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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.

Wednesday, September 9, 2020
Webex
 10:00 a.m. (Time Limits: 15-15-5)  
2017-002532   Bryan Okeith Seabrook, Appellant, v. Town of Mount Pleasant and Rae Wooten, in her Official Capacity as Coroner of Charleston County, Defendants, Of which Town of Mount Pleasant is the Respondent.

Mark Andrew Peper, Sr., of The Peper Law Firm, P.A., of Charleston, for Appellant. Daniel Paul Ranaldo, of Clawson & Staubes, LLC, and Timothy Alan Domin, both of Charleston, for Respondent.

Bryan Okeith Seabrook appeals the summary judgment entered in the Town of Mount Pleasant's favor on his claims for false arrest, negligence/gross negligence, and malicious prosecution. He argues the circuit court erred in ruling that the statute of limitations expired prior to his suit, that the Tort Claims Act barred the suit, and that officers had probable cause as a matter of law for seeking a warrant and arresting him.

 
 10:40 a.m. (Time Limits: 10-10-5-5)  
2017-002429   Desa Ballard, Appellant/Respondent, v. Newberry County, Respondent/Appellant.

Desa Ballard, of West Columbia, pro se for Appellant-Respondent. Boyd Benjamin Nicholson, Jr., and Sarah Patrick Spruill, both of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent-Appellant Newberry County.

This is a cross-appeal from a circuit court order finding Newberry County violated the Freedom of Information Act. Desa Ballard appeals the circuit court's rulings that certain statutes outside FOIA do not give rise to a private right of action for a public body's failure to retain public records. She also argues the circuit court erred in awarding part of her attorneys' fees and costs rather than all of those fees and costs. Newberry County appeals the circuit court's ruling that it violated FOIA by failing to produce public records that had been inadvertently destroyed.

 
Thursday, September 10, 2020
Webex
 10:00 a.m. (Time Limits: 10-10-5)  
2018-000102   Chelsea Abdelgheny f/k/a Chelsea Jackson, Appellant, v. Gerald L. Moody, Respondent.

Thomas Frank Dougall, of Dougall & Collins, of Elgin; Chad McQueen Graham, of The Ward Law Firm, PA, of Spartanburg; and Langdon Cheves, III, of Turner Padget Graham & Laney, PA, of Greenville, all for Respondent. Raymond Talmage Wooten, of Smith, Jordan and Lavery, P.A., of Easley, for Appellant.

In this negligence case, Appellant was crossing a highway on foot at night and not within a crosswalk when she was struck by Respondent's truck. The circuit court granted summary judgment to Respondent, finding Appellant's own negligence contributed over fifty percent to the cause of the accident as a matter of law. Appellant contends this was error, arguing the issue of her comparative negligence was susceptible to more than one inference and was therefore a question for the jury.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2017-002204   The State, Respondent, v. Phillip Wesley Walker, Appellant.

E. Charles Grose, Jr., of Grose Law Firm, of Greenwood, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent. David Rhys Wagner, Jr., of Anderson, for Respondent.

 
 11:20 a.m. (Time Limits: 15-15-5)  
2017-002539   The State, Respondent, v. John Michael Hughes, Appellant.

Andrew Sims Radeker, of Harrison, Radeker & Smith, P.A., and Chief Appellate Defender Robert Michael Dudek, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Assistant Attorney General Caroline M. Scrantom, of Columbia, for Respondent.

John Michael Hughes appeals his convictions for murder, possessing a weapon during a violent crime, and conspiracy. He claims the trial court erred in allowing a police officer to testify about a field test used to tentatively identify blood, in refusing to suppress cell phone data based on alleged defects in the search warrant, and in allowing the jury to hear a 9-1-1 call reporting the shooting. He also claims the trial court should have directed a verdict in his favor on the conspiracy charge, that the court erred in refusing to charge the jury on a statutory presumption of reasonable fear of great bodily injury, and that he is entitled to a new hearing for his claim of immunity under the Protection of Persons and Property Act.

 
Monday, September 14, 2020
Webex
 10:00 a.m. (Time Limits: 10-10-5)  
2017-001518   James Smith Harrison, Jr., Employee, Appellant, v. SC Wind and Hail Underwriting Association, Employer, and Liberty Mutual Fire Insurance Company, Carrier, Respondents.

William L. Smith, II, of Chappell Smith & Arden, of Columbia, for Appellant. W. Strat Stavrou, Jr., of Willson Jones Carter & Baxley, P.A., of Columbia, and John Gabriel Coggiola, of Columbia, for Respondents.

In this workers' compensation case, James Smith Harrison, Jr. (Claimant) seeks review of the order of the Appellate Panel of the South Carolina Workers' Compensation Commission (Commission) denying his request for modification of his second home. Claimant argues the order is insufficient, and the Commission misconstrued Thompson v. S. C. Steel Erectors, 369 S.C. 606, 632 S.E.2d 874 (Ct. App. 2006).

 
 10:40 a.m. (Time Limits: 10-10-5)  
2018-000162   Meritage Asset Management, Inc. d/b/a Century Glass Company, Appellant, v. Freeland Construction Company, Inc and South Carolina Military Department, Defendants, Of which South Carolina Military Department is the Respondent.

Everett Augustus Kendall, II, of Murphy & Grantland, PA, and William Harley Yarborough, Jr., of Cavanaugh & Thickens, LLC, both of Columbia, for Appellant. Leon David Leggett, III, W. Jeffrey Young, and Harley Littleton Kirkland, all of Columbia, for Respondent.

Meritage Asset Management, Inc. (Meritage) appeals the trial court's order granting South Carolina Military Department (SCMD) summary judgment. On appeal, Meritage argues it was entitled to summary judgment because it was undisputed that SCMD failed to comply with the Subcontractors' and Suppliers' Payment Protection Act when it did not ensure that Freeland Construction Company, Inc., the general contractor, obtained a labor and material payment bond.

 
Tuesday, September 15, 2020
Webex
 10:00 a.m. (Time Limits: 10-10-5)  
2017-002014   The State, Respondent, v. Demontay Markeith Payne, Appellant.

Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, W. Jeffrey Young, and Assistant Attorney General William Joseph Maye, all of Columbia, for Respondent. James Strom Thurmond, Jr., of Aiken, for Respondent.

Demontay Payne appeals his murder conviction, asserting the trial court erred in (1) failing to instruct the jury on voluntary manslaughter and (2) refusing to charge his requested jury instruction that a defendant justified in firing the first shot in self-defense is justified in continuing to shoot until it is apparent the danger to his life and body has ceased.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2018-000378   Dewberry 334 Meeting Street, LLC, Respondent, v. City of Charleston and Board of Zoning Appeals-Zoning, Appellants.

Frances Isaac Cantwell and Daniel Simmons McQueeney, Jr., both of Charleston, for Appellants. John Phillips Linton, Jr., and George Trenholm Walker, both of Walker Gressette Freeman & Linton, LLC, of Charleston, for Respondent.

The City of Charleston (City) and Board of Zoning Appeals-Zoning (BZA) appeal the order of the trial court vacating the BZA's decision and declaring Dewberry 334 Meeting Street, LLC (Dewberry) has the legal right to the accessory uses on the eighth floor of its hotel as indicated on its floor plan.

 
 11:20 a.m. (Time Limits: 15-15-5)  
2017-001996   John Doe 2 and Jane Doe 4, John Doe 10, Jane Doe 11, John Doe 193, Father Doe 194, John Doe 194, John Doe 245 and Father Doe 245, and John Doe 297, Appellants, v. The Bishop of Charleston, A Corporation Sole; Robert Gugliemone, The Bishop of Charleston, in his official Capacity; Rev. Monsignor Martin Laughlin, former Administrator of the Diocese of Charleston, in his official Capacity; Robert J. Baker, former Bishop of Charleston, in his official capacity; Lawrence E. Richter, Jr.; David K. Haller; and Richter and Haller, LLC, Respondents.

Gregg E. Meyers, of Mt Pleasant, for Appellants. Richard S. Dukes, Jr., of Turner Padget Graham & Laney, PA, of Charleston, for Respondents Bishop of Charleston, a Corporation Sole, Robert Gugliemone, The Bishop of Charleston, in his official capacity, Rev. Monsignor Martin Laughlin, former Administrator of the Diocese of Charleston, in his official Capacity, Robert J. Baker, former Bishop of Charleston, in his official capacity, and The Bishop of Charleston, in his official Capacity. Benjamin C. Bruner and Chelsea Jaqueline Clark, both of Bruner Powell Wall & Mullins, LLC, of Columbia, for Respondents Lawrence E. Richter, Jr., and Richter and Haller, LLC. Susan Taylor Wall and Henry Wilkins Frampton, IV, both of Gordon & Rees LLP, of Charleston, for Respondent David K. Haller.

In this civil matter, appellants (Victims) argue the circuit court erred in granting summary judgment to respondents The Bishop of Charleston, a corporation sole, Robert Gugliemone, the Bishop of Charleston, in his official capacity, Reverend Monsignor Martin Laughlin, former administrator of the Diocese of Charleston, in his official capacity, and Robert J. Baker, former Bishop of Charleston, in his official capacity (collectively, the Diocese) and to respondents Lawrence E. Richter, Jr., David K. Haller, and Richter and Haller, LLC (collectively, Counsel).

 
Tuesday, September 22, 2020
Webex
 10:00 a.m. (Time Limits: 10-10-5)  
2018-000022   The State, Respondent, v. Adam Rowell, Appellant.

Billy J. Garrett, Jr., of The Garrett Law Firm, PC; Carson McCurry Henderson, of The Henderson Law Firm, PC; Jane Hawthorne Merrill, of Hawthorne Merrill Law; and Clarence Rauch Wise, all of Greenwood, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jonathan Scott Matthews, both of Columbia, for Respondent. David Matthew Stumbo, of Greenwood, for Respondent.

Adam Rowell appeals his conviction for felony driving under the influence resulting in death and thirteen years' imprisonment. Rowell argues the trial court abused its discretion in admitting blood samples (1) without the proper chain of custody, (2) after 50% of Rowell's blood volume was replaced, (3) after 150% of Rowell's blood volume was replaced, and (4) after the test results included near lethal levels of Benadryl. Rowell also asserts the trial court erred in failing to conduct an evidentiary hearing on a juror who failed to disclose he had pending charges during voir dire.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2018-000133   James Provins, Employee/Deceased, Debra Provins, Alleged Dependent, Claimants, Appellants, v. Spirit Construction Services, Inc., Employer, and Insurance Company of the State of PA, Carrier, Respondents.

Donald Loren Smith, of Attorney Office of Donald Smith, of Anderson, for Appellants. J. South Lewis, II, of Willson Jones Carter & Baxley, P.A., of Greenville, for Respondents.

In this workers' compensation appeal from the full commission, the appellant contends the commission erred in its findings and denial of death benefits. The matter involves claimant, Mr. Provins, now deceased, who sustained an injury to his shoulder in early 2012 while working with metal for his employer, Spirit Construction Company. The claimant passed away approximately two years later. The issues on appeal include assertions the commission erred in not finding the employer acted in bad faith in failing to authorize an MRI and surgery in a timely manner, in giving greater weight to one physician's opinion over other providers, in failing to find the claimant had a permanent impairment prior to his death, and in denying death benefits. The respondent employer and carrier argue the commission correctly made findings in accordance with the evidence, and that the claimant's death was not causally related to the shoulder injury.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2017-002612   Fayetta Sherida Davenport, individually and on behalf of the Estate of James Davenport, Appellant, v. Town of Iva, S.C., Respondent.

James Mixon Griffin, of Griffin - Davis, of Columbia, for Appellant. Mary C. McCormac, of Mary C. McCormac Attorney At Law, LLC, of Clemson, for Respondent.

On appeal, Appellant Faye Davenport argues the circuit court erred in ruling as a matter of law that Respondent Town of Iva (the Town) did not owe a duty of due care resulting from the Town's affirmative decision to act to protect the safety of James and Faye Davenport (collectively, the Davenports). Specifically, Faye argues: (1) there is sufficient evidence from which a reasonable jury could conclude the Town voluntarily assumed a duty to protect the Davenports and failed to exercise reasonable care and as a result of their reliance upon Officer Richey's instructions, the Davenports were injured; (2) there were special circumstances giving rise to a duty of care owed by the Town to the Davenports; and (3) there was evidence from which a jury could find the Town's employees negligent and grossly negligent.

 
Wednesday, September 23, 2020
Webex
 10:00 a.m. (Time Limits: 10-10-5)  
2018-000359   Vickie Rummage, Employee, Appellant, v. BGF Industries, Employer, and Great American Alliance Insurance Co., Carrier, Respondents.

Andrew Nathan Safran, of Andrew N. Safran, LLC, of Columbia, for Appellant. Michael Allen Farry and Jeremy R. Summerlin, both of Horton Law Firm, P.A., of Greenville, for Respondents.

Vickie Rummage appeals the order of the Worker's Compensation Commission denying her claim for aggravation of an existing psychological condition. Rummage maintains the Panel erred in discounting medical evidence supporting her claim based on issues with the facts and methodology underpinning some of the evidence presented and Rummage's credibility.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2017-002360   The State, Respondent, v. Michael James Dinkins, Appellant.

Steven Smith McKenzie, of Coffey & McKenzie, PA, of Manning, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent. Ernest Adolphus Finney, III, of Sumter, for Respondent.

Michael James Dinkins appeals his convictions for assault and battery and criminal sexual conduct (CSC) with a minor in the third degree, arguing the circuit court erred in: (1) failing to direct a verdict in his favor on one count of third degree CSC when the State failed to produce evidence of intent as required by section 16-3-655 of the South Carolina Code; (2) charging the jury that assault and battery is a lesser included offense of third degree CSC when the circuit court lacked subject matter jurisdiction to issue the charge; and (3) admitting evidence of prior bad acts.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2017-001311   N. Bobby Knight and Construction Group, LLC, Appellants, v. South Carolina Department of Labor, Licensing, and Regulation, South Carolina Contractor's Board, Respondent.

William Koatesworth Swope, of The Swope Law Firm, PA, of Charleston, for Appellants. Timothy Kyle Tennis, of Columbia, for Respondent.

N. Bobby Knight appeals the order of the administrative law court (ALC) dismissing his appeal of the decision of the South Carolina Department of Labor, Licensing, and Regulation, South Carolina Contractor's Licensing Board (the Department). Knight argues the ALC erred by dismissing his appeal because the Department failed to properly serve him with notice of the hearings below.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2018-000511   Town of Sullivan's Island, Respondent, v. Michael Murray, Appellant.

Mary Duncan Shahid, of Nexsen Pruet, LLC, and Stephen Peterson Groves, Sr., of Butler Snow, LLP, both of Charleston, for Appellant. John Joseph Dodds, III, of The Law Firm of Cisa & Dodds, LLP, of Mt. Pleasant, and John Phillips Linton, Jr. and George Trenholm Walker, both of Walker Gressette Freeman & Linton, LLC, of Charleston, for Respondent.

Michael Murray appeals his municipal court conviction for violating Town of Sullivan's Island (TOSI) ordinances related to the construction of a dock. He argues (1) the circuit court erred by applying TOSI's municipal code, (2) TOSI's interpretation of its enforcement authority violated the rule of fair warning, (3) TOSI criminalized conduct otherwise legal in South Carolina, and (4) TOSI's actions were arbitrary and capricious.

 
Cases to be Submitted Without Oral Argument
2017-001413    LaDorrean C. Collington, Petitioner, v. State of South Carolina, Respondent.

2017-002134    Rondell Leon Carter, Petitioner, v. State of South Carolina, Respondent.

2018-001011    William Douglas Zeigler, Petitioner, v. State of South Carolina, Respondent.

2017-002100    Timmy J. Rogers, Petitioner, v. State of South Carolina, Respondent.

2018-001066    Travis Kenard Walters, Petitioner, v. State of South Carolina, Respondent.

2018-001836    Donovan Deshawn Williford, Petitioner, v. State of South Carolina, Respondent.

2018-000090    Radu Renciu, Petitioner, v. State of South Carolina, Respondent.

2017-002238    William Andrew Lee, Petitioner, v. State of South Carolina, Respondent.

2017-001689    Prentiss Wayne Love, Petitioner, v. State of South Carolina, Respondent.

2018-000738    Johnny Brown, Petitioner, v. State of South Carolina, Respondent.

2018-001116    Jamal Hakeem, Petitioner, v. State of South Carolina, Respondent.

2018-000600    James Allen Johnson, Petitioner, v. State of South Carolina, Respondent.

2017-002544    Eric Ancrum, Petitioner, v. State of South Carolina, Respondent.

2018-000713    Kenyon J. Brown, Petitioner, v. State of South Carolina, Respondent.

2018-000091    Dwayne Lee Rudd, Petitioner, v. State of South Carolina, Respondent.

2018-000329    Darryl Drayton, Petitioner, v. State of South Carolina, Respondent.

2018-000524    Kristy Merritt Rich, Petitioner, v. State of South Carolina, Respondent.

2018-001586    Benjamin L. Smalls, Petitioner, v. State of South Carolina, Respondent.

2018-000328    Ricardo Gomez Hernandez, Petitioner, v. State of South Carolina, Respondent.

2017-001839    Eddie Blash, Jr., Petitioner, v. State of South Carolina, Respondent.

2018-000876    Dale Gould, Respondent, v. State of South Carolina, Petitioner.

2017-002099    Deshawn L. Powell, Petitioner, v. State of South Carolina, Respondent.

2018-001780    Wade Rouse, Petitioner, v. State of South Carolina, Respondent.

2017-002353    Dameion Jermiah Rivers, Petitioner, v. State of South Carolina, Respondent.

2017-002269    Deonte Brown, Petitioner, v. State of South Carolina, Respondent.

2017-001437    Robert Matthew Fulmer, Petitioner, v. State of South Carolina, Respondent.

2018-000196    Jamaad Dreqwan Thomas, Petitioner, v. State of South Carolina, Respondent.

2018-000439    Gerald Edwards, Petitioner, v. State of South Carolina, Respondent.

2018-000095    Jerome J. Noone, Jr., Petitioner, v. State of South Carolina, Respondent.

2018-000995    Tavish Dominique Yeargin, Petitioner, v. State of South Carolina, Respondent.

2018-001338    Vanessa L. Frayer, Petitioner, v. State of South Carolina, Respondent.

2018-000963    Dominique J. Shumate, Petitioner, v. State of South Carolina, Respondent.

2017-002115    Kelvin Jackson, Sr., Petitioner, v. State of South Carolina, Respondent.

2017-000557    The State, Respondent, v. Willie Young, Appellant.

2018-000964    Michael A. Richardson, Petitioner, v. State of South Carolina, Respondent.

2018-000157    Francis Victor Larmand, Jr. , Petitioner, v. State of South Carolina, Respondent.

2018-000629    Timothy Johnson, Petitioner, v. State of South Carolina, Respondent.

2018-001818    Richard Lee Boatwright, Petitioner, v. State of South Carolina, Respondent.

2017-002102    Jermaine Mayweathers, Petitioner, v. State of South Carolina, Respondent.

2018-000214    Hector Cases-Carreras, Petitioner, v. State of South Carolina, Respondent.

2018-001117    William Bolt, Petitioner, v. State of South Carolina, Respondent.

2017-001739    Michael A. Livingston, Petitioner, v. State of South Carolina, Respondent.

2018-000492    Joseph D. Hilton, Petitioner, v. State of South Carolina, Respondent.

2018-001050    Daniel J. Jenkins, Petitioner, v. State of South Carolina, Respondent.

2017-001777    Alonzo Columbus Jeter, III, Petitioner, v. State of South Carolina, Respondent.

2017-002002    Rashaun Jamine Sobers, Petitioner, v. State of South Carolina, Respondent.

2018-000557    Brandon Greene, Petitioner, v. State of South Carolina, Respondent.

2018-001430    Billy L. Alford, Petitioner, v. State of South Carolina, Respondent.

2017-002603    The State, Respondent, v. Wayne Hankinson, Appellant.

2017-002529    Eric Wright, Petitioner, v. State of South Carolina, Respondent.

2017-002233    The State, Respondent, v. Tyrone Lorenza Robinson, Appellant.

2018-002208    Samuel Brown, Petitioner, v. State of South Carolina, Respondent.

2018-001579    Dan Demetri Ford, Petitioner, v. State of South Carolina, Respondent.

2018-001644    Ivan Williams, Petitioner, v. State of South Carolina, Respondent.