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November 2023 |
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 7, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000334 Carnie Norris, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan McCrory Wilson and Suzanne J. Shaw, both of Columbia, for Petitioner. Gary Howard Johnson, II, of Columbia, for Respondent. Carnie Norris (Petitioner) was granted post-conviction relief (PCR) from his 2009 conviction for armed robbery. This court granted the State's petition for writ of certiorari, wherein the State argues the PCR court erred in finding Petitioner's trial counsel was ineffective for failing to object to the introduction of Petitioner's prior convictions for robbery and burglary. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2021-000120 Cutter & Company, LLC, Appellant,
v.
Stafford Funding Group LLC, O & P Properties, LLC, Kathy Henderson, as Delinquent Tax Collector of Orangeburg County, Defendants,
Of which Stafford Funding Group LLC and Kathy Henderson, as Delinquent Tax Collector of Orangeburg County, are Respondents and O & P Properties, LLC is an Appellant. Steven R. Anderson, of Law Office of Steven R. Anderson, of Columbia, for Appellant O&P Properties, LLC. Leonard R. Jordan, Jr., of Jordan Law Firm, of Columbia, for Appellant Cutter & Company, LLC. Andrew F. Lindemann, of Lindemann Law Firm, P.A., of Columbia, for Respondent Kathy Henderson. Michael C. Tanner, of Michael C. Tanner, LLC, of Bamberg; and Jerrod Austin Anderson, of Anderson Law Office, P.A., of Orangeburg, both for Respondents. Cutter & Company, LLC, and O & P Properties, LLC, appeal a master in equity's order refusing to set a tax sale aside. |
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Wednesday, November 8, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2021-000816 Vicki Lynn Vergeldt, Individually, and as Successor Trustee of the John Vergeldt Jr. Revocable Living Trust dated September 27, 1978, Respondent,
v.
John Edward Vergeldt, Appellant. Desa Ballard and Harvey M. Watson, III, both of Ballard & Watson, Attorneys at Law, of West Columbia, for Appellant. Taylor Anthony Peace, of Harrell, Martin, & Peace, P.A., of Chapin, for Respondent. John Vergeldt appeals a Master's order granting the John Vergeldt, Jr. Revocable Living Trust a money judgment of $361,092.88 against him to restore trust assets and pay attorney's fees and additional expenses. On appeal, John argues the Master erred by (1) allowing Vicki Vergeldt to amend her petition to seek damages because damages were barred by res judicata and (2) failing to apply the standard of proof imposed by John Vergeldt, Jr.'s tenth amendment to his Trust agreement. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2021-000756 Henry Brewington, Individually and d/b/a Levelz Bar & Grill, Respondent,
v.
City of Myrtle Beach, Appellant. Michael Warner Battle, of Battle Law Firm, LLC, of Conway, for Appellant. Tucker S. Player, of Player Law Firm, LLC, of Chapin; and Thomas C. Brittain, of The Brittain Law Firm, P.A., of Myrtle Beach, both for Respondent. The City of Myrtle Beach (the City) appeals a jury verdict in favor of Henry Brewington, individually and d/b/a/ Levelz Bar and Grill, for tortious interference with a contract. The City argues the trial court erred by (1) denying its motions for a directed verdict and judgment notwithstanding the verdict, and (2) refusing to give the City's complete requested jury charge. |
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Thursday, November 9, 2023 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-001409 Michelle Davis Capps, Appellant,
v.
Joseph Harold Capps, Jr., Respondent. Julaan Derrick, of Julaan Derrick, Attorney at Law, of Conway; and Gregory Samuel Forman, of Gregory S. Forman, PC, of Charleston, both for Appellant. Anita Floyd Lee, of Conway; and Benjamin Rogers Gooding and Vordman Carlisle Traywick, III, both of Robinson Gray Stepp & Laffitte, LLC, of Columbia, all for Respondent. In this family court action, Michelle Capps (Mother) appeals the family court's order finding her in contempt of a court order prohibiting her and Joseph Capps, Jr. (Father) from alienating the parties' children from and harassing the other parent. Mother also appeals the family court's award of attorney's fees to Father, as well as this court's order denying her request for a new trial as opposed to ordering the family court to reconstruct a portion of the hearing transcript that was lost. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2021-000321 Mare Baracco, Appellant-Respondent,
v.
County of Beaufort, Respondent-Appellant. Thomas R. Goldstein, of Belk Cobb Infinger & Goldstein, PA, of Charleston, for Appellant-Respondent. Eugene Richardson LaBruce, of Finger, Melnick, Brooks & LaBruce, P.A., of Hilton Head Island, for Respondent-Appellant. In this Freedom of Information Act (FOIA) dispute, Mare Baracco appeals the Special Referee's failure to require disclosure of certain communications between Beaufort County (the County) councilmembers' private email accounts. Baracco also appeals the Special Circuit Court Judge's failure to require the County to pay her attorney's fees. In a cross-appeal, the County argues that the Special Referee erred in suggesting that the County's inclusion of its legal department's document review fees violated FOIA and for disclosing certain privileged public records. |
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Tuesday, November 14, 2023 | |
Courtroom I
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12:00 p.m. | (Time Limits: 15-15-5) |
2020-001189 South Carolina Coastal Conservation League, Inc., Elizabeth M. Smith, Abraham B. Jenkins, Jr., and South Carolina Public Interest Foundation, Plaintiffs,
of which South Carolina Coastal Conservation League, Inc., Elizabeth M. Smith, and Abraham B. Jenkins, Jr., are the Appellants.
v.
Charleston County, South Carolina, South Carolina Transportation Infrastructure Bank, and South Carolina Department of Transportation, Respondents. W. Andrew Gowder, Jr., of Austen & Gowder LLC, of Charleston, for Appellants South Carolina Coastal Conservation League, Elizabeth M Smith, and Abraham B Jenkins. Christopher Kaltman DeScherer, of Southern Environmental Law Center, of Charleston, for Appellant South Carolina Coastal Conservation League. James G. Carpenter, of Carpenter Law Firm, PC, of Greenville, for Appellant South Carolina Public Interest Foundation. Andrew F. Lindemann, of Lindemann Law Firm, P.A., Linda C. McDonald, and Barbara Munig Wessinger, all of Columbia, for Respondent South Carolina Department of Transportation. Robert E. Tyson, Jr., and Jasmine Denise Smith, both of Robinson Gray Stepp & Laffitte, LLC, of Columbia, for Respondent South Carolina Transportation Infrastructure Bank. Natalie Armstrong Ham, Bernard E. Ferrara, Jr., and Edward L. Knisley, Jr., all of North Charleston; and Michael A. Timbes, all for Respondent Charleston County. The South Carolina Coastal Conservation League and two individuals appeal the circuit court's dismissal of this lawsuit challenging the legality of Charleston County's agreement to fund the Mark Clark Expressway extension. They argue the circuit court erred in concluding they lacked standing and that the court's alternative finding that the amended complaint failed to state claims on which relief could be granted was also incorrect. |
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Thursday, November 16, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000093 George N. Moses, Petitioner,
v.
State of South Carolina, Respondent. Jessica M. Saxon, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor David Michael Pascoe, Jr., of Orangeburg, all for The State. George Moses appeals the December 16, 2019 denial of his application under the Access to Justice Post Conviction DNA Testing Act in which he sought post conviction DNA testing of evidence used to convict him of voluntary manslaughter and armed robbery in February 2009. Moses argues that the circuit court erred by relying on the incorrect part of the statute and misapplying the statutory factors used to review his application. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2021-000033 John Deere Construction & Forestry Company, Respondent,
v.
North Edisto Logging, Inc. and Paul Gunter, Appellants. David Randolph Whitt, of Fleming & Whitt, PA, of West Columbia, for Appellants. Amy Holbrook Wooten, of Ward and Smith, P.A., and Paul A. Fanning, both of Raleigh, NC, for Respondent. In this breach of contract action arising out of the sale and financing of logging equipment, in which the equipment served as collateral, North Edisto Logging, Inc. appeals the circuit court's order ruling on John Deere Construction & Forestry Company's motion for summary judgment. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2019-001486 The State, Respondent,
v.
Kierin Marcellus Dennis, Appellant. Chief Appellate Defender Robert Michael Dudek and Appellate Defender Lara Mary Caudy, both of Columbia; and Adam Sinclair Ruffin, of North Charleston, all for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Julianna E. Battenfield, all of Columbia; and Solicitor Samuel R. Hubbard, III of Lexington, all for Respondent. Kierin Marcellus Dennis appeals his conviction for murder, arguing the trial court erred in (1) relying on evidence from a prior immunity hearing and mistrial; (2) denying him immunity under the Protection of Persons and Property Act; (3) finding he had a duty to retreat under the Protection of Persons and Property Act; (4) finding self-defense was a jury issue; (5) finding he had a duty to avoid going to a place he had the right to be; (6) admitting an aerial photograph; and (7) admitting a model car door that was misleading. |
Tuesday, November 7, 2023 | |
Courtroom II
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10:40 a.m. | (Time Limits: 15-15-5) |
2020-001472 Vidhyaben R. Patel, Individually and as Co-Personal Representative of the Estate of Rameshchandra Prabhudas Patel, and Darshak Kumar Patel, Individually and as Co-Personal Representative of the Estate of Rameshchandra Prabhudas Patel, Appellant-Respondents,
v.
Hardik R. Patel, Anal H. Patel and AAHARVID, LLC, Respondent-Appellants. Sierra Danielle Carini and S. Jahue Moore, both of Moore Bradley Myers, PA, of West Columbia; and Samuel M. Price, Jr. and Jennifer Dowd Nichols, both of Newberry, all for Appellants-Respondents. Desa Ballard and Harvey M. Watson, III, both of Ballard & Watson, Attorneys at Law, of West Columbia; and Thomas Carroll Jeter, III, of Nosal & Jeter, LLP, of Fort Mill, all for Respondents-Appellants. In this cross appeal, Vidhyaben R. Patel (Vidhya) and Darshak Kumar Patel (Darshak), individually and as co personal representatives of the estate of Rameschandra Prabhudas Patel (collectively, Appellants) appeal the trial court's order finding in favor of Hardik R. Patel, Anal H. Patel, and AAHARVID, LLC (collectively, Respondents). Appellants argue (1) the trial court erred by failing to find they were entitled to a resulting trust over the property at issue, (2) the trial court erred by failing to find they were entitled to a constructive trust over the property at issue, (3) the trial court's order was not supported by evidence presented at trial, and (4) the trial court erred by failing to set aside the conveyance from AAHARVID, LLC due to the Statute of Elizabeth. Respondents cross-appealed, arguing the trial court erred by (1) failing to grant them relief under the South Carolina Frivolous Civil Proceedings Sanctions Act when Appellants failed to file an opposition to the motion pursuant to the statute; and (2) failing to award attorney's fees and costs against Appellants when they brought this action for improper reasons, invented a false narrative, and likely suborned perjury. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2021-000570 The State, Respondent,
v.
Jeremiah Dicapua, Appellant. David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor Jimmy A. Richardson, II, of Conway, all for Respondent. Jeremiah DiCapua appeals his conviction for attempted kidnapping and sentence of thirty years' imprisonment. On appeal, DiCapua argues the trial court erred by refusing to suppress the victim's in-court identification, which he asserts was tainted by an earlier, unnecessarily suggestive show-up identification. |
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12:00 p.m. | (Time Limits: 20-20-10) |
2021-000031 Lowe's Home Centers, LLC, Appellant,
v.
South Carolina Department of Revenue, Respondent. James Peter Rourke and James F. Reames, III, both of Nexsen Pruet, LLC, of Columbia; and John M. Allan, of Atlanta, all for Appellant. Wayne Allen Myrick, Jr. and Jason Phillip Luther, both of Columbia, for Respondent. Lowe's Home Centers, LLC appeals an administrative law court decision affirming the South Carolina Department of Revenue's final agency determination that it owes additional sales taxes and penalties for materials sold in connection with certain installation contracts during the three-year audit period. Lowe's asserts the ALC erred in finding certain real property improvement contracts involved taxable retail sales of tangible personal property. Lowe's further challenges the ALC's mootness findings as to whether SCDOR erred in calculating the fair market value of the materials and whether SCDOR violated the Equal Protection Clause by treating Lowe's differently than it treated other contractors. |
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Cases to be Submitted Without Oral Argument | |
2021-001144 |
The State, Respondent,
v.
Randy Lee Cantrell, Appellant.
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2020-001528 |
The State, Respondent,
v.
Jamal Devontae Coburn, Appellant.
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2021-001141 |
The State, Respondent,
v.
Jonathan Richard Rackley, Appellant.
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2021-000619 |
The State, Respondent,
v.
Joseph Decoriyus Burton, Appellant.
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2021-000581 |
The State, Respondent,
v.
Craig Antonio George, Appellant.
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2021-000566 |
The State, Respondent,
v.
Mandy Morrow Fortson, Appellant.
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2021-001039 |
The State, Respondent,
v.
David Crockett Robinson, Appellant.
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2021-000280 |
The State, Respondent,
v.
Isaac Colden Duran, Appellant.
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2021-000417 |
The State, Respondent,
v.
Kareem Kenya Stevenson, Appellant.
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2021-001385 |
The State, Respondent,
v.
Rashawn Montez Little, Appellant.
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2021-000676 |
The State, Respondent,
v.
Mark Robert Volstromer, Appellant.
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2021-001272 |
The State, Respondent,
v.
Isaiah Deshaun Butler, Appellant.
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2021-000598 |
The State, Respondent,
v.
Dustin Geoffrey Ready, Appellant.
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2021-000452 |
The State, Respondent,
v.
Jermaine Silas White, Appellant.
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2021-001537 |
The State, Respondent,
v.
Charvix Lavoy Wright, Appellant.
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2021-001328 |
Milciades Alcantara, Petitioner,
v.
State of South Carolina, Respondent.
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2022-001313 |
The State, Respondent,
v.
Shaquille Kayson Blakeley, Appellant.
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2021-000692 |
The State, Respondent,
v.
Robert Tyrell Gentry, Appellant.
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2021-000677 |
The State, Respondent,
v.
Donnielle K. Matthews, Appellant.
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2020-001106 |
Maurio D. Rivers, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000779 |
Sharyn Hetz Michali, Respondent,
v.
Eugene Michali, Appellant.
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2021-000701 |
The State, Respondent,
v.
Tremaine Pierre Johnson, Appellant.
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2021-001311 |
The State, Respondent,
v.
Quintus Dante Faison, Appellant.
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2021-000744 |
The State, Respondent,
v.
Decota Castle Brown, Appellant.
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