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October 2019 |
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.
Wednesday, October 9, 2019 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2016-002487 Cassandra M. Myers, and Bartholomew Myers in their capacity as Co-Personal Representatives of the Estate of Evan Morris Myers, Appellants,
v.
The Consolidated Employee Recreation Clubs, a non-profit organization a/k/a Pine Island Club at Lake Murray, South Carolina Electric and Gas Holding Company, Inc; SCANA, Respondents. Edward L. Graham of Graham Law Firm, PA, of Greenville, for Appellants. Pedro Eduardo Krompecher, of Raleigh, North Carolina, for Appellants. Christian Stegmaier of Collins & Lacy, PC, of Columbia, for Respondents. Kelsey Jan Brudvig of Collins & Lacy, PC, of Columbia, for Respondents. Meghan Hazelwood Hall, of Columbia, for Respondents. This wrongful death action arose from the drowning death of Evan Myers (Decedent) while swimming at Pine Island Club at Lake Murray. The co-personal representatives of Decedent's estate (the Estate) argue the circuit court erred in granting summary judgment by: (1) finding the defendants did not owe Decedent a colorable duty of care, (2) finding there was not a scintilla of evidence that the defendants' negligent acts proximately caused Myers's drowning, and (3) refusing to consider affidavits the Estate submitted with its Rule 59(e), SCRCP, motion when the issue of causation was not raised until hours before the summary judgment hearing. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2017-001337 Galen E. Burdeshaw, Appellant,
v.
Jennifer Marie Burdeshaw, Respondent. Melissa D. Spivey of The Spivey Law Group, LLC, of Mauldin, for Appellant. Gwendolynn Wamble Barrett of Barret Mackenzie, LLC, of Greenville, for Respondent. Robert A. Clark, of Greenville, for Guardian Ad Litem. In this appeal from orders of the family court, Galen Burdeshaw (Husband) argues the family court erred in (1) issuing a decree of divorce and final order (the Final Order) before hearing Husband's rule to show cause against Jennifer Burdeshaw (Wife); (2) declining to hear Husband's second rule to show cause against Wife; (3) considering Wife's memorandum of law in making its determination on Husband's rule to show cause; (4) granting Wife's motion to reconsider the Final Order and awarding her the dependent tax exemption; (5) awarding Wife primary custody of the parties' child; (6) failing to find Wife in contempt; (7) apportioning the marital estate; and (8) awarding Wife attorney's fees and costs. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-000617 South Carolina Public Interest Foundation, and William B. DePass, Jr., individually, and on behalf of all others similarly situated, Appellants,
v.
The City of Columbia, Richland County, and Fairfield County, Respondents. James G. Carpenter and Jennifer J. Miller, both of Carpenter Law Firm, PC, of Greenville, for Appellants. Burnet Rhett Maybank, III, and James Peter Rourke, both of Nexsen Pruet, LLC, of Columbia, for Respondent The City of Columbia. Ray E. Jones and Walter Hammond Cartin, both of Parker Poe Adams & Bernstein, LLP, of Columbia, for Respondents Richland County and Fairfield County. SC Public Interest Foundation and William B. DePass, Jr., appeal the grant of summary judgment to the City of Columbia, Richland County, and Fairfield County, arguing the inclusion of private student dormitories in a multi county industrial/business park and the granting of tax credits to the dormitories violates the South Carolina Constitution and statutes. |
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Thursday, October 10, 2019 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-002368 The State, Respondent,
v.
Thomas Stephen Acker, Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., of Columbia, for Respondent. Susan Ranee Saunders of McGowan Hood & Felder, LLC, of Mount Pleasant, for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent. Thomas Acker appeals his convictions for criminal sexual conduct (CSC) with a minor in the first degree and disseminating obscene material to a minor twelve years of age or younger, arguing the circuit court abused its discretion in (1) allowing Shauna Galloway-Williams to testify as an expert witness and (2) admitting improper character evidence. Acker further contends the circuit court erroneously denied his motion for a directed verdict on the dissemination of obscene material to a minor twelve years of age or younger charge. Acker contends the circuit court's erroneous rulings unfairly prejudiced his case. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-001367 Elizabeth Hope Rainey, as the appointed Guardian ad Litem to Owen C., a minor, Appellant,
v.
South Carolina Department of Social Services, Respondent. Duane Michael Shaw of Shaw Law Firm, of Rock Hill, for Appellant. S. Randall Hood and Jordan Christopher Calloway, both of McGowan Hood & Felder, LLC, of Rock Hill, for Appellant. Nathan James Sheldon of The Law Office of Nathan J. Sheldon, LLC, of Rock Hill, for Appellant. Whitney Boykin Harrison of McGowan Hood & Felder, LLC, of Columbia, for Appellant. Lara Pettiss Harrill of Lara Pettiss Harrill, P.C., of Spartanburg, for Appellant. Patrick John Frawley of Davis Frawley, LLC, of Lexington, for Respondent. Elizabeth Hope Rainey, as the appointed Guardian ad Litem to a minor, argues the circuit court erred in granting summary judgment by using an incorrect standard for determining gross negligence and finding no genuine issue of material fact existed showing the South Carolina Department of Social Services did not exercise slight care during its investigation. |
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Monday, October 14, 2019 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-002464 The State, Respondent,
v.
Terrence O'Neil Frazier, Appellant. Appellate Defender Joanna Katherine Delany, of Columbia, for Appellant. Laura Ruth Baer of Collins & Lacy, PC, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent. Solicitor David Matthew Stumbo, of Greenwood, for Respondent. Appellant, Terrence Frazier, represented himself at trial, and was subsequently found guilty of breaking into a motor vehicle, grand larceny, trafficking in methamphetamine, leaving the scene of an accident, and use of a vehicle without permission. Frazier argues he is entitled to a new trial because he did not knowingly and intelligently waive his right to counsel. Frazier maintains that the record does not demonstrate that his decision to represent himself was made with an understanding of the risks of self-representation. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-002301 The State, Respondent,
v.
Gregory Lamont Brooks, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General W. Jeffrey Young, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Assistant Attorney General Samuel Marion Bailey, all of Columbia, for Respondent. Solicitor Samuel R. Hubbard, III, of Lexington, for Respondent. Appellant Gregory Lamont Brooks seeks reversal of his convictions for murder and possession of a weapon during the commission of a violent crime. Appellant argues (1) the circuit court erred by instructing the jury that malice may be inferred from the use of a deadly weapon because there was evidence that could have reduced the murder charge to voluntary manslaughter and, therefore, the instruction was confusing and prejudicial; (2) the erroneous instruction was not harmless because it was given shortly after the circuit court instructed the jury to examine the surrounding circumstances to determine criminal intent; and (3) the circuit court erred by excluding from evidence two photographs found on the cell phone of a bar patron present at the shooting and in communication with a suspect because the photographs showed a gun of the same caliber as shell casings found at the scene and, thus, were relevant to Appellant's defense of third party guilt. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2017-000016 Robert Dale Kosciusko, Appellant,
v.
Alice Witherspoon Wilson Parham, Respondent.
In Re:
Alice Witherspoon Wilson Parham n/k/a Alice Witherspoon Parham Casey, Respondent,
v.
Robert Dale Kosciusko, Appellant. John O. McDougall of McDougall, Self, Currence & McLeod, LLP, of Columbia, for Appellant. Katherine Carruth Goode, of Winnsboro, for Appellant. Whitney Boykin Harrison of McGowan Hood & Felder, LLC, of Columbia, for Respondent. In this family court action, Robert Kosciusko ("Father") sought a finding of contempt against Alice Witherspoon Parham Casey ("Mother") for alleged violations of an order confirming an arbitration award concerning child custody and visitation. Father argues the family court erred in dismissing his contempt action by: 1) finding that it lacked subject matter jurisdiction to enforce the family court's prior order confirming the arbitration award; 2) failing to find that Mother was estopped from challenging the award and waived any objection to the enforceability of the order confirming the award; 3) refusing to enforce the unappealed order of a different family court judge confirming the arbitration award; and 4) refusing to enforce the order confirming the arbitration award when South Carolina's public policy favors alternative dispute resolution and the widespread practice in the state includes voluntary arbitration of children's issues. As an additional sustaining ground, Mother argues Father failed to meet his burden of proof in the underlying rule to show cause motion. |
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Tuesday, October 15, 2019 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2017-000802 The State, Respondent,
v.
Michael N. Frasier, Jr., Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Michael Frasier, Jr., appeals his conviction of trafficking cocaine, arguing the trial court erred by refusing to suppress (1) evidence obtained pursuant to an unlawful search and seizure of an automobile during a traffic stop, (2) evidence obtained from an unlawful search of Frasier's person, and (3) Frasier's statements to police. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-002185 State Farm Mutual Automobile Insurance Company, Respondent,
v.
Myra M. Windham, Appellant. Stephen H. Cook and John K. Koon, both of Koon Cook and Walters, LLC, of Columbia, for Appellant. Blake A. Hewitt of Bluestein Thompson Sullivan LLC, of Columbia, for Appellant. Alfred Johnston Cox and Jessica Ann Waller, both of Gallivan, White & Boyd, PA, of Columbia, for Respondent. Myra M. Windham appeals the circuit court's grant of summary judgment to State Farm Mutual Automobile Insurance Company on its declaratory judgment action that Windham could not stack her underinsured motorist (UIM) policies when she was in an accident while driving a rental car. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2017-000471 Gregory Duerk, Donald L. Duerk, Jr. and Deborah Duerk Tiller, Appellants,
v.
Geoffrey Duerk, Kristen Duerk and James M. Stewart, Respondents. Thomas C. Brittain of The Brittain Law Firm, P.A., of Myrtle Beach, for Appellants. Jay Marcus Bultz of Bultz Law Offices, PA, of Myrtle Beach, for Respondents Geoffrey Duerk and Kristen Duerk. William Alfred Bryan, Jr., Amy Lynn Neuschafer, and Fred Harley Oliver, all of Collins & Lacy, PC, of Murrells Inlet, for Respondent James M. Stewart. Gregory Duerk, Donald L. Duerk, and Deborah Duerk Tiller (collectively Appellants) appeal a Form 4 order dismissing James M. Stewart from a lawsuit for lack of personal jurisdiction. Appellants contend they made a prima facie showing in their pleadings and affidavits that was sufficient to withstand Stewart's motion to dismiss. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2017-001881 John Burke, William Burt, Sr., Thomas Cooper, Mike Ellison, Harold J. Hanson, David McKee, Plaintiffs,
Of whom John Burke is the Respondent,
v.
The South Carolina Department of Transportation, Appellant. James Drayton Nance of Nance, McCants & Massey, of Aiken, for Appellant. Tucker S. Player of Player Law Firm, LLC, of Columbia, for Respondent. The South Carolina Department of Transportation (SCDOT) appeals the circuit court's award of prejudgment interest after a jury returned a verdict for John Burke in an inverse condemnation proceeding. SCDOT argues prejudgment interest should have been included in the jury instructions as an element of just compensation and, therefore, should not have been awarded by the court. |
Tuesday, October 22, 2019 | |
Clemson University
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09:30 a.m. | (Time Limits: 10-10-5) |
2016-002244 The State, Respondent,
v.
Deshanndon Markelle Franks, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, for Respondent. Solicitor David Matthew Stumbo, of Greenwood, for Respondent. Deshanndon Franks appeals his convictions for murder and possession of a weapon during the commission of a violent crime, arguing the trial court erred by (1) qualifying the State's witness as an expert and (2) instructing the jury it could infer malice from the use of a deadly weapon. | |
10:15 a.m. | (Time Limits: 10-10-5) |
2017-001064 Chris Katina McCord, Christopher McCord, Janice Sherfield, and Jerry Sherfield, Appellants,
v.
Laurens County Health Care System and Greenville Health System, Respondents. Joseph Grady Wright, III, and Jay Franklin Wright, both of McGowan Hood & Felder, LLC, of Greenville,C for Appellants. H. Sam Mabry, III, Kenneth Norman Shaw, and J. Ben Alexander, all of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondents. This is an appeal by two patients of Laurens County Health Care System (Hospital) who in a previous action obtained judgments against their treating surgeon, Dr. Byron Brown, for medical malpractice. Dr. Brown, however, has left the country and did not have medical malpractice insurance covering the injuries to the patients. This appeal raises the issue of whether the Hospital had a duty either imposed by the admission agreement or an alleged special relationship between patient and Hospital to ensure a doctor treating patients at the Hospital maintained malpractice insurance covering damages to the patients. | |
11:00 a.m. | (Time Limits: 10-10-5) |
2017-000085 In the Matter of the Care and Treatment of Gerald Barrett, Jr., Respondent,
v.
The State, Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Appellant. Appellate Defender David Alexander, of Columbia, for Respondent. The State appeals the circuit court's order dismissing the State's petition, made pursuant to section 44-48-80 of the South Carolina Code, seeking to establish probable cause that Gerald Barrett, Jr. is a sexually violent predator. | |
Cases to be Submitted Without Oral Argument | |
2017-001090 |
The State, Respondent,
v.
Cary Glenn Ryals, Appellant.
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2017-002282 |
The State, Respondent,
v.
Kenneth Strother Collins, Appellant.
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2017-002367 |
Brandon Bannister, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000996 |
Demossio Montae Valentine, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000088 |
Keiron Kyle Coleman, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002606 |
The State, Respondent,
v.
Matthew Jacob (Jake) Eder, Appellant.
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2018-000881 |
Benjamin J. Jackson, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000514 |
Johnny Hemphill, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000521 |
James R. Glisson, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2017-000500 |
The State, Respondent,
v.
Antonio Kenyardo Posey, Appellant.
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2017-002175 |
The State, Respondent,
v.
Marcus C. McFadden, Appellant.
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2017-001570 |
John Willie Mack, Sr., Petitioner,
v.
State of South Carolina, Respondent.
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2016-001550 |
Branch Banking and Trust Company, Respondent,
v.
Cindy B. Hunt, Willow Greens Homeowners Association, Inc., CJ Developers, LLC, Defendants,
of Whom Cindy B. Hunt is the Appellant.
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2018-000999 |
Andy Brock, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000100 |
The State, Respondent,
v.
Jeremiah Jermaine Brandon Smith, Jr., Appellant.
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2017-002054 |
Sherman Myers, Petitioner,
v.
State of South Carolina, Respondent.
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2017-002595 |
The State, Respondent,
v.
James Lamont Arthur, Appellant.
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2016-001706 |
In the Matter of the Care and Treatment of Charles T. Sullivan, Appellant.
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2017-002405 |
The State, Respondent,
v.
Desmond Shamaine Collins, Appellant.
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2017-000544 |
The State, Respondent,
v.
Naijuwuan S. Chisolm, Appellant.
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2017-000091 |
The State, Respondent,
v.
Kayla Gayle Wright, Appellant.
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2018-000572 |
William Coaxum, Petitioner,
v.
State of South Carolina, Respondent.
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2017-000709 |
The State, Respondent,
v.
Wayne Couey, Jr., Appellant.
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2017-002055 |
Cornell Devon Tyler, Petitioner,
v.
State of South Carolina, Respondent.
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2017-000680 |
Zachary William Woodall, Respondent,
v.
Nicole Anastasia Gray f/k/a Woodall, Appellant.
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2016-000724 |
The State, Respondent,
v.
Arsenio D. Colclough, Appellant.
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2018-000003 |
Brian Lee Davidson, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000518 |
Bradley Gerald Mullins, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000155 |
Forrest Nelson, Petitioner,
v.
State of South Carolina, Respondent.
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2017-000255 |
The State, Respondent,
v.
Horace Elijah Watts, Appellant.
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2016-001627 |
Jamaal Gittens, Appellant,
v.
John R. Rakowsky, Respondent.
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2017-002414 |
Darius Barnwell, Petitioner,
v.
State of South Carolina, Respondent.
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2017-001571 |
The State, Respondent,
v.
Brian Everett Pringle, Appellant.
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2017-002213 |
The State, Respondent,
v.
Ricky Lamont Esaw, Appellant.
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2016-002246 |
The State, Respondent,
v.
Soleiman H. Hattar, Appellant.
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2016-002450 |
George Cleveland, III, Appellant,
v.
Suzanne E. Russell, Respondent.
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2018-000190 |
Courtney Lamont Pauling, Petitioner,
v.
State of South Carolina, Respondent.
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2016-002531 |
The State, Respondent,
v.
Travis Jacqueese McFadden, Appellant.
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2018-001002 |
Eddie Ballenger, Petitioner,
v.
State of South Carolina, Respondent.
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2018-000074 |
Mokeia Hammond, Petitioner,
v.
State of South Carolina, Respondent.
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