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Court of Appeals - Roster of Cases for Hearing

September 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.
Wednesday, September 7, 2016
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2013-000335    The State, Respondent, v. Jimmy Turner, Appellant.

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General John Benjamin Aplin, both of Columbia, for Respondent. Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

Appellant Jimmy Turner appeals his convictions for first-degree criminal sexual conduct with a minor and lewd act with a minor. Appellant contends the trial court erred by allowing the State's expert witness to improperly bolster the alleged victim's credibility with testimony regarding the expert's recommendations to the victim.

 
Thursday, September 8, 2016
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2014-002770    The State, Appellant, v. Steven Hoss Walters, Jr., Respondent.

Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Appellant. Solicitor Kevin Scott Brackett, of York, for Appellant. James W. Boyd of James W. Boyd, Attorney, of Rock Hill, for Respondent.

The State appeals the circuit court's dismissal of its case against Steven Walters, Jr. for driving under the influence (DUI), second offense. The State argues the circuit court erred in finding: (1) the video recording produced by the State failed to comply with the requirements of section 56-5-2953(A) of the South Carolina Code (Supp. 2015); and (2) section 56-5-2953(B) of the South Carolina Code (Supp. 2015) was not applicable.

 
10:40 a.m. (Time Limits: 10-10-5)
2013-002124    The State, Appellant, v. Shannon Scott, Respondent.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia, for Appellant. Solicitor Daniel Edward Johnson and Assistant Solicitor April Woodard Sampson, both of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Respondent.

The State appeals the circuit court's order finding Shannon Scott immune from prosecution for murder pursuant to sections 16-11-440(A) and (C) of the South Carolina Code.

 
12:00 p.m. (Time Limits: 10-10-5)
2013-002697    William J. Montgomery, Respondent, v. Spartanburg County Assessor, Appellant.

John Holladay Harris and Virginia M. Dupont, both of Spartanburg; Ray Nelson Stevens, Michael Enrico Kozlarek, and Walter Hammond Cartin, all of Parker Poe Adams & Bernstein, LLP of Columbia, for Appellant. James G. Carpenter and Jennifer J. Miller, both of Carpenter Law Firm, PC of Greenville; and Lewis Warren Clayton, III of MSI-Viking Gage, LLC of Duncan, for Respondent. Robert E. Lyon, Jr., John K. DeLoache, and Alexander White Smith, all of Columbia, for Amicus Curiae South Carolina Association of Counties. Milton Gary Kimpson and Joe S. Dusenbury, Jr., both of Columbia, for Amicus Curiae South Carolina Department of Revenue. Burnet Rhett Maybank, III, and James Peter Rourke, both of Nexsen Pruet, LLC of Columbia, for Amicus Curiae South Carolina Farm Bureau Federation.

In this action from the Administrative Law Court (ALC), the Spartanburg County Assessor (Assessor) appeals the ALC's order granting Montgomery's motion for summary judgment. Assessor argues the ALC erred in its definition of "fair market value for agricultural property" in section 12-43-220(d) of the South Carolina Code (2014).

 
12:30 p.m.
2014-001134    South Carolina Department of Social Services, Respondent, v. Ngoc Tran and Thomas Nguyen, Defendants, Of Whom Ngoc Tran is the Appellant. In the interest of a minor child under the age of eighteen.

Kimberly Yancey Brooks of Kimberly Y. Brooks, Attorney at Law, of Greenville for Appellant. Kathleen J. Hodges of Walhalla, for Respondent. Brittany Dreher Senerius of Senerius & Tye, Attorneys at Law, of Anderson, for Guardian Ad Litem Kay Sporrer.

 
2:20 p.m. (Time Limits: 10-10-5)
2014-000066    The State, Respondent, v. Joshua Griffith, Appellant.

William Harry Ehlies, II, of Greenville, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent.

Joshua Griffith appeals his convictions of murder, criminal conspiracy, and assault and battery with intent to kill. He contends the trial court erred in not granting him a directed verdict. He also argues the trial court should have charged the jury regarding circumstantial evidence according to State v. Logan. Additionally, he maintains the trial court erred in permitting a witness to testify in reply when that witness violated the sequestration order.

 
Wednesday, September 21, 2016
Court Room I
10:15 a.m. (Time Limits: 10-10-5)
2014-000294    The State, Respondent, v. Walker Manning Hughes, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Caroline M. Scrantom, all of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

Walker Manning Hughes appeals his convictions for murder, first-degree burglary, grand larceny, possession of a weapon during the commission of a violent crime, and his aggregate sentence of life without parole (LWOP). Hughes argues the circuit court erred in (1) admitting prejudicial hearsay testimony and (2) denying his motion to require the State to open fully on the law and the facts during closing arguments.

 
1:00 p.m. (Time Limits: 10-10-5)
2014-000612    Brenda Faye Bradberry, Appellant, v. William David Bradberry, Respondent.

William E. Phillips, of Anderson, for Appellant. David James Brousseau of McIntosh, Sherard, Sullivan & Brousseau, of Anderson, for Respondent.

In this divorce action, Brenda Bradberry (Wife) appeals the family court's order, arguing (1) the family court erred by failing to award alimony to Wife based on the duration of the marriage, the incomes of the parties, and other relevant factors; and (2) the family court erred by failing to grant Wife a divorce based upon the ground of adultery.

 
1:40 p.m. (Time Limits: 10-10-5)
2014-001082    The State, Respondent, v. Donte Samar Brown, Appellant.

Assistant Appellate Defender Tiffany Lorraine Butler, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Donte Samar Brown appeals his convictions of armed robbery, kidnapping, criminal conspiracy, and burglary in the second degree. He contends the trial court erred in admitting GPS records from an electronic monitoring device under the business records exception to the rule against hearsay, Rule 803(6), SCRE. He also maintains the trial court erred in admitting evidence obtained pursuant to a search warrant, which he argues was defective under section 17-13-140 of the South Carolina Code.

 
Thursday, September 22, 2016
Court Room I
1:00 p.m. (Time Limits: 10-10-5)
2014-001326    The State, Respondent, v. Fred Jack Sanders, Appellant.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent.

Fred Sanders appeals his convictions for manufacturing methamphetamine, possession of methamphetamine, possession of crack cocaine, possession with intent to distribute (PWID) heroin, and possession of a controlled substance, arguing the trial court erred in (1) denying his motion to recharge the jury on the language of section 44-53-375(D) of the South Carolina Code and (2) denying his motion for a mistrial .

 
Thursday, September 8, 2016
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2014-000730    Earl Dukes, Appellant, v. Kennith W. Farrell, Mary C. Farrell and Martin Bogdonovitch, Defendants, Of whom Kennith W. Farrell and Mary C. Farrell are the Respondents.

J. Cameron Halford of Halford, Niemiec & Freeman, LLP, of Fort Mill, for Appellant. John Martin Foster, of Rock Hill, for Respondents.

In this trespass action, Appellant Earl Dukes seeks review of the circuit court's order granting partial summary judgment to Respondents, Kenneth W. Farrell and Mary C. Farrell (the Farrells). Dukes argues the circuit court failed to view the facts in a light most favorable to him in ruling that the Farrells owned the pier and dock crossing Dukes' land. Dukes also argues the circuit court erred in concluding that the Farrells had an appurtenant easement over Dukes' property.

 
10:40 a.m. (Time Limits: 10-10-5)
2014-000766    The State, Respondent, v. Devin Johnson, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Devin Johnson appeals his convictions for murder and possession of a weapon during a violent crime, arguing the trial court erred in (1) admitting text messages and historical cell service location information obtained from his cellular service provider by a search warrant; (2) admitting his statement to a police officer; and (3) instructing the jury concerning "the hand of one is the hand of all" because the evidence did not support the instruction and the timing of the instruction prevented Appellant from addressing the theory in his closing argument.

 
11:20 a.m. (Time Limits: 10-10-5)
2014-001886    The State, Appellant, v. Corey Jamal Williams, Respondent.

Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Appellant. Solicitor Kevin Scott Brackett, of York, for Appellant. Appellate Defender David Alexander, of Columbia, for Respondent.

In this appeal, the State argues the plea court erred in interpreting Section 24-13-1530 of the South Carolina Code (2007) to allow a sentence of house arrest for a violent crime-trafficking in marijuana, ten to one hundred pounds, first offense-when the plain language of the statute unambiguously states it only applies to "low risk, nonviolent adult and juvenile offenders."

 
Cases to be Submitted Without Oral Argument
2013-002311 Rene McMasters now known as Rene McMasters Ronaghan, Respondent, v. H. Wayne Charpia a/k/a Howard W. Charpia and Jody E. Charpia, Appellants.

2014-000663 James W. Trexler, Appellant, v. The Humane Society for the Prevention of Cruelty to Animals, and Wayne Brennessel, individually and as Executive Director of the Humane Society for the Prevention of Cruelty to Animals, Respondents.

2014-001737 Mark D. Ostendorff, Appellant, v. School District of Pickens County Board of Trustees, School District of Pickens County, Alex Saitta, Judy Edwards, Jimmy Gillespie, Herbert Cooper, Jim Shelton, Ben Trotter, Kelly Pew, Henry Hunt, and Robert Folkman, Respondents.

2014-001921 The State, Respondent, v. Iradelle James, Appellant.

2014-002276 The State, Respondent, v. Wendall Bernard Wilkins, Appellant.

2014-002286 City of Rock Hill, Appellant, v. James Delaney Allen, III, Respondent.

2014-002326 The State, Respondent, v. Thomas James, Appellant.

2014-002336 The State, Respondent, v. Carnail Marchindla Graham, Appellant.

2014-002377 Tariq Geer, by his mother, Lisa Geer; Ka'Darrius Brownlee, by his mother Lakesha Brownlee; Shamarion Brownlee, by his mother Kim Brownlee, Appellants, v. Anderson County School District 5, Respondent.

2015-000885 Gene Gibbs, Respondent, v. Jill Roberts Gibbs, Appellant.

2014-001470 Alfonso Ware, Jr. Petitioner, v. The State, Respondent.

2014-002442 The State, Respondent, v. Derrick D. Dupree, Appellant.

2015-000244 Kerry Paul, Appellant, v. South Carolina Department of Employment and Workforce, Respondent.

2015-000252 The State, Appellant, v. Blake Thomas Jenkinson, Respondent.

2015-002525 South Carolina Department of Social Services, Respondent, v. Brandy Leach, Travis Hankinson, Ron Hankinson, and Linda Shealy, Defendants, Of whom Travis Hankinson is the Appellant. In the interest of a minor under the age of eighteen.

2012-212936 Christopher O'Neal Pringle, Petitioner, v. State of South Carolina, Respondent.

2014-001747 Joseph C. Sun, Appellant, v. Marshall L. Horton and Richard Ulbrich, Respondents.

2015-000171 The State, Respondent, v. Reginald Raynard White a/k/a Reginald Raynard White, Jr., Appellant.

2013-001561 George M. Adams, #181283, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

2014-000989 The State, Respondent, v. Leonard Eugene Brockington, Appellant.

2015-000647 Terry and Suzette Patton, Appellants, v. American Lifestyle Homes, LLC, Rufus G. Revis d/b/a American Lifestyle Homes, and Anderson Brothers Concrete, LLC, Marcus Clinkscales a/k/a Marcus Anderson d/b/a Anderson Brothers Concrete, LLC, and Scott Brown, Respondents.

2015-000810 Paula Y. Tucker, Appellant, v. SC Department of Mental Health, and State Accident Fund, Respondents.

2015-001093 The State, Appellant, v. Kathryn Hart Dew, Respondent.

2015-001674 Jamie Leamon, #244584, Appellant, v. South Carolina Department of Corrections, Respondent.

2013-001849 The State, Respondent, v. James C. Williams, Appellant.

2014-002207 The State, Respondent, v. William Jarrell Alexander, Appellant.

2015-000409 Benjamin K. Henderson, Appellant, v. Patricia Greer, Respondent.

2015-000701 Paula Rose, Respondent, v. Charles Homer Rose, II, Appellant.

2015-000907 The State, Respondent, v. Jack Randall Moore, Appellant.

2015-001138 Melvin T. Roberts, Appellant, v. Mark Keel, Director, South Carolina Law Enforcement Division (SLED) and the State of South Carolina, Respondents.

2014-002032 James W. Trexler, Appellant, v. Richland County and the Sheriff of Richland County, in his official Capacity, a/k/a Richland County Sheriff's Department, Respondents.

2014-002305 Catalina London Limited f/k/a Alea London Limited, Respondent, v. Elisa Narruhn and R.K.C. Entertainment, LLC d/b/a The Red Room, Appellants.

2013-002373 H & R Block Bank, FSB, Respondent, v. Ziraili M. Elbey a/k/a Ziraili Mohassan El Bey, WKFC Living Trust Under Trust Agreement Dated June 4, 2010 by and through its Trustee Wellesley K. Clayton, American Home Mortgage Servicing, Inc. s/b/m to Option One Mortgage Corporation, Defendants, Of Whom Ziraili M. Elbey is the Appellant.

2014-001150 The State, Respondent, v. Walter Jacob Merka, Appellant.

2014-001299 The State, Respondent, v. Daniel Martinez Herrera, Appellant.

2014-001907 Nationwide Property & Casualty Insurance Company, Appellant, v. Gary McCombs and Ragan McCombs Albert, Respondents.

2014-002664 The State, Respondent, v. Gayle G. Morgan, Appellant.

2014-002682 The State, Respondent, v. Robert T. Kronsberg, Appellant.

2015-000691 Terrance Satterwhite, Respondent, v. Palmetto State Transportation, Employer, Cherokee Insurance Company, Carrier, Appellants.

2015-000715 Diahnnie Helper, Respondent, v. Vernon Helper, Appellant.

2015-001169 Wanda Weaver, Employee, Appellant, v. SC Dept. of Disabilities and Special Needs, Employer, and State Accident Fund, Carrier, Of whom SC Dept. of Disabilities and Special Needs is the Respondent.

2015-001435 Angel Nails, Appellant, v. South Carolina Department of Labor, Licensing, & Regulation, State Board of Cosmetology, Respondent.

2015-001941 Elizabeth J. Langley, Appellant, v. Wendy J. Lynch, Rebecca M. Lynch, James M. Lynch, II, Donald Jordan, III, Jimmy white and S. Porter Stewart, II, as Personal Representative of the Estate of James M. Lynch, Defendants, Of whom Wendy J. Lynch is the Respondent.

2015-002333 South Carolina Department of Social Services, Respondent, v. Earl Wayne Hitt, Sheena Spoon, and Kelley Scott, Defendants, Of whom Earl Wayne Hitt is the Appellant. In the interest of minors under the age if eighteen.

2015-002463 The State, Respondent, v. Crystal Renae Baker, Appellant.