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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, October 12, 2021
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2018-000339    Wilton Q. Greene, Petitioner, v. State of South Carolina, Respondent.

Joanna Katherine Delany, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Megan Harrigan Jameson, and Joshua Abraham Edwards, all of Columbia, for Respondent.

In this action for post-conviction relief (PCR), Wilton Q. Greene (Petitioner) argues the PCR court erred in: (1) finding trial counsel provided effective assistance of counsel; and (2) finding overwhelming evidence of guilt precluded Petitioner from showing prejudice.

 11:20 a.m. (Time Limits: 10-10-5)  
2018-002270    Richard Ciampanella, Respondent, v. City of Myrtle Beach, Appellant.

Amy Lynn Neuschafer, of Collins & Lacy, PC, of Murrells Inlet, for Appellant. Gene McCain Connell, Jr., of Kelaher Connell & Connor, PC, of Surfside Beach; and Julian Zeno Hanna, of Julian Z. Hanna & Assoc., PA, of Pawleys Island, both for Respondent.

On appeal in this negligence action, the City of Myrtle Beach argues the circuit court erred in granting Richard Ciampanella's motion for a new trial when he failed to present evidence of the standard of care or a breach of the standard of care.

 12:00 p.m. (Time Limits: 10-10-5)  
2017-002168    The State, Respondent, v. Philip David Guderyon, Appellant.

Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and William M. Blitch, Jr., both of Columbia, for Respondent.

Philip Guderyon (Appellant) appeals his conviction for assault and battery of a high and aggravated nature (ABHAN) arguing the circuit court erred in: (1) failing to direct a verdict of acquittal; (2) instructing the jury that in order for self-defense to apply, Appellant must have been in fear of great bodily injury or death; and (3) instructing the jury that the State had to prove Appellant intended to injure another person with no regard to whether he intended the level of injury that occurred.

Wednesday, October 13, 2021
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-000555    Joshua A. Reed, Petitioner, v. State of South Carolina, Respondent.

Joanna Katherine Delany, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

In this appeal from a petition for post conviction relief (PCR), Joshua Reed asserts the PCR court erred in finding his trial counsel was not ineffective for failing to object or move for a mistrial or severance when Reed's co-defendant injected facts not in evidence during his closing statement.

 10:40 a.m. (Time Limits: 10-10-5)  
2019-001278    Nathenia J. Rossington, Appellant, v. Julio A. Rossington, Respondent.

Deborah Kay Lewis, of Charleston, for Appellant. Brett Lamb Stevens, of Stevens Law, LLC, of Columbia, for Respondent.

 11:20 a.m. (Time Limits: 20-20-7)  
2018-001480    Jane Doe, Appellant, v. Oconee Memorial Hospital, Greenville Health System, Respondents.

Courtney Celeste Atkinson and Hannah Rogers Metcalfe, both of Metcalfe & Atkinson, LLC, of Greenville, for Appellant. Kenneth Norman Shaw, of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondents.

In this civil action arising from Jane Doe's visit to Oconee Memorial Hospital seeking a sexual assault forensic examination, Doe appeals the circuit court's order dismissing her claims for negligence and intentional infliction of emotional distress against Oconee Memorial Hospital and Greenville Health System pursuant to Rule 12(b)(6), SCRCP.

 11:20 a.m. (Time Limits: 20-20-7)  
2019-002009    Jane Doe, Appellant, v. Oconee Memorial Hospital; Greenville Health System; Upstate Affiliate Organization; Kevin Docyk, MD; Mary Beth Hendricks, Respondents.

Courtney Celeste Atkinson and Hannah Rogers Metcalfe, both of Metcalfe & Atkinson, LLC, of Greenville, for Appellant. Kenneth Norman Shaw, of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondents.

In this civil action arising from Jane Doe's visit to Oconee Memorial Hospital seeking a sexual assault forensic examination, Doe appeals the circuit court's order granting summary judgment in favor of the respondents. On appeal, Doe argues she was not given a full and fair opportunity to complete discovery and the circuit court erred by finding her claims were time-barred.

 11:20 a.m. (Time Limits: 20-20-7)  
2019-002011    Jane Doe, Appellant, v. Oconee Memorial Hospital; Greenville Health System; Upstate Affiliate Organization; Kevin Docyk, MD; Mary Beth Hendricks, Respondents.

Courtney Celeste Atkinson and Hannah Rogers Metcalfe, both of Metcalfe & Atkinson, LLC, of Greenville, for Appellant. Kenneth Norman Shaw, of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondents.

In this civil action arising from Jane Doe's visit to Oconee Memorial Hospital seeking a sexual assault forensic examination, Doe appeals the circuit court's order granting the respondents' motion to dismiss, arguing the circuit court erred by finding her claims were barred by the statute of limitations.

Thursday, October 14, 2021
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-001623    Elena V. Glinyanay f/k/a Elena V. Tobias, Respondent, v. William A. Tobias, Appellant.

Melinda Inman Butler, of The Butler Law Firm, of Union, for Appellant. Kenneth Philip Shabel, of Kennedy & Brannon, P.A.; and Rachel Ilene Brough, of Cate & Brough, P.A., both of Spartanburg, for Respondent.

 10:40 a.m. (Time Limits: 10-10-5)  
2019-000030    Shawonder Scott, Appellant, v. Curtis McAlister, Acquana McAlister, Norma L. Cyrus, Tax Collector for Williamsburg County, the County of Williamsburg, an Unincorporated Subdivision of the State of South Carolina, Hartwell Pendergrass, Sr., and Hattie S. Pendergrass, Defendants, Of whom Norma L. Cyrus, Tax Collector for Williamsburg County and the County of Williamsburg, an Unincorporated Subdivision of the State of South Carolina, are the Respondents.

Dwight Christopher Moore, of Moore Law Firm, LLC, of Sumter, for Appellant. William E. Jenkinson, III, of Jenkinson, Kellahan, Thompson & Reynolds, PA, and William Evan Reynolds, both of Kingstree, for Respondents.

Shawonder Scott appeals the trial court's grant of summary judgment in favor of Norma L. Cyrus in her capacity as Tax Collector for Williamsburg County and Williamsburg County (collectively, Respondents). Scott contends that Respondents violated section 12-51-40 of the South Carolina Code by not providing her with notice of delinquent taxes, the sale of the property, or an opportunity to redeem the property she claims she was renting to own. Scott asserts the trial court erred by determining Respondents did not owe Scott any duty because she was not the defaulting taxpayer of record, the owner of record, or the grantee of record.

 11:20 a.m. (Time Limits: 10-10-5)  
2018-001769    The State, Respondent, v. Olandio R. Workman, Appellant.

Olandio Workman appeals his conviction for criminal domestic violence of a high and aggravated nature (CDVHAN), arguing the trial court abused its discretion in refusing to instruct the jury on the definition of second-degree criminal domestic violence (CDV) and moderate bodily injury as part of its first-degree CDV jury instruction.

 12:00 p.m. (Time Limits: 10-10-5)  
2019-000047    TD Bank, N.A., Successor by merger to Carolina First Bank, Respondent, v. Wilbert Roller, Jr., Betty V. Roller, and James Williams, Defendants, Of Whom Wilbert Roller, Jr. and Betty V. Roller are the Appellants.

Thomas R. Goldstein, of Belk Cobb Infinger & Goldstein, PA, of Charleston, for Appellants. Matthew Tillman, of Womble Bond Dickinson (US) LLP, of Charleston, for Respondent.

Wilbert Roller, Jr. and Betty V. Roller appeal the master-in-equity's foreclosure on their 22-acre property arguing (1) the master-in-equity lacked jurisdiction; (2) the master-in-equity erred in denying their motion for involuntary nonsuit; (3) the disparity between the sales price of the property and the property's true value was so large that the transaction was inequitable; and (4) the master-in-equity erred in denying their motion requiring the lender to produce an appraisal of the property they had performed.

Tuesday, October 12, 2021
Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2018-002163    The State, Respondent, v. Victoria Lorraine Sanchez, Appellant.

Adam Sinclair Ruffin, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

Victoria Lorraine Sanchez appeals her convictions for trafficking more than twenty-eight grams of heroin and unlawful conduct towards a child, arguing the trial court erred in (1) denying her motion to suppress the drugs found in her vehicle, (2) denying her motion for directed verdicts, and (3) refusing to charge the circumstantial evidence jury charge she requested.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2018-002223    H. Hughes Andrews, Respondent, v. Quentin S. Broom, Jr., Appellant.

Matthew Terry Richardson and James Edward Cox, Jr., both of Wyche Law Firm, of Columbia; and Whitney Boykin Harrison, of McGowan Hood & Felder, LLC, of Columbia, all for Appellant. Rodney F. Pillsbury, of Pillsbury Law Firm, LLC, of Greenville, for Respondent.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2019-000850    Dustin G. Powell, Respondent, v. Stacie N. Powell n/k/a Stacie N. Lovett, Appellant.

Mary Amanda Harrelson Shuler, of Whetstone Perkins & Fulda, LLC, of Kingstree, for Appellant. Marian Dawn Nettles, of Nettles Turbeville & Reddeck, of Lake City, and Everett Guy Ballenger, of Barth, Ballenger & Lewis, LLP, of Florence, both for Respondent.

In this change of custody action, Appellant Stacie N. Powell n/k/a Stacie N. Lovett (Mother) seeks review of the family court's order awarding Respondent Dustin G. Powell (Father) custody of their two minor children. Mother argues that the family court erred by finding a substantial change in circumstances affecting the children's welfare because there was no negative change in the children's performance in school and Father did not increase the time he spent with the children despite a change in his work schedule allowing him more flexibility. Mother also argues that the family court erred by concluding that a change in custody was in the children's best interests because the court's findings were not supported by the evidence and the court gave undue weight to the report of the guardian ad litem.

 
Cases to be Submitted Without Oral Argument
2019-000892    The State, Respondent, v. Heirberone Heava Foster, Appellant.

2019-000472    The State, Respondent, v. Roger D. Grate, Appellant.

2019-000656    The State, Respondent, v. Antonio Deaunte Simpkins, Appellant.

2019-000359    David Miller, Appellant, v. ENT & Face PA, and Brian Wilson, MD, Respondents.

2019-000736    William Hunter Youmans, Appellant, v. Mark B. Tinsley and Diane E. Tinsley, Respondents.

2019-000069    Nathaniel Mitchell, Petitioner, v. State of South Carolina, Respondent.

2018-001084    DaQwan Johnson, Petitioner, v. State of South Carolina, Respondent.

2018-001617    Desmond J. Sams, Petitioner, v. State of South Carolina, Respondent.

2018-002089    The State, Respondent, v. Ivan Lamar Tyrell Harris, Appellant.

2018-001540    Leslie Todd Parvin, Respondent, v. State of South Carolina, Petitioner.

2019-001611    The State, Respondent, v. Darrin Anthony Houser, Appellant.

2019-000957    The State, Respondent, v. Louis Neal Reville, Appellant.

2020-000777    The State, Respondent, v. Anthony Houlk Craven, Appellant.

2019-000141    Robin Gray Reese, Petitioner, v. State of South Carolina, Respondent.

2019-000825    The State, Respondent, v. Yolanda Shatten, Appellant.

2020-000979    The State, Respondent, v. Yashawnus Patterson, Appellant.

2018-001770    The State, Respondent, v. Joseph Leonard Brown, Appellant.

2019-001589    The State, Respondent, v. Michael Anthony Breyan, Appellant.

2019-000696    David Edward Martin, Appellant, v. Roxanne Allen, Respondent.

2018-001157    Manuel Antonio Marin, Petitioner, v. State of South Carolina, Respondent.

2020-000239    The State, Respondent, v. Mark Jeffrey Dorko, Appellant.

2019-000902    The State, Respondent, v. Johnny Tyler Padgett, Appellant.

2019-000976    The State, Respondent, v. Edward Lee Joseph Washington, Appellant.

2019-001033    Cortez M. Jiles, Respondent, v. South Carolina Department of Employment and Workforce and House of Raeford Farms, Inc., Of Which South Carolina Department of Employment and Workforce is the Appellant.

2019-001052    The State, Respondent, v. Kelvin Gantt, Appellant.

2019-001341    Tarrance L. Jordan, petitioner, v. State of South Carolina, Respondent.

2019-000361    Laura Toney, Appellant, v. United States of America, United States Department of Agriculture, Farmers Home Administration, Respondents.

2019-001303    The State, Respondent, v. Tyreek Dashawn Hayes, Appellant.

2018-001931    Darnell Keri Slaton, Petitioner, v. State of South Carolina, Respondent.

2018-001629    Sammie Lee Gerrick, Petitioner, v. State of South Carolina, Respondent.

2019-000313    The State, Respondent, v. Jody Ray Thompson, Appellant.

2019-001023    The State, Respondent, v. Candace Marie Sinicrope, Appellant

2019-001253    The State, Respondent, v. Byron Labron Rivers, Appellant.

2018-000825    The State, Respondent, v. Matthew Jamie Bryant, Appellant.

2019-001481    The State, Respondent, v. Jeffery James Williams, Appellant.

2019-001115    Travis Sentell Williams, Petitioner, v. State of South Carolina, Respondent.

2018-000928    Edrick Perego, Petitioner, v. State of South Carolina, Respondent.

2018-001531    Antwon M. Baker, Jr., Petitioner, v. State of South Carolina, Respondent.

2019-000689    The State, Respondent, v. Brian David Walls, Appellant.

2020-000408    The State, Respondent, v. Christopher Carl Saunders, Appellant.

2019-001002    The State, Respondent, v. Jerome Keith West, Appellant.

2018-001994    Edward Maurice Dunn, Jr., Petitioner, v. State of South Carolina, Respondent.

2018-000739    Moses Frasier, Petitioner, v. State of South Carolina, Respondent.

2019-000540    The State, Respondent, v. Robert W McCaffery, Jr., Appellant.

2019-001982    The State, Respondent, v. Worth Glover Myers, Appellant.