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December 2016 |
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, December 6, 2016 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-002207 The State, Respondent,
v.
Clyde Bowen Davis, Appellant. Ryan Lewis Beasley of Ryan L. Beasley, Attorney at Law, PA, of Greenville, for Appellant. Attorney General Alan McCrory Wilson, Assistant Deputy Attorney General Samuel Creighton Waters, and Assistant Attorney General Joshua Richard Underwood, all of Columbia, for Respondent. Clyde Bowen Davis appeals his conviction for conspiracy to traffic 100 grams or more but less than 200 grams of methamphetamine, arguing the circuit court erred in (1) refusing to dismiss Count II of the superseding indictment, (2) failing to find the State abused the grand jury process, (3) failing to find the State withheld material exculpatory evidence, (4) failing to exclude an unduly suggestive out-of-court identification, and (5) admitting an investigator's testimony that included hearsay from a confidential informant. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-002358 The State, Respondent,
v.
Toaby Alexander Trapp, Appellant. Dietrich Andre' Lake of The Lake Law Firm, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Solicitor David Matthew Stumbo, of Greenwood, for Respondent. In this criminal appeal, Toaby Trapp appeals his conviction for trafficking crack cocaine, arguing the circuit court erred in (1) admitting drug evidence when the State failed to establish a strict chain of custody; (2) admitting testimonial evidence in violation of the Confrontation Clause; (3) failing to grant a Franks v. Delaware hearing and subsequently refusing to suppress evidence obtained as a result of the invalid search warrant; and (4) admitting Trapp's alleged confession without a Jackson v. Denno hearing when the totality of circumstances demonstrated Trapp's statements were involuntary and thus inadmissible. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2015-000652 Clifford D. Holley and Sharon Holley, Appellants,
v.
Dan-Sa, Inc.; Charles E. Oman; Janis M. Niemi; Gina L. Pike; Dermac Contractors, LLC; Bluewater Development of South Carolina, LLC; and Blue Ridge Savings Bank, Inc., Defendants,
Of whom Charles E. Oman and Janis M. Niemi are the Respondents. H. Freeman Belser and William Clayton Dillard, Jr., both of Belser & Belser, PA, of Columbia, for Appellants. Stephen C. Burn, Jr. of Burn Law Firm, LLC, of Lexington, for Appellants. Catharine H. Garbee Griffin, of Baker Ravenel & Bender, LLP, of Columbia, for Respondents. Clifford D. Holley and Sharon Holley (collectively, the Holleys) appeal the circuit court's order granting summary judgment to Charles E. Oman and Janis M. Niemi (collectively, Respondents). On appeal, the Holleys raise the following issues: (1) whether the circuit court erred in holding Respondents' burial of organic debris on their property was not a material fact in the sale of the property; (2) whether a vendor of partially improved land has a duty to disclose known latent defects affecting the suitability of the land for further residential improvements; (3) whether a vendor's liability for failure to disclose land defects extends to a subvendee; (4) whether the circuit court erred in holding the Holleys' damages were not caused by Respondents' failure to disclose buried debris; and (5) whether a residential lot owner who constructs home foundation footers on the lot and then sells it to a builder to complete construction of a speculative home owes a duty of care to a subsequent owner of the fully constructed home. |
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12:40 p.m. | (Time Limits: 10-10-5) |
2014-001815 Clarence Winfrey, Employee, Appellant,
v.
Archway Services, Inc., Employer, and American Fire & Casualty Insurance Company, Carrier, Respondents. Preston F. McDaniel of McDaniel Law Firm, of Columbia, for Appellant. Brett Harris Bayne of McAngus Goudelock & Courie, LLC, of Columbia, for Respondents. Clarence Winfrey (Claimant) appeals the decision of the Appellate Panel of the South Carolina Workers' Compensation Commission (Appellate Panel), which affirmed the single commissioner's determination that Archway Services, Inc. and Liberty Mutual Insurance Co. (collectively, Respondents) properly terminated Claimant's benefits under section 42-9-260 of the South Carolina Code (2015). Claimant argues the Appellate Panel erred in (1) holding Respondents did not have the burden of proving they conducted a good faith investigation to determine whether they could terminate Claimant's benefits, (2) not ordering reinstatement benefits when Respondents failed to comply with the mandatory requirements of section 42-9-260, (3) excluding Claimant's evidence from after September 15, 2013, (4) affirming Finding of Fact #2 that Claimant suffered a myocardial infarction "on May 28, 2013," and (5) making Findings of Fact #4 through #11, which were not supported by the evidence in the record. Claimant also argues the single commissioner erred in (1) admitting and considering Respondents' late-filed prehearing brief and Administrative Procedures Act submissions, (2) holding an unrecorded, two hour prehearing conference during which the commissioner made substantive decisions on motions that were not properly noticed for hearing, (3) deciding issues regarding several motions in its ancillary order, and (4) delaying a decision from November 13, 2013 until December 5, 2013. |
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12:40 p.m. | (Time Limits: 10-10-5) |
2014-001788 Clarence Winfrey, Employee, Claimant, Respondent,
v.
Archway Services, Inc., Employer, and American Fire & Casualty Insurance Company c/o Liberty Mutual Group, Carrier, Appellants. Brett Harris Bayne of McAngus Goudelock & Courie, LLC, of Columbia, for Appellants. Preston F. McDaniel of McDaniel Law Firm, of Columbia, for Respondent.
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12:40 p.m. | (Time Limits: 10-10-5) |
2014-001816 Clarence Winfrey, Employee, Appellant,
v.
Archway Services, Inc., Employer, and American Fire & Casualty Insurance Company, Carrier, Respondents. Preston F. McDaniel of McDaniel Law Firm, of Columbia, for Appellant. Brett Harris Bayne of McAngus Goudelock & Courie, LLC, of Columbia, for Respondents.
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Wednesday, December 7, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-002018 Belle Hall Plantation Homeowner's Association, Inc., Plaintiff,
v.
John A. Murray, Trustee of John E. Murray & Gloria C. Murray Family Trust, Respondent,
and
David Conor Keys & Karen Keys, Appellants. David Conor Keys, of Charleston, for Appellants. Amanda Megan Reece of Reece Law Firm, LLC, of Mount Pleasant, for Respondent. In this foreclosure action, Appellants allege the Master-in-Equity erred by vacating the foreclosure sale, denying Appellants' motion to stay the order vacating the sale, and denying Appellants' motion to strike affidavits presented to the Master. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-000700 Rick Still, Donice Still, Christine Orr and Terry Orr, Appellants,
v.
South Carolina Department of Health and Environmental Control and Lisa Sumerel and Sumerel Poultry Farm, Respondents. Joseph Owen Smith of Roe Cassidy Coates & Price, PA, of Greenville, for Appellants. Thomas Erskine Hite, III of Hite and Stone, of Abbeville, for Respondents Lisa Sumerel and Sumerel Poultry Farm. Jacquelyn Sue Dickman and Stephen Philip Hightower, both of Columbia, for Respondent South Carolina Department of Health and Environmental Control. Plaintiffs appeal the Administrative Law Court's (ALC's) order affirming the Department of Health and Environmental Services's (DHEC's) issuance of a permit to Sumerel Poultry Farms to operate a poultry raising facility. Plaintiffs argue the ALC's determination the facility would qualify as a "small animal feeding operation" was not supported by the substantial weight of the evidence, and DHEC failed to perform an adequate investigation for the issuance of such a permit. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-002337 The State, Respondent,
v.
Tyrone Darius Ellison, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent. Tyrone Ellison appeals his convictions for armed robbery and entering a bank with intent to steal, arguing the trial court erred by not granting him a mistrial. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2015-000808 James Osment, Appellant,
v.
The Timken Company and Phoenix Insurance Company, Respondents. John David Hawkins, Charles Logan Rollins, II, and George Randall Taylor, all of The Hawkins Law Firm, of Spartanburg, for Appellant. J. South Lewis, II, of Willson Jones Carter & Baxley, P.A., of Greenville, for Respondents. James Osment appeals the South Carolina Workers' Compensation Commission Appellate Panel's (Appellate Panel) order, arguing the Appellate Panel erred in (1) finding he did not sustain a compensable injury to his back or right hip as a result of his work-related right knee injury; and (2) finding he sustained only sixty percent permanent partial disability to his right knee as a result of his work-related injury. |
Cases to be Submitted Without Oral Argument | |
2016-000554 |
In the Interest of Nhaquise B., A Minor Under the Age of Seventeen
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2015-002430 |
The State, Respondent,
v.
Tracy Marshela Alston, Appellant.
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2015-000723 |
The State, Respondent,
v.
Gary Lesley Rucker, Appellant.
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2015-001369 |
The State, Respondent,
v.
Vaughn Hilliard, Appellant.
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2014-002293 |
The State, Respondent,
v.
Brice Driggers, Appellant.
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2015-000349 |
Wells Fargo Bank, N.A., Respondent,
v.
Delores Prescott and Wells Fargo Financial Bank (SD), Defendants,
Of Whom Delores Prescott is the Appellant.
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2014-002556 |
The State, Appellant,
v.
Tiffanie Nicole Turner, Respondent.
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2014-001977 |
Eugene Magwood, Appellant,
v.
J. Al Cannon, Jr. in his official capacity as Sheriff of Charleston County, Inspector Anderson, Inspector Antonio, Charles Ghent, and South Carolina Law Enforcement Division, Respondents.
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2015-002040 |
The State, Respondent,
v.
Kalven Terry Pearson, Appellant.
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2015-000927 |
The State, Respondent,
v.
Eric Lamont Owens, Appellant.
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2015-000522 |
The State, Respondent,
v.
Kemonie Lashawn Jones, Appellant.
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2015-000058 |
William McFarland and Jennifer McFarland, Appellants,
v.
Mansour Rashtchian and Amy Rashtchian, Respondents.
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2016-000217 |
The State, Respondent,
v.
Justin Cameron Harden, Appellant.
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2015-001399 |
The State, Respondent,
v.
Waymon Eugene Newton, Appellant.
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2015-002486 |
Gertrude Shiver, Employee, Appellant,
v.
Palmetto Health Richland, Employer, Palmetto Health Trust, Carrier, Respondents.
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2016-000236 |
The State of South Carolina, Respondent,
v.
Kevin Williamson, Appellant.
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2014-001803 |
The State, Respondent,
v.
Calvert Myers, Appellant.
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2013-002179 |
The State, Respondent,
v.
Franklin Ezekiel Dennison, Appellant.
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2016-000431 |
Bernard McFadden, 199135, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2014-002196 |
John James Bell, Petitioner,
v.
State of South Carolina, Respondent,
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2015-002622 |
The State, Respondent,
v.
Larry Council, Appellant.
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2014-001023 |
The State, Respondent,
v.
Robert Lee Wright, Appellant.
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2015-001806 |
The State, Respondent,
v.
Nelapold S. Daniels, Appellant.
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2015-001176 |
The State, Respondent,
v.
Jerry Jerome Andrews, III, Appellant.
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2015-000280 |
In the Matter of the Care and Treatment of Daryl Snow, a/k/a Darrell Thaddeus Snow, a/k/a Daryl T. Snow, Appellant.
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2015-000717 |
The State, Respondent,
v.
Russell Alan Tupper, Appellant.
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2015-002039 |
Gernaris Hamilton, Appellant,
v.
Henry Scott, Sr., Respondent.
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2014-001220 |
The State, Respondent,
v.
Shayla Jereau Bryan, Appellant.
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2014-001403 |
The State, Respondent,
v.
Gary Nelson, Appellant.
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2015-002028 |
The State, Respondent,
v.
Annie Victoria Wilson, Appellant.
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2015-001542 |
The State, Respondent,
v.
Jamal Hakeem, Appellant.
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2015-000311 |
The State, Respondent,
v.
Ralph Martin, Appellant.
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2013-000887 |
Gertrude Shiver, Claimant, Appellant,
v.
Palmetto Health Richland, Employer, Key Risk Management Services, Inc., TPA, Palmetto Hospital Trust Services, Carrier, Trident Regional Medical Center, Employer, Zurich American Insurance Company, Carrier, Respondents.
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2015-001956 |
The State, Respondent,
v.
Jonathan Troy Gibson, Appellant.
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2015-002006 |
The State, Respondent,
v.
Wilford Gino Ford, Appellant.
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