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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, June 5, 2018
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2016-001170    William B. Haskin, Jr., Appellant, v. Samuel W. Rhodes, Jr., Rhodes Investments, Inc., Rhodes Consulting, LLC and Tracey M. Bozzelli, Respondents.

Richard S. Rosen and John Edward Rosen, both of Rosen Rosen & Hagood, LLC, of Charleston, for Appellant. Frank M. Cisa of The Law Firm of Cisa & Dodds, LLP, of Mt. Pleasant, for Respondents.

 11:20 a.m. (Time Limits: 10-10-5)  
2015-002026    Gaddy Oil, Inc., Plaintiff, Respondent, v. George Rishmawi, Sr. a/k/a Issa G. Rishmawi, George Rishmawi, Jr., a/k/a George Issa Rishmawi, individually, and both trading as G & S Transports, LLC, and Dollar and More, LLC, Defendants, Appellants, Issa George Rishmawi, Third-Party Plaintiff, Appellant, v. Andrew Gaddy and Gaddy Rentals, LLC, Third-Party Defendants, Respondents.

Mary Amanda Harrelson Shuler, of Whetstone Perkins & Fulda, LLC, of Kingstree, for Appellants. Kimberly Veronica Barr and Ronnie Alan Sabb, both of Sabb Law Group, LLC, of Kingstree, for Respondent. Adrian Desmond Dukes, of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent.

 12:00 p.m. (Time Limits: 10-10-5)  
2016-001337    Leisel Paradis, Appellant, v. Charleston County School District, James Island Charter High School, Robert Bohnstengel and Stephanie Spann, in their individual capacities, Respondents.

James Paul Porter and J. Lewis Cromer, both of Cromer Babb Porter & Hicks, LLC, of Columbia, for Appellant. Bob J. Conley of Cleveland & Conley, LLC, of Charleston, for Respondents. Rene Stuhr Dukes of Rosen Rosen & Hagood, LLC, of Charleston, for Respondents.

Wednesday, June 6, 2018
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2015-000508    The State, Respondent, v. Aaron Scott Young, Jr., Appellant.

Jennifer Kirk Dunlap and Frederick Elliotte Quinn, IV, both of Parker Poe Adams & Bernstein, LLP, of Charleston, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General J. Anthony Mabry, all of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.

Aaron Young, Jr. (Young, Jr.) appeals his conviction for murder and attempted murder. Young, Jr. argues the trial court erred in denying: (1) his motion for a directed verdict on the murder charge because the State's mutual combat theory was not supported by South Carolina law or the evidence at trial; (2) his request for a jury charge on the end of mutual combat; and (3) his motion for a directed verdict on the attempted murder charge.

 10:40 a.m. (Time Limits: 10-10-5)  
2015-002357    Frederick Charles Tranfield, Appellant, v. Lilly Sophia Tranfield, Respondent.

Chris Paton of Chris Paton, LLC, of Mount Pleasant, for Appellant. Courtney Wall Kerce of Payne Law Firm, LLC, of Daniel Island, for Appellant. Gregory Samuel Forman of Gregory S. Forman, PC, of Charleston, for Respondent.

Frederick Tranfield (Father) appeals the ruling of the family court awarding custody of his two minor children to their Mother, Lilly Tranfield. Father argues the family court erred in: (1) awarding sole custody of the children to Mother and restricting his visitation; (2) delegating authority to his therapist to determine visitation restrictions; (3) ordering he undergo a psychosexual evaluation; (4) awarding alimony; (5) incorrectly apportioning the parties' debts and assets; (6) awarding Mother attorney's fees; (7) restraining his speech; and (8) ordering support to be paid through income withholding.

 11:20 a.m. (Time Limits: 10-10-5)  
2015-002095    Donna Jensen, Appellant, v. Matthew B. Wiseman and Peoples Underwriters, Inc., Respondents.

George M. Hearn, Jr. of Hearn & Hearn, PA, of Conway, for Appellant. Mary Madison Brittain Langway and Thomas C. Brittain, both of The Brittain Law Firm, P.A., of Myrtle Beach, for Appellant. Henry Wilkins Frampton, IV, and Susan Taylor Wall, both of Gordon & Rees LLP, of Charleston, for Respondents.

In this negligence action, Donna Jenson argues the circuit court erred in granting summary judgment in favor of Matthew Wiseman and People's Underwriters, Inc. (collectively, Respondents). Specifically, Jenson contends the circuit court erred in considering whether she had an insurable interest in automobiles covered under a commercial insurance policy (the Policy) because Respondents did not raise this issue to the court. Jenson further argues she submitted more than a mere scintilla of evidence demonstrating that Wiseman was negligent in failing adequately advise her when she procured the Policy from him.

Thursday, June 7, 2018
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-000840    State Farm Mutual Automobile Insurance Company, Respondent, v. Beverly Goyeneche, David R. Gray, III and Amanda Goyeneche (a/k/a Amanda Goyeneche-Gray), individually and as Parent and Natural Guardian of S.G., Defendants, Of Whom Beverly Goyeneche, and Amanda Goyeneche are the Appellants.

Karl Huggins Smith of Smith Watts & Associates, LLC, of Hartsville, for Appellants. Blake A. Hewitt of Bluestein Thompson Sullivan, LLC, of Columbia, for Appellants. Jonathan M. Robinson of DuBose Robinson Morgan, PC, of Camden, for Respondent.

In this action for declaratory judgment, Beverly Goyeneche (Grandmother) and Amanda Goyeneche (Mother) appeal the circuit court's order finding claims arising from the death of S.G. (Infant) are excluded from coverage and that State Farm Mutual Automobile Insurance Company has no duty to defend or indemnify Grandmother, Mother, or David R. Gray, III (Father). Grandmother and Mother (collectively, Appellants) argue the circuit court erred in (1) finding the policies at issue did not provide coverage for Infant's death; (2) rejecting persuasive authority from other jurisdictions; (3) determining Infant was a resident relative of only Mother's household; and (4) finding Appellants failed to preserve the residency issue by failing to raise it in their motion to alter or amend judgment.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-001003    Verma Tedder, Employee, Claimant, Appellant, v. Darlington County Community Action Agency, Employer, and State Accident Fund, Carrier, Respondents.

Stephen J. Wukela of Wukela Law Office, of Florence, for Appellant. G. Murrell Smith, Jr. of Lee, Erter, Wilson, Holler & Smith, LLC, of Sumter, for Respondents.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-001148    South Carolina Public Interest Foundation, Edward D. Sloan, Jr., Denise G. Davidson, and Milton Woods, Jr., individually and on behalf of all others similarly situated, Appellants, v. Jasper County School District and the Hon. Berty Riley, in her official capacity as Chairman of the Board of Trustees of the Jasper County School District, Respondents.

James G. Carpenter of Carpenter Law Firm, PC, of Greenville, for Appellants. Keith Robert Powell of Duff & Childs, LLC, of Columbia, for Respondents.

In this procurement case, Appellant South Carolina Public Interest Foundation (SC Public Interest) seeks review of the circuit court's order granting summary judgment in favor of Respondent Jasper County School District (School District) on SC Public Interest's claims. SC Public Interest argues the circuit court should have declared the procurement method used by the School District to secure construction services for the renovation of its Bees Creek school facility violated the Jasper County Board of Education Procurement Code Policy. SC Public Interest further maintains that while this case was pending in the circuit court, Jasper County Board of Trustees passed a Resolution to suspend all actions on the Bees Creek contract which made the case unripe for decision by the circuit court, and therefore, summary judgment was improper.

 12:00 p.m. (Time Limits: 10-10-5)  
2015-001905    The State, Respondent, v. Michael Juan Smith, Appellant.

Appellate Defender David Alexander, 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.

Appellant Michael Juan Smith challenges his convictions for attempted murder, possession of a weapon during the commission of a violent crime, possession of a weapon by a person convicted of a violent felony, possession of a weapon by a person convicted of a crime of violence, and unlawful carrying of a pistol. Appellant argues the trial court erred in instructing the jury that they could infer malice based on the "felony murder rule" because the underlying predicate felonies were not inherently dangerous and involved merely possession of a firearm. Appellant also argues he was entitled to a directed verdict on the attempted murder charge because the State failed to prove he had the specific intent to kill the victim.

Wednesday, June 20, 2018
Courtroom I
 12:00 p.m. (Time Limits: 10-10-5)  
2014-001497    The State, Respondent, v. Joe Ross Worley, Appellant.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, and Senior Assistant Deputy Attorney General John Benjamin Aplin, both of Columbia, for Respondent. Solicitor Samuel R. Hubbard, III, of Lexington, for Respondent.

Joe Ross Worley appeals his convictions for assault and battery with intent to kill (ABWIK) and possession of a weapon during the commission of a violent crime, arguing the trial court erred in (1) ruling Worley was not entitled to immunity from prosecution for ABWIK under the Protection of Persons and Property Act, and (2) not granting a mistrial when the solicitor made comments in his closing argument that constituted improper comments on Worley's right not to testify and impermissibly shifted the State's burden of proof to Worley.

Cases to be Submitted Without Oral Argument
2017-000639    Jimmy A. Richardson, II, Solicitor Fifteenth Judicial Circuit, on Behalf of the 15th Circuit Drug Enforcement Unit, Respondent, v. Eighty-five thousand six hundred eighty seven and 45/100 dollars ($85, 687.45); 2010 Chevrolet Impala vin# 2GIWB5EKOA1166142; 2008 Mercedes vin# WDDDJ72X78A117250; 2009 Honda CBR600RR9 vin# JH2PC400X9K201006; various weapons, miscellaneous gold men's jewelry, electronics and real property located at 732 Dragonfly Drive, Myrtle Beach, SC, TMS#: 1642201065, Defendant Property, Michael A. Hatten, Stephanie N. Hatten a/k/a Stephanie N. Mackie, Joseph L. White, Eleanor J. Carter, Byron A. Gidney, Kristin J. Milby, Ivan K. Chatman and Steven Mackie, Defendants, Of whom Stephanie N. Hatten a/k/a Stephanie N. Mackie is the Appellant.

2017-000479    Levi Thomas Brown, Appellant, v. State Farm Fire and Casualty Insurance Company, Respondent.

2016-000969    CitiMortgage, Inc., Respondent, v. Bruce W. Gardner and First Citizens Bank and Trust Company, Inc., Defendants, Of whom Bruce W. Gardner is the Appellant.

2015-001087    LaChrisha Shentayle Miller, Respondent-Petitioner, v. State of South Carolina, Petitioner-Respondent.

2017-000190    The State, Respondent, v. Curt Davis, Appellant.

2017-001036    The State, Respondent, v. Joseph Lee Smith, Appellant.

2017-001701    Marquis Edwards, #328235, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

2016-002363    The State, Respondent, v. Thomas Edmund Dukes, Appellant.

2017-000203    R. Jay Lagroon, Appellant, v. SBA Communications Corp., Respondent.

2016-002005    In the Matter of the Care and Treatment of Frank Saunders, Appellant.

2016-002481    The State, Respondent, v. Todd Virgil Brown, Appellant.

2016-001565    Carlos Dewan Smith, Respondent, v. State of South Carolina, Petitioner.

2016-002131    Johnny Burton #213281, Respondent, v. South Carolina Department of Probation, Parole and Pardon Services, Appellant.

2017-000819    The State, Respondent, v. Kevin Maurice Ward, Appellant.

2017-000745    South Carolina Farm Bureau Mutual Insurance Company, Respondent, v. Michael David Harrelson, Devora Harrelson, Kevin Duke, and Government Employees Insurance Company, Defendants, of whom Michael David Harrelson and Devora Harrelson are the Appellants, and, Government Employees Insurance Company is the Respondent.

2017-000531    Theresa Catalano, Respondent, v. Jack Catalano, Appellant.

2016-000809    The State, Respondent, v. Mark Anthony Bayne, Appellant.

2016-001686    Kevin C. Casey, Petitioner, v. State of South Carolina, Respondent.

2017-000286    Alonzo C. Jeter, III #282902, Appellant, v. South Carolina Department of Probation, Parole, and Pardon Services, Respondent.

2016-000540    The State, Respondent, v. Tyrone Quick, Appellant.

2015-001160    The State, Respondent, v. Jaqueline Latrisha Mesidor, Appellant.

2016-001511    The State, Respondent, v. Jayquan Dante Wilmore, Appellant.

2016-000955    John Alden Bauer, III, Appellant, v. Beaufort County School District, Respondent.

2017-000908    The State, Respondent, v. Shannon Miles Lancaster, Appellant.

2016-002100    Basil W. Akbar #065498, Appellant, v. South Carolina Department of Probation, Parole, and Pardon Services, Respondent.

2015-001688    Trey Levar Garner, Petitioner, v. State of South Carolina, Respondent.

2017-000209    The State, Respondent, v. Chad Robert Kozloski, Appellant.

2017-001420    South Carolina Department of Social Services, Respondent, v. Patricia Carter, Terry Barrow, and Gary James, Defendants, Of whom Patricia Carter is the Appellant. In the interest of a minor under the age of eighteen.

2016-000708    The State, Respondent, v. Hassan Tyler, Appellant.

2016-001260    The State, Respondent, v. Antonio Dontae Ross, Appellant.

2016-002560    David Stephenson Boyd II, Petitioner, v. State of South Carolina, Respondent.

2016-001778    The State, Respondent, v. Michael Glenn Hall, Appellant.

2016-001174    Frederick Flowers, Petitioner, v. State of South Carolina, Respondent.

2016-001676    The State, Respondent, v. Latroy D. Sampson, Appellant.

2016-001356    Jamario Q. Jones, Petitioner, v. State of South Carolina, Respondent.

2017-000618    James E. Hensley, Appellant, v. Giles Homes, LLC f/k/a Giles Industries of Tazewell, Inc., Respondent.

2016-002275    Carlton E. Cantrell, Appellant, v. Aiken County, Aiken County Animal Control/Code Enforcement Director Bobby Arthurs, Aiken County Animal Control/Code Enforcement Officer Ron Cooper, Judge Donna L. Williamson, Respondents.

2016-001216    The State, Respondent, v. Brittany Shaunta Pearson, Appellant.

2016-002530    The State, Respondent, v. Kendra Nicole Tucker, Appellant.