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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.

Monday, April 1, 2019
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-000686    The State, Respondent, v. Cory Nettles Allen, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Melody Jane Brown, and Assistant Attorney General Susannah Rawl Cole. all of Columbia, for Respondent. Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

Cory Nettles Allen appeals his murder conviction, arguing the trial court erred in refusing to redact a portion of a 911 call.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-002118    Lucille H. Ray, Appellant, v. City of Rock Hill, South Carolina, a Municipal Corporation, and South Carolina Department of Transportation, an agency of the State of South Carolina, Defendants, Of which City of Rock Hill is the Respondent.

Richard B. Fennell, of James McElroy & Diehl, of Charlotte, North Carolina, for Appellant. Charles S. Bradford, of Charles S. Bradford, P.A., of York, for Appellant. William Mark White and Jeremy Daniel Melville, both of Spencer & Spencer, PA, of Rock Hill, for Respondent.

In this action Lucille Ray asserts the circuit court erred in: (1) granting summary judgment in favor of the City of Rock Hill as to her claims for inverse condemnation and injunctive relief; (2) excluding witness testimony regarding abatability; and (3) granting a directed verdict in favor of the City as to her claim for trespass.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-002321    David B. Lemon, Claimant, Appellant, v. Mt. Pleasant Waterworks, Employer, and State Accident Fund, Carrier, Respondents.

Carl H. Jacobson, of Uricchio Howe Krell Jacobson Toporek Theos & Keith, PA, of Charleston, for Appellant. John Gabriel Coggiola, of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondents.

David Lemon (Claimant) appeals the order of the Appellate Panel of the South Carolina Workers' Compensation Commission (the Commission), arguing it erred by offsetting his award of permanent and total disability against awards he had received for previous, unrelated claims.

Tuesday, April 2, 2019
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-000142    The State, Respondent, v. Darrell Raines, Appellant.

Appellate Defender David Alexander, 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 Susannah Rawl Cole, all of Columbia, for Respondent. Solicitor David Matthew Stumbo, of Greenwood, for Respondent.

Darrell Erwin Raines, Jr. appeals his conviction of murder, arguing the trial court erred in admitting (1) an unredacted videotape of his interrogation during which investigators repeatedly called him a liar and (2) text messages in violation of the rule against the admission of hearsay.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-002323    Carolina Comfort Specialists, LLC, Respondent, v. Linda McGee Weddle and Derick Loyal Weddle, Appellants.

David Cochran Dick, Jr., of Law Office of David C. Dick, of Charleston, for Appellants. Frank M. Cisa of The Law Firm of Cisa & Dodds, LLP, of Mt. Pleasant, for Respondent.

In this appeal from an order of the circuit court, Linda and Derick Weddle (collectively, the Weddles) argue the circuit court erred in (1) failing to dismiss Carolina Comfort Specialists, LLC's (Carolina Comfort) claim for a mechanic's lien for failing to comply with the statutory requirements, (2) finding Linda Weddle was a party to the underlying contract, (3) retroactively qualifying Gene Pardee as an expert witness, and (4) finding the Weddles failed to properly plead a breach of contract allegation for failure to provide an extended warranty.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-002308    Palmetto Construction Group, LLC, Respondent, v. Restoration Specialists, LLC, Reuben Mark Ward, and Lynnette Pennington Ward, Appellants.

A. Bright Ariail, of Law Office of A. Bright Ariail, LLC, of Charleston, for Appellants. Andrew K. Epting, Jr., of Andrew K. Epting, Jr., LLC, of Charleston, for Respondent. Michelle Nicole Endemann of Clarkson, Walsh & Coulter, P.A., of Mt. Pleasant, for Respondent. Jaan G. Rannik, of Charleston, for Respondent.

Restoration Specialists, LLC and its owners, Ruben Mark Ward and Lynnette Pennington Ward, appeal a master-in-equity's order denying their motion for relief from an entry of default and motion to stay and compel arbitration.

Tuesday, April 9, 2019
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2016-002210    The State, Appellant, v. Jamie Lee Simpson, Respondent.

Attorney General Alan McCrory Wilson of Columbia SC for Appellant The State, Assistant Senior Attorney General William M. Blitch, Jr. of Columbia SC for Appellant The State, Appellate Defender Susan Barber Hackett of Columbia SC for Respondent Jamie Lee Simpson

The State appeals Jamie Lee Simpson's home detention sentence for the violent crime of second degree sexual exploitation of a minor, arguing the circuit court erred in interpreting section 24-13-1530 of the South Carolina Code when the plain language of the statute states it only applies to "low risk, nonviolent adult and juvenile offenders."

 11:20 a.m. (Time Limits: 10-10-5)  
2016-002329    Samuel James Tomlinson, Appellant, v. Jenna M. Melton, (f/k/a) Jenna M. Tomlinson, Respondent.

Kenneth M. Mathews, of Columbia, for Appellant. Katherine Carruth Goode, of Winnsboro, for Appellant. Harry C. Wilson, Jr. of Lee, Erter, Wilson, Holler & Smith, LLC, of Sumter, for Respondent.

Samuel Tomlinson appeals from a child custody order, arguing the family court erred in (1) ordering a week-to-week alternating custody arrangement, (2) failing to make a finding as to mother's child support arrearage and failing to offset, and (3) abusing its discretion in awarding mother child support and attorney's fees.

Wednesday, April 17, 2019
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-002423    James A. Ashford, Employee, Claimant, Respondent, v. Prysmian Power Cables & Systems, USA, Employer, and Sentry Insurance Company, Carrier, Appellants.

Nicolas Lee Haigler, of Robinson Gray Stepp & Laffitte, LLC, of Columbia, for Appellants. David Newton Truitt of Truitt Law Firm, LLC, of Columbia, for Respondent.

Prysmian Power Cables & Systems, USA and Sentry Insurance Company (collectively Prysmian) appeal a decision of the South Carolina Workers' Compensation Commission Appellate Panel (the Appellate Panel) declining to address injuries asserted in a Form 50 filed by the claimant, James A. Ashford, because they were not properly before the Appellate Panel. Prysmian argues the Appellate Panel's findings were in error and violate its due process rights.

 2:00 p.m. (Time Limits: 10-10-5)  
2017-000030    Keith Alan May, Respondent, v. Denise Marie May, Appellant.

Harold Alan Oberman, of Oberman & Oberman, of Charleston, for Appellant. Donald Bruce Clark, of Donald B. Clark, LLC, of Charleston, for Respondent. Mary Kathryn Schmutz, of Schmutz & Schmutz, of Charleston, for Respondent.

Denise May (Wife) appeals the family court's order granting Keith May's (Husband's) motion pursuant to Rule 60(b) of the South Carolina Rules of Civil Procedure. Wife argues the family court erred in finding a mistake existed in Husband's and Wife's court-approved divorce settlement agreement and in considering information relating to the mediation between the parties.

 2:40 p.m. (Time Limits: 10-10-5)  
2017-000052    Marion E. Crocker, Jr., Appellant, v. South Carolina Department of Health and Environmental Control, Respondent.

Gerald F. Smith of Smith Law Office, of Columbia, for Appellant. Adam Tremaine Silvernail of Law Office. of Adam T. Silvernail, of Columbia, for Appellant. Eugene Hamilton Matthews, of Richardson Plowden & Robinson, PA, of Columbia, for Respondent.

Marion E. Crocker, Jr. appeals a circuit court order granting summary judgment to the South Carolina Department of Health and Environmental Control on his discrimination claim brought under South Carolina Human Affairs Law. On appeal, Crocker argues the circuit court erred in finding (1) the statute of limitations in section 1-13-90(d)(6) of the South Carolina Code applied to his claim, (2) section 1-13-90(c) of the South Carolina Code did not create a private right of action, and (3) he was not entitled to equitable tolling of the statute of limitations.

Monday, April 1, 2019
Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2016-002469    Shane Gould, Respondent, v. Worldwide Apparel LLC, f/k/a MusclePharm Sportswear LLC and Drew Ciccarelli, Appellants.

Desa Ballard and Harvey M. Watson, III, both of Ballard & Watson, Attorneys at Law, of West Columbia, for Appellants. Theodore Harry Huge of Harris & Huge, LLC, of Charleston, for Appellants. William Stephen Harris of Harris & Huge, LLC, of Johns Island, for Appellants. John E. Schmidt, III, of Schmidt & Copeland, LLC, of Columbia, for Respondent.

In this action under the South Carolina Payment of Wages Act, S.C. Code Ann. ยงยง 41-10-10 to -110, Appellants, Worldwide Apparel LLC and Drew Ciccarelli, challenge an order granting summary judgment to Respondent Shane Gould. Appellants argue (1) summary judgment was improper because a genuine issue of material fact existed as to the operative terms of employment; (2) the Act does not provide for employee recovery for mere failure to provide written notice of certain terms of employment; (3) the evidence supporting Appellants' equitable defenses precluded summary judgment; and (4) the award of treble damages and attorney's fees was improper because there existed a bona fide dispute as to the amount of wages due.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2016-002525    Amy Garrard and Lee Garrard, Guardians Ad Litem for R.C.G., A Minor; and Dean Frailey and Kathryn Frailey, Guardians Ad Litem for C.F., A Minor, Richard Nelson and Cheryl Nelson, Guardians Ad Litem for D.G.N., A Minor; Adam Olsen Ackerman; and A.E.P., III , Plaintiffs, v. Charleston County School District, Kevin Clayton, Axxis Consulting Company, and Jones Street Publishers, LLC, Defendants, And Eugene H. Walpole, Plaintiff, v. Charleston County School District, Kevin Clayton, Axxis Consulting Company, and Jones Street Publishers, LLC, Defendants, Of Whom Eugene H. Walpole, Amy Garrard and Lee Garrard, Guardians Ad Litem for R.C.G., A Minor; and Dean Frailey and Kathryn Frailey, Guardians Ad Litem for C.F., A Minor, Richard Nelson and Cheryl Nelson, Guardians Ad Litem for D.G.N., A Minor; Adam Olsen Ackerman; and A.E.P., III, are the Appellants, And Of Whom Jones Street Publishers, LLC is the Respondent.

John E. Parker and William Franklin Barnes, III, of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Appellant. Wallace K. Lightsey and Meliah Bowers Jefferson, both of Wyche, PA, of Greenville, for Respondent.

In this defamation case, Appellants appeal the circuit court's order granting summary judgment. Appellants argue the circuit court erred in holding (1) the statements of facts in the articles are protected by the fair report privilege, (2) the opinions expressed in the articles are not actionable, (3) the appellants have not shown proof of injury to reputation, (4) the alleged defamatory statements were not 'of and concerning' the students, and (5) that Coach Walpole has not shown that Jones Street Publisher acted with actual malice.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2016-002475    Arthur Eleazer, Respondent, v. Leslie Hughey, Appellant.

Brett Lamb Stevens, of Stevens Law, LLC, of Columbia, for Appellant. Bryan D. Caskey, of Caskey & Imgrund, LLC, of Columbia, for Appellant. Kenneth M. Mathews, of Columbia, for Respondent. Katherine Carruth Goode, of Winnsboro, for Respondent. Shannon Matthews Chandler, of Columbia, Guardian ad Litem.

Leslie Hughey (Mother) appeals the family court's order changing custody of her and Arthur Eleazer's (Father) two minor children from Mother to Father. Mother argues (1) the facts of this case did not constitute a substantial change of circumstances warranting a change of custody, (2) even if there was a substantial change of circumstances, a change of custody was not in the children's best interests, (3) the family court's conclusion that a change of custody was warranted is not supported by a preponderance of the evidence, and (4) no evidence was presented to support a change in custody of the parties' daughter.

 
Tuesday, April 2, 2019
Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2016-000560    The State, Respondent, v. Shawn Alan Mitchell, Appellant.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Legal Counsel Octavia Yvonne Wright, of Columbia, for Respondent.

Shawn Allen Mitchell appeals the circuit court order subjecting him to lifetime electronic monitoring three years after he pled guilty to second offense failure to register as a sex offender. On appeal, Mitchell argues (1) the State should have filed a post trial motion for reconsideration after his guilty plea to second offense failure to register as a sex offender if it was dissatisfied with his sentence and wanted him to be electronically monitored, and (2) ordering electronic monitoring violated his Fourteenth Amendment right to due process because the circuit court did not perform an individualized assessment of his risk to reoffend.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2016-000425    The State, Respondent, v. Robert Isiah Graham, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, of Columbia, for Respondent. Solicitor Randy E. Newman, Jr., of Lancaster, for Respondent.

In this criminal appeal, Robert Isaiah Graham appeals his sentence of forty-five years' imprisonment imposed by the circuit court after Graham pled guilty to murder. On appeal, Graham argues the sentence imposed by the circuit court constitutes a de facto life without parole sentence on a juvenile that violated the Eighth Amendment's prohibition of cruel and unusual punishment.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2016-002480    The State, Respondent, v. Michael Jay Finley, Appellant.

Appellate Defender Victor R. Seeger, 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 Sherrie Butterbaugh, all of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

In this criminal matter, Michael Jay Finley appeals the circuit court's denial of his motion for resentencing arguing the circuit court erred in denying his motion for resentencing because (1) The Eighth Amendment's prohibition of cruel and unusual punishment provides additional protections for juvenile offenders; (2) his mandatory life sentence is disproportionate because it treats juveniles like adults; (3) he has not been afforded a meaningful opportunity for release.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2016-002237    The State, Respondent, v. Anthony M. Enriquez, Appellant.

Appellate Defender Lara Mary Caudy, 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 Sherrie Butterbaugh, all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

In this criminal matter, Anthony M. Enriquez appeals the circuit court's denial of his motion for resentencing pursuant toAiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (2014), arguing the circuit court erred in denying his motion for resentencing because (1) the Eighth Amendment's prohibition of cruel and unusual punishment provides additional protections for juvenile offenders; (2) his mandatory sentence of life with the possibility of parole treated all adults and juveniles the same; and (3) the parole process in South Carolina does not provide a meaningful opportunity for release such that it is not an adequate substitute for individualized resentencing.

 
Cases to be Submitted Without Oral Argument
2017-001757    Sarah White, Employee, Appellant, v. NHC Parklane, Employer, and Premier Group Insurance, Carrier, Respondents.

2017-001558    The State, Respondent, v. Bryan Jeffrey Ellis, Appellant.

2016-001175    The State, Respondent, v. Jermaine Antonio Hodge, Appellant.

2018-000098    Johnny Lee Paden, Jr., Petitioner, v. State of South Carolina, Respondent.

2017-002570    The State, Respondent, v. Nathan Good, Appellant.

2017-002602    The State, Respondent, v. Hakeem Edwin, Appellant.

2017-001881    John Burke, William Burt, Sr., Thomas Cooper, Mike Ellison, Harold J. Hanson, David McKee, Plaintiffs, Of whom John Burke is the Respondent, v. The South Carolina Department of Transportation, Appellant.

2017-002442    Lewis Garvin, Petitioner, v. State of South Carolina, Respondent.

2016-002559    Fifth Third Mortgage Company, Respondent, v. Tracy L. Liggett; South Carolina Department of Motor Vehicles, Defendants, Of whom Tracy L. Liggett is the Appellant.

2017-000886    Federal National Mortgage Association, Respondent, v. John D. Dalen, Julie A. Dalen and Wawtockace Hills Property Owners Association, Defendants, Of whom John D. Dalen and Julie A. Dalen are Appellants, And John D. Dalen and Julie A. Dalen, Appellants, v. Bank of America, N.A., successor by merger to BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P., Respondent.

2016-002158    The State, Respondent, v. Channen F. Ricks, Appellant.

2017-000070    Eric VanCleave, Petitioner, v. State of South Carolina, Respondent.

2016-000245    Taiwan R. Scott, Respondent, v. Ronald E. Ford and Sonya M. Ford, Defendants, Of whom Sonya M. Ford is the Appellant.

2016-001819    William David Wooten, Petitioner, v. State of South Carolina, Respondent.

2017-000613    US Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Respondent, v. Robert E. Hammond, Appellant.

2017-002572    The State, Respondent, v. Franklin Dell Hayes, Appellant.

2017-001339    Cyril J. Okadigwe, Appellant, v. South Carolina Department of Labor, Licensing, and Regulation, State Board of Pharmacy, Respondent.

2018-000414    The State, Respondent, v. Patrick Todd Smith, Appellant.

2017-001797    David Eastman, d/b/a Grading and Landscaping Material Company, Appellant, v. South Carolina Department of Labor, Licensing and Regulation, South Carolina Contractor's Licensing Board, Respondents.

2015-002107    The State, Respondent, v. Arnold Lea Ward, Appellant.

2017-001290    The State, Respondent, v. Ernest Ray Bailey, Appellant.

2017-000547    Douglas Thompson, Petitioner, v. State of South Carolina, Respondent.

2017-001132    South Carolina Department of Social Services, Appellant, v. Providencia Borgstadt and Ky Borgstadt, Respondents.

2017-001521    Karen M. Duncan, Employee, Appellant, v. Eaton Corporation, Employer, and Old Republic Insurance Company, Carrier, Respondents.

2017-001411    The State, Respondent, v. Jimmy Odel Kanipe, Appellant.

2018-000587    The State, Respondent, v. Theron Marquis Murray, Appellant.

2017-001111    The State, Respondent, v. Mack Seal Washington, Appellant.

2018-000578    The State, Respondent, v. Nelson Sentelle Cook, Appellant.

2017-002222    The State, Respondent, v. Fashun Burgess, Appellant.

2017-001887    Harold R. Ayton, Petitioner, v. State of South Carolina, Respondent.