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December 2020 |
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, December 7, 2020 | |
Virtual Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-000659 The State, Respondent,
v.
Jane Katherine Hughes, Appellant. Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Caroline M. Scrantom, all of Columbia, for Respondent. In this criminal appeal, Jane Katherine Hughes appeals her convictions of murder and conspiracy to commit murder. Hughes asserts the trial court erred in (1) failing to instruct the jury on assault and battery of a high and aggravated nature, (2) denying her motion for a directed verdict of acquittal on the conspiracy charge, and (3) denying her trial counsel's motion to be relieved. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-000660 Melissa Burris #212040, Respondent,
v.
South Carolina Department of Probation, Parole and Pardon Services, Appellant. Matthew C. Buchanan and Tommy Evans, Jr., both of Columbia, for Appellant. Tommy Arthur Thomas, of Irmo, for Respondent. The South Carolina Department of Probation, Parole and Pardon Services (the Department) appeals an administrative law court (ALC) order reversing and remanding the parole board's (the Board's) final decision in which it rescinded inmate Melissa Burris's conditional parole and denied her parole. On appeal, the Department argues the ALC erred in determining Dr. Robin Lyn Moody was not qualified to conduct a psychological examination pursuant to section 24-21-610 of the South Carolina Code (2007). |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-000568 Phillip Francis Luke Hughes, on behalf of the Estate of Jane K. Hughes, Appellant,
v.
Bank of America National Association, Respondent. D. Michael Kelly, Bradley Davis Hewett, and Jamie Nicole Smith, all of Mike Kelly Law Group, LLC, of Columbia, for Appellant. Robert A. Muckenfuss, of McGuireWoods LLP, of Charlotte, NC, and Elizabeth Marion Zwickert Timmermans, of McGuireWoods LLP, of Raleigh, NC, both for Respondent. In this fraud case, Appellant Phillip Hughes, acting as representative of the Estate of Jane Hughes, asks this court to reverse the circuit court's grant of a motion to dismiss based on the fraud exception to the state's survivability statute, res judicata, and the statute of limitations. |
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Tuesday, December 8, 2020 | |
Virtual Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-000938 The State, Respondent,
v.
William Howard Heath, Appellant. David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and William Frederick Schumacher, IV, both of Columbia, for Respondent.
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-000857 Daniel Lee Davis, individually and on behalf of all those similarly situated, Respondent,
v.
ISCO Industries, Inc., Appellant. Jeffrey Andrew Lehrer, of Ford & Harrison, LLP, of Spartanburg, for Appellant. John S. Simmons, of Simmons Law Firm, LLC, of Columbia; and John Belton White, Jr., Ryan Frederick McCarty, and Marghretta Hagood Shisko, all of Harrison White P.C., of Spartanburg, for Respondent. ISCO Industries, Inc. appeals the circuit court's decision that an arbitration agreement signed by its former employee, Daniel Lee Davis, did not apply when the employee brought suit against ISCO following a data breach. ISCO contends the circuit court erred in denying its motion to compel arbitration on the basis of the unforeseeable and outrageous tort exception and Davis's negligence claim not arising out of or relating to his employment relationship with ISCO. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-000826 Colleton River Plantation Club, Inc., Appellant,
v.
Jennifer L. Holmes, Respondent. Stephen Harrison Williams and Barry L. Johnson, both of Bluffton, for Appellant. Terry A. Finger, of Finger, Melnick & Brooks, P.A., of Hilton Head Island, for Respondent. Colleton River Plantation Club (Colleton River) appeals the circuit court's order dismissing its claim against Jennifer Holmes for unpaid dues and fees, arguing the circuit court erred in finding it lacked personal and in rem jurisdiction. |
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Wednesday, December 9, 2020 | |
Virtual Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2017-002598 Charles S. Blackmon and South Carolinians for Responsible Agricultural Practices, Appellants,
v.
South Carolina Department of Health and Environmental Control, and David Coggins Broilers, Respondents,
Charles S. Blackmon and South Carolinians for Responsible Agricultural Practices, Appellants,
v.
South Carolina Department of Health and Environmental Control, and Heath Coggins Broilers, Respondents,
Charles S. Blackmon and South Carolinians for Responsible Agricultural Practices, Appellants,
v.
South Carolina Department of Health and Environmental Control, and Jim Young Broilers, Respondents. Robert Guild, of Robert Guild, Attorney at Law, of Columbia, for Appellants. Mitchell Willoughby and Tracey Colton Green, both of Willoughby & Hoefer, PA of Columbia SC for Respondents David Coggins Broilers, Heath Coggins Broilers, and Jim Young Broilers. Benjamin Parker Mustian, of Mustian Law Firm, LLC, of Columbia, for Respondents David Coggins Broilers, Heath Coggins Broilers, and Jim Young Broilers. Stephen Philip Hightower and Sara Volk Martinez, both of Columbia, and Michael Smoak Traynham, of Nexsen Pruet, LLC, of Columbia, for Respondent South Carolina Department of Health and Environmental Control.
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-000913 Carolyn Wilson, Appellant,
v.
Fred's Stores of Tennessee, Inc., Employer, and Safety National Casualty Corporation, Carrier, Respondents. Andrea Culler Roche, of Mickle & Bass, LLC, of Columbia, for Appellant. Matthew Clark LaFave, of Crowe LaFave, LLC, of Columbia, for Respondents.
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-001030 The State, Respondent,
v.
Warren Tremaine Duvant, Appellant. Christopher Lane Williams, of Williams Litigation, LLC, of New Orleans, LA, and Nisha Sandhu, of Covington, LA, both for Appellant. Attorney General Alan McCrory Wilson and William Frederick Schumacher, IV, both of Columbia, for Respondent. Warren Tremaine Duvant appeals his conviction for trafficking cocaine, arguing the circuit court erred in (1) denying his motion for a directed verdict, (2) instructing the jury that "actual knowledge of the presence of cocaine is strong evidence of the defendant's intent to control its disposition or use," and (3) admitting into evidence his statement to police, finding he was properly Mirandized prior to giving the statement. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2018-000884 Ronald Johnson, Respondent,
v.
George H. Brock, Individually and d/b/a George H. Brock, CPA, LLC; MILBRO Properties, LLC; Integrative FS, LLC; Diwood Partnership, Appellants. J. Falkner Wilkes, of Greenville, for Appellants. Scarlet Bell Moore, of Greenville, and Kenneth Edward Norsworthy, Jr., of Greer, for Respondent. In this case for breach of contract and failure to pay wages, George H. Brock, individually, and d/b/a George H. Brock CPA, LLC, MILBRO Properties, LLC, Integrative FS, LLC, and Diwood Partnership (collectively, Appellants) argue the circuit court erred in denying their motions for judgment notwithstanding the verdict (JNOV), new trial, and new trial absolute. Appellants further ague the circuit court erred in awarding Respondent Ron Johnson attorney fees and costs under the Payment of Wages Act. |
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Thursday, December 10, 2020 | |
Virtual Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-000092 Stokes-Craven Holding Corp. d/b/a Stokes-Craven Ford, Appellant,
v.
Scott L. Robinson and Johnson, McKenzie & Robinson, LLC, Respondents. Robert B. Ransom, of Leventis & Ransom, of Columbia, for Appellant. Warren C. Powell, Jr., of Bruner Powell Wall & Mullins, LLC, of Columbia, for Respondent Johnson, McKenzie & Robinson, LLC. Henry Wilkins Frampton, IV and Susan Taylor Wall, both of Gordon & Rees LLP, of Charleston, for Respondent Scott Lamar Robinson. Stokes-Craven Holding Corp., d/b/a Stokes-Craven Ford (Stokes-Craven) filed this legal malpractice action against Scott L. Robinson and Johnson, McKenzie & Robinson, LLC (Respondents). Stokes-Craven appeals the trial court's order disqualifying an attorney and law firm, arguing the trial court erred in 1) disqualifying Stokes-Craven's attorney during pretrial proceedings; 2) not considering counsel's potential role as a rebuttal witness; 3) finding counsel was an expert witness; 4) determining an expert witness's compensation should not be contingent on the outcome of trial; and 5) ordering the law firm to withdraw from representation five months before trial. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-000735 Kenneth A. Davis, as Personal Representative of the Estate of Kenneth Miles Davis, Respondent,
v.
Cole Austin Dunn and John Richard Smith, Appellants. John Dwight Hudson, of Hudson Law Offices, of Myrtle Beach, for Appellants. Ellis Reed-Hill Lesemann and John Taylor Powel, bothl of Lesemann & Associates LLC, of Charleston, for Respondent.
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Tuesday, December 8, 2020 | |
Virtual Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2018-001016 Isabelle MacKenzie, Appellant/Respondent,
v.
C&B Logging and Charles Brandon Barr, Respondents/Appellants. Eric Marc Poulin and James Camden Hodge, both of Anastopoulo Law Firm, LLC, and Roy T. Willey, IV, all of Charleston, for Appellant-Respondent. Robert Daniel Moseley, Jr., and Megan Marie Early-Soppa, both of Moseley Marcinak Law Group, LLP, of Greenville, for Respondent-Appellants. In this negligence case, Appellant Isabelle MacKenzie argues that she should have been allowed to introduce additional prior criminal charges and convictions of a driver whose alleged negligence led to her injuries. On cross-appeal, Respondents C&B Logging and Charles Brandon Barr argue that if the panel reverses the circuit court, it should then enter a directed verdict on MacKenzie's employment-related claims because Barr was acting within the scope of his employment at the time of the accident. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-000809 Bradley Weller, Appellant,
v.
Gail Weller, Respondent. Everett Guy Ballenger, of Barth, Ballenger & Lewis, LLP, of Florence; Allen Mattison Bogan, of Nelson Mullins Riley & Scarborough, LLP, of Columbia; and Miles Edward Coleman, of Nelson Mullins Riley & Scarborough, LLP, of Greenville, all for Appellant. Nancy H. Bailey, of Law Office of Nancy H. Bailey, of Florence, and Marian Dawn Nettles, of Nettles Turbeville & Reddeck, of Lake City, both for Respondent. In this family matter, Brady Weller (Husband) appeals the family court's order denying his request to terminate his alimony obligation. Husband argues the court erred in (1) finding he did not show a substantial change in circumstances justifying termination or modification of his alimony obligation, (2) relying on inadmissible and irrelevant facts in making its determination, and (3) awarding Gail Weller (Wife) attorney's fees. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-000822 The State, Respondent,
v.
Antoine Lakida Hightower, Appellant. Joanna Katherine Delany, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Joshua Abraham Edwards, both of Columbia, for Respondent. Appellant Antoine Lakida Hightower appeals his convictions for first-degree burglary, kidnapping, ABHAN, and possession of a weapon during the commission of a violent crime. He argues the circuit court erred by: (1) denying his pre-trial motion for a psychiatric evaluation; (2) declining to order a competency evaluation; (3) and admitting prior statements giving by the two victims who also testified at the trial. |
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Wednesday, December 9, 2020 | |
Virtual Courtroom II
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10:00 a.m. | (Time Limits: 15-15-5) |
2018-000906 Sea Island Food Group, LLC, d/b/a Squeeze, Plaintiff,
v.
Yaschik Development Company, Inc., d/b/a Yaschik Enterprises, Hilton Smith, East Bay Company, Ltd., Michael J. Quillen Family Limited Partnership, Defendants.
Michael J. Quillen Family Limited Partnership, Third-Party Plaintiff,
v.
Top of the Bay, LLC, Third-Party Defendant.
Top of the Bay, LLC, d/b/a Club Light, Fourth-Party Plaintiff, Respondent,
v.
Yaschik Development Company, Inc., d/b/a Yaschik Enterprises, Fourth-Party Defendant, Appellant. E. Brandon Gaskins, of Moore & Van Allen, PLLC, of Charleston; Robert Ernest Sumner, IV, of Butler Snow, LLP, of Charleston; and Charles Robert Scarminach, of Atlanta, GA, all for Appellant. W. Tracy Brown, of The Brown Law Firm, of Summerville, and William Koatesworth Swope, of The Swope Law Firm, PA, of Charleston, both for Respondent. This appeal is about an owner's decision to terminate a building's master lease after the building was damaged in a fire. Two subtenants sued the owner and the master tenant in response. Here, the owner - Yaschik Development Company - argues the circuit court should have directed a verdict in its favor once the circuit court directed a verdict for the master tenant and that the award of punitive damages should be reversed outright or reduced. |
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