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October 2016 |
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 3, 2016 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-002020 Betty Fisher, Appellant,
v.
Bessie Huckabee, Respondent.
Lisa Fisher, Appellant,
v.
Bessie Huckabee, Respondent. John Hughes Cooper of John Hughes Cooper, PC, of Mount Pleasant, for Appellant. Lisa Fisher, pro hac vice, of Long Beach, California, for Appellant. Peter A. Kouten of Kouten Law Firm, LLC, of Johns Island, for Respondent. In this consolidated probate case, Appellants Betty Fisher and Lisa Fisher separately appeal from the circuit court's affirmance of the probate court's orders appointing a special fiduciary, freezing assets, and denying the Fishers' motions for reconsideration, arguing twenty-two issues summarized as the following: (1) the circuit court erred in failing to consider Appellant's Statement of Grounds or allow oral argument; (2) the probate court did not have jurisdiction because the matter was on appeal; (3) Respondent Bessie Huckabee did not have standing in the matter; (4) the probate court order was void because Huckabee failed to provide the required notice and violated Rule 11, SCRCP; (5) the probate court erred in denying Lisa Fisher "reasonable compensation"; (6) the probate court erred in freezing decedent's accounts; (7) the probate court erred in appointing a special fiduciary; (8) the probate court erred in failing to grant Lisa Fisher an extension; and (9) the probate court erred in hearing the motion to appoint a special fiduciary when statutory notice was not given. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-002028 Lisa Fisher, Appellant,
v.
Bessie Huckabee, Respondent. John Hughes Cooper of John Hughes Cooper, PC, of Mount Pleasant, for Appellant. Lisa Fisher, pro hac vice, of California, for Appellant. Peter A. Kouten of Kouten Law Firm, LLC, of Johns Island, for Respondent. Consolidated with #22281 & 22283 |
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10:40 a.m. | (Time Limits: 15-15-5) |
2014-002034 Lisa Fisher, Appellant,
v.
Bessie Huckabee, Respondent John Hughes Cooper of John Hughes Cooper, PC, of Mount Pleasant, for Appellant. Lisa Fisher, pro hac vice, of California, for Appellant. Peter A. Kouten of Kouten Law Firm, LLC, of Johns Island, for Respondent. Consolidated with #22281 & 22282 |
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Wednesday, October 12, 2016 | |
Courtroom I
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-001409 The State, Respondent,
v.
Alexander Carmichael Huckabee III, Appellant. Appellate Defender John Harrison Strom, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia, for Respondent. Solicitor William Benjamin Rogers, Jr., of Bennettsville, for Respondent. Mary Shannon Williams, of Columbia, for Respondent. Appellant Alexander Huckabee, III seeks review of his convictions for homicide by child abuse, inflicting great bodily injury upon a child, unlawful conduct toward a child, and first degree criminal sexual conduct with a minor. Huckabee argues the trial court erred in admitting the testimony of a witness proffered as an expert in criminal behavioral analysis and crime scene reconstruction because the witness's criminal profiling testimony usurped the jury's role as sole fact finder and was based on an unreliable methodology. Huckabee also challenges the admission of his videotaped interrogation because the interrogation was given under coercive conditions. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2014-001617 The State, Respondent,
v.
Dominique Lavar Williams, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Vann Henry Gunter, Jr., of Columbia, for Respondent.Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Dominique Williams appeals his conviction for unlawfully carrying a handgun, arguing the trial court erred in (1) failing to suppress the gun; (2) failing to grant a directed verdict; and (3) defining "carrying about the person" and providing an exception to unlawful carrying in its jury charge. |
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Thursday, October 13, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-002627 South Carolina Community Bank, Respondent,
v.
Salon Proz, LLC, Columbia Empowerment Zone, Inc. d/b/a The Columbia Empowerment Zone and Frank Mitchell, Defendants,
Of Which Salon Proz, LLC is the Appellant. Andrew Sims Radeker of Harrison & Radeker, P.A., of Columbia, for Appellant. S. Nelson Weston, Jr., Charles Joseph Webb, and Carmen Vaughn Ganjehsani, all of Richardson Plowden & Robinson, PA, of Columbia, for Respondent. Salon Proz, LLC, appeals the master-in-equity's order denying its motion to transfer the case to the general jury docket arguing (1) it did not waive its jury demand, (2) the clerk of court lacked the power to refer the case to the master, (3) if the clerk had the power to refer the case, the clerk erred in doing so, and (4) return to the general docket was required because Salon Proz's amended answer and counterclaim demanded a jury trial and created new issues of fact. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-002726 Lenora Whitfield Tucci, Appellant,
v.
April Tucci and Robert D. Ganyard, personal representatives of the Estate of Francis Paul Tucci, Jr., Respondents. Kenneth Philip Shabel of Kennedy & Brannon, P.A., of Spartanburg, for Appellant. James W. Shaw and Heather Gwinn Hunter, both of Dennis, Shaw, Drennan & Pack, LLC, of Spartanburg, for Respondent. Lenora Whitfield Tucci appeals the circuit court's order dismissing her appeal from the probate court. She argues the circuit court erred in dismissing her appeal for failure to timely file a statement of issues on appeal because the respondents suffered no prejudice as a result of her failure to comply with the statute. She further argues the probate court should have found the time period for her to file a petition for an elective share was tolled while an action was pending in family court, and the probate court erred in dismissing her petition as untimely. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-001412 South Carolina Public Interest Foundation and William B. Depass, Jr., individually, and on behalf of all others similarly situated, Appellants,
v.
Senator John E. Courson, Senator Darrell Jackson, Senator Joel Lourie, Senator John L. Scott, Jr., and The State of South Carolina, Respondents. James G. Carpenter and Jennifer J. Miller, both of The Carpenter Law Firm, PC, of Greenville, for Appellants. Edward Houseal Bender and Kenneth M. Moffitt, both of Columbia, for Respondents John E. Courson, Darrell Jackson, Joel Lourie, and John L. Scott, Jr. Deputy Solicitor General J. Emory Smith, Jr., of Columbia, for The State of South Carolina. South Carolina Public Interest Foundation appeals the circuit court's order denying its motion for attorney's fees and costs pursuant to section 15-77-300 of the South Carolina Code (Supp. 2015). |
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Wednesday, October 19, 2016 | |
Courtroom I
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12:30 p.m. | (Time Limits: 10-15-5) |
2015-002045 South Carolina Department of Social Services, Respondent,
and
Sherry Powers, Edward Anthony Dalsing and Tammy Gaye Causey Dalsing, Intervenors,
v.
Erica Smith and Andrew Jack Myers, Defendants,
Of whom Edward Anthony Dalsing, Tammy Gaye Causey Dalsing, and Erica Smith are Respondents,
and
Andrew Jack Myers is the Appellant.
In the interest of a minor under the age of eighteen. Nathan James Sheldon of The Law Office of Nathan J. Sheldon, LLC, of Rock Hill, for Appellant. Melinda Inman Butler of The Butler Law Firm, of Union, for Appellant. James Fletcher Thompson of James Fletcher Thompson, LLC, of Spartanburg, for Respondents Edward A. and Tammy G. Dalsing. Larry Dale Dove of Dove & Murphy Law Group, LLC, of Rock Hill, for Respondents Edward A. and Tammy G. Dalsing. Lindsey Ann McCallister, of Columbia, for Respondent Foster Care Review Board. David E. Simpson, of Rock Hill, for Respondent South Carolina Department of Social Services. Debra A. Matthews of Debra A. Matthews, Attorney at Law, LLC, of Winnsboro, for Respondent Erica Smith. Erick Matthew Barbare of The Barbare Law Firm, of Greenville, for Intervenor Sherry Powers. Brenda L. Gorski of Columbia and Krystal L. Orr of Krystal L. Orr, Esq., of Rock Hill, for Guardian Ad Litem. Andrew Jack Myers appeals a family court order granting the adoption of his minor daughter to her foster parents, Edward and Tammy Dalsing. On appeal, Myers argues the family court erred in (1) finding his consent was not required for the adoption, (2) terminating his parental rights, (3) granting adoption to the Dalsings while simultaneously finding they lacked standing to adopt the child, (4) allowing the Dalsings to be parties to this action, and (5) finding the child's permanent plan should be termination of parental rights and adoption. |
Cases to be Submitted Without Oral Argument | |
2015-001901 |
The State, Respondent,
v.
Christopher Martin, Appellant.
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2015-002114 |
William Ford, #232122, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2015-002367 |
Orlando Ira Brown, Appellant,
v.
State of South Carolina, Respondent.
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2015-000092 |
The State, Respondent,
v.
Julius Quintez Manigault, Appellant.
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2014-002539 |
The State, Respondent,
v.
Quanell Marquan McIlwain, Appellant.
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2015-000182 |
The State, Respondent,
v.
Travis Abe Polite, Appellant.
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2014-002555 |
The State, Respondent,
v.
Reginald L. Gordon, Appellant.
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2015-002490 |
First Citizens Bank and Trust Company, Inc., Respondent,
v.
Ronald D. Taylor and Ted D. Smith, Appellants.
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2015-001988 |
Mark and Elizabeth Heil, Appellants,
v.
Stewart and Christina Hines and Sam Imler d/b/a Sam's Tree Service, Defendants,
Of whom Stewart and Christina Hines are the Respondents.
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2014-000682 |
The State, Respondent,
v.
Kevin Lamar Howard, Appellant.
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2015-002508 |
The State, Respondent,
v.
Clarence Keith Thomas, Appellant.
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2015-000115 |
The State, Respondent,
v.
Jalann Lee Williams, Appellant.
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2015-001491 |
H. H. Vonharten, Appellant,
v.
South Carolina Department of Motor Vehicles, Respondent.
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2015-001903 |
The State, Respondent,
v.
Marvin Kadarro Workman, Appellant.
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2015-001671 |
The State, Respondent,
v.
Taiwan J. Hardy, Appellant.
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2015-001675 |
Kathey L. Staton, Employee, Appellant,
v.
Mohawk Industries, Inc., Employer, and Liberty Mutual, Carrier, Respondents.
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2014-002633 |
Stephen Dudek, Doreen Cross, Respondents,
v.
Thomas M. Ferro and Lorraine B. Ferro, Appellants.
And
Molly M. Morphew, Appellant,
v.
Stephen Dudek, Doreen Cross, Thomas Ferro and Lorraine Ferro, Defendants,
Of whom Stephen Dudek and Doreen Cross are Respondents.
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2014-001683 |
Wells Fargo Bank, N.A., Respondent,
v.
Dorothy Sistrunk, Appellant.
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2015-000905 |
The State, Respondent,
v.
David Junior Hayes, Appellant.
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2014-002714 |
The State, Respondent,
v.
Daevon Hezzie Williams, Appellant.
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2016-000140 |
The State of South Carolina, Respondent,
v.
Julie Ann Getson, Defendant, Christy Nimau, Georgia-Carolina Enterprises, Inc., Surety, and Accredited Insurance Co., Insurance Company,
Of which Georgia-Carolina Enterprises, Inc. is the Appellant.
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2014-002105 |
The City of Greer, Respondent,
v.
Michael Edward Schulz, Appellant.
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2015-002225 |
The State, Respondent,
v.
April Denise Legree, Appellant.
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2015-001162 |
Derek S. Carter, Appellant,
v.
South Carolina Department of Probation, Parole and Pardon Services, Respondent.
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2015-001287 |
The State, Respondent,
v.
Joshua James Parker, Appellant.
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2014-002435 |
The State, Respondent,
v.
Marvin Brock Johnson, Appellant.
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2015-002535 |
Melissa Spalt, Respondent,
v.
South Carolina Department of Motor Vehicles and South Carolina Department of Public Safety, Defendants,
Of whom South Carolina Department of Motor Vehicles is the Appellant.
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2013-002478 |
The State, Respondent,
v.
James Kevin Bethel, Jr., Appellant
|
2013-002075 |
The State, Respondent,
v.
Abdul Furquan, Appellant.
|
2015-001201 |
The State, Respondent,
v.
Quartis Naquan Hemingway, Appellant.
|
2015-000722 |
The State, Respondent,
v.
Kyndra Leann Howell, Appellant.
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2015-001838 |
Jerry Sims, Appellant,
v.
Edwin Pate Vinyl Siding, Employer, and Uninsured Employers' Fund, Carrier, Respondents.
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2015-000111 |
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 Trademark Properties, Inc., and Carolina One Real Estate are the Respondents.
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2015-001774 |
The State, Respondent,
v.
Walter Louis Brown III, Appellant.
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2015-001144 |
The State, Respondent,
v.
David Glover, Appellant.
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2013-002587 |
Karen Oliver, Appellant,
v.
Amanda Lawrence and Trident United Way, Respondents.
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2015-001628 |
The State, Respondent,
v.
Judson Stanley, Appellant.
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