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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, February 5, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001152    The State, Respondent, v. Julius Rooks-McBean, Appellant.

Kathrine Haggard Hudgins for Appellant Julius Rooks-McBean. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General John Benjamin Aplin, and Solicitor Isaac McDuffie Stone, III for the State.

Julius Rooks-McBean appeals his convictions of attempted armed robbery, assault and battery with intent to kill, and possession of a weapon during the commission of a violent crime. Rooks-McBean argues the trial court erred in allowing the testimony of two witnesses who identified him as the "New York guy."

 10:40 a.m. (Time Limits: 10-10-5)  
2016-001691    iStar Tara, LLC, Respondent, v. Stevens Aviation, Inc., Greenville County, South Carolina, and City of Greenville, South Carolina, Defendants, Of whom Stevens Aviation, Inc. is the Appellant.

Julio E. Mendoza, Jr., Suzanne G. Grigg, Kirsten Elena Small, and Kyle Aaron Brannon, all of Nexsen Pruet, LLC, for Appellant Stevens Aviation, Inc. Rivers Samuel Stilwell and A. Mattison Bogan, both of Nelson Mullins Riley & Scarborough, LLP, and Rebecca Kinlein Lindahl, Richard L. Farley, and Lindsey L. Smith of Katten Muchin Rosenman, LLP, all for Respondent iStar Tara, LLC.

In this action to foreclose on a leasehold mortgage at the Donaldson Center Air Industrial Park in Greenville County, Stevens Aviation argues the circuit court erred in dismissing its counterclaims against iStar Tara for breach of contract, negligent misrepresentation, and promissory estoppel.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-001004    The State, Appellant/Respondent, v. Edward Lee Dean, Respondent/Appellant.

Attorney General Alan McCrory Wilson, Assistant Deputy Attorney General David A. Spencer, and Solicitor David Matthew Stumbo, for Appellant the State. E. Charles Grose, Jr. of Grose Law Firm for Respondent Edward Lee Dean.

The State appeals a trial court order granting a new trial for Edward Lee Dean (Respondent). The State argues the trial court erred in granting a new trial because Respondent's rights were not violated and the trial court did not find a discovery violation. In a cross-appeal, Respondent argues the trial court erred by: (1) not quashing indictments because the jury presentment process in Greenwood County violates the state constitution, statutory law, and equal protection; (2) not quashing an indictment for first degree burglary in violation of Article 1, Sections 11 and 14 of the South Carolina Constitution; (3) admitting testimony about ammunition and gun holsters when the evidence was not relevant, or, if relevant, the prejudicial effect substantially outweighed its probative value; (4) not charging the jurors that an informant's testimony must be weighed with greater care than the testimony of an ordinary witness and to determine whether the informant's testimony was affected by interest or prejudice against the defendant; and (5) considering Respondent's exercising of his right to a jury trial when imposing sentence.

 12:00 p.m. (Time Limits: 10-10-5)  
2016-001491    April Gilbert Klein, Appellant, v. Mark Anthony Barrett, Respondent.

Gwendolynn Wamble Barrett of Barret Mackenzie, LLC, for Appellant April Gilbert Klein. Jonathan P. Whitehead of The Law Offices of Jonathan P. Whitehead, LLC, for Respondent Mark Anthony Barrett.

In this appeal from an order of the family court, April Gilbert Klein (Wife) argues the family court erred in (1) setting joint custody of the children, (2) ordering Wife to pay Mark Anthony Barrett's (Husband's) attorney's fees and costs, (3) ordering Wife to pay two-thirds of the guardian ad litem's fees and costs, and (4) ordering Wife to pay Husband child support.

Tuesday, February 12, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-000844    The State, Respondent. v. Rickey Santoine Henley, Appellant.

Susan Barber Hackett for Appellant Rickey Santoine Henley. Attorney General Alan McCrory Wilson, Assistant Attorney General Vann Henry Gunter, Jr., and Solicitor David Matthew Stumbo for Respondent the State.

Rickey Santoine Henley appeals his first degree burglary conviction arguing the circuit court erred by (1) refusing to quash the indictment based on Double Jeopardy because the court failed to apply the proper test under Yeager and where Henley's prior larceny acquittal necessarily decided that he was not the laptop thief, which was the sole item missing after the burglary; (2) excluding evidence of Henley's larceny acquittal when the State maintained its theory that the burglar's intention was to steal; (3) limiting the admission of Jolene Gray's testimony from the prior trial when Gray was unavailable to Henley and her testimony provided evidence that law enforcement had an opportunity to obtain a cigarette smoked by Henley from outside of his home; and (4) admitting evidence of DNA testing conducted on a cigarette butt purportedly found at the crime scene where the State's negligence in the destruction of the evidence constituted bad faith and where the State could not present a complete a chain of custody for the cigarette, which was unavailable for comparison to the crime scene photograph at trial.

 10:40 a.m. (Time Limits: 10-10-5)  
2015-000434    Gunjit Rick Singh, Respondent, v. Simran P. Singh, Appellant.

O. Grady Query, Michael W. Sautter, and Elizabeth Brooke Hurt, of Query Sautter & Associates, LLC, for Appellant Gunjit Rick Singh. Robert N. Rosen of Rosen Law Firm, LLC, C. Vance Stricklin, Jr. of MOORE TAYLOR LAW FIRM, P.A., and Katherine Carruth Goode, all for Respondent Simran P. Singh.

Simran P. Singh appeals numerous family court orders approving agreements to arbitrate issues involving children on the basis that arbitration violates the constitutional rights of the children in addition to contradicting state law and court rules.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-000774    Win Myat, Appellant, v. Tuomey Regional Medical Center, Respondent.

William R. Padget and Francis M. Hinson, IV, of Finkel Law Firm LLC, for Appellant Win Myat. David Cornwell Holler of Lee, Erter, Wilson, Holler & Smith, LLC, for Respondent Tuomey Regional Medical Center.

In this premises liability action resulting from injuries suffered by Dr. Win Myat while working at Tuomey Healthcare System (Hospital) in Sumter, South Carolina, Myat appeals, arguing the trial court erred in (1) permitting Hospital to amend its answer to assert a new affirmative defense on the first day of the scheduled date certain for trial; (2) allowing Hospital to reopen its case and offer new evidence in support of its charitable affirmative defense after it had rested and after Myat had moved for a directed verdict on the charitable defense; and (3) concluding Hospital was qualified to receive the protections of the Solicitation of Charitable Funds Act.

Wednesday, February 13, 2019
Court Room I
 10:40 a.m. (Time Limits: 10-10-5)  
2016-001986    Shon Turner, as Personal Representative of the Estate of Charles Mikell, deceased, Appellant, v. Medical University of South Carolina, Respondent.

Robert B. Ransom, of Leventis & Ransom, and Alex Nicholas Apostolou, of Alex N. Apostolou, LLC, for Appellant Shon Turner. M. Dawes Cooke, Jr., and John William Fletcher, of Barnwell Whaley Patterson & Helms, LLC, for Respondent The Medical University of South Carolina.

In this medical malpractice case, Shon Turner, as Personal Representative of the Estate of Charles Mikell, deceased, appeals the circuit court's findings arguing the court erred in (1) granting the Medical University of South Carolina's (MUSC) motion for partial summary judgment on Turner's claim for physician negligence; (2) finding there was no jury issue presented so that MUSC was entitled to judgment as a matter of law on Turner's claim for physician negligence; (3) ruling that Turner's claim for negligent supervision was not a medical malpractice claim and that negligent supervision had not been pled; (4) failing to instruct the jury that Turner's claim for physician negligence had been removed from consideration; (5) permitting MUSC to present expert opinions from Dr. Michael Zile, MD; (6) refusing to strike Dr. Zile's opinion testimony; (7) allowing MUSC to place a large volume of medical records into evidence; and (8) allowing MUSC to put a blank copy of a Mayday form into evidence and allowing a witness to provide testimony about the content of the missing Mayday record.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-001829    Robert W. Gillmann Jr., Appellant/Respondent, v. Beth Dixon Gillmann, Respondent/Appellant.

Max Nathan Pickelsimer, of Payne, Black & Pickelsimer, LLC, for Appellant-Respondent Robert W. Gillmann. Nancy A. Lipski, of Nancy A. Lipski, LLC, for Respondent-Appellant Beth Dixon Gillmann.

In this appeal arising from an action for divorce, Robert W. Gillmann, Jr., (Husband) and Beth Dixon Gillmann (Wife) both appeal the family court's final order and amended final order. Wife additionally appeals the family court's order denying her motion to quash deposition subpoenas. On appeal, Husband argues the family court erred in (1) awarding Wife periodic alimony; (2) valuing the parties' property at 104 Cirrus Way; (3) apportioning the marital estate; and (4) requiring Husband to contribute to Wife's attorney's fees. Wife argues the family court erred in (1) finding the Barron plane to be non-marital property; (2) excluding Husband's proposed settlement agreement from evidence under Rule 408 of the South Carolina Rules of Evidence when she intended to use the agreement to show Husband's intent that the Barron plane was marital property; (3) allowing Husband to use a vocational expert to impute income or reasonably anticipated earnings to Wife; (4) applying the alimony factors, imputing income or reasonably anticipated earnings to Wife, and awarding her only $2,000 a month in alimony; (5) setting forth the alimony modification standard; (6) only awarding Wife $10,000 in attorney's fees; and (7) finding Husband more credible than Wife.

Wednesday, February 27, 2019
Court Room I
 10:30 a.m.
2018-000226    South Carolina Department of Social Services, Respondent, v. Elizabeth Sibrian-Pineda and Marcos Sibrian-Pineda, Defendants, Of whom Elizabeth Sibrian-Pineda is the Appellant. In the interest of minors under the age of eighteen.

William Cory Hughes of Law Office of W. Cory Hughes, LLC, of Greenville, for Appellant. Robert C. Rhoden, III, of Spartanburg, for Respondent. Jamia Diann Foster of Law Office of Jamia D. Foster LLC, of Spartanburg, for Guardian Ad Litem.

Tuesday, February 12, 2019
Court Room II
 10:40 a.m. (Time Limits: 10-10-5)  
2016-001708    Adele J. Pope, Appellant, v. Alan Wilson, in his capacity as Attorney General of South Carolina, Respondent.

Adam Tremaine Silvernail of Law Ofc. of Adam T. Silvernail for Appellant Adele J. Pope. Solicitor General Robert D. Cook and Deputy Solicitor General J. Emory Smith, Jr. for Respondent Alan Wilson.

In this action seeking relief under the Freedom of Information Act (FOIA), Appellant Adele Pope seeks review of the circuit court's order dismissing her complaint. Pope challenges the circuit court's conclusion that the documents sought by her were governed by the South Carolina Rules of Civil Procedure (SCRCP) because they were potentially discoverable in pending litigation between the same parties. Pope argues that her status as a defendant in pending litigation filed by the government does not affect her rights under FOIA. As additional sustaining grounds, Respondent Alan Wilson, in his capacity as Attorney General of South Carolina, argues that (1) the case is moot because he provided Pope with the only document responsive to her request and (2) the case was subject to dismissal under Rule 12(b)(8), SCRCP, because the pending litigation between the parties involved substantially the same claim.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2016-001727    Adele J. Pope, Appellant, v. Alan Wilson, in his capacity as Attorney General of South Carolina, and James Brown Legacy Trust, by Russell L. Bauknight, its Trustee, Respondents.

Adam Tremaine Silvernail, of Law Ofc. of Adam T. Silvernail, for Appellant Adele Jeffords Pope. Keith M. Babcock, Ariail Elizabeth King, and David Lee Paavola, of Lewis Babcock L.L.P., for Respondent James Brown Legacy Trust, by Russell Bauknight, Trustee. Solicitor General Robert D. Cook and Deputy Solicitor General J. Emory Smith, Jr., for Respondent Alan McCrory Wilson.

In this action seeking relief under the Freedom of Information Act (FOIA), Appellant Adele Pope seeks review of the circuit court's order dismissing her complaint. Pope argues the circuit court erred by concluding that (1) Respondent James Brown Legacy Trust did not fall within FOIA's definition of "public body" and (2) the documents sought by her were governed by the South Carolina Rules of Civil Procedure (SCRCP) because they were potentially discoverable in pending litigation between the same parties. As additional sustaining grounds, Respondent Alan Wilson, in his capacity as Attorney General of South Carolina, argues that (1) the case is moot because he provided Pope with the only document responsive to her request and (2) the case was subject to dismissal under Rule 12(b)(8), SCRCP, because pending litigation between the parties involved substantially the same claim.

 
Cases to be Submitted Without Oral Argument
2017-000535    Jarrod A. R. Villareal, Respondent, v. Maria M. M. Caspillan, Appellant.

2016-001415    RaShawn S. Murphy, Petitioner, v. State of South Carolina, Respondent.

2017-001704    The State, Respondent, v. Devar Tremaine Ravenell, Appellant.

2017-002198    Antonio Patterson, Petitioner, v. State of South Carolina, Respondent.

2016-001564    Uuno Mattias Baum, #272249, Appellant, v. South Carolina Department of Corrections, Respondent.

2017-002239    Victor Anthony Jones, Petitioner, v. State of South Carolina, Respondent.

2017-001969    David Dover, Petitioner, v. State of South Carolina, Respondent.

2017-001487    Dontavious Jackson, Petitioner, v. State of South Carolina, Respondent.

2018-000409    Devoun Bennett, Petitioner, v. State of South Carolina, Respondent.

2017-000120    Annalee Walsh, Respondent, v. Boat-N-RV Megastore and Ridgeland Recreational Vehicles, Inc., Defendants, Of which Ridgeland Recreational Vehicles, Inc., d/b/a Boat-N-RV Megastore is the Appellant.

2016-002253    Gregory Velez, Petitioner, v. State of South Carolina, Respondent.

2017-001570    John Willie Mack, Sr., Petitioner, v. State of South Carolina, Respondent.

2015-002663    The State, Respondent, v. Valentino M. Hayward, Appellant.

2017-001412    Ontaney Ventrell Jackson, Petitioner, v. State of South Carolina, Respondent.

2018-000069    Ashley E. Moore, Petitioner, v. State of South Carolina, Respondent.

2017-000183    Erika Y. Mizell, Appellant, v. Benny G. Utley, Respondent.

2017-000232    Jimmy D. Meggs, Jr. #277400, Appellant, v. South Carolina Department of Corrections, Respondent.

2017-000785    The State, Respondent, v. Michael Anthony Bodison, Appellant.

2017-001330    Kenji C. Kilgore, Appellant, v. Estate of Samuel Joe Dixon, Samuel E. Dixon, and Fredda L. Dixon, Respondents.

2017-000816    Jeron Alondo Cook, Petitioner, v. State of South Carolina, Respondent.

2017-001682    J'Corey Suave Hull-Kilgore, Petitioner, v. State of South Carolina, Respondent.

2016-002126    The State, Respondent, v. Jimmy Edward Duncan, Appellant.

2017-000098    The State, Respondent, v. Wiley Eugene Sisk, Appellant.