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

   
The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Monday, October 31, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18175   William T. Jervey, Jr., Employee, Respondent, v. Martint Environmental, Inc., Employer, and General Casualty Insurance Company, Carrier, Appellants.

E. Ros Huff, Jr., of Irmo, for Appellants. Andrew Nathan Safran, of Columbia, for Respondent.

Martint Environmental, Inc. and General Casualty Insurance Company (Appellants) appeal from the circuit court's order vacating in part and affirming in part the Workers' Compensation Commission's order, arguing the court erred in (1) failing to affirm the Commission's order finding section 42-9-260 of the South Carolina Code is not a time bar for raising a defense against compensability; (2) affirming the Commission's order finding William Jervey could raise both waiver and laches as affirmative defenses; and (3) finding Jervey suffered from a compensable injury by accident in the course and scope of his employment.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18536   Trinity Investments, LLC., Respondent, v. Marina Ventures, Inc. and Pioneer Properties, Inc., Appellants.

G. Turner Perrow, Jr., of Georgetown, and Franklin D. Beattie, Jr., of Georgetown, for Appellants. Laura Mitchum Moyer, of Georgetown, and Robert Wade Maring, of Georgetown, for Respondent.

On appeal to this court, Marina Ventures, Inc. and Pioneer Properties, Inc. (Marina Ventures) argues the circuit court erred in appointing a receiver. Marina Ventures also contends that having once dismissed the foreclosure action, Trinity Investments, LLC's (Trinity) second dismissal of the foreclosure action on the same subject in the same court operates as an adverse adjudication upon the merits, barring any further proceedings. Marina Ventures argues Trinity's failure to prosecute the proper remedy for nine years gives rise to laches barring the receivership and argues a presumption of payment by the debtor arises from creditor's repeated abandonment of the foreclosure proceeding over the nine year period.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18479   In The Matter Of The Care And Treatment Of Gilbert Gonzalez, Appellant.

Appellate Defender Lanelle C. Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Deborah R. J. Shupe, of Office of the Attorney General, of Columbia, for The State.

Gilbert Gonzalez appeals his civil commitment to the Department of Mental Health under the Sexually Violent Predator Act. Gonzalez argues that the circuit court erred in (1) denying his request to charge the jury and (2) allowing the State to argue the jury could draw a negative inference from Gonzalez's failure to present testimony from his independent expert.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18678   The State, Respondent, v. Sonny S. Hawkins, Appellant.

Scott David Robinson, of Greenville, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark Farthing, of Office of the Attorney General, of Columbia, for Respondent.

On appeal, Sonny S. Hawkins (Hawkins) argues the trial court erred in denying his directed verdict as to the charge of unlawful conduct towards a child because there is no evidence the child was placed at an unreasonable risk of harm affecting the child's life, physical or mental health, or safety.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18701   The State, Respondent, v. Edward Harlin, Appellant.

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

Edward Harlin appeals his convictions of lewd act and criminal sexual conduct with a minor in the first degree, arguing the trial court erred in (1) refusing to grant a mistrial and (2) denying a request to charge the jury on the failure to produce witnesses.

 
Wednesday, November 2, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18704   The State, Respondent, v. Tarus Tremaine Henry, Sr., Appellant.

Assistant Appellate Defender Lanelle Cantey Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, and Solicitor Edgar L. Clements, of Florence, for Respondent.

Appellant Tarus Tremaine Henry, Sr. appeals his convictions for assault and battery with intent to kill, second degree arson, and two counts of unlawful conduct towards a child. On appeal, Henry claims the trial court erred by finding his statement to police was voluntary and by failing to charge the jury on the lesser included offenses of assault and battery of a high and aggravated nature and attempt to burn.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18477   The State, Respondent v. Bruce Scott Johnson, Appellant.

James Ross Snell, of Lexington, for Appellant. Rachel Donald Erwin, of Blythewood, for Respondent.

Appellant Bruce Scott Johnson appeals his magistrate court conviction for driving under the influence, which was affirmed by the circuit court. On appeal, Johnson argues the trial court erred by failing to dismiss where the State failed to videotape the breath test site and failed to record audio while recording the incident site videotape pursuant to section 56-5-2953 of the South Carolina Code (2006).

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18719   Elizabeth Fettler, Appellant, v. Frederick Gentner, Respondent.

Everett Hope Garner,of Columbia, for Appellant. Ronald E. Alexander, of Columbia, for Respondent.

In this civil action, Elizabeth Fettler contends the trial court erred in failing to grant her motion for directed verdict on the issue of Frederick Gentner's negligence, which she argues then resulted in an erroneous, prejudicial charge to the jury.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18557   Billy Norton and Donna Norton, Appellants, v. Newberry Home Center, Inc. and Wayne Turner, Defendants, Of whom Robert A. Turner and William B. Ackerman III, as Personal Representatives of the Estate of Wayne Turner, are the Respondents.

Dorothy F. Reed, of Columbia, for Appellants. Mindy Westbrook Zimmerman, of Newberry, for Respondents.

Billy and Donna Norton appeal the trial court's ruling in favor of Wayne Turner in their negligence cause of action arising from the delivery and set-up of their mobile home.

 
Thursday, November 3, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18679   The State, Respondent, v. Sammy L. Scott, Appellant.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General William E. Salter, of Office of the Attorney General, of Columbia, for Respondent.

Appellant Sammy L. Scott appeals his convictions for murder, six counts of assault and battery with intent to kill, and two counts of possession of a firearm during the commission of a crime. Scott contends the trial court erred by refusing to charge voluntary manslaughter and by admitting hearsay statements into evidence.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18693   The State, Respondent, v. Stacey W. Howard, Appellant.

Tristan M Shaffer, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina J. Catoe, of Office of the Attorney General, of Columbia, for Respondent.

Stacy Howard appeals his conviction of assault and battery of a high and aggravated nature (ABHAN). Howard argues the trial court erred in applying the factors set forth in State v. Colf, 337 S.C. 622, 627, 525 S.E.2d 246, 248 (2000) when weighing the probative value and prejudicial impact of admitting his three prior ABHAN convictions.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18700   The State, Appellant v. John Johnson, Respondent.

Michael David Morin, of Gaffney, and Assistant Attorney General Mark Farthing, of Office of the Attorney General, of Columbia, for Appellant. Ralph Keith Kelly, of Spartanburg, for Respondent.

In this criminal matter, the State appeals a circuit court order reversing John Porter Johnson's DUI conviction based upon an alleged error in the jury selection process in magistrate's court. Specifically, the State contends the circuit court erred in determining the magistrate erred in overruling Johnson's objection to the manner and method of jury selection and in denying Johnson's motion for a continuance where the magistrate properly drew the names of seventy-five jurors in compliance with S.C. Code Ann. § 22-2-90, a qualified jury panel was selected from the available jury pool, and Johnson suffered no prejudice from the jury selection process as conducted.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18333   The State, Respondent, v. Anthony Quentin Scott, Appellant.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, for Respondent.

Appellant, Anthony Quentin Scott, appeals his conviction for murder arguing the trial judge erred in (1) denying his motion for directed verdict, as there was insufficient direct or substantial circumstantial evidence he was responsible for the murder, and (2) refusing to instruct the jury that he had to have acted with "criminal intent," in order to convict him.

 
Tuesday, November 15, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18648   Linda B. Heos, Respondent, v. Alfred M. Lawton, Appellant.

Eleanor Duffy Cleary, of Columbia, for Appellant. S.R. Anderson, of Columbia, and James B. Richardson, Jr., of Columbia, for Respondent.

Linda B. Heos appeals from the Master in Equity's denial of her motion to alter or amend judgment, arguing the master erred in (1) finding the real estate contract was unambiguous as to the payment term and (2) ruling that parol evidence was inadmissible to vary the payment term of the agreement.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18680   The State, Respondent, v. Kathy Salley, Appellant.

Chief Appellate Defender Robert Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. A. Mattison Bogan, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, for Respondent.

Kathy Salley appeals from her conviction of homicide by child abuse, arguing the circuit court erred in admitting (1) a photograph of child when she was alive because the photograph was meant to impermissibly elicit sympathy, which is inadmissible and improper under State v. Langley, 334 S.C. 643, 515 S.E.2d 98 (1999); and (2) a piece of wood with nails or staples attached because it was not relevant and its unduly prejudicial effect substantially outweighed its probative value even if relevant, as no forensic evidence linked the wood to the spanking.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18718   Adrienne Hennes, Respondent, v. John Shaw, Appellant.

Candy M. Kern-Fuller, of Easley, for Appellant. Ralph L. Gleaton, II, of Greenville, for Respondent.

On appeal, John Shaw (Shaw) argues the trial court erred by failing to award Shaw a directed verdict on respondent's, Adrienne Hennes (Hennes), breach of contract claim, and on Shaw's counter-claims of unfair trade practices. Shaw also argued the trial court erred by failing to put in the record evidence of his attorney's fees and costs he incurred as a result of previous litigation with Hennes, in which Shaw prevailed. Finally, Shaw asserts the trial judge improperly charged the jury on conversion and on lost dock opportunities caused by Hennes.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19120   Hook Point, LLC, Respondent, v. Branch Banking and Trust Company, First Reliance Bank, and Allan Risinger, Defendants, Of Whom Branch Banking and Trust Company is the Appellant.

Frank R. Ellerbe, III, and Wilson W. McDonald, of Columbia, for Appellant. Frederick A. Gertz, of Columbia, for Respondent. Thornwell F. Sowell and David C. Dick, of Columbia, for Respondent. S. Jahue Moore, of West Columbia, for Defendant First Reliance Bank.

BB&T appeals the circuit court's grant of a temporary injunction to Hook Point, LLC. BB&T argues that Hook Point failed to make the required showing on any of the three elements necessary to grant a preliminary injunction.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18702   The State, Respondent, v. Harold Lee Jackson, Appellant.

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

Harold Lee Jackson appeals his convictions of murder and two counts of assault and battery with intent to kill arguing the trial court erred in refusing to instruct the jury on self-defense.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18712   Ferguson Fire and Fabrication, Inc., Plaintiff, v. Preferred Fire Protection, LLC, Fair Forest of Greenville, LLC, Thomas F. Wong and Immedion, LLC, Defendants, Of Whom Preferred Fire Protection, LLC, is Appellant and Immedion, LLC is Respondent. Immedion, LLC, Third-Party Plaintiff, v. Rescom Construction, LLC, Third-Party Defendant.

Robert E. Culver, of Charleston, for Appellant. Ronald G. Tate, Jr., of Greenville, for Respondent.

On appeal, Ferguson Fire and Fabrication, Inc. (Ferguson Fire) argues the trial court erred in holding an owner not liable on the materialman's lien when the owner paid its general contractor in full after receiving notice from the materialman. Ferguson Fire also contends the trial court erred in holding its notice ineffective under South Carolina law. Ferguson Fire argues South Carolina law does not protect a materialman's lien until after the materialman records and serves a statement of the lien. Additionally, Ferguson Fire argues the trial court erred in awarding respondent, Preferred Fire Protection, LLC (Preferred Fire) attorney's fees related to the filing and prosecution of a third-party claim.

 
Wednesday, November 16, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18521   The State, Respondent, v. Darnell D. McFadden, Appellant.

Tricia A. Blanchette, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold Coombs, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal case, Darnell D. McFadden argues the trial court erred in denying his motion to relieve counsel and failing to grant him a continuance in order to obtain a private attorney. He further contends the trial court erred in admitting drug evidence because the chain of custody was insufficient.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18705   The State, Respondent, v. Andra Byron Jamison, Appellant.

Jeremy Adam Thompson, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark Farthing, of Office of the Attorney General, of Columbia, for Respondent.

In this DUI appeal, Jamison argues the trial court erred in denying his motion to suppress the results of a blood alcohol content analysis performed on a sample of his blood.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18469   The State, Respondent, v. Anthony Acanfora, Appellant.

Appellate Defender Elizabeth Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General Deborah R. J. Shupe, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal case, Anthony Acanfora appeals his conviction for second-degree burglary. He argues the trial court erred in two respects: (1) denying his motions for a directed verdict and new trial and (2) refusing to permit impeachment of a witness during cross-examination.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18644   Ray Thomas Petroleum, Inc., a North Carolina Corporation, Appellant, v. David Reza Kaveh Petroleum Co., A South Carolina Corporation, Express Mart, Inc., a South Carolina Corporation, Alliance Consulting Group, Inc., a South Carolina Corporation, Petroleum Marketing Group, LLC., a South Carolina Corporation, Meca Petroleum, LLC, a South Carolina limited liability company, Respondents.

George Hamlin O'Kelley, III, of Mt. Pleasant, for Appellant. William L. Taylor, of Alexandria, VA, for Appellant. Douglas Gay, of Rock Hill, for Appellant. Brian Scott McCoy, of Rock Hill, for Respondents.

Ray Thomas Petroleum (RTP) initiated this action to collect from a judgment obtained against Kaveh Petroleum Company. The trial court dismissed RTP's claims, finding the corporate veil could not be pierced to allow RTP to collect from David Kaveh personally. RTP appeals claiming the trial court erred in: (1) failing to find Kaveh and his various business entities are one and the same under the alter ego theory, therefore justifying the piercing of the corporate veil, (2) failing to apply the "trust fund doctrine," and (3) awarding Kaveh damages for the attachment placed on his property.

 
Thursday, November 17, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18472   The State, Respondent, v. Rodney L. Galimore, Appellant.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Michael J. Anzelmo, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina J. Catoe, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal action, Rodney Galimore contends the trial court erred in (1) failing to grant a directed verdict on the charge of felony DUI where Galimore argues there was no act prohibited by law or failure to observe a duty imposed by law, (2) failing to grant a directed verdict on the charge of child endangerment where the child endangerment charge was dependent upon Galimore also being guilty of felony DUI, and (3) granting the state's motion for a continuance after quashing the indictment for felony DUI on the basis that Galimore could have had a hearing on his motion to quash during the past year and a half.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18650   Shena Kennedy, Individually and as Guardina ad Litem of Daniel Shane Kennedy, Appellant, v. Thomas Johnson, Respondent.

Stephen Anthony Butaitis, of Charleston, for Appellant. John Dwight Hudson, of Myrtle Beach, for Respondent.

Shena Kennedy appeals the trial court's grant of summary judgment in favor of Thomas Johnson. She asserts the trial court erred in holding Johnson was not liable for the injuries a minor sustained when the vehicle in front of his severed a low-hanging limb from a tree growing partially on Johnson's property causing the limb to crash through the front window of the vehicle the minor was driving.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18715   Alan Fiddie and Joyce Fiddie, Appellants, v. The Estate of Sheridan Fiddie, any and all Personal Representatives, Executors, Special Administrators of any Estate of Sheridan Fiddie; JANE DOE, a fictitious person designated to represent the spouse of Sheridan Fiddie; JOHN DOES 1-10,001, being fictitious persons designated to represent any heirs at law of Sheridan Fiddie; JAMES DOES 1-10,001, being fictitious persons designated to represent any and all devisees of Sheridan Fiddie; JACK DOES 1-10,001, fictitious names designated to represent the heirs and devisees of any spouse of Sheridan Fiddie; PAUL DOES 1-10,001, fictitious names designated to represent the heirs and devisees of any heirs and devisees and spouses of, any heir or devisee of any spouse of Sheridan Fiddie; JOHN ROES 1-10,001, being fictitious names used to represent the spouse of any surviving spouse of Sheridan Fiddie, JAMES ROES 1-10,001, being fictitious names used to represent the heirs, devisees and spouses of any spouse of any surviving spouse of Sheridan Fiddie; JACK ROES 1-10,001, being fictitious Names used to represent the heirs, spouses and devisees of any heir of Sheridan Fiddie; JANE ROES 1-10,001, being fictitious names used to represent the heirs, spouses and devisees of any heir of any devisee of Sheridan Fiddie; JENNIFER DOES 1-10,001, being fictitious names used to represent the heirs, spouses and devisees of any devisee of Sheridan Fiddie; JENNIFER ROES 1-10,001, being fictitious names used to represent the heirs, spouses and devisees of any devisee of Sheridan Fiddie; the Estate of Theodore Fiddie, any and all Personal Representatives, Executors, or Special Administrators of any Estate of Theodore Fiddie; JANE LOW, being a fictitious name used to designate the surviving spouse, if any of Theodore Fiddie; JOHN LOW 1-10,001 being fictitious names to represent the heirs, devisees of any surviving spouse of Theodore Fiddie; JACK LOW 1-10,001, being fictitious names used to designate the heirs, devisees and surviving spouses of any heir, devisee of a surviving spouse of Theodore Fiddie; JAMES LOW being any person entitled to claim an interest in any property by virtue of intestate succession or devise from Theodore Fiddie through any person or person, without regard to how remote such interest have devolved from Theodore Fiddie; the Estates, Executors, Personal Representatives or Special Administrators of Charlotte Fiddie, Theodore Fiddie, Jr., Paul Fiddie, Daisy Fiddie, Annie Fiddie, and, Harry Fiddie; the intestate heirs of Charlotte Fiddie, Theodore Fiddie, Jr., Paul Fiddie, Daisy Fiddie, Annie Fiddie, and Hattie Fiddie; the devisees of Charlotte Fiddie, Theodore Fiddie, Jr., Paul Fiddie, Daisy Fiddie, Annie Fiddie, and Hattie Fiddie; the surviving spouses of Charlotte Fiddie, Theodore Fiddie, Jr., Paul Fiddie, Daisy Fiddie, Annie Fiddie, and Hattie Fiddie; the heirs or devisees of any surviving spouse or heir or devisee of Charlotte Fiddie, Theodore Fiddie, Jr., Paul Fiddie, Daisy Fiddie, Annie Fiddie, and Hattie Fiddie; the Estate of Sam Fiddie, any and all Personal Representatives, Executors, or Special Administrators of any Estate of Same Fiddie; JANE MOW, being a fictitious name used to designate the surviving spouse, if any of Sam Fiddie; JOHN MOW 1-10,001, being fictitious names to represent the heirs, devisees and surviving spouses of Sam Fiddie and any surviving spouse of Sam Fiddie; JACK MOW 1-10,001 being fictitious names used to designate the heirs, devisees and surviving spouses of any heir, devisee or surviving spouse of Sam Fiddie or any surviving spouse of Sam Fiddie; JAMES MOW being any person entitled to claim an interest in any property by virtue of intestate succession or devise from Sam Fiddie through any person or persons, without regard to how remote such interest have devolved from Sam Fiddie; Mamie Fiddie Parker; Bertie Fiddie Barnette; Harry Fiddie; Jimmy Fiddie; Raymond Fiddie; Frank Clark; Francis Fiddie; Billy Wilson; Leroy Mixon; JAMES NOWS 1-100,001 being fictitious names used to represent the Estates of Frank Clark, Francis Fiddie, Billy Wilson, LeRoy Mixon, or the personal representative(s), executor(s) or special administrators(s) of the Estate(s) of Frank Clark, Francis Fiddie, Billy Wilson, LeRoy Mixon the surviving spouses of Frank Clark, Frances Fiddie, Billy Wilson, LeRoy Mixon, the intestate heris and the devisee of Frank Clark, Frances Fiddie, Billy Wilson, or LeRoy Mixon, the intestate heirs and the devisee of Frank Clark, Frances Fiddie, Billy Wilson, or LeRoy Mixon, the intestate heirs and the devisee of Frank Clark, Frances Fiddie, Billy Wilson, or LeRoy Mixon, or their surviving spouses, if any: Betty(nee) Colins; Mary (nee) Collins; Hazel (nee) Collins, Theodore Fiddie, James Fiddie, Mary Fiddie, Nancy Fiddie; Veronica Anderson; Gilbert Anderson; Pat Anderson; Elloree Bryant, Jr., Helen Bryant; Melvin Mixon; JOHN ZOES 1-100,001, being fictitious names used to represent the surviving spouses and heirs and devisees of Betty (nee) Colins; Mary(nee) Collins; Hazel(nee)Collins, Theodore Fiddie, James Fiddie, Mary Fiddie; Nancy Fiddie, Veronica Anderson; Gilbert Anderson; Pat Anderson; Elloree Bryant, Jr., Helen Bryant; Melvin Mixon; JOHN ZOES 1-100-001 being fictitious names used to represent the surviving spouses and heirs and devisees of Betty (nee) Colins; Mary (nee) Collins; Hazel (nee)Collins, Theodore Fiddie, James Fiddie, Mary Fiddie; Nancy Fiddie, Veronica Anderson; Gilbert Anderson; Pat Anderson; Elloree Bryant, Jr.; Helen Bryant; Melvin Mixon, the estate(s) of, personal representatives and special administrators of any Estates of Betty(nee)Colins; Mary(nee)Collins; Hazel (nee)Collins, theodore Fiddie; James Fiddie; Mary Fiddie; Nancy Fiddie, Veronica Anderson; Gilbert Anderson; Pat Anderson; Elloree Bryant, Jr.; Helen Bryant; Melvin Mixon, or any heirs or devisees of said persons' heirs or devisees of or said persons' surviving spouse; Ruth Fiddie, The Estate of Harry Fiddie or any personal representatives, Executors, or Special Administrators of Harry Fiddie, Ricky Fiddie, J.L. Clark, Kenny Clark, Mary Fiddie Metts, Veronica Anderson Wallace, Larry Anderson, the Estate of Larry Anderson, Personal Representatives or Special Administrators of Larry Anderson, Pat Anderson, any and all Heirs and Devisees of Larry Anderson, Misty Anderson, and any other person who claims an interest through any person listed supra herein: and also JENNY LOWES 1-1,000,001 being fictitious names used to designate any person who may claim an interest in the property set forth more fully in the complaint, being in the County of Berkeley, State of South Carolina, TMS NUMBER 1610001013, by virtue of devise or descent from any person listed above or herein, or by deed or tax deed or foreclosure, or by any other means or manner; and those persons who claim or may claim such interest who are imprisonedjwithin or outside of the State of South Carolina, or who are incompetent, or who are minors or who are protected by the provisions of that law known as the Soldiers and Sailors Civil Relief Act, as amended from time to time, as found codified in Title 50 App. of the United States Code of Laws, Also all other persons unknown, claiming any right, title, estate, interest in or lien upon the real estate described in the complaint herein, Defendants, of whom Raymond Fiddie, Jimmy Fiddie, Frank O. Clark, Jr., Hattie Dangerfield, Bertie Fiddie Barnette, Mamie Fiddie Parker, Paul Fiddie Jr., Theodore Fiddie Jr., Kenneth Clark, Jim L. Clark, Gilbert Anderson, Veronica Anderson Shaw, Patricial Fiddie Jackson, Pauline Fiddie Walker, Mary F. Varner are Respondents.

Melvin Richardson Hyman, Jr, of Charleston, for Appellants. John B. Williams and J. Jay Hulst, of Moncks Corner, for Respondents.

Appellants Alan and Joyce Fiddie appeal from the grant of summary judgment on their action to quiet title. On appeal, the Fiddies argue the trial court erred by granting summary judgment where there is a question of material fact regarding their causes of action for adverse possession and ouster.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18523   The State, Respondent, v. Bradley Scott Senter, Appellant.

Appellate Defender Dayne C. Phillips, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina Catoe, of Office of the Attorney General, of Columbia, for Respondent.

Bradley Senter appeals his convictions of assault and battery with intent to kill and criminal domestic violence of a high and aggravated nature. Senter argues the trial court erred (1) in denying his motion for a directed verdict of not guilty by reason of insanity and (2) in denying his motion to waive his right to a jury trial.

 
Tuesday, November 1, 2011
Solomon Blatt Building, Room 110
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18259   Marcus J. Parker, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Elizabeth A. Franklin, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Matthew Friedman, of Office of the Attorney General, of Columbia, for Respondent.

Parker appeals the summary dismissal of his third application for post-conviction relief. The PCR judge dismissed the claim as successive and filed outside of the statute of limitations. Parker alleges his application is not successive because his trial counsel did not tell him his five-year sentence for possession of a firearm during the commission of a violent crime was mandatory.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18826   2009-CP-07-02850 Road/Route Bluffton Parkway, Phase 5 Tract No. 61, 62, 63 County of Beaufort, a political subdivision of the State of South Carolina, Appellant, v. Towne Center, LLC, and First South Bank, Respondents________________________________2009-CP-07-03760 Beaufort County, Condemenor, v. DJM Properties, LLC, Landowner and Beach First National Bank, Palmetto Electric Cooperative, Inc., Executive Golf Club, Inc., and Central Electric Power Cooperative, Inc., other Condemnees.

D. Reece Williams, III, and Kathleen M. McDaniel, of Columbia, for Appellant. Howell Bellamy, Jr. and Robert Shelton, of Myrtle Beach, for Respondent Towne Center. Jeffrey Silver, of Columbia, for Respondent First South Bank.

In this eminent domain case, the County of Beaufort (the County) appeals the trial court's denial of the County's motion to amend its condemnation notice and tender of payment. The County argues (1) the trial court abused its discretion in holding Towne Center, LLC and First South (collectively, Respondents) would be prejudiced by the County's proposed amendment and (2) the determination of the proper date for valuing the additional parcel is not preserved for appellate review. Respondents contest these arguments and raise additional sustaining grounds that the appeal is moot and interlocutory.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18703   The State, Respondent, v. Gerald Fripp, Appellant.

Appellate Defender Dayne C. Phillips, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark Farthing, of Office of the Attorney General, of Columbia, for Respondent.

Gerald Fripp appeals his conviction for second-degree burglary arguing the trial court erred in (1) permitting State's witnesses to testify the burglar appearing on a videotape was him (2) permitting an investigating officer to repeat hearsay statements on his observations on the day of the burglary (3) permitting the introduction of his statement without establishing it was knowingly and voluntarily made (4) permitting the introduction of two prior convictions to establish second-degree burglary when it was undisputed the burglary happened in a building at night (5) refusing to strike a juror who was the victim in a pending burglary case.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18541   Vaughn Smith, Appellant, v. South Carolina Department of Probation, Parole, and Pardon Services, Respondent.

Tommy Arthur Thomas, of Irmo, for Appellant. Teresa A. Knox, of Columbia, for Respondent.

In this administrative appeal, Smith appeals a decision of the administrative law court rejecting Smith's constitutional arguments. Smith argues that (1) he has a due process liberty interest in parole and (2) the Department violated the Ex Post Facto clauses of the State and Federal Constitutions by applying guidelines that were adopted after his conviction.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18371   Ronald Fitzjohn, Appellant, v. Gary Player a/k/a Gerald Player, Respondent.

John Judson Hearn, of Columbia, for Appellant.i Julie Jeffords Moose, of Florence, and David Richard Sligh, of Myrtle Beach, for Respondent.

After the previous owner of real property (the Property) defaulted on both a mortgage loan and property taxes, the lender and the Horry County Delinquent Tax Collector commenced separate collection proceedings. Player purchased the Property at a tax sale, and Fitzjohn later purchased the Property from the lender following a foreclosure sale. More than four years later, Fitzjohn filed an action against Player to set aside the tax sale. The circuit court dismissed Fitzjohn's Complaint. Fitzjohn appeals, arguing the circuit court erred in finding the statutory period for challenging the tax sale barred his action.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18471   The State, Respondent, v. John Jabbar Greene, Appellant.

Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina Catoe, of Office of the Attorney General, of Columbia, for Respondent.

Greene was convicted of two counts of armed robbery, two counts of kidnapping, and one count of second-degree burglary and received concurrent sentences totaling thirty years' imprisonment. He appeals, arguing the trial court erred in refusing to suppress (1) DNA evidence collected in violation of his Fourth Amendment rights and (2) a statement he made to the sheriff's department after being advised of his Miranda rights and invoking his right to remain silent.

 
Wednesday, November 2, 2011
Solomon Blatt Building, Room 110
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18681   The State, Appellant v. William R. Lafferty and Charles Spychala, Respondents.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Joshua Richard Underwood, of Office of the Attorney General, of Columbia, for Appellant. Stuart Mark Axelrod, of Myrtle Beach, for Respondents.

The State appeals the trial court's grant of a new trial to Lafferty and Spychala on charges of presenting false claims for payment, arguing the court either based its decision on an erroneous legal theory or improperly substituted its own judgment for that of the jury.

 
Wednesday, November 2, 2011
Solomon Blatt Building, Room 110
(Court convenes at 10:40 a.m.)
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18151   Nikol M., Individually and as Natural Guardian for Lorelle M., a Minor, Appellant, v. Horry County School District, Respondent.

Daniel A. Hunnicut, of Conway, for Appellant. Allen D. Smith and Jasmine S. Rogers, of Columbia, for Respondent.

In this personal injury case resulting from a student being injured during a school physical education class, Nikol Maman appeals the trial court’s grant of summary judgment to Horry County School District. Maman contends the trial court erred in finding the evidence only supported the inference the School District exercised at least slight care.

 
Wednesday, November 2, 2011
Solomon Blatt Building, Room 110
(Court convenes at 11:20 a.m.)
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18707   The State, Respondent, v. Bentley Collins, Appellant.

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

Bentley Collins was convicted of involuntary manslaughter and three counts of owning a dangerous animal. He appeals the admission of autopsy photographs of a ten-year-old boy killed by his dogs. He also appeals the trial judge's denial of a directed verdict.

 
Wednesday, November 2, 2011
Solomon Blatt Building, Room 110
(Court convenes at 12:00 p.m.)
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18713   Gregory Ford and Leslie Ford, Appellants, v. Beaufort County Assessor, Respondent.

John J. Pringle, Jr. and Christian L. Rogers, of Columbia, for Appellants. Stephen P. Hughes, of Beaufort, for Respondent.

The Fords appeal a decision of the administrative law court upholding the Beaufort County Assessor's denial of their application for a four percent assessment property tax ratio for a residence, arguing the court erred in its construction of South Carolina Code section 12-43-220(c)(1).

 
 
Cases to be Submitted Without Oral Argument
16688    The State, Respondent, v. Derrick Grant, Appellant.

16771    The State, Respondent, v. Hector Mauricio Espinosa-Pacheco, Appellant.

17535    The State, Respondent, v. William Ricky Welch, Appellant.

18213    The State, Respondent, v. Willie Chambers, Appellant.

18335    Case # 1999-DR-23-2327 John Rogers, Respondent, v. Outi Koski Rogers, Appellant.__________Case # 2005-DR-23-4336 John Rogers, Respondent, v. Outi Koski, Appellant.

18378    In The Matter of the Care And Treatment of Luis Lopez, Appellant.

18391    Reverend Franklin C. Reaves, Appellant, v. Brenda Ivey, City Treasurer of Mullins, J.C. Richardson, Tax Collector of the City of Mullins, Robert H. Corley, City Attorney of Mullins, J. Wayne George, Mayor of City of Mullins, George H. Hardwick, Director of Finance of City of Mullins, Joyce W. Lett, Marion County Treasurer, John A. Padgett, Marion County Auditor, Respondents.

18422    The State, Respondent, v. Kenneth Wayne Brown, Appellant.

18425    Heather J. Blalock, Respondent, v. Michael Blalock, Appellant.

18440    The State, Respondent, v. Quinton Lawrence Tobbie a/k/a Quentin Lawrence Tobbie, Appellant.

18467    The State, Respondent, v. Adrian Eaglin, Appellant.

18468    The State, Respondent, v. Rahiem Kirkman, Appellant.

18480    The State, Respondent, v. James Barnett, Appellant.

18481    The State, Respondent, v. Michael D. Jackson, Appellant.

18485    The State, Respondent, v. Patrick Herb, Appellant.

18511    The State, Respondent, v. Leroy A. McKenzie, Appellant.

18512    The State, Respondent v. Martina Putnam, Appellant.

18524    The State, Respondent, v. Michael Alan Morris, Appellant.

18525    The State, Respondent v. Walter Calvin Priester, Appellant.

18526    The State, Respondent, v. Andre Norris, Appellant.

18532    The State, Respondent, v. Antonio Moultrie, Appellant.

18534    Robert Rondeau, Respondent, v. South Carolina Department of Corrections, Appellant.

18540    Charles Sarrio, Dolly Sarrio and Daughter Joey Matthews, Fran Matthews and children, Robert Randle, J.E. Parnell, Catherine Parnell and children, Barber Kolesar, Millard Rogers and Concerned Citizens of Sparrow Swamp, Appellants, v. South Carolina Department of Health and Environmental Control and Will Ward Farm, Respondents.

18556    Christine Fiedler Middleton, Appellant, v. Anthony John Middleton, Respondent.

18563    Emmanuel McFadden, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

18566    Zachary V. Miller, Petitioner, v. State of South Carolina, Respondent.

18576    State of South Carolina, Respondent, v. Regina Lashawn Jenkins, Lisa M. Riddle Representing A-1 Bonding & Enterprises, Inc., and American Surety Company, Appellants.

18579    Charles Ray Carter, Appellant, v. South Carolina Department of Corrections, Respondent.

18580    Michael David Coffey, Appellant, v. Lisa A Webb n/k/a Lisa Strid, Respondent.

18583    Rudy Cassady, #238732, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

18587    Franklin Dennison, #73516, Appellant, v. South Carolina Department of Corrections, Respondent.

18616    The State, Respondent, v. Jarvis Dequan Gibbs, Appellant.

18617    The State, Respondent, v. Derrick Criswell, Appellant.

18619    The State, Appellant, v. William Kirkland, Respondent.

18628    The State, Respondent, v. Michael Villiers, Appellant.

18716    George Wilford Fickens, #67671, Appellant, v. Medical University of South Carolina, Respondent.

18754    The State, Respondent, v. Alfred Adams, Appellant.

18755    Joshua Cramer, #251406, Appellant, v. South Carolina Department of Corrections, Respondent.

18778    State of South Carolina, Respondent, v. Martin J. Eslick, Appellant.

18780    The State, Respondent, v. Edmond Goodman, Appellant.

18783    The State, Respondent v. Jaymes Michael Wood, Appellant.

18784    The State, Respondent v. John Liberto, Appellant.

18785    The State, Respondent v. James Anthony Tucker, Appellant.

18787    The State, Respondent v. Martha Reames, Appellant.

18788    The State, Respondent v. Brian Sturgeon, Appellant.

18791    The State, Respondent, v. Chrystopher Ingram Shell, Appellant.

18792    The State, Respondent v. Michael O. Williams, Appellant.

18793    The State, Respondent, v. Norman Lee Mitchell, Appellant.

18795    Judy B. South, Respondent, v. Brian L. South, Appellant.

18796    Donald Auker, Appellant, v. Ridgeway Health and Rehab and The Phoenix Insurance Company, Respondents.

18798    George Vessell, Appellant, v. Jane M. Knagenhjelm, personally; The Estate of Ludvig Knagenhjelm; the Unknown Heirs of Ludvig Knagenhjelm; Jane M. Knagenhjelm, as Personal Representative of the Estate of Ludvig Knagenhjelm and Kathy Knagemhjelm, Respondents.

18803    Denise McCauley, Respondent, v. JSP Consulting, LLC, d/b/a The Neutrino Group, Appellant.

18804    Thomas J. Owens, Jr., Employee, Appellant, v. Thompson Construction Group, Inc., Employer, and New Hampshire Insurance Company, Carrier, c/o Gallagher Bassett Services, Defendants/Respondents, Respondents.