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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.
Tuesday, December 9, 2003
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11872   The State, Respondent v. Arthur Tyrone Davis, Appellant.

Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and Solicitor Cecil Kelley Jackson, of Sumter, for respondent.

This case involves whether the trial court erred by allowing the state to rescind a plea agreement with the Defendant, where the Defendant allegedly failed to comply with the agreement’s provisions. Additionally, the case addresses whether the state may admit statements into evidence that were made by the Defendant during the plea agreement discussions.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
11881   Ernest J. Smith, Sr., Respondent v. Joanne Rucker, Appellant.

Thomas B. Bryant, III, of Bryant, Fanning & Shuler, of Orangeburg, for appellant. S. Jahue Moore and M. Ronald McMahan, Jr., both of Moore, Taylor & Thomas, of West Columbia, for respondent.

Rucker appeals the master-in-equity's finding that the property she and her husband owned "for and during their joint lives and upon the death of either of them, then to the survivor of them, his or her heirs and assigns forever in fee simple, together with every contingent remainder and right of reversion" was a joint tenancy and therefore subject to partition. Rucker argues that the estate was a tenancy-in-common with an indestructible right of survivorship.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11867   Electro-Lab of Aiken, Inc., Appellants v. Sharp Construction Co., of Sumter, Inc., Respondents.

Robert J. Harte and David W. Miller, both of Aiken, for appellants. Thomas B. Jackson, III, of Columbia, for Respondents.

This case is a breach of contract action. Electro-lab, a subcontractor, argues that a general contractor’s use of its bid in the general contractor’s bid package formed a contract when Electro-lab began performance on the project in reliance on the general contractor’s use of its bid. Electro-lab also argues that the trial court erred when it excluded testimony concerning profits made on a similar project as evidence of damages.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
11258   Barbara Hyland Davis, Appellant-Respondent v. Randall L. Davis, Respondent-Appellant.

David A. Wilson, of Horton, Drawdy, Ward & Jenkins; and Kenneth C. Porter, of Porter & Rosenfeld, both of Greenville, for appellant-respondent. Elizabeth Kimberly Berry, of Greenville, for respondent-Appellant.

This is a divorce action. Wife is arguing on appeal that family court undervalued Husband’s 50% ownership in two businesses by applying marketability and minority shareholder discounts and incorrectly determining the net asset value of one of the businesses. Wife also argues the family court undervalued Husband’s Harley Davidson motorcycle by using its Kelly Blue Book value, erred in denying her permanent periodic alimony, and erred in awarding Husband primary placement of the children. Husband counterclaims arguing the family court erred in excluding the testimony of his expert regarding the valuation of his business interest.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
11846   South Carolina Department of Social Services, Plaintiff v. Carolina Ledford, James P. Berlin, and, Leigha Berlin, DOB 02/02/93, Defendants, of whom South Carolina Department of Social Services is Respondent, and, James P. Berlin is Appellant.

Ziva Peleg Bruckner, of Augusta, GA, for appellant. Dennis M. Gmerek, of Aiken, for respondent. Guardian Ad Litem: Lark W. Jones, of N. Augusta.

This is a termination of parental rights case in which the family court judge terminated Ledford’s parental rights over his minor child based on abandonment. Ledford appeals arguing his abandonment was not willful due to his incarceration and the trial judge was biased as demonstrated by his extensive questioning.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
11675   Vincent A. Vogt, Appellant v. Murraywood Swim and Racquet Club, Respondent.

Frank Anthony Barton; and H. Wayne Floyd, both of W. Columbia, for appellant. Thomas C. Salane and R. Hawthorne Barrett, both of Turner, Padget, Graham & Laney, of Columbia, for respondent.

This appeal concerns a challenge to the circuit court’s determination of Appellant’s status as a licensee as a matter of law.

Wednesday, December 10, 2003
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11961   The State, Respondent v. Michael Laquincy Higgins, Appellant.

Assistant Appellate Defender Robert M. Pachak, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and Solicitor William Townes Jones, of Greenwood, for respondent.

The issue in this case is whether house arrest should count as time served for which credit should be given during sentencing. The trial court gave Higgins credit for time spent in jail prior to sentencing but not for his house arrest while on bond.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
11965   The State, Respondent v. Randy Wakefield Anderson, Appellant.

Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Derrick K. McFarland, all of Columbia; and Solicitor William Townes Jones, of Greenwood, for respondent.

Anderson appeals his convictions for murder, armed robbery, and conspiracy, arguing the trial court erred in admitting his post-arraignment statement because it was taken in violation of his sixth amendment right to counsel. He further argues that the trial court erred in admitting hearsay testimony.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11998   The State, Respondent v. Bynum Rayfield, Appellant.

Jack B. Swerling, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney Charles H. Richardson and Senior Assistant Attorney General Harold W. Coombs, Jr., all of Columbia; and Solicitor John R. Justice, of Chester, for respondent.

This appeal concerns a challenge to the exercise of peremptory strikes pursuant to Batson v. Kentucky, as well as a challenge to the charge of S.C. Code Ann. Section 16-3-657 to the jury.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
11883   Home Port Rentals, Inc., Appellant v. Roger Moore, Respondent.

M. Dawes Cooke, Jr., and Phillip S. Ferderigos, both of Barnwell, Whaley, Patterson & Helms, of Charleston, for appellant. Thomas W. Bunch, II, and L. Jefferson Davis, IV, both of Robinson, McFadden & Moore, of Columbia, for respondent.

This appeal concerns the availability of tolling the ten-year period in S.C. Code Ann. Section 15-39-30 pursuant to Section 15-3-30 in order to enforce a judgment.

 12:30 p.m. (Time Limits: 10 - 10 - 5)  
11894   In the Interest of Christopher H., a Minor Under the Age of Seventeen, Appellant.

Assistant Appellate Defender Tara Taggart, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General W. Rutledge Martin, all of Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for respondent.

Christopher H. plead guilty to second-degree burglary and grand larceny of a Yamaha four-wheeler. He appeals arguing that he did not validly waive his right to counsel and that his guilty plea was not knowingly, voluntarily, and intelligently entered.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
11863   Irene Oakley, Appellant v. Estate of Arthur Oliver Sedano and John P. Bacot, Jr., as Personal Representative for the Estate of Arthur Oliver Sedano, Respondents.

James L. Hills, of Myrtle Beach, for appellant. Ronald R. Norton, of Conway, for respondents.

This case involves whether the statute of limitations or laches bars a claimant from enforcing a New York child support decree against an estate being probated in South Carolina, where the claimant seeks retroactive child support, and the supported minor reached the age of majority in 1960.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
11914   Baird Pacific West, Appellant v. Blue Water Sunset Park, Inc., Respondent.

Michael S. Seekings, of Charleston, for appellant. Joseph R. Barker, of Bethea, Jordan & Griffin, of Hilton Head Island, for respondent.

In this appeal from a grant of summary judgment to the defendant in a breach of contract action, issues related to the determination of marketability of title and the award of attorney fees and legal costs are addressed.

 4:00 p.m.           Supersedeas Hearing (Time Limits: 00 - 00 - 0)  
3   Denis Dorsey, Petitioner-Appellant v. Connie Nix Dorsey, Respondent-Respondent.

Victoria L. Eslinger, of Nexsen, Pruet, Jacobs & Pollard, of Columbia, for petitioner-appellant. Nikki Giles Setzler, of Setzler & Scott, of W. Columbia; and James Thomas McLaren, of McLaren & Lee, of Columbia, for respondent-respondent. Guardian ad Litem: Doni M. Bouknight, of Sherman & Bouknight, of Columbia.

Thursday, December 11, 2003
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11677   George C. Greene, III, and Molly F. Greene, Respondents v. Jack W. Griffith, Appellant, And the State of South Carolina, Respondent.

George H. McMaster, of Tompkins & McMaster, of Columbia; and Desa A. Ballard, of W. Columbia, for appellant. W. Foster Gaillard and Thomas L. Harper, Jr., both of Buist, Moore, Smythe & McGee, of Charleston; and Attorney General Henry Dargan McMaster, Deputy Attorney General Treva G. Ashworth and Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia, for respondents.

This appeal involves an action to quiet title, and considers issues related to adverse possession, slander of title, easement of necessity, and an award of special damages.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
11976   The State, Respondent v. Andre D. Skanes, Appellant.

James Arthur Brown, Jr., of Beaufort, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and Solicitor Randolph Murdaugh, III, of Hampton, for respondent.

This case involves whether admission of out-of-court statements violated the hearsay doctrine and the confrontation clause.

 11:00 a.m.           Rehearing (Time Limits: 10 - 10 - 5 )  
12425   Venture Engineering, Inc., Petitioner v. Tishman Construction Corporation of South Carolina, Timberland Properties, Inc., The South Carolina Public Service Authority (Santee Cooper), and High Point Capital, LLC, Defendants, of whom The South Carolina Public Service Authority (Santee Cooper) is the Respondent.

G. Michael Smith, of Conway; Julio E. Mendoza, Jr., of Columbia; and Mark Andrew Brunty, of Myrtle Beach, for petitioner. John Hamilton Smith; and Stephen Peterson Groves, Sr., both of Charleston; Elizabeth H. Warner; and John Samuel West, both of Moncks Corner; and Francis B.B. Knowlton, of Columbia, for respondent.

This case involves whether property granted in fee simple determinable subject to a condition subsequent may be re-entered and re-claimed by the grantor without the grantor being subject to a mechanic’s lien when the land was encumbered by the determinable estate holder.

 11:45 a.m.           Rehearing (Time Limits: 10 - 10 - 5 )  
12342   Frances Walsh as Personal Representative of the Estate of Jerome Walsh, Deceased, and in her individual capacity, Respondent v. Joyce K. Woods, f/k/a Joyce K. Walsh, Petitioner.

Kelli Lister Sullivan; and John S. Nichols, both of Columbia, for petitioner. Russell H. Putnam, Jr., of Hinesville, GA, for respondent.

This is an appeal of the grant of summary judgment which determined that a former spouse, not the surviving spouse, was entitled to the deceased's employer sponsored pension benefits.

Tuesday, December 9, 2003
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11918   Wayne Schmidt and Terri J. Schmidt, Appellants v. Michael C. Courtney and Kemper Sports of Crowfield, Inc., d/b/a Crowfield Golf and Country Club and Westvaco Development Corporation, both SC Corporations, Defendants, of whom Kemper Sports of Crowfield, Inc., d/b/a Crowfield Golf and Country Club is Respondent.

Joseph F. Kent, of Mt. Pleasant, for appellants. Stephen E. Darling, of Haynsworth, Sinkler & Boyd, of Charleston, for respondent.

This civil action involves a novel issue in regard to liability of a golf course for an errant golf ball striking an innocent person on the roof of a residence adjacent to golf course property.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12011   The State, Respondent v. Charles Pagan, Appellant.

Deputy Chief Attorney Joseph L. Savitz, III, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General S. Creighton Waters, all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for respondent.

This criminal appeal alleges error in the Circuit Judge’s admission of evidence involving flight and guilty conscience as well as corroborative testimony about the commission of a murder and threats to a witness.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11917   Seabrook Island Property Owners Association, Appellant v. Marshland Trust, Inc., Orangehill Plantation, LLC, and Michael Casa, Respondents.

David B. Wheeler and Edward T. Fenno, of Moore & Van Allen, of Charleston, for appellant. Timothy A. Domin, of Clawson & Staubes, of Charleston, for respondents.

This case concerns whether a homeowners’association may review and disapprove of a landowner’s attempt to build a bridge from one lot in the neighborhood to two islands off the coast.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
12002   The State, Appellant v. Terrence Damon Johnson, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Mark Rapoport, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for appellant. Anthony B. O'Neill, of Charleston, for respondent.

In this prosecution for trafficking in cocaine, trafficking in crack cocaine, possession of cocaine with intent to distribute within proximity of a school, and possession of crack cocaine with intent to distribute within proximity of a school, the State appeals the trial court’s suppression of drugs found in the defendant’s car.

Wednesday, December 10, 2003
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11610   Hitachi Electronic Devices (USA), Inc., Appellant v. Platinum Technologies, Inc., Platinum Technology Financial Services, Computer Associates International, Inc., NewCourt Financial USA, Inc., and CIT Group, Inc., Defendants, of whom Platinum Technologies, Inc., Platinum Technology Financial Services, and Computer Associates International, Inc., are Respondents.

William S. Brown and Henry M. Burwell, both of Nelson, Mullins, Riley & Scarborough, of Greenville, for appellant. H. Donald Sellers and Boyd B. Nicholson, Jr., both of Haynsworth, Sinkler & Boyd, of Greenville, for respondents.

Hitachi Electronic Devices, Inc. appeals from a Master-in-Equity’s order finding for Platinum Technologies, Inc. in a contractual dispute over non-conforming goods.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
11878   Alvin Herbert Shuman, Respondent-Appellant v. Charleston Lincoln Mercury, Inc., & Haywood B. Hyman, Sr., Appellants-Respondents.

G. Dana Sinkler, of Warren & Sinkler, of Charleston; and W. Reilly Marchant, of Richmond, VA, for appellants-respondents. W.E. Jenkinson, III, of Jenkinson & Jenkinson; and Helen Tyler McFadden, both of Kingstree, for respondent-appellant.

This cross appeal arises out of Alvin Shuman's claim that he was improperly terminated from his position with Charleston Lincoln Mercury, Inc. (CLM), a car dealership. The appellants-respondents, CLM and Haywood B. Hyman, Sr., contend the trial court erred in (1) submitting Shuman's claim for breach of contract to the jury, (2) allowing testimony and submitting Shuman's claims regarding profits from the sale of the dealership, (3) doubling the wages claim pursuant to a statute, (4) awarding excessive attorneys' fees, and (5) asserting jurisdiction over funds held in escrow in North Carolina. Shuman also appeals, asserting the court erred in (1) failing to award prejudgment interest, (2) interpreting the jury's verdict, and (3) failing to treble damages.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11936   Jack L. Hinton, Jr., #188521, Appellant v. South Carolina Department of Probation, Parole & Pardon Services, Respondent.

William M. Hagood, III, of Love, Thornton, Arnold & Thomason, of Greenville, for appellant. J. Benjamin Aplin, of South Carolina Department of Probation, Parole & Pardon Services, of Columbia, for respondent.

This case involves the applicability of Sections 24-21-640 and 16-1-60 to out-of-state offenses so as to eliminate parole eligibility.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
11600   The State, Respondent v. Helen Marie Douglas, Appellant.

Jack B. Swerling, of Columbia, for appellant. Jonathan S. Gasser; Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka; and Solicitor Michael Pascoe, Jr., all of Columbia, for respondent.

Douglas appeals her convictions for murder and armed robbery. She contends the trial judge erred in: (1) refusing to dismiss the murder charge based on insufficient evidence; (2) admitting a recorded statement into evidence; (3) admitting evidence obtained as a result of an illegal search and seizure; (4) admitting testimony where the probative value was outweighed by the prejudicial effect; (5) failing to dismiss the armed robbery charge; (6) refusing to suppress testimony; (7) sentencing Douglas without considering other statutory options; and (8) denying the motion for a new trial.

 12:30 p.m.           Hearing on Respondent's Motion to Dismiss (Time Limits: 00 - 00 - 0)  
1   Charleston County Department of Social Services, Respondents v. Stacey Klepp-Egge, Michael Carlous, Cade Howell, John Doe, and Joshua Belanger, DOB: 04/10/97, Defendants, of whom Stacey Klepp-Egge is Appellant.

Theresa J. Leinbach, of Charleston, for appellant. Sally Dey and Steven R. Ruemelin, both of Department of Social Services, of N. Charleston, for respondent. Guardian ad Litem: J. Howard Yates, of Charleston.

Thursday, December 11, 2003
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11632   The Late Terry Henson, by Harriet Hunt, his Aunt and Appointed Guardian ad Litem and Personal Representative, Appellant v. International Paper Company, Georgetown Steel Corporation, the City of Georgetown and Georgetown County, Defendants, of whom International Paper Company, is Respondent.

Gregg E. Meyers, of Charleston; and J. David Flowers, of Greenville, for appellant. Sean K. Trundy, of Pratt-Thomas, Epting & Walker, of Charleston, for respondent.

This civil action involves whether the Circuit Court abused its discretion in denying a motion for a new trial because of a failure to publish to counsel that the jury had awarded $400,000.00 in actual damages, allegedly inconsistent with a finding that the Plaintiff was 75% comparatively negligent. Additionally, the Plaintiff claims the Circuit Judge erred in failing to charge the doctrine of attractive nuisance.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
11397   Gina Marlowe McDowell, Appellant v. Kevin L. McDowell, Respondent.

Joseph O. Burroughs, Jr., of Conway; and J. Michael Taylor, of Golden, Taylor, Potterfield & Barron, of Columbia, for appellant. Michael W. Self, of McDougall & Self, of Sumter; and Robert L. Widener, of McNair Law Firm, of Columbia, for respondent. Guardian Ad Litem: Blake Allen Martin, of Conway.

This case concerns the modification of visitation/custody to allow a custodial parent to move out of state.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11901   The State, Respondent v. Norman Emanuel Pauling, Appellant.

Assistant Appellate Defender Robert M. Pachak, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney Charles H. Richardson and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for respondent.

This criminal appeal alleges error in regard to an increase of the Appellant’s sentence by the Circuit Judge.

Cases to be Submitted Without Oral Argument
11672    In the Matter of the Care and Treatment of James Wilson Gray, Jr., Appellant.

11780    Wade M. Jenkins, Respondent v. Janna Grooms Watkins Jenkins, Appellant.

11783    Douglas G. Davis and Brenda F. Davis, Respondents v. Eddie R. Gravley, Appellant.

11789    William Settlemeyer, Appellant v. Katherine McCluney, Respondent.

11792    Anna Mae Morgan, Plaintiff, Appellant v. David Wayne Morgan, Defendant, Respondent; And, Martha Ann Bartlett, Third Party Defendant, Respondent.

11849    Janis Munnerlyn and Tommy Brasington, Individually and as Representatives of the Greenbriar Subdivision Homeowners Association, Plaintiffs v. Earl Moody, Defendant-Third Party Plaintiff v. Marianne Van Witzenburg, Walter Hardee, Judy L. Mitchum, et al., Third-Party Defendants. AND of whom Earl Moody is the Appellant; And, Janis Munnerlyn and Tommy Brasington, Individually and as Representatives of the Greenbriar Subdivision Homeowners Association are the Respondents.

11851    Claudette E. Hicks, Respondent v. Timothy W. Brown, Appellant.

11852    Jonathan Williams, Appellant v. James W. Mahaffey and Yellow Cab of Greenville, Respondents.

11886    Tim O. Ward, Respondent v. Sharen Elizabeth Ward, Appellant.

11888    Margie Lane, Appellant v. Donald Lane, Respondent.

11890    Philip L. Causey and Brenda L. Causey, Appellants v. Total Comfort, Inc., Respondent.

11899    The State, Respondent v. Monlito Maurice Orange, Appellant.

11908    Frank Gordon, Jr., as Attorney-in-Fact for Dorothy Gordon, Respondent v. Rudolph Robert Drews, and Raymond Beasley, Appellant.

11909    Frances Adena Fuller, Individually and as Personal Representative of the Estate of Robert Ray Fuller, Deceased, Respondent v. Gerald E. Blanchard, Appellant.

11913    Larry Zobel, d/b/a Zobel Builders, Appellant-Respondent v. Barbara S. Derrick and First Union Mortgage Corporation, Defendants, of whom Barbara S. Derrick is the Respondent-Appellant.

11984    Abbott Sign Company, Inc., Appellant v. South Carolina Department of Transportation, Respondent.

12010    The State, Respondent v. William Charles Seich, Appellant.

12071    The State, Respondent v. Cory Sentell Harris, Appellant.

12078    The State, Respondent v. Thomas Wayne Richardson, Appellant.

12289    The State, Respondent v. Alvin Simuel, Appellant.