![]() |
October 2020 |
NEXT
![]() |
The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Monday, October 12, 2020 | |
Webex
|
|
10:00 a.m. | (Time Limits: 10-10-5) |
2017-002306 The State, Appellant,
v.
Leon LaGwan Barksdale, Respondent. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia, for Appellant. David Alexander, of Columbia, for Respondent. The State appeals the circuit court's ruling to suppress incriminating statements that Barksdale made in response to an officer's questions regarding Barksdale's alcohol consumption prior to a traffic accident. The State argues (1) no evidence exists within the record to support the court's ruling that Barksdale was in custody at the time he was questioned regarding his alcohol consumption; (2) the court erred by utilizing an incorrect definition of 'custody' as set forth in Miranda v. Arizona and its lineage; and (3) the court improperly relied on the subjective intentions and knowledge of the officer that questioned Barksdale rather than the totality of the circumstances. | |
Tuesday, October 13, 2020 | |
Webex
|
|
10:00 a.m. | (Time Limits: 10-10-5) |
2018-000252 Stephanie Collins, Respondent.
v.
Gary Collins, Appellant. James Calhoun Pruitt, Jr. and Joshua Brent Raffini, both of Pruitt & Pruitt, of Anderson, for Appellant. Samuel C. Weldon, of Greenville, for Respondent. In this divorce action, Gary Collins appeals the value the family court assigned to real property. He also argues the family court erred in ordering a lump sum payment that in effect requires him to sell assets. He further requests that the attorney's fees be reviewed in light of any changes made on appeal. | |
10:40 a.m. | (Time Limits: 10-10-5) |
2017-002393 The State, Respondent,
v.
Russell Levon Johnson, Appellant. 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. Russell Levon Johnson was charged with kidnapping and first-degree domestic violence. Johnson was convicted of the domestic violence charge but acquitted of the kidnapping charge. He appeals his conviction, arguing the circuit court erred in admitting evidence of conduct in other jurisdictions without instructing the jury that the domestic violence charge had to be supported by evidence within the jurisdiction. | |
11:20 a.m. | (Time Limits: 10-10-5) |
2018-000188 Orveletta Alston as Personal Representative of the Estate of Willie Earl Alston, Sr. Respondent,
v.
Conway Manor, LLC, Raymond Tiller, and John and Jane Does 1-10, Appellants. W. McElhaney White, of Holcombe Bomar, PA, and Joshua Tate Thompson, of Boulier Thompson & Barnes, P.A, both of Spartanburg, for Appellants John and Jill Does 1-10, Raymond Tiller, and Conway Manor. Ernest Latony Dessausure, of Dessausure Law Firm, of Columbia, and Daniel Nathan Hughey, Bradley Hunter Banyas, and Arthur Stuart Hudson, all of Hughey Law Firm, LLC, of Mt. Pleasant, for Respondent. On appeal, Conway Manor, LLC, Raymond Tiller, and John and Jane Does 1-10 (collectively, Appellants), argue the circuit court erred in denying their motion to compel arbitration because (1) Kimberly Alston-Wood (Daughter) had capacity to enter into the Admission Agreement containing the arbitration provision at issue pursuant to both the Adult Health Care Consent Act and the South Carolina Bill of Rights for Residents of Long Term Care Facilities; (2) Orveletta Alston, as Personal Representative of the Estate of Willie Earl Alston, Jr. (Respondent) is equitably estopped from asserting claims founded in duties arising out of the Admission Agreement while simultaneously attempting to disclaim the arbitration provision contained therein; (3) Mr. Alston was the intended and direct beneficiary of the Admission Agreement containing the arbitration provision; (4) the Federal Arbitration Act mandates arbitration since Daughter had authority to enter the Admission Agreement and the Respondent's claims fall within the scope of the arbitration provision; and (5) the Admission Agreement and the Facility Binding Arbitration Agreement merged, meaning that the Facility Binding Arbitration Agreement also requires arbitration. | |
Wednesday, October 14, 2020 | |
Webex
|
|
10:00 a.m. | (Time Limits: 10-10-5) |
2017-002553 The State, Respondent,
v.
Tommy Lee Benton, Appellant. Chief Appellate Defender Robert Michael Dudek and Robert Walker Humphrey, II, of Willoughby & Hoefer, PA, of Charleston, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, and Senior Assistant Deputy Attorney General Melody Jane Brown, all of Columbia, for Respondent. Tommy Lee Benton appeals his convictions for murder, first degree burglary, first degree arson, and third degree arson, arguing the circuit court erred in (1) trying his case after previously granting a mistrial on these charges; (2) admitting into evidence text and internet messages when the State failed to show that Benton sent or received them; and (3) admitting into evidence crime scene photographs, which lacked probative value and inflamed the passions of the jury. | |
10:40 a.m. | (Time Limits: 10-10-5) |
2017-002639 South Carolina Department of Consumer Affairs, Appellant,
v.
Cash Central of South Carolina LLC, Respondent. James Cochran Copeland and Kelly Hunter Rainsford, both of Columbia, for Appellant. James Y. Becker and Mary M. Caskey, of Haynsworth Sinkler Boyd, PA, both of Columbia; and Sarah P. Spruill, of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent. The South Carolina Department of Consumer Affairs appeals the circuit court's order granting final judgment in favor of Cash Central, arguing the court erred by failing to order Cash Central to refund millions of dollars of illegally collected excess charges based on its defense of substantial compliance and the bona fide error defenses of sections 37-3-201(6) and 37-5-202(7) of the South Carolina Code. | |
11:20 a.m. | (Time Limits: 10-10-5) |
2017-002599 The State, Respondent,
v.
Ronnie Carrol Tucker, Defendant,
Bail Out Bonding (Surety), Appellant. Kenneth Clifton Gibson, of The Law Office of Kenneth Gibson, of Greenville, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Bail Out Bonding appeals the decision of the circuit court to estreat the surety bond for Tucker, who initially was accepted into the Pre-Trial Intervention program, but later failed to comply with the program and failed to appear in court. Bail Out Bonding contends entry into PTI constitutes a deferred disposition status on the matter under the SC Code of Laws and relieves the company of its surety obligation. The State asserts the court properly estreated the bond because the PTI program does not constitute a "deferred disposition" under the Code. | |
12:00 p.m. | (Time Limits: 10-10-5) |
2018-000358 The State, Respondent,
v.
Rashawn Vertez Carter, Appellant. Attorney General Alan McCrory Wilson and Joshua Abraham Edwards, both of Columbia, for Respondent. David Alexander, of Columbia, for Appellant. Rashawn Vertez Carter appeals his convictions for first degree burglary, kidnapping, armed robbery, possession of a firearm by a person convicted of a violent felony, and possession of a weapon during the commission of a violent crime, arguing the circuit court erred in (1) admitting his interview into evidence when he was detained following the warrantless use of his cell phone to track his location, and (2) admitting into evidence the unredacted video of his interview with police, which contained hearsay, accusations Carter was lying, and burden-shifting comments. | |
Thursday, October 15, 2020 | |
Webex
|
|
10:40 a.m. | (Time Limits: 10-10-5) |
2018-000230 Arrowpointe Federal Credit Union, Respondent,
v.
Jimmy Eugene Bailey; Laura Jean Bailey; and U.S. Bank National Association not in its individual capacity but solely in its capacity as Indenture Trustee for WVUE 2015-1, Defendants,
Of which U.S. Bank National Association not in its individual capacity but solely in its capacity as Indenture Trustee for WVUE 2015-1 is the Appellant. Andrew Bryant Walker and Shaun C. Blake, both of Rogers Lewis Jackson Mann & Quinn, LLC, of Columbia, for Appellant. Sean Matthew Foerster, of Rogers Townsend LLC, of Columbia, for Appellant. Jonathan McKey Milling, of Milling Law Firm, LLC, and Christy Curtis Jones, of Sherpy & Jones, PA, both of Columbia, for Respondent. ArrowPointe Federal Credit Union filed this action against Jimmy Eugene Bailey, Laura Jean Bailey, and JP Morgan Chase Bank, seeking foreclosure of a mortgage and a declaration that its mortgage be declared a first lien. Appellant appeals the special referee's order granting ArrowPointe summary judgment and ordering foreclosure, arguing the referee erred in finding (1) South Carolina does not recognize the doctrine of replacement mortgage, (2) ArrowPointe suffered material prejudice by the application of the replacement mortgage doctrine, and (3) the existence of material prejudice under the replacement mortgage doctrine defeats the priority of the replacement mortgage. | |
11:20 a.m. | (Time Limits: 10-10-5) |
2018-000259 The State, Respondent,
v.
Samuel Jolly, Appellant. Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Joshua Abraham Edwards, both of Columbia, for Respondent. In this CSC First Degree and Lewd Act with a Minor case, the Appellant argues the trial court abused its discretion in 1) finding Appellant's indictments were not vague or overbroad; 2) failing to exclude evidence of prior bad acts against the Minor Victim; 3) admitting opinion evidence from a medical doctor without properly qualifying the doctor as an expert; and 4) admitting expert testimony from the doctor regarding an exam she had completed on Minor Victim when the photographs taken during the exam were lost or destroyed. | |
12:00 p.m. | (Time Limits: 10-10-5) |
2018-000136 The State, Appellant,
v.
Adam Keith Lunsford, Respondent. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Appellant. Christopher David Kennedy and N. Douglas Brannon, both of Kennedy & Brannon, P.A., of Spartanburg, for Respondent. The State appeals from the trial court's order granting Lunsford's request for immunity on his charges for attempted murder, assault and battery of a high and aggravated nature (ABHAN), and pointing or presenting a firearm. The State argues the trial court erred in ruling Lunsford was entitled to immunity from prosecution under the Protection of Persons and Property Act (the Act) because (1) he acted unlawfully by threateningly brandishing a firearm at Daniel Hull (Victim) during the course of the incident, (2) he was not actually under attack at the time he shot Victim, and (3) he could not validly raise a claim of self-defense. | |
Cases to be Submitted Without Oral Argument | |
2017-002385 |
Anthony Derone Richardson, Appellant,
v.
State of South Carolina, Respondent.
|
2018-000145 |
Ricky Bowman, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-002044 |
Leroy Clifton Gibbs, III, Petitioner,
v.
State of South Carolina, Respondent.
|
2017-002316 |
Reginald Canty, Petitioner,
v.
State of South Carolina, Respondent.
|
2017-001351 |
Gregory V. Smith, Respondent,
v.
State of South Carolina, Petitioner.
|
2019-000480 |
Kristopher Block, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-001822 |
Christopher E. Smith, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000139 |
Ronald Edward Gooden, Petitioner,
v.
State of South Carolina, Respondent.
|
2017-001769 |
Isaac Glenard Lyles, Petitioner,
v.
State of South Carolina, Respondent.
|
2017-002256 |
Christopher Eric Russell, Respondent,
v.
State of South Carolina, Petitioner.
|
2018-000602 |
David W. Chiles, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-001498 |
James Benjamin Irby, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000151 |
Steven Lee Morgan, Petitioner
v.
State of South Carolina, Respondent.
|
2018-001409 |
Julie L. Gordon-Gookins, Petitioner,
v.
State of South Carolina, Respondent.
|
2017-002555 |
The State, Respondent,
v.
Kyrief Deshawn Larnelle Kelly, Appellant.
|
2018-001548 |
Robert J. Phipps, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-002043 |
David A. Young, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000371 |
Richard Todd Culberson, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000646 |
Lewis Chisolm, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000627 |
Titus Niccola Lee Rouse, Respondent,
v.
State of South Carolina, Petitioner,
|
2017-001866 |
The State, Respondent,
v.
Larry Cornish, Appellant.
|
2018-001585 |
Bryan Holder, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-001213 |
The State, Respondent,
v.
David Allen Tindal, Jr., Appellant.
|
2018-000089 |
Alonza Dennis, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000847 |
Tarus Tremaine Henry, Sr., Petitioner,
v.
State of South Carolina, Respondent.
|
2017-002556 |
Kendeal Jones, Petitioner,
v.
State of South Carolina, Respondent.
|
2019-001942 |
South Carolina Department of Social Services, Respondent,
v.
Leianne Ruth Hudgins, Robert Eveland, and Amber Echerd, Defendants,
Of whom Leianne Ruth Hudgins and Robert Eveland are Appellants.
In the interest of a minor under the age of eighteen.
|
2018-000892 |
Timothy Earl Beheler, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-001727 |
The State, Respondent,
v.
Travis Lamont Gathers, Appellant.
|
2019-000408 |
Kelvin Eugene Cohen, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000497 |
Margaret M. Driggers, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-001073 |
Jed D. Wheeler, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000630 |
Shawn Reaves, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000628 |
Edward Anthony, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000193 |
Joseph Richard Graddick, Petitioner,
v.
State of South Carolina, Respondent.
|
2017-002302 |
Mitchell Rivers, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-002183 |
Demetrius Summers, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-002279 |
Timothy Crosby, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000150 |
DeVante Simmons, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-001792 |
Michael P. Cornelius, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-001202 |
Dwayne Chisolm, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000749 |
Kenneth Bryant Evans, II, Petitioner,
v.
State of South Carolina, Respondent.
|
2017-001820 |
Dominique Cash, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000410 |
Conrad Antonio Allen, Petitioner,
v.
State of South Carolina, Respondent.
|
2019-000999 |
Maurice A. McCreary, Petitioner,
v.
State of South Carolina, Respondent.
|
2019-000112 |
Christopher Cooper, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-001059 |
Richard Lanard Sprinkle Mavins, Petitioner,
v.
State of South Carolina, Respondent.
|
2017-002417 |
Larry Brent Horton, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-001820 |
Shannon DeVante Cooper, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-001169 |
Wayne Michael Smith, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000555 |
Joshua A. Reed, Petitioner,
v.
State of South Carolina, Respondent.
|
2018-000758 |
Efrain Matos Rivera, Petitioner,
v.
State of South Carolina, Respondent.
|