt, Appellant. Leon Edward Green of Leon E. Green, PC, of Aiken, for Appellant. Gregory P. Harlow of Harlow Law Offices, PA, of Aiken, for Respondent. Douglas Kosta Kotti, of Columbia, for Respondent. Patrick A. McWilliams, of Aiken, guardian ad litem. Nolan Corbitt (Father) appeals the family court's order regarding his parental rights to his minor daughter. Father argues the family court lacked jurisdiction and erred in: (1) finding Father's termination of parental rights consent form was valid, (2) finding Father's consent form could not be withdrawn, and (3) failing to find Father's consent form was expired, and thus, invalid pursuant to sections 63-9-750 and 63-7-2530(C) of the South Carolina Code. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000748 The State, Respondent,
v.
Eric VanCleave, aka Eric N. VanCleave, Appellant. Robert T. Williams, Sr., and Benjamin Allen Stitely, both of Williams Hendrix Steigner & Brink, PA, of Lexington, for Appellant. Attorney General Alan McCrory Wilson of Columbia and Assistant Attorney General William M. Blitch, Jr., of Columbia, for Respondent. Eric VanCleave appeals his convictions for criminal sexual conduct with a minor in the second degree, committing a lewd act upon a child, assault and battery of a high and aggravated nature, and criminal sexual conduct in the third degree. VanCleave argues the circuit court erred in (1) allowing the State to proceed with new indictments presented in 2013, (2) allowing into evidence testimony on prior and other bad acts allegedly committed by him, and (3) not granting his motions for directed verdict. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-001141 Grand Bees Development, LLC, Respondent,
v.
South Carolina Department of Health and Environmental Control and County of Charleston, Appellants. Bernard E. Ferrara, Jr., Bradley Allen Mitchell, Joseph Dawson, III, Austin Adams Bruner, and Johanna Serrano Gardner, all of North Charleston, for Appellant County of Charleston. Jacquelyn Sue Dickman and Etta R. Linen, both of Columbia, for Appellant SCDHEC. George Trenholm Walker of Pratt-Thomas Walker, PA, of Charleston, for Respondent Grand Bees Development, LLC. Jamie A. Khan and Ross A. Appel, both of McCullough Khan, LLC, of Charleston, for Respondent Grand Bees Development, LLC. South Carolina Department of Health and Environmental Control (DHEC) appeals the Administrative Law Court's order reversing DHEC's decision and vacating the Second Permit Modification to the construction, demolition, and land-clearing debris landfill permit for the Bees Ferry Landfill. DHEC argues the ALC erred in concluding that: (1) Ordinance 180, Section 10-22 is applicable and DHEC's failure to review the ordinance was significant; (2) DHEC is required to consult all applicable land use ordinances pursuant to S.C. Code Ann. ยง 44-96-290(F); (3) the Second Permit Modification is not compliant with local zoning and land use regulations; and (4) there is no evidence in the record that DHEC performed a regulatory compliance determination with respect to its own one thousand foot setback restriction. The County of Charleston appeals the ALC's order, contending the court erred in: (1) reversing DHEC's decision to grant a solid waste permit to the county based on DHEC's failure to review Ordinance 180, section 10-22, (2) concluding that the Second Permit Modification did not comply with the county's vegetative buffer regulation, and (3) interpreting the term "residence" under the one thousand foot setback restriction to include planned residences and residences shown on an approved site plan. |
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12:40 p.m. | (Time Limits: 10-10-5) |
2012-213321 Fatima Karriem, through her court appointed guardian, Phillip Simmons, Appellant,
v.
Sumter County Disabilities and Special Needs Board, Respondent. Joseph Thomas McElveen, III, and John Richard Moorman, both of Bryan Law Firm of SC, L.L.P., of Sumter, for Appellant. G. Murrell Smith, Jr. of Lee, Erter, Wilson, Holler & Smith, LLC, of Sumter, for Respondent. Steven Barry Johnson, of Columbia, for Respondent. In this negligence case, the appellant Fatima Karriem, through her court-appointed guardian Phillip Simmons, appeals the trial court's granting of summary judgment in favor of the respondent Sumter County Disabilities and Special Needs Board. She argues the court erred in applying a negligence standard as opposed to applying a gross negligence standard, and asserts there is a genuine issue of material fact regarding whether the respondent was grossly negligent in supervising Karriem. |
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Tuesday, October 14, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-213215 The State, Respondent,
v.
Darrell Lee Birch, Appellant. Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Darrell Lee Birch appeals his convictions for possession with intent to distribute cocaine base and for possession of ecstasy, arguing the trial court erred in (1) refusing to suppress the drug evidence because his mere presence at a home lawfully searched did not create probable cause to search him, the officer lacked reasonable suspicion for a Terry stop and frisk, and the search exceeded the scope of a pat-down when the officer forcibly removed Birch's hand from his pocket; (2) denying Birch's motion for a continuance; and (3) refusing to grant a mistrial because an officer's testimony constituted improper prior bad acts evidence. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-001386 Carol Reid Smallwood, Barbara Reid Strickland, Ann Reid Hamlin, William L. Reid, III, Judith Lawrence Medlin, and Frances Patterson Lawrence, Appellants,
v.
Helen M. Lee, Linda Lee and Joe Lee, Jr. as Co-Trustees of the Joseph H. Lee, Sr. Family Trust U/W, Respondents. John Evans James, III, of Winnsboro, for Appellants. Kevin Michael Hope, of Florence, for Respondents. Appellants appeal the trial court's finding that they did not have a prescriptive easement over Respondents' property. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-001447 Kennedy Funding, Inc., as predecessor-in-interest, and BNP Paribas, Respondents,
v.
Pawleys Island North, LLC, Will Darwin Wheeler, Peggy Wheeler-Cribb, and J. Mars Sapp, Defendants,
Of Whom Pawleys Island North, LLC, Will Darwin Wheeler, and Peggy Wheeler-Cribb are the Respondents,
And J. Mars Sapp is the Appellant. Thomas Whatley Bunch, II, Paul Hamilton Hoefer, and Daniel T. Brailsford, all of Robinson McFadden & Moore, PC, of Columbia, for Appellant. Robert H. Gwin, III, of Gwin Law Office, LLC, of Myrtle Beach, for Respondent Pawley's Island North, LLC, Respondent Will Darwin Wheeler, and Respondent Peggy Wheeler-Cribb. Robert Hope Jordan and Frederick Elliotte Quinn, IV, both of Parker Poe Adams & Bernstein, LLP, of Charleston, for Respondent Kennedy Funding, Inc. as predecessor-in-interest, and Respondent BNP Paribas. This case is before this court on remand from the supreme court for a ruling on the issue of whether the fraudulent conveyance between Will Darwin Wheeler and Pawleys Island North, LLC, rendered a mortgage void and, therefore, J. Mars Sapp's lien is superior to Kennedy Funding, Inc.'s lien. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-001454 James Luther Plemmons and Wanda Sue Clark Plemmons, Appellants,
v.
State Farm Mutual Automobile Insurance Company, Plaza Insurance Company, The Stover Company, Inc., and Howard E. Newton, III, Defendants,
Of Which State Farm Mutual Automobile Insurance Company is the Respondent. Duane Alan Lazenby and Ginger D. Goforth, both of Lazenby Law Firm, LLC, of Spartanburg, for Appellants. Andrew J. Johnston, of Spartanburg, for Appellants. Charles R. Norris of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Respondent. James Luther Plemmons and Wanda Sue Clark Plemmons appeal the circuit court's grant of summary judgment in favor of State Farm Mutal Automobile Insurance Company. The Plemmonses maintain the circuit erred in not permitting them to stack UIM coverage from an inoperable vehicle secured on James's tow truck during an accident with a third party. |
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Wednesday, October 15, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-001763 Everett Davis, Employee, Claimant, Appellant,
v.
Southlake Transport, Inc., Employer, and Lumberman's Underwriting Alliance, Carrier, Defendants, Respondents. John Derrick Clark of Clark Law Firm, LLC, of Sumter, for Appellant. M. Chad Abramson and Weston Adams, III, both of McAngus Goudelock & Courie, LLC, of Columbia, for Respondents. Helen Faith Hiser of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondents. In this appeal from the Workers' Compensation Commission (Commission), Appellant Everett Davis argues the Commission erred in: (1) finding Appellant's knee problems are not causally related to his work injury; (2) finding Appellant has not proven that his current need for additional medical treatment and knee replacement is not related to his work injury; and (3) finding Appellant reached maximum medical improvement (MMI) for his left knee and back. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-001479 The SPUR at Williams Brice Owners Association, Inc., Respondent,
v.
Sunil V. Lalla and Sharan W. Lalla, Appellants. S. Jahue Moore and John Calvin Bradley, Jr., both of Moore Taylor Law Firm, P.A. of West Columbia, for Appellants. D. Reece Williams, III, and Brian Matthew Lysell, both of Callison Tighe & Robinson, LLC, of Columbia, for Respondent. Sunil V. Lalla and Sharon W. Lalla (collectively Appellants), co-owners of a unit in a horizontal property regime known as The Spur, seek review of the trial court's order allowing The Spur to enforce a restrictive covenant prohibiting Appellants from renting their unit to enrolled college students. Appellants argue the restriction has no reasonable basis and discriminates against a specific class of individuals. Appellants further argue the trial court erred in failing to hold the restrictive covenant null and void. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-213731 The State, Respondent,
v.
James Roscoe Scofield, Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Solicitor David Matthew Stumbo, of Greenwood, for Respondent. In this criminal appeal, James Scofield argues the circuit court erred in denying his motion for directed verdict on the charge of conspiracy to commit murder. |
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1:00 p.m. | (Time Limits: 10-10-5) |
2010-176707 The State, Respondent,
v.
Theodore Manning, Appellant. Luke Adcock Shealey and Elizabeth Fielding Pringle, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.. Theodore Manning appealed his conviction for voluntary manslaughter, arguing the trial court erred by refusing to: (1) exclude a photograph of the victim's charred skeletal remains; (2) suppress a search warrant and the evidence seized pursuant to it; (3) conduct a full evidentiary hearing to determine whether he was immune from prosecution under the Protection of Persons and Property Act (the Act); and (4) give a jury charge based on the Act. This court has granted both Manning's and the State's petitions for rehearing. |
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Thursday, October 16, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-001814 South Carolina Second Injury Fund, Appellant,
v.
Griffco of Wampee, Inc., Employer, and Commerce & Industry Insurance Company, Carrier, Respondents.
In re:
Patricia Fore, Employee, Claimant,
v.
Griffco of Wampee, Inc., Employer, and AIG Domestic Claims, Carrier, Defendants, Respondents Latonya Dilligard Edwards of Dilligard Edwards, LLC, of Columbia, for Appellant. Weston Adams, III and James H. Lichty, both of McAngus Goudelock & Courie, LLC, of Columbia, for Respondents. Helen Faith Hiser of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondents. The South Carolina Second Injury Fund (the Fund) challenges the Appellate Panel of the South Carolina Workers' Compensation Commission's (the Appellate Panel) decision ordering reimbursement to Griffco of Wampee, Inc. (Employer) and Commerce & Industry Insurance Co. (collectively, Carrier). The Fund argues the Appellate Panel erred in finding: (1) the Fund was required to reimburse Carrier pursuant to section 42-9-440(a) of the South Carolina Code, and (2) the claim was not barred by section 42-7-320(B) of the South Carolina Code. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2010-177147 Edward Freiburger, Petitioner,
v.
State of South Carolina, Respondent. John H. Blume, III of Blume Norris & Franklin-Best LLC, of Columbia, for Petitioner. Lindsey Sterling Vann, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Megan E. Harrigan, both of Columbia, for Respondent. In this appeal from the denial of PCR, the petitioner Edward Freiburger argues the PCR courrt erred in refusing to grant him a new trial because (1) trial counsel was ineffective for not challenging the State's ballistics evidence, (2) the State failed to disclose evidence, (3) the petitioner's confrontation clause rights were violated by the introduction of testimonial hearsay evidence, and (4) trial counsel was ineffective for not raising a confrontation clause issue. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-001837 Joseph Barilotti, Appellant,
v.
Ocean Course Golf Club, LLC, Respondent. Melissa Ashley Fried of Altman & Coker, LLC, of Charleston, for Appellant. Christopher Joseph McCool of Joye Law Firm, LLP, of Noth Charleston, for Appellant. Robert H. Hood, James Bernard Hood, and Anne Smith Reid, all of Hood Law Firm, LLC, of Charleston, for Respondent. Deborah Harrison Sheffield, of counsel to Hood Law Firm, LLC, of Charleston, for Respondent. In this premises liability case, Plaintiff Joseph Barilotti appeals the grant of a directed verdict to Defendant Ocean Course Golf Club, LLC, arguing (1) the trial court improperly weighed the evidence in view of evidence indicating that Ocean Course Golf Club created the hazardous condition and should have anticipated Barilotti's injury, (2) the trial court erred in admitting evidence that was never produced during discovery and unfairly prejudicial to Barilotti, and (3) the trial court erred in not allowing Barilotti to impeach the testimony of a witness regarding a prior slip and fall on another bridge on the same golf course on which Barilotti fell. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-002077 South Carolina Department of Corrections, Appellant,
v.
Johnnie L. Bryant, Respondent. Christopher D. Florian, of Columbia, for Appellant. Daniel John Crooks, III, for Appellant. Marshall L. Horton and Lindsay Yoas Goodman, both of Horton Law Firm, LLC, of Bluffton, for Respondent. This is an appeal from the Administrative Law Court (ALC) involving the South Carolina Department of Correction's (SCDC) termination of Johnnie L. Bryant. SCDC argues the ALC erred in affirming the State Employee Grievance Committee's (Committee) decision that SCDC had acted wrongfully in their termination of Bryant. Specifically, SCDC argues the ALC erred by (1) upholding the Committee's use of the incorrect standard of review, (2) ruling that Bryant's statements were not inconsistent or contradictory, and (3) affirming the Committee's finding that there was a causal connection between the filing of Bryant's civil lawsuit and the SCDC's decision to take corrective action. |
Tuesday, October 7, 2014 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-213441 Glenda Couram, Appellant,
v.
Lula N. Davis, Shirley Rivers, Constance "Connie" Rhett, Marcia Adams, Dottie Blankenship, Tosha Autry, Steven W. Lake, and SC Department of Motor Vehicles, in their official and individual capacities, Respondents. Glenda R. Couram, pro se, for Appellant. Eugene Hamilton Matthews, of Richardson Plowden & Robinson, PA, of Columbia, for Respondents. In this civil appeal, Glenda Couram argues the circuit court erred in dismissing her claims for gross negligence, defamation, intentional infliction of emotional distress, and civil conspiracy. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-213506 Trident Medical Center, LLC, d/b/a Berkeley Medical Center, Appellant/Respondent.
v.
South Carolina Department of Health and Environmental Control and Roper St. Francis Hospital - Berkeley d/b/a Roper St. Francis Hospital,
Of Whom South Carolina Department of Health and Environmental Control is the Respondent and Roper St. Francis is the Respondent/Appellant.
Trident Medical Center, LLC, d/b/a Berkeley Regional Medical Center, Appellant/Respondent.
v.
South Carolina Department of Health and Environmental Control, and Roper St. Francis Hospital-Berkeley, Inc. d/b/a Roper St. Francis Hospital-Berkeley,
Of whom South Carolina Department of Health and Environmental Control is the Respondent and Roper St. Francis is the Respondent/Appellant.
CareAlliance Health Services and Roper St. Francis Hospital-Berkeley, Respondents/Appellants,
v.
South Carolina Department of Health and Environmental Control and Trident Medical Center, LLC, Respondents,
Of whom Trident Medical Center, LLC is the Appellant. David Beam Summer, Jr., William R. Thomas, and Faye Anne Flowers, all of Parker Poe Adams & Bernstein, LLP, of Columbia, for Appellant/Respondent. James Grant Long, III, Tanya Amber Gee, and Jennifer Joan Hollingsworth, all of Nexsen Pruet, LLC, of Columbia, for Respondents/Appellants. Ashley Caroline Biggers, William Marshall Taylor, Jr., and Vito Michael Wicevic, all of Columbia, for Respondent. These cross-appeals involve a decision of the South Carolina Administrative Law Court upholding the issuance of Certificates of Need (CON) by Respondent South Carolina Department of Health and Environmental Control to both Respondent-Appellant Roper St. Francis Hospital-Berkeley (Roper) and Appellant-Respondent Trident Medical Center, LLC (Trident). Trident challenges the issuance of a CON to Roper, arguing that the bed transfer standard in the State Health Plan allows a transfer of beds only between hospitals that are already in existence. Roper argues that if it is not allowed to transfer existing beds to a new site to construct a new hospital, then Trident must also be prohibited from transferring facility-specific bed need to a new site to construct a new hospital. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-213524 First South Bank, Respondent,
v.
South Causeway, LLC, Appellant. James Mixon Griffin of Lewis Babcock & Griffin, LLP, of Columbia, for Appellant. Joel W. Collins, Jr. and Christian Stegmaier, both of Collins & Lacy, PC, of Columbia, for Respondent. In this commercial foreclosure action, South Causeway appeals, arguing the trial court erred by: (1) granting a directed verdict against South Causeway regarding its claim for tortious interference with a prospective contract; (2) refusing to admit email correspondence on the basis of hearsay; and (3) denying South Causeway's motion for JNOV or in the alternative, motion for a new trial on its breach of contract claims. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-213548 The State, Respondent,
v.
Damon T. Brown, Appellant. Appellate Defender Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. In this criminal sexual abuse case, Damon Brown appeals his conviction and contends the circuit court abused its discretion by admitting testimony at trial from the State's expert witness regarding general behavior characteristics of sex abuse victims, arguing such testimony (1) was within the realm of lay knowledge, (2) improperly bolstered the minor complainants' credibility, and (3) was prejudicial to Brown. |
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Wednesday, October 8, 2014 | |
Courtroom II
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000466 The State, Respondent,
v.
Tyler, Larry James, Appellant. Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, of Columbia, for Respondent. In this appeal from his conviction of contributing to the delinquency of a minor, Appellant Larry James Tyler argues the trial court erred in denying his directed verdict based on the insufficiency of the evidence against him. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000971 Helicopter Solutions, Inc. d/b/a Helicopter Adventures, Respondent,
v.
Richard Hinde and Horry County Zoning Administrator, Defendants,
Of whom Richard Hinde is the Appellant. Kenneth Ray Moss of Wright, Worley, Pope, Ekster & Moss, PLLC, of North Myrtle Beach, for Appellant. David B. Miller and Benjamin Albert Baroody, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Respondent. Richard Hinde (Appellant) seeks review of the trial court's holding that reversed an order of the Horry County Board of Zoning Appeals. Appellant argues that the trial court erred by: (1) failing to recognize as and defer to the findings of fact made by the Horry County Zoning Board of Appeals, and (2) including a helicopter tour facility as a permitted use within the Horry County Amusement Commercial zoning district. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-000550 In the Matter of the Estate of Willie Rogers Deas
Carolyn Deas, Respondent,
v.
Marvadine Giles a/k/a Marvdine Giles, Willie Deas, Jr., Michelle Deas, Rodney Branton, Moya Branton, Whitney Beaufort,
Of whom Marvadine Giles a/k/a Marvdine Giles is the Appellant. Charles S. Goldberg, James K. Holmes, and Malcolm M. Crosland, Jr., all of The Steinberg Law Firm, LLP, of Charleston, for Appellant. Andrew T. Shepherd, Katherine H. Hyland, and Gregory L. Hyland, all of Hart Hyland Shepherd, LLC, of Summerville, for Respondent. In this probate action, Marvadine Giles appeals the circuit court's order dismissing her appeal from the probate court for lack of appellate jurisdiction, arguing the notice of appeal was timely received by the probate court and opposing counsel as well as timely delivered to the Post Office box designated by the clerk of the circuit court. |
|
12:40 p.m. | (Time Limits: 10-10-5) |
2012-213579 Cashman Properties, LLC, Respondent,
v.
WNL Properties, LLC; E. Oswald Lightsey Trust f/b/o Louise Lightsey Baughman; the Trust under Will of E. Oswald Lightsey dated August 8, 1958, and Codicil dated March 23, 1976, for the Benefit of Lillian Lightsey Drawdy; and the Trust Under Will of E. Oswald Lightsey for the Benefit of Claudia Lightsey Ware, Appellants. James Ashley Twombley of Twenge & Twombley, LLC, of Beaufort, for Appellants. John S. Nichols, of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Respondent. James P. Scheider, Jr., Roberts Vaux, and Mark S. Berglind, all of Vaux & Marscher, PA, of Bluffton, for Respondent. In this property dispute, Appellants appeal the trial court's finding that the parties are co-owners, as tenants in common, of a pier located in Beaufort County, South Carolina. Appellants contend the trial court erred in: (1) granting a declaratory judgment to Cashman Properties; (2) making factual findings and conclusions of law that were not supported by the evidence; and (3) making ex mero motu holdings. |
|
Cases to be Submitted Without Oral Argument | |
2013-002441 |
The State, Respondent,
v.
Janet Margaret Watkins, Appellant.
|
2012-212937 |
The State, Respondent,
v.
Andre Courtney Wallace, Appellant.
|
2013-001654 |
William R. Gainey, Respondent,
v.
Christine H. Gainey, Appellant.
|
2012-208889 |
Dennis L. Snipes, Jr., Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001052 |
The State, Respondent,
v.
Leandro Aguirre, Appellant.
|
2012-213281 |
City of Fort Mill, Appellant,
v.
Colin Duane Fitzgerald, Respondent.
|
2011-193567 |
The State, Respondent,
v.
Samuel Dingle, Appellant.
|
2013-000338 |
The State, Respondent,
v.
Boris Phillips, Appellant.
|
2013-000671 |
The State, Respondent,
v.
Tamar Bryant, Appellant.
|
2012-212649 |
Tony Lynn, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000227 |
The State, Respondent,
v.
Troy Hunter, Appellant.
|
2013-001543 |
The State, Respondent,
v.
Hubert Brown, Appellant.
|
2013-000696 |
The State, Respondent,
v.
Regan Berkley Chrisley, Appellant.
|
2012-212102 |
City of Georgetown, Respondent,
v.
Willie Singleton, Appellant,
|
2013-002602 |
Becky Lynette West, Appellant,
v.
Luck Avenue Properties, Inc., a/k/a Luck Avenue Properties, LLC, Respondent.
|
2012-212811 |
Devin S. Gantt, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000279 |
Johnson Koola, Appellant,
v.
Cambridge Two, LLC, Albert V. Estee, Individually, Cambridge Lakes, LP, Stephen R. Heape, Individually and as General Partner of Cambridge Lakes, LP, Cambridge Lakes Apartment Homes, a/k/a Cambridge Lakes Apartments, LP, a/k/a Cambridge Lakes Apartment Homes, LP, Classic Properties of Charleston, Inc., Cambridge Contracting, LP, Trademark Properties, Inc., Carolina One Charleston Home Team Properties, LLC, Charleston Home Team, LLC Carolina One, and William E. Jenkinson, IV, Individually,
Of whom Cambridge Two, LLC, Albert V. Estee, Individually, Cambridge Lakes, LP, Stephen R. Heape, Individually and as General Partner of Cambridge Lakes, LP are the Respondents.
|
2012-213420 |
Morris Stewart, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001140 |
The State, Respondent,
v.
Wren Roberson Hinton, Appellant.
|
2012-209526 |
Kareem Wiley, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000438 |
The State, Respondent,
v.
Melvin Haynes, Appellant.
|
2011-191107 |
Deutsche Bank National Trust Company as Trustee for the holders of new Century Home Equity Loan Trust, Series 2005-A, Asset Backed Pass-Through Certificates, Respondent,
v.
Laura T. Toney a/k/a Laura A. Toney, LaSalle Bank National Association, as Trustee for the registered holders of Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 200-11 and LaSalle Bank National Association, Trustee for Lehman Brothers Structured Asset Investment Loan Trust Sale 2005-2, Defendants,
Of Whom Laura T. Toney is the Appellant.
|
2012-209536 |
Phillip A. Hingleton, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001210 |
The State, Respondent,
v.
Jermel Rashond Daniels, Appellant.
|
2013-001126 |
The State, Respondent,
v.
Jeremy Fleming, Appellant.
|
2013-000664 |
The State, Respondent,
v.
Dewayne Mack, Appellant.
|
2012-212494 |
J.W. Neal Construction, LLC, a South Carolina limited liability company, Respondent,
v.
Cornelia Thomas, Appellant.
|
2012-211872 |
Coastal Federal Credit Union, Respondent,
v.
Clarence LeAnders Griffin, Jr., Appellant.
|
2012-212401 |
Kieve Malik Smith, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-207817 |
Evelyn Buckle, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212317 |
Michael Anthony York, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000657 |
The State, Respondent,
v.
Clayton L. Massey, Appellant.
|
2012-212315 |
Matthew William Gilliard III, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-002401 |
The State, Respondent,
v.
Tonja McAllister, Appellant.
|
2012-213292 |
Ronald Footman, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001656 |
The State, Respondent,
v.
Maunwell J. Ervin, Appellant.
|
2012-212099 |
Clinton F. Stephens, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001996 |
The State, Respondent,
v.
Maurice Wallace Ward, Appellant.
|
2012-212353 |
Donald James Hurlbert, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001087 |
The State, Respondent,
v.
Curtis Fields, Appellant.
|
2012-212162 |
Wayne Cooley, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001993 |
The State, Respondent,
v.
Shondel Antwan Crim, Appellant.
|
2013-002744 |
Timothy D. Revels, Appellant,
v.
South Carolina Department of Employment and Workforce, and Sherman College of Chiropractic, Respondents.
|
2012-212227 |
Montavis K. Gaines, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-002547 |
Kenneth Ray Anderson, Appellant,
v.
South Carolina Department of Motor Vehicles and Clemson University Police Department, Respondents.
|
2012-213661 |
Robert L. Dickerson, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212303 |
Tyquan Jared Amir Jones, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001378 |
The State, Respondent,
v.
Dwayne Cabbagestalk, Appellant.
|
2013-000356 |
The State, Respondent,
v.
Carolyn Poe, Appellant.
|
2013-001616 |
The State, Respondent,
v.
Domoneik Washington, Appellant.
|
2013-000185 |
The State, Respondent,
v.
William Edward Price, Appellant.
|