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November 2014 |
NEXT
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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Monday, November 3, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-212972 Alison Morrett, Employee, Claimant, Appellant,
v.
Capital City Ambulance, of GA, Ltd., and Companion Property and Casualty Group, Employer, Carrier, Respondents. Jack Bradley Baker of J. Bradley Baker, LLC, of Lexington, for Appellant. Michael E. Chase and Carmelo Barone Sammataro, both of Turner Padget Graham & Laney, PA, of Columbia, for Respondents. In this workers' compensation case, Claimant appeals the order of the Appellate Panel reversing the Single Commissioner's determination she sustained her burden of proving an aggravation of her pre-existing psychological and eating disorders. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-213295 The State, Respondent,
v.
Darryl L. Drayton, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Darryl L. Drayton appeals his murder conviction, arguing the trial court made the following errors: (1) refusing to charge the jury concerning how to consider circumstantial evidence; (2) admitting evidence where the search warrant lacked probable cause; and (3) limiting Drayton's cross-examination of the pathologist concerning the toxicology report relating to the deceased. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-213018 The State, Appellant,
v.
Bailey Taylor, Respondent. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Appellant. Travis Ashley Newton of The Newton Law Firm, P.A., of Anderson, for Respondent. The State appeals the circuit court's affirmance of the magistrate court's dismissal of Bailey Taylor's driving under the influence arrest. The State argues the circuit court erred in affirming the dismissal by finding (1) Taylor had to remain in full view of the camera for the duration of the recording and (2) the arresting officer was required to submit an affidavit explaining why Taylor left the field of view of the camera. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-001188 Fayrell Furr and Karole Jensen, Respondents,
v.
Horry County Zoning Board of Appeals, Appellant. Emma Ruth Brittain of Thomas & Brittain, P.A, of Myrtle Beach, for Appellant. Gene McCain Connell, Jr. of Kelaher Connell & Connor, PC, of Surfside Beach, for Respondents. The Horry County Zoning Board of Appeals (the Board) appeals the circuit court's reversal of the Board's determination that a hospice facility was permitted within a Commercial Forest Agricluture Zoning District. The Board contends the circuit court failed to give the Board's findings of fact the appropriate deference and that the circuit court subsituted its own judgment on the issue. |
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Tuesday, November 4, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-197607 The State, Respondent,
v.
Christopher Jerome Shippy, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent. Christopher Jerome Shippy appeals his conviction of malicious injury to personal property, arguing the trial court erred in (1) permitting the State to show a photograph of Shippy to a witness immediately prior to trial, and (2) admitting the witness's in-court identification of Shippy. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-212269 The State of South Carolina, Respondent,
v.
Jon Wynn Jarrard, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Craig Robert Stanley, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent. Jon Wynn Jarrard appeals his convictions for criminal sexual conduct with a minor and committing a lewd act upon a minor. Jarrard contends the trial court erred in allowing the State to introduce evidence of a prior conviction under section 16-3-655(A)(2) of the South Carolina Code, because the introduction of the conviction denied him due process. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-208388 The State, Respondent,
v.
Kenneth Thomas Gahagan, Appellant. Patrick Coleman Wooten, of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mary Shannon Williams, both of Columbia, for Respondent. Kenneth T. Gahagan appeals his conviction of lewd act on a minor, arguing the trial court erred in (1) refusing to permit him to re-cross examine a witness regarding a matter introduced during re-direct examination; and (2) denying his motion for a directed verdict. |
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Wednesday, November 5, 2014 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-213554 The State, Respondent,
v.
Hayword Tony Chambers, Appellant. Jay T. Thompson of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Solicitor Cecil Kelly Jackson, of Sumter, for Respondent. Hayword Tony Chambers appeals his conviction for voluntary manslaughter, arguing the trial court erred in admitting evidence of an alleged prior bad act and in charging the jury on voluntary manslaughter. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-213729 The State, Respondent,
v.
Maurio Daetrel Rivers, Appellant. Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mary Shannon Williams, both of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent. Maurio Rivers appeals his conviction for attempted murder, arguing the trial court erred in (1) denying his motion for a directed verdict and (2) failing to instruct the jury regarding the required intent for an attempted murder conviction. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-213741 The State, Respondent,
v.
James Walker, Appellant. Daniel L. Blake of Blake Law Firm, PA, of Bennettsville, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Tracy A. Meyers, both of Columbia, for Respondent. Solicitor Donald V. Myers, of Lexington, for Respondent. James Walker appeals his conviction for two counts of committing a lewd act upon a child, arguing the trial court erred in denying his directed verdict motion based on the State's failure to prove intent. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2013-000784 The State, Respondent,
v.
Richard Lanard Sprinkle, Appellant. Tina Marie Cundari of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent. Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent. Richard Sprinkle appeals his convictions for first-degree burglary, first-degree assault and battery, and two counts of armed robbery, arguing the trial court erred in: (1) denying his motion to suppress identification evidence; (2) limiting the cross-examination of a witness; (3) denying his motions for a directed verdict and a new trial; and (4) failing to charge the lesser-included offense of second-degree assault and battery. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2013-001668 Henton T. Clemmons, Jr., Employee, Appellant,
v.
Lowe's Home Centers, Inc.-Harbison, Employer, and Sedgwick Claims Management Services, Inc., Carrier, Respondents. Preston F. McDaniel of McDaniel Law Firm, of Columbia, for Appellant. M. McMullen Taylor of Mullen Taylor, LLC, of Columbia, for Respondents. Weston Adams, III, and Kelly Fitzharris Morrow, both of McAngus Goudelock & Courie, LLC, of Columbia, for Respondents. Helen Faith Hiser of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondents. In this appeal from the Appellate Panel of the Workers' Compensation Commission (Appellate Panel), Henton T. Clemmons, Jr., argues the Appellate Panel erred by (1) setting a hearing based on a request made by Lowes Home Centers, Inc.-Harbison and Sedgwick Claims management Services (Respondents) to pay compensation under section 42-9-260 of the South Carolina Code (Supp. 2013), (2) failing to make a determination that Clemmons had sustained a 50% or greater loss of use of his back, (3) declining to separately award permanent disability benefits to Clemmons for residual myelopathy, (4) failing to make a separate award for Clemmons' lower back, and (5) placing greater weight in the authorized treating neurosurgeon's reports. |
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3:40 p.m. | (Time Limits: 10-10-5) |
2013-001778 Nathalie I. Davaut, Employee, Claimant, Appellant,
v.
University of South Carolina, and State Accident Fund, Defendants, Respondents. Paul L. Reeves of Reeves Law Firm, LLC, of Columbia, for Appellant. Paul Linwood Hendrix of Jones & Hendrix, PA, of Spartanburg, for Respondents. Nathalie I. Davaut ("Davaut") appeals the Appellate Panel of the Workers' Compensation Commission's ("Appellate Panel") order affirming the Workers' Compensation single commissioner's ("single commissioner") denial of workers' compensation benefits. Davaut contends the Appellate Panel and single commissioner erred as a matter of law in (1) concluding she failed to prove she was "in the course of employment" at the time of the accident, (2) deeming the facts of Howell v. Pacific Mills, 291 S.C. 469, 354 S.E.2d 384 (1987) analogous to the case at bar, and (3) basing the denial, in part, on the fact that she made a discretionary choice as to which lot she parked her car in. |
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Thursday, November 6, 2014 | |
Courtroom I
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09:30 a.m. | (Time Limits: 10-10-5) |
2013-001690 The State, Respondent,
v.
Kenneth Jowan Craig Dennis Gregory Placone of Nexsen Pruet, LLC, of Columbia, for Appellant. Chief Appelllate Defendere Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent. Solicitor Barry Joe Barnette of Spartanburg, for Respondent. In this criminal appeal, Kenneth Jowan Craig argues the trial court erred by admitting an unduly suggestive, out-of-court identification. Craig asserts that because the out-of-court identification was inadmissible, the admission of the in-court identification of Craig by the same witness was also reversible error. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-000224 The State, Respondent,
v.
Erick E. Hewins, Appellant. Jessica Hanna Lerer of Strom Law Firm, LLC, of Lexington, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mary Shannon Williams, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Hewins appeals his convictions for trafficking crack cocaine and possession of a controlled substance, arguing the trial court erred by refusing to suppress drug evidence found by police pursuant to a stop and frisk under Terry v. Ohio, 392 U.S. 1 (1968) and during a post-arrest search of his car, because the arresting officer: (1) failed to articulate a reason for initially stopping him, (2) did not have reasonable suspicion to conduct a Terry frisk, and (3) unlawfully reached into his pocket a second time. In addition, Hewins raises a chain of custody issue with regard to the drugs discovered by police. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000682 The State, Respondent,
v.
Larold Lee Morris, Appellant. Chris Paton of Chris Paton LLC, of Charleston, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Special Assistant Attorney General Norman Mark Rapoport, of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. Larold L. Morris ("Morris") appeals his convictions in Pickens County Circuit Court for burglary in the first degree, possession of a pistol with an obliterated serial number, armed robbery, and conspiracy. Morris argues (1) the circuit court erred in denying his motion to suppress evidence obtained pursuant to a search warrant based on a conclusory affidavit, and (2) the admission of this evidence was not harmless. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000302 The State, Respondent,
v.
Brandon C. Wingard, Appellant. Perry Buckner DeLoach, Jr. of The Law Offices of Perry B. DeLoach, Jr., LLC, of Greenville, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Deputy Attorney General David A. Spencer, and Assistant Attorney General Mary Frances G. Jowers, all of Columbia, for Respondent. Solicitor Douglas A. Barfield, Jr., of Lancaster, for Respondent. Brandon Wingard appeals his conviction for receiving stolen goods, arguing the trial court erred in failing to suppress his oral statements to investigators when the statements were not timely disclosed pursuant to Rule 5, SCRCrimP. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-000575 Ex parte: South Carolina Property and Casualty Insurance Guaranty Association, Appellant, and South Carolina Uninsured Employers' Fund, Respondent,
In re:
Artemio Alvarez, Steven Cameron, William Brockman, Martha Burke, Lucille Dwight, Robert Hunter, Tammy Miller, Patricia Wade-Portee, Jessie Pringle, and Ruth Harmon, Claimants,
v.
Quality HR Services, Inc., Spectrum HR, LLC, Keith's Welding Service, Inc., and Capital City Insurance Co. Inc., Defendants,
Of whom Quality HR Services, Inc., Keith's Welding Service, Inc., and Capital City Insurance Co. Inc. are Respondents. Latonya Dilligard Edwards of Dilligard Edwards, LLC, of Columbia, for Appellant. Joseph Hubert Wood, III, and Kathryn Fiehrer Walton, both of Wood Law Group, LLC, of Charleston, for Appellant. Duke K. McCall, Jr. of Smith Moore Leatherwood, LLP, of Greenville, for Respondent William Brockman and for Respondent Quality HR Services. Zandra L. Johnson of The Law Firm of Zandra L. Johnson, LLC, of Greenville, for Respondent Quality HR Services. Joseph G. Francis, Jr. of Howard Howard Francis & Reid, of Greenville, for Respondent Steve Cameron. Ben C. Harrison of Harrison White Smith & Coggins, PC, of Spartanburg, for Respondent Ruth Harmon. David Hill Keller of Constangy Brooks & Smith, LLP, of Greenville, for Respondent South Carolina Uninsured Employers Fund. Thomas M. White of The Steinberg Law Firm, LLP, of Goose Creek, for Respondent Jessie Pringle. Scott Burke Garrett of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent Calhoun Convalescent Center and Security Insurance of Hartford in Dwight. Daniel Ernest Peagler of McGowan Hood & Felder, LLC, of Columbia, for Respondent Patricia Wade-Portee. Robert Emmet Treacy, Jr. of George Sink, PA Injury Lawyers of North Charleston, for Respondent Jessie Pringle. Glenn Walters, Sr. of Glenn Walters & Associates, PA, of Orangeburg, for Respondent Lucille Dwight. Michael W. Burkett of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondent Laurel Baye Healthcase and Key Risk Insurance. Benjamin Mason Renfrow and Wesley Jackson Shull, both of Willson Jones Carter & Baxley, P.A., of Greenville, for Respondent Keith's Welding.P.A. and for Respondent QBE Specialty Insurance. Candace G. Hindersman of Willson Jones Carter & Baxley, P.A. of Columbia SC for Respondent Capital City Insurance Company. In this workers' compensation matter, the appellant South Carolina Property and Casualty Insurance Guaranty Association argues the circuit court erred in reversing the Workers' Compensation Commission's holding regarding Guaranty Association's responsibility to pay certain insurance claims subject to this appeal. |
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Wednesday, November 12, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2009-112446 Amie Carroll Gitter, Appellant,
v.
Morris Frederick Gitter, Respondent,
Charleston County Department of Social Services, Respondent,
v.
Amie Gitter and Morris Gitter, Defendants,
Of Whom Amie Gitter is the Appellant,
and Morris Gitter is the Respondent.
In the interest of a Minor Child.
Amie Carroll Gitter, Appellant,
and Doris Finley, Renee Finley, and Michelle Finley-Pate, Defendants,
v.
Morris Frederick Gitter, Respondent. Thomas R. Goldstein of Belk Cobb Infinger & Goldstein, PA, of Charleston, for Appellant. Robert N. Rosen of Rosen Law Firm, LLC, of Charleston, for Respondent. Christopher Brian Paton of Chris Paton LLC, of Charleston, for Respondent. Frampton Durban, Jr. of North Charleston, for Respondent South Carolina Department of Social Services. Dorothy Allen Badger of Charleston, Guardian Ad Litem. In this custody dispute, Mother appeals the family court's awarding Father custody of their child, contending both parties are equally fit. She also argues the family court erred in requiring her to attend counseling and not ordering counseling for the child. Additionally, she asserts the family erred in striking an argument. She further disputes the award of attorney's fees. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000858 Jean Herring-Wilson, Appellant,
v.
Michael A. Wilson, Respondent. Donald Bruce Clark of Donald B. Clark, LLC, of Charleston, for Appellant. J. Michael DeTreville of DeTreville Law & Mediation, LLC, of Charleston, for Respondent. Alice Richter Lehrman, pro se, Guardian ad Litem. Appellant challenges the family court's qualification of an expert, valuation of a marital business, apportionment of marital assets and debts, requirement that Appellant make payments on the martial home and certain debts, and award of attorney's fees, expert fees, and private investigator fees to Respondent. |
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Tuesday, November 18, 2014 | |
Courtroom I
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09:15 a.m. | (Time Limits: 10-10-5) |
2012-213405 The State, Respondent,
v.
Raheem D. King, Appellant. Jenny L. Barwick of Jenny L. Barwick, Attorney at Law, P.A., of Greenville, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. King appeals his convictions for attempted murder, armed robbery, and possession of a firearm during the commission of a violent crime, arguing the trial court erred by: (1) charging the jury that attempted murder is a general intent crime and that malice may be inferred from the use of a deadly weapon, (2) allowing hearsay testimony as to the number of shots fired, (3) allowing the State to publish King's detention center phone call when the danger of unfair prejudice substantially outweighed the probative value of the call, and (4) admitting cell phone records when the search warrant for those records was based on a previous warrantless search. |
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Wednesday, November 19, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-000057 Doris F. Atkinson and William E. Atkinson, Jr., Appellants,
v.
James A. Williams, Jr., M.D. and South Carolina Oncology Associates,
Respondents. Daryl James Corbin, of Florence, for Appellants. Thomas C. Salane and R. Hawthorne Barrett, both of Turner Padget Graham & Laney, PA, of Columbia, for Respondents. William Curry McDow of Richardson Plowden & Robinson, PA, of Columbia, for Respondents. Doris and Williams Atkinson appeal the trial court's denial of their JNOV and new trial motions based on the court's failure to charge the jury with spoliation of evidence in their lawsuit against Dr. James A. Williams and South Carolina Oncology Associates. |
Monday, November 3, 2014 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-001960 John Sifonios, individually and as agent for William Rempfer and Gary Sedlack, Appellant,
v.
Town of Surfside Beach, Respondent. Robert H. Gwin, III of Gwin Law Office, LLC, of Myrtle Beach, for Appellant. Michael Warner Battle of Battle Law Firm, LLC, of Conway, for Respondent. This appeal involves the validity of a lease agreement between Appellant and the Town of Surfside Beach. Appellant claims that although the lease was neither signed nor delivered by the Town, the equivalent signatory and delivery acts occurred when the Town Council approved the proposed form of the lease and posted minutes recording this approval on its website. The Town contends the proposed lease is void because it was never signed and delivered as contemplated by both parties. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-002137 Thomas P. and Desiree J. Lyons, Respondents,
v.
Fidelity National Title Insurance company as successor by merger to Lawyers Title Insurance Corporation, Bobby Gene Martin, and The Security Title Guarantee Corporation of Baltimore, Defendants,
Of Whom The Security Title Guarantee Corporation of Baltimore is the Appellant. Ray Coit Yarborough, Jr., of Florence, for Appellant. David K. Haller of Haller Law Firm, of Charleston, for Respondents. In this action for breach of contract and bad faith failure to pay insurance claims, The Security Title Guarantee Corporation of Baltimore (Security Title) seeks review of the trial court's orders granting partial summary judgment in favor of Thomas P. Lyons and Desiree J. Lyons (collectively Respondents) and denying Security Title's motion to alter or amend. Security Title argues that the trial court erred in: (1) finding that Respondents' claims against Security Title were not barred by the statute of limitations; (2) holding that a county "no-build" resolution appeared in the public record on the date the policy was issued; (3) holding that a zoning regulation imposing a land restriction was a defect in title triggering coverage under Covered Title Risk 13 of the policy and not excluded from coverage under Exclusion 1 of the policy; (4) finding that Respondents did not mitigate their damages; and (5) determining the date of loss. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-209447 The State, Respondent,
v.
Ubaldo Garcia, Jr., Appellant. Deputy Appellate Defender Wanda H. Carter, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent. Appellant Ubaldo Garcia challenges his sentence for trafficking in cocaine. Appellant argues the sentencing judge erred in failing to give Appellant credit for time served on house arrest and GPS monitoring because section 24-13-40 of the South Carolina Code (Supp. 2013) allows credit for monitored house arrest. Appellant also argues the GPS monitoring curtailed his liberty, resulting in a status equivalent to a prisoner confined to a penal facility. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-212942 John Russell Fleming Jr., Respondent,
v.
Kelly Dawn Fleming, Appellant. Emma Isabelle Bryson of Bryson Law Office, LLC, of Columbia, for Appellant. Michael W. Self of McDougall & Self, LLP, of Sumter, for Respondent. Robert L. Widener of McNair Law Firm, PA, of Columbia, for Respondent. Frances Ricci Land Welch of Land Parker & Welch, PA, of Manning, for Guardian Ad Litem. In this divorce action, Appellant Kelly Dawn Fleming (Wife) appeals the family court's Final Order arguing the family court erred in: (1) valuating the medical office building of John Russell Fleming (Husband); (2) awarding Wife an insufficient amount of alimony; and (3) not awarding Wife attorney's fees. |
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Tuesday, November 4, 2014 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-000452 R.C. Frederick Hanold, III and Rose F. Hanold, and Carol R. Mitchell and George P. Mitchell, Jr., Respondents,
v.
Watson's Orchard Property Owners Association, Inc., a South Carolina Corporation, and Pelham Farm, LLC, a South Carolina Corporation, Legacy One, LLC, a South Carolina Corporation, SESP LLC, a South Carolina Corporation, an unknown Trustee of the Revocable Trust Agreement Dated March 19,1996 established by James B. Stephens as amended, and unknown Jay Stephens and Mike Stephens as Co-Personal Representative of the Estate of James B. Stephens, Defendants,
Of whom Pelham Farm, LLC, a South Carolina Corporation, Legacy One, LLC, a South Carolina Corporation, an unknown Trustee of the Revocable Trust Agreement Dated March 19, 1996 established by James B. Stephens as amended, and unknown Jay Stephens and Mike Stephens as co-Personal Representative of the Estate of James B. Stephens, are the Appellants.
v.
Property Owners in Watson's Orchard Subdivision: N. Carter Poe, III; McNally Reeves, as Trustee of the Residual Trust under item Five of the Last
Will and Testament of Hattie L. Reeves dated February 9, 1998; Janet B. Yusi; Lucy S. Tiller; James G. Stephens; Rachel P. McKaughan; Ramon J. Ashy and Jana Ashy; Christopher D. Scalzp and Heather V. Scalzo; Erma R. Rash, as Trustee of the Erma R. Rash Revocable Trust dated February 12, 2010; James Edwin Conrad, as Trustee of the James Edwin Conrad Living Trust dated September 7, 2010; Sue Lane Conrad; Horst H. H. Eschenberg and Floride C. Eschenberg; Caryl L. Clover, as Trustee of the Caryl L. Clover Revocable Living Trust Agreement dated May 12, 1999; Mary F. Newell; Timothy M. Conroy and Elizabeth W. Conroy; Nathan Scolari; Joel Wells Norwood and Lynn Norwood; J. Lynn Shook; Juan Hernandez and Janice M. Pelletier; Scott P. Payne and Kathleen H. Payne; Joe G. Thomason and Dana L. Henry Thomason; Traci Segura; Cameron E. Smith and Joan B. Smith; Charles E. Howard and Sharon F. Howard; Penelope J. Galbraith; Meredith C. Vry; Delores B. Mitchell; Lisette M. Silva and Mary F. Colley; Ilona K. Alford and William G. Alford; George T. McLeod and Martha T. McLeod; Ronald S. Wilson and Robin E. Wilson; The Merrill J. Gildersleeve and Anore L. Novak Revocable Living Trust dated November 1, 1996; Anna Marie T. Azores and Kim O. Gococo; Ashley Westrope as Trustee of Martha Randolph Westrop Trust dated June 6, 1988; Cliff C. Jollie and Martha W. Jollie; David A. Saliny and Xiaoli Saliny; Lecia S. Franklin; Dean D. Varner and Deborah p. Varner; W. Frank Durham, Jr.; Christine M. Howard; Samuel P. Howard, Jr. and Jane H. Howard; Manfred E. Kramer and Jane J. Kramer; Mary J. Steele; James J. Barrett, III and Kimberly A. Barrett; Richard A. Herman and Patricia L. Herrman, Third Party Defendants. William D. Herlong of The Herlong Law Firm, LLC, of Greenville, for Appellants. Randall Scott Hiller, of Greenville, for Respondents In this civil appeal, Pelham Farm, LLC, Legacy One, LLC, an unknown trustee of the revocable trust agreement established by James B. Stephens, and Jay Stephens and Mike Stephens, as co-personal representatives of the estate of James B. Stephens, (collectively, Appellants) contend the circuit court erred in finding Appellants' amendment to the Declaration of Restrictions and Protective Covenants (Covenants and Restrictions) that governed the development of property in Greenville County, South Carolina, was invalid for lack of a majority vote. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000491 The State, Respondent,
v.
Brian E. Lorick, Jr., Appellant. Deputy Appellate Defender Wanda H. Carter, of Columbia, for Appellant. General Counsel Matthew C. Buchanan, of Columbia, for Respondent. Appellant Brian E. Lorick, Jr. challenges the denial of his motion to dismiss the State's probation revocation action against him. Appellant argues the violation with which he was charged was based on a condition that was not judicially imposed, and, therefore, the revocation of his probation should be reversed. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-001321 Auto-Owners Insurance Company, Appellant,
v.
Elouise Woody Benjamin, Melvin Benjamin, Joshua Lee Cail, Naida L. Singleton and Pee Dee Heating and Cooling Specialists, Defendants,
Of whom Elouise Woody Benjamin and Melvin Benjamin are the Respondents. Dominic Allen Starr and Alan Grant Jones, both of McGangus, Goudelock, & Courie, of Myrtle Beach, for Appellant. Robert Norris Hill of Law Office of Robert Hill, of Lexington, for Respondents. William P. Hatfield of Hatfield Temple, LLP, of Florence, for Respondents. In this insurance coverage dispute, Auto-Owners Insurance Company (Auto-Owners) seeks review of the trial court's orders granting summary judgment in favor of Elouise Woody Benjamin and Melvin Benjamin (collectively Respondents) and denying Auto-Owner's motion to alter or amend. Auto-Owners argues that the commercial general liability policy and its endorsement unambiguously exclude coverage for the motor vehicle accident in the underlying case. Auto-Owners further argues that the term "similar" is not per se ambiguous. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-000305 Bluffton Towne Center, LLC, Respondent,
v.
Beth Ann Gilleland-Prince d/b/a The Law Office of Beth Ann Gilleland, LLC, Appellant. Beth Ann Gilleland-Prince, of Bluffton, pro se Appellant. Russell Pierce Patterson of Russell P. Patterson, PA, of Hilton Head Island, for Respondent. In this civil appeal, Beth Ann Prince (Tenant) appeals the master-in-equity's order granting judgment to Bluffton Towne Center, LLC (Landlord), arguing the court erred in (1) finding Simon v. Kirkpatrick, 141 S.C. 251, 139 S.E. 614 (1927), is no longer valid law in South Carolina; (2) finding the lease was terminated by abandonment; (3) finding Tenant was liable for future rents under the lease; (4) considering extrinsic evidence after the court found the lease was clear and unambiguous; (5) not allowing Tenant to cross-examine Landlord on specific language in the lease; (6) finding two subsequent lease agreements were irrelevant; and (7) finding the lease was unambiguous and, therefore, failing to construe its terms against Landlord, who drafted the lease. |
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Wednesday, November 12, 2014 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-192488 The State, Respondent,
v.
Demetrius Smalls, Appellant. Breen Richard Stevens, of Orangeburg, for Appellant. Appellate Defender Benjamin John Tripp, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Salley W. Elliott, both of Columbia, for Respondent. In this criminal case, Demetrius Smalls appeals his convictions for voluntary manslaughter, assault and battery with intent to kill, and possession of a weapon during the commission of a violent crime, arguing the circuit court erred by (1) failing to dismiss the entire jury panel when, during voir dire, a prospective juror stated that he and Smalls had been previously incarcerated together and (2) denying his motion for a new trial because the circuit court judge's facial expressions during trial amounted to an undue extraneous influence on the jury. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-001531 HSBC Mortgage Corporation, USA, Appellant,
v.
Frederick J. Otterbein, IV a/k/a Frederick John Otterbein, IV, Heather H. Otterbein, and First Federal Savings and Loan Association a/k/a First Federal Savings and Loan Association of Charleston, Defendants,
Of Whom Frederick J. Otterbein, IV a/k/a Frederick John Otterbein, IV and Heather H. Otterbein are the Respondents. Robert Hope Jordan and Merritt Gordon Abney, both of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Appellant. Mary Leigh Arnold of Mary Leigh Arnold, PA, of Mt. Pleasant, for Respondents. HSBC Mortgage Corporation appeals the circuit court's denial of their motion to strike Frederick and Heather Otterbein's demand for a jury trial, arguing the Otterbeins' are not entitled to a jury trial because their counterclaims are equitable and permissive. |
|
11:20 a.m. | (Time Limits: 10-10-5) |
2013-001550 Anne Lytle and Paris Lytle, Appellants,
v.
Bi-Lo, LLC, Respondent. Frank Anthony Barton, of West Columbia, and H. Wayne Floyd of Wayne Floyd Law Office, of West Columbia, for Appellants. Jason Phillip Luther and Peter E. Farr, both of Murphy & Grantland, PA, of Columbia, for Respondent. Appellant Anne Lytle suffered substantial injuries after she slipped on a plastic bag on the floor in the check-out aisle of Respondent Bi-Lo's store. Lytle and her husband brought a personal injury action against Bi-Lo. Bi-Lo denied that it was liable for the injuries Lytle sustained and filed a motion for summary judgment, contending there was no evidence to show it had actual or constructive knowledge that the grocery bag was on the floor prior to Lytle's fall. After a hearing, the trial court granted Bi-Lo's motion. On appeal, Lytle and her husband argue the trial court erred in granting Bi-Lo's motion for summary judgment because there was a genuine issue of material fact regarding whether Bi-Lo created or had knowledge of the dangerous condition that injured Lytle. |
|
12:00 p.m. | (Time Limits: 20-20-10) |
2011-203410 Lori Dandridge Stoney, Appellant,
v.
Richard S.W. Stoney, Sr., Defendant/Respondent,
and Theodore D. Stoney, Jr., Third-Party Intervenor/Respondent. J. Michael Taylor of Taylor/Potterfield, of Columbia, for Appellant. Peter George Currence of McDougall & Self, LLP, of Columbia, for Appellant. Charles H. Williams of Williams & Williams, of Orangeburg, for Respondent Theodore D. Stoney. Donald Bruce Clark of Donald B. Clark, LLC, of Charleston, and James B. Richardson, Jr., of Columbia, for Respondent Richard S.W. Stoney. In this divorce action, Appellant Lori Dandridge Stoney (Wife) appeals the family court's Final Order, arguing that the family court erred in: (1) denying Wife's motion to re-open the case as a result of newly-discovered evidence; (2) imputing income of $100,000 per year to Richard S.W. Stoney, Sr. (Husband); (3) failing to award Wife alimony; (4) failing to make a proper child support determination; (5) not requiring Husband to maintain life insurance and other security for alimony and child support; (6) apportioning the marital property in several respects; (7) not finding Wife has special equity in particular businesses Husband owned; (8) failing to hold Husband in contempt; (9) not granting Wife a divorce on the ground of Husband's adultery; and (10) not awarding Wife attorney's fees. |
|
Cases to be Submitted Without Oral Argument | |
2012-213338 |
Sylvester Boone, Petitioner
v.
State of South Carolina, Respondent.
|
2012-213573 |
Randy Jennings, Petitioner,
v.
State of South Carolina, Respondent.
|
2014-000114 |
Maren Anderson, Respondent,
v.
Michael McClintock, Appellant.
|
2012-212520 |
Kimberly Jean Taylor, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213562 |
Christopher Shell, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212831 |
Stephen Paul Casillo, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000554 |
The State, Respondent,
v.
Zacoata Lopey a/k/a Zacoate Lopey, Appellant.
|
2013-000105 |
The State, Respondent,
v.
Kinjta Kadeem Sadler, Appellant.
|
2012-212841 |
The State, Respondent,
v.
Albert Brandeberry, Appellant.
|
2013-000872 |
Casio Mack Richardson, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213036 |
David Andres Ortiz Molina, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213695 |
The State, Respondent,
v.
McIver Rembert Feagin, Jr., Appellant.
|
2012-212785 |
Albert Spann, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001869 |
Thomas J. and Carolyn Silvester, Appellants,
v.
Spring Valley Country Club, Respondent.
|
2013-001553 |
Leslie L. Hicks, Respondent,
v.
Justin Griffin, Appellant.
|
2013-002663 |
Carolyn R. King, Respondent,
v.
William J. King, Appellant.
|
2013-002505 |
Georgina Anne Dearden, Respondent,
v.
Ian Hargraves Dearden, Appellant.
|
2013-001322 |
Samuel A. Rose, Claimant, Respondent,
v.
JJS Trucking, LLC, Chris Thompson Services, LLC, Bridgefield Casualty Ins. Co., and South Carolina Uninsured Employers' Fund, Defendants,
Of whom Chris Thompson Services, LLC and Bridgefield Casualty Ins. Co. are Appellants,
and
JJS Trucking, LLC and South Carolina Uninsured Employers' Fund are Respondents.
|
2013-000427 |
Lemont Valentine Poole, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000643 |
The State, Respondent,
v.
Thomas L. Bloodsaw, Appellant.
|
2012-213032 |
Angel Gonzales, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212628 |
The State, Respondent,
v.
Melvin Presley Stukes, Appellant.
|
2012-212780 |
Boyce Lee Nesbitt, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212563 |
The State, Respondent,
v.
Victor Weldon, Appellant.
|
2013-001062 |
James H. Bailey, Jr., Respondent,
v.
Development Systems International, LLC, David W. Auterson, John R. Curtis, Dianne N. LaRose, James P. LaRose, Robert C. MacConnell, and Sandra M. Morckel, Defendants,
Of Whom David Auterson, John R. Curtis, Dianne N. LaRose, James P. LaRose, Robert C. MacConnell, and Sandra M. Morckel are the Appellants.
|
2013-001967 |
Arthur State Bank, Respondent,
v.
Quentin S. Broom, Jr., Amy B. Broom a/k/a Amy Broom, Ann G. Broom, and Russell A. Broom, Appellants.
|
2013-001317 |
The State, Respondent,
v.
Daniel L. Willis, Appellant.
|
2009-141246 |
Blue Ridge Electric Cooperative, Inc., Appellant,
v.
Kathleen J. Gresham, Respondent.
|
2012-213028 |
The State, Respondent,
v.
James Irby, Appellant.
|
2013-000552 |
Transportation Associates, Inc., Respondent,
v.
Joseph T. Bishop, Appellant.
|
2013-001433 |
John Sherrill and Estate of Gaye Marie Reynolds, Appellants,
v.
Gary Moore and Robert Moore, Respondents.
|
2013-002806 |
Emser Tile, LLC, Respondent,
v.
John D. Cattano, Appellant.
|
2013-002007 |
Phillip T. Young, Appellant,
v.
Joy A. Young, Respondent.
|
2013-002558 |
The State, Respondent,
v.
Brad Alan Day, Appellant.
|
2013-001474 |
Joann Brockington,
v.
NHC Lexington, and Premier Group Insurance Co., Inc., Carrier, Respondents,
v.
The South Carolina Second Injury Fund, Appellant.
|
2013-000811 |
The State, Respondent,
v.
Jonathan Mallory, Appellant.
|
2013-000870 |
Lavar Sanders, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213475 |
Andrew Plummer, Appellant,
v.
South Carolina Department of Corrections, Respondent.
|
2013-002016 |
The State, Respondent,
v.
Horace Lee Glover, Jr., Appellant.
|
2012-212079 |
Jamal Lindsey, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000541 |
The State, Respondent,
v.
Vernon Jacob Livingston, Jr., Appellant.
|
2012-212877 |
Little Johnny Lee Mackey, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001382 |
Latonya Footman, Claimant, Appellant,
v.
Johnson Food Services, LLC, Employer, and The Hartford, Carrier, Respondents.
|
2012-213666 |
The State, Respondent,
v.
Gregory V. Smith, Appellant.
|
2012-213118 |
Kareem J. Leaphart, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212826 |
Frank Green Jr., Petitioner,
v.
State of South Carolina, Respondent.
|
2013-002276 |
Billy Lisenby, #200273, Appellant,
v.
South Carolina Department of Corrections, Respondent.
|
2012-212591 |
Robert Young, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-001450 |
The State, Respondent,
v.
Clifford Claude Campbell, Appellant.
|
2012-212869 |
Jose M. Maldonado, Petitioner,
v.
State of South Carolina, Respondent.
|