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November 2021 |
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.
Tuesday, November 2, 2021 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-000952 The State, Respondent,
v.
Dazzelle Demarcus Smith, Appellant. William G. Yarborough, III and Lauren Carole Hobbis, both of William G. Yarborough III, Attorney at Law, LLC, of Greenville, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent.
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-001239 Covil Corporation, by and through its duly appointed Receiver, Peter D. Protopapas, Respondent,
v.
Pennsylvania National Mutual Casualty Insurance Company, Appellant. David Grant Harris, II, of Greensboro, NC, for Appellant. Jescelyn Tillman Spitz, of Rikard & Protopapas, LLC, of Columbia; G. Murrell Smith, Jr., of Smith Robinson Holler DuBose Morgan, LLC, of Sumter; and Jonathan M. Robinson and Shanon N. Peake, both of Smith Robinson Holler DuBose Morgan, LLC, of Columbia, all for Respondent. Covil Corporation, by and through its duly appointed Receiver, Peter D. Protopapas (Covil), filed this action against Pennsylvania National Mutual Casualty Insurance Company (Penn) alleging breach of insurance contracts for Penn's failure to participate in the settlement of an underlying claim against Covil. Penn appeals the circuit court's order granting partial summary judgment to Covil, arguing the court erred in (1) granting partial summary judgment where Covil's motion was not supported by sworn affidavits and summary judgment was premature; (2) finding Covil's late notice of the underlying claim did not bar coverage; and (3) holding coverage existed despite products hazard and operations hazard exclusions in the Penn insurance contracts. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2018-001293 Jakarta Deshon Young, #276572, Respondent,
v.
South Carolina Department of Corrections, Appellant. Kensey Barrett, of Columbia, for Appellant. Susan Barber Hackett, of Columbia; and Blake Terence Williams, of Nelson Mullins Riley & Scarborough, LLP, of Columbia, both for Respondent.
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Wednesday, November 3, 2021 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-000125 The Charleston County School District, Appellant,
v.
Charleston County, South Carolina; The Charleston County Board of Zoning Appeals; and Joel Evans in his capacity as Director of the Charleston County Zoning and Planning Department, Respondents. Jamie A. Khan and Ross A. Appel, both of McCullough Khan, LLC, of Mt. Pleasant, for Appellant. Jeremy E. Bowers, of Barnwell Whaley Patterson & Helms, LLC, of Charleston; and Bernard E. Ferrara, Jr. and L. Knisley, Jr., both of North Charleston, all for Respondents. In this civil matter, the Charleston County School District (the District) appeals the circuit court's order affirming the findings of the Charleston County Board of Zoning Appeals (the BZA), which affirmed the administrative decision of the Charleston County Planning Director (the Planning Director) to deny the District's request seeking an extension to complete the conditions of its site plan approval. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000021 Sara Katherine Waldrop Ridgeway, Respondent,
v.
Ralph Riggie Ridgeway, Appellant. Oscar W. Bannister, of Bannister, Wyatt & Stalvey, LLC, of Greenville, for Appellant. Robert Scott Dover, of Law Offices of Scott Dover, of Pickens, for Respondent. In this appeal, Appellant Ralph Ridgeway argues the family court erred in not giving more weight to the fault factor in its equitable division of the parties' marital assets because Respondent Sara Ridgway ended their nearly fifty-year marriage with comfortable retirement assets in place to be with another man. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-001964 Samuel Paulino, Claimant, Respondent,
v.
Diversified Coatings, Inc., Employer, and Amguard Ins. Co., Carrier, Appellants. George D. Gallagher, of Speed, Seta, Martin, Trivett & Stubley, LLC; and Kevin Desmond Maroney, of Rogers Lewis Jackson Mann & Quinn, LLC, both of Columbia, for Appellants. Stephen N. Garcia, of Garcia Law Firm, LLC, of Greenville, for Respondent. In this workers' compensation case, Diversified Coatings, Inc. (Appellant) argues the South Carolina Workers' Compensation Commission (the Commission) erred in affirming the single commissioner's order finding Samuel Paulino (Claimant) permanently and totally disabled from a work-related back injury. |
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Wednesday, November 10, 2021 | |
Courtroom I
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10:00 a.m. | (Time Limits: 15-15-5) |
2018-000911 The State, Respondent,
v.
Gregory Sanders, Appellant. Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Michael Douglas Ross, all of Columbia, for Respondent. Gregory Sanders appeals his convictions for murder and possession of a weapon during the commission of a violent crime, arguing the trial court erred in admitting a text message into evidence because the text message was (1) not properly authenticated and (2) inadmissible hearsay. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-001041 The State, Respondent,
v.
Isaiah Gadson, Jr., Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and William Joseph Maye, all of Columbia, for Respondent. Isaiah Gadson, Jr. appeals his convictions for murder, first degree criminal sexual conduct (CSC), kidnapping, and armed robbery arising from a 1980 incident, arguing the circuit court erred in admitting evidence of his 1983 plea to assault and battery of a high and aggravated nature (ABHAN) as a subsequent bad act. |
Wednesday, November 10, 2021 | |
Courtroom II
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10:00 a.m. | (Time Limits: 15-15-5) |
2018-002166 Kevin M. Granatino, Appellant,
v.
Calvin Williams, Clemson University, South Carolina Department of Transportation and Thrift Development Corporation, Defendants,
Of which South Carolina Department of Transportation and Thrift Development Corporation are the Respondents. Stephen R.H. Lewis, of Covington, Patrick, Hagins, Stern & Lewis, LLC., of Greenville; Steven Edward Buckingham, of The Law Office of Steven Edward Buckingham, LLC, of Greenville; and George L. Marlette, III of Norwell, MA, all for Appellant. James W. Logan, Jr., of Logan Jolly & Smith, LLP, of Anderson, for Respondent South Carolina Department of Transportation. Charles Stuart Mauney and William Thomas Young, III, both of Gallivan, White & Boyd, PA, of Greenville; and Robert Daniel Corney, of The Derrick Law Firm, of Conway, all for Respondent Thrift Development Corporation. This is an appeal of a summary judgment granted to the Department of Transportation and a construction services company in a personal injury case filed by a Clemson student who was hit while crossing a road near the university. The circuit court found the plaintiff's negligence exceeded 50% as a matter of law, that there was a lack of proximate cause, and that the plaintiff failed to secure an expert to provide necessary testimony. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-001572 The State, Respondent,
v.
Lance Antonio Brewton, Appellant. Adam Sinclair Ruffin, of Columbia, for Appellant. Attorney General Alan McCrory and William Frederick Schumacher, IV, both of Columbia, for Respondent. Lance Antonio Brewton appeals his convictions for murder and possession of a firearm during the commission of a violent crime. Brewton contends the trial court erred by (1) failing to instruct the jury on the lesser included offense of involuntary manslaughter; (2) failing to instruct the jury on the defense of accident; (3) prohibiting his testimony regarding witchcraft and hearing voices in his head; and (4) allowing the State to impeach him with his 1999 robbery conviction. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-000182 Donald Stanley and Sean Reiter, Individually and as Class Representatives, Respondents,
v.
Southern States Police Benevolent Association, Inc., Appellant. James Edward Bradley, of Moore Bradley Myers, PA, of West Columbia; Barry Goheen, of Atlanta, GA; and James Andrew Yoho, of Boyle, Leonard & Anderson, P.A., of Charleston, all for Appellant. Andrew John Savage, III. of Savage Law Firm, of Charleston; Joseph C. Wilson, IV, of Joseph C. Wilson Law Firm LLC, of Folly Beach; Daniel Francis Lynch, IV, and Carl Everette Pierce, II, both of Pierce, Sloan, Wilson, Kennedy & Early, LLC, of Charleston; Scott Michael Mongillo and Ronald L. Richter, Jr., both of Bland Richter, LLP, of Charleston; and Eric Steven Bland, of Bland Richter, LLP, of Columbia, all for Respondents. The Southern States Police Benevolent Association, Inc. appeals the order certifying a class action lawsuit against them, asserting the order included a ban on communication regarding the lawsuit, which amounted to an injunction. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2019-000009 Tyrin S. Young, Sr., Individually, as PR of the Estates of Tyrin Young, Jr. and Micah A. Young and as Legal Guardian of J.Y, a minor under the age of 14, Appellant,
v.
USAA General Indemnity Company, Respondent. Russell Franklin Guest and Richard Kingsley Allen, III, both of Guest & Brady, LLC, of Greenville, for Appellant. Patrick L. Still, III, of Clawson & Staubes, LLC, of Greenville; and Julie Amanda Coleman, of Clawson & Staubes, LLC, of Columbia, both for Respondent. Tyrin S. Young brought this declaratory judgment action arguing a USAA General Indemnity Company policy issued in California should be reformed pursuant to section 38-61-10 of the South Carolina Code so that underinsured motorist coverage could be stacked upon the coverage of a South Carolina policy insuring the vehicle involved in the accident. |
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Cases to be Submitted Without Oral Argument | |
2018-001891 |
The State, Respondent,
v.
Jyquez Julius Freeman, Appellant.
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2016-001979 |
William H. McCladdie, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000250 |
The State, Respondent,
v.
Montrell Graham, Appellant.
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2018-001674 |
John Upson, Respondent,
v.
State of South Carolina, Petitioner.
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2019-000934 |
Bernard Bagley, 175851, Appellant,
v.
South Carolina Department of Probation, Parole and Pardon Services, Respondent.
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2020-000180 |
The State, Respondent,
v.
Damaine Antron McCoy, Appellant.
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2019-000613 |
James M. Stevenson, Claimant, Appellant,
v.
Arnold Laney D/B/A Metal & Roofing Shingle Pros, Employer, and South Carolina Workers' Compensation Uninsured Employers' Fund, Defendants, Respondents.
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2018-002216 |
Shana Robinson, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000386 |
The State, Respondent,
v.
Jody Mack Childress Jr., Appellant.
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2020-000549 |
The State, Respondent,
v.
David M. Barajas, Appellant.
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2020-001484 |
The State, Respondent,
v.
Timothy William Pyle, Appellant.
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2019-001190 |
Tammy Jordan, Respondent,
v.
The Hartford Financial Group, Inc., Resurgent Capital Services, Employer, Interstate Contact Cleaning Services, Inc. Third Party Tortfeasor,
Of which The Hartford Financial Group, Inc. is the Appellant.
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2019-001452 |
The State, Respondent,
v.
Martin Darriel Pittman, Appellant.
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2019-001054 |
Kevin Ralph Richard, Appellant,
v.
Facebook, Inc., a Delaware Corporation and Maleko Kirk Malepeai, individually, Defendants,
Of which Facebook, Inc., a Delaware Corporation, is the Respondent.
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2019-000983 |
The Bank of New York Mellon, f/k/a The Bank of New York, as trustee for the certificate holders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-16, Respondent,
v.
Janet M. Smith, Portfolio Recovery Associates, LLC, and James E. Byrdic, Defendants.
Of whom Janet M. Smith is the Appellant.
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2019-001741 |
The State, Respondent,
v.
James Lamar Ficklin, Appellant.
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2020-000231 |
The State, Respondent,
v.
Joey Dean Coleman, Appellant.
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2020-000101 |
The State, Respondent,
v.
Jamel Dajour Williams, Appellant.
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2020-000812 |
The State, Respondent,
v.
Anthony Termaine Avera, Appellant.
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2019-000942 |
The State, Respondent,
v.
Charles M. Mitchell, Appellant.
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2019-001393 |
The State, Respondent,
v.
Allen Angelo Fields, Appellant.
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2019-000124 |
The State, Respondent,
v.
Malik Jabree Singleton, Appellant.
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2020-000453 |
The State, Respondent,
v.
Roshamel Donshea Parker, Appellant.
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2020-000608 |
The State, Respondent,
v.
Jerry Jerome Davis, Appellant.
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2019-001313 |
The State, Respondent,
v.
Tequan Martrell Holmes, Appellant.
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2017-002256 |
Christopher Eric Russell, Respondent,
v.
State of South Carolina, Petitioner.
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2019-000477 |
The State, Respondent,
v.
Lawton Leroy Holloway, Appellant.
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2019-001252 |
Charles F. Burton, Appellant,
v.
Lexington County Solicitor, Respondent.
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2020-000243 |
The State, Respondent,
v.
Quinton Tywan McClinton, Appellant.
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2019-001708 |
The State, Respondent,
v.
Robert Darrell Shores, Appellant.
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2019-001181 |
Twin Bridge Logistics, LLC n/k/a Twin Bridge Transport, LLC, Appellant,
v.
Fisher Tank Company, f/k/a Fisher Tank Company, Inc., Respondent.
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2019-001483 |
The State, Respondent,
v.
William Johnathan Brunson, Appellant.
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2019-000722 |
The State, Respondent,
v.
Adriel Nicholas Garnett, Appellant.
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2019-000072 |
Lorgio D. Morales, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001429 |
The State, Respondent,
v.
Jason Carlton Booth, Appellant.
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