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Court of Appeals - Roster of Cases for Hearing

December 2016

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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
Court Room I
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.

 
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.

 
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, In., 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.

 
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.

 
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.

 
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.

 
Wednesday, December 7, 2016
Court Room I
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.

 
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.

 
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.

 
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.

 
Thursday, December 8, 2016
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2015-001106    Charleston County Assessor, Appellant, v. University Ventures, LLC, Respondent.

Bernard E. Ferrara, Jr., Joseph Dawson, III, Austin Adams Bruner, and Johanna Serrano Gardner, all of North Charleston, for Appellant. Morris Arthur Ellison and William Thomas Dawson, III, both of Womble Carlyle Sandridge & Rice, LLP, of Charleston, for Respondent.

In this tax reassessment case, the Charleston County Assessor appeals the administrative law court's (ALC's) finding the assessed value for 2011 was incorrect. The Assessor contends the ALC erred in determining the property should be valued as a vacant lot.

 
10:40 a.m. (Time Limits: 10-10-5)
2014-001669    The State, Respondent, v. Robert Lee Moore, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

Robert Lee Moore appeals his conviction of attempted murder, arguing the trial court should have suppressed the evidence found from the search of his cell phone. First, he contends the preliminary warrantless search of his phone violated his Fourth Amendment rights as he had not abandoned his privacy interest in the phone. Second, he argues the warrant to more thoroughly search the phone was based upon a conclusory affidavit and all evidence obtained from it should have been suppressed.

 
11:20 a.m. (Time Limits: 10-10-5)
2014-002212    Arrowpoint Capital Corporation/Arrowood Indemnity Co., Carrier, Appellant, v. South Carolina Second Injury Fund, Respondent., [In Re: Joe Mathis, Employee/Claimant, v. Yuasa Exide, Incorporated, Employer]

Vernon F. Dunbar and Ashley Rudisill Forbes, both of McAngus Goudelock & Courie, LLC, of Greenville, for Appellant. Latonya Dilligard Edwards of Dilligard Edwards, LLC, of Columbia, for Respondent.

Carrier appeals an order of the circuit court arguing the court erred in denying its claim for reimbursement from the Second Injury Fund.

 
12:00 p.m. (Time Limits: 10-10-5)
2014-002214    Arrowpoint Capital Corporation/Arrowood Indemnity Co., Appellant, v. South Carolina Second Injury Fund, Respondent. [In Re: C.L. Williams, Employee/Claimant, v. Yuasa Exide, Incorporated, Employer]

Vernon F. Dunbar, Stephanie Lamb Pugh, and Ashley Forbes, all of McAngus Goudelock & Courie, LLC, of Greenville, for Appellant. Latonya Dilligard Edwards of Dilligard Edwards, LLC, of Columbia, for Respondent.

Carrier appeals an order of the circuit court arguing the court erred in concluding it was not entitled to reimbursement from the Second Injury Fund pursuant to section 42-9-400 of the South Carolina Code.

 
12:40 p.m. (Time Limits: 10-10-5)
2014-002215    Arrowpoint Capital Corporation/Arrowood Indemnity Co., Appellant, v. South Carolina Second Injury Fund, Respondent, IN RE: Mary McConico, Employee, v Yuasa-Exide, Inc., Employer, and Arrowpoint Capital Corp./Arrowood Indemnity Co., Carrier.

Vernon F. Dunbar of McAngus Goudelock & Courie, LLC, of Greenville, for Appellant. Timothy Blair Killen of Willson Jones Carter & Baxley, P.A., of Mt. Pleasant, for Respondent.

Arrowpoint Capital Corporation, a/k/a Arrowood Indemnity Company (Carrier) appeals the circuit court's order affirming the denial of Carrier's claim for reimbursement from the Second Injury Fund (the Fund). Carrier argues the circuit court erred in (1) denying Carrier's claim for reimbursement from the Fund, (2) interpreting section 42-9-400 to mean any preexisting conditions must manifest prior to an employee's hire and engagement of required work activities, and (3) determining Carrier's claim reimbursement was not timely filed and thus barred by section 42-7-320(B)(2).

 
Cases to be Submitted Without Oral Argument
2014-001220 The State, Respondent, v. Shayla Jereau Bryan, Appellant.

2014-001803 The State, Respondent, v. Calvert Myers, Appellant.

2014-002293 The State, Respondent, v. Brice Driggers, Appellant.

2015-000311 The State, Respondent, v. Ralph Martin, Appellant.

2015-001399 The State, Respondent, v. Waymon Eugene Newton, Appellant.

2015-001806 The State, Respondent, v. Nelapold S. Daniels, Appellant.

2015-002028 The State, Respondent, v. Annie Victoria Wilson, Appellant.

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.

2014-001403 The State, Respondent, v. Gary Nelson, Appellant.

2016-000217 The State, Respondent, v. Justin Cameron Harden, Appellant.

2015-000058 William McFarland and Jennifer McFarland, Appellants, v. Mansour Rashtchian and Amy Rashtchian, Respondents.

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.

2015-000522 The State, Respondent, v. Kemonie Lashawn Jones, Appellant.

2015-000927 The State, Respondent, v. Eric Lamont Owens, Appellant.

2015-002486 Gertrude Shiver, Employee, Appellant, v. Palmetto Health Richland, Employer, Palmetto Health Trust, Carrier, Respondents.

2016-000236 The State of South Carolina, Respondent, v. Kevin Williamson, Appellant.

2015-000717 The State, Respondent, v. Russell Alan Tupper, Appellant.

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.

2013-002179 The State, Respondent, v. Franklin Ezekiel Dennison, Appellant.

2014-001023 The State, Respondent, v. Robert Lee Wright, Appellant.

2014-002196 John James Bell, Petitioner, v. State of South Carolina, Respondent,

2015-001176 The State, Respondent, v. Jerry Jerome Andrews, III, Appellant.

2015-001542 The State, Respondent, v. Jamal Hakeem, Appellant.

2015-001956 The State, Respondent, v. Jonathan Troy Gibson, Appellant.

2015-002006 The State, Respondent, v. Wilford Gino Ford, Appellant.

2015-002039 Gernaris Hamilton, Appellant, v. Henry Scott, Sr., Respondent.

2013-002406 The State, Appellant, v. Shelby Jean Lorusso, Respondent.

2014-002556 The State, Appellant, v. Tiffanie Nicole Turner, Respondent.

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.

2015-000723 The State, Respondent, v. Gary Lesley Rucker, Appellant.

2015-001369 The State, Respondent, v. Vaughn Hilliard, Appellant.

2015-002040 The State, Respondent, v. Kalven Terry Pearson, Appellant.

2015-002430 The State, Respondent, v. Tracy Marshela Alston, Appellant.

2015-002622 The State, Respondent, v. Larry Council, Appellant.

2016-000431 Bernard McFadden, 199135, Appellant, v. South Carolina Department of Corrections, Respondent.

2016-000554 In the Interest of Nhaquise B., A Minor Under the Age of Seventeen