Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Department
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, October 2, 2017
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2015-001644    Shipwatch Condominium Association, Inc., Appellant, v. Carolina Concrete Systems, Inc.; Sisnroy Engineering, LLC; Robert G. Sisnroy, individually; Terrence J. McKelvey; Glasgow Roofing, Inc.; GlassTec, Inc.; Spectech, Inc.; Sonneborn, Inc.; Chimney Sweeps, Inc.; Low Country Chimneys, Inc.; EFCO Corp.; W.C. Johnston Architectural Sales, Inc.; Charleston Glass Company, Inc.; First Exteriors, LLC; Acrocrete, Inc.; BASF Corp.; Gary Freeman Architect, Inc.; Gary Freeman, individually; Defendants, Of Which Carolina Concrete Systems, Inc.; Sisnroy Engineering, LLC; Robert G. Sisnroy, individually; Terrence J. McKelvey; GlassTec, Inc.; Sonneborn, Inc.; EFCO Corp.; W.C. Johnston Architectural Sales, Inc.; Charleston Glass Company, Inc.; First Exteriors, LLC; BASF Corp.; Gary Freeman Architect, Inc.; and Gary Freeman, individually; are the Respondents. Oscar Mendiondo, individually and as representative of a class of similarly situated owners of condominium units in the horizontal property regime known as Shipwatch Condominiums, Appellants, v. Carolina Concrete Systems, Inc.; Sisnroy Engineering, LLC; Robert G. Sisnroy, individually; Terrence J. McKelvey; Glasgow Roofing, Inc.; GlassTec, Inc.; Spectec, Inc.; Sonneborn, Inc.; Chimney Sweeps, Inc.; Low Country Chimneys, Inc.; EFCO Corp.; W.C. Johnston Architectural Sales, Inc.; Charleston Glass Company, Inc.; First Exteriors, LLC; Acrocrete, Inc.; BASF Corp.; Gary Freeman Architect, Inc.; Gary Freeman, individually; Defendants, Of Which Carolina Concrete Systems, Inc.; Sisnroy Engineering, LLC; Robert G. Sisnroy, individually; Terrence J. McKelvey; GlassTec, Inc.; Sonneborn, Inc.; EFCO Corp.; W.C. Johnston Architectural Sales, Inc.; Charleston Glass Company, Inc.; First Exteriors, LLC; BASF Corp.; Gary Freeman Architect, Inc.; and Gary Freeman, individually; are the Respondents.

R. Patrick Flynn of Pope Flynn, LLC, of Charleston, for Appellants. David Starr Cobb of Turner Padget Graham & Laney, PA, of Charleston, for Respondent Carolina Concrete Systems, Inc. Tyler Paul Winton and Paul Eliot Sperry, both of Carlock Copeland & Stair, LLP, of Charleston, for Respondent Sisnroy Engineering, LLC. and Respondent Robert G. Sisnroy. Erin DuBose Dean and Stacey Patterson Canaday, both of Tupper Grimsley & Dean, PA, of Beaufort, for Respondent GlassTec, Inc. Trent M. Kernodle and Suzanne Cuba Ulmer, both of Kernodle Coleman, of Charleston, for Respondent BASF Corporation. Russell Britton Kelly of Kelly Law Firm, LLC, of Charleston, for Respondent EFCO, Corporation and for Respondent W.C. Johnston Architectural Sales, Inc. Amanda R. Maybank of Maybank Law Firm, LLC, of Charleston, for Respondent Charleston Glass Company, Inc. Jonathan J. Anderson of Anderson Reynolds & Stephens, LLC, of Charleston, and James H. Elliott, Jr. of Richardson Plowden & Robinson, PA, of Charleston, for Respondent First Exteriors, LLC. Kenneth Michael Barfield of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent Gary Freeman Architect, Inc. and Respondent Gary Freeman.

In this construction defect case, the Shipwatch Condominium Association, Inc. and Oscar Mendiondo (collectively, Shipwatch) appeal the trial court's grant of partial summary judgment to Carolina Concrete Systems, Inc. (CCS), arguing the trial court erred in granting partial summary judgment (1) despite the existence of a genuine issue of material fact as to when Shipwatch had notice of its construction defect claims against CCS and (2) on the statute of limitations without following applicable precedent of the discovery rule or considering the applicable doctrine regarding the equitable tolling of the statute of limitations.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-001030    South Carolina Department of Motor Vehicles, Appellant, v. Michelle Dover, Respondent.

Frank L. Valenta, Jr., Philip S. Porter, and Brandy Anne Duncan, all of Blythewood, for Appellant. Michelle Dover, of York, Pro Se Respondent.

The South Carolina Department of Motor Vehicles appeals the administrative law court's determination that Michelle Dover's reckless driving conviction in Virginia did not constitute a major violation requiring her driver's license to be suspended under the habitual offender statute.

 11:20 a.m. (Time Limits: 10-10-5)  
2015-001894    Commissioners of Public Works of the City of Laurens, South Carolina, also known as the Laurens Commission of Public Works, Respondent, v. City of Fountain Inn, South Carolina, Appellant.

Boyd Benjamin Nicholson, Jr. and Sarah Patrick Spruill, both of Haynsworth Sinkler Boyd, PA, of Greenville, for Appellant. David W. Holmes, of Holmes Law Firm, of Greenville, for Appellant. Robert L. Widener of McNair Law Firm, PA, of Columbia, for Respondent. Bernie W. Ellis of McNair Law Firm, PA, of Greenville, for Respondent.

In this appeal from a declaratory judgment action, the City of Fountain Inn appeals the trial court's determination that it cannot provide natural gas service in a particular area without the consent of the Commissioners of Public Works of the City of Laurens, South Carolina because that area was within the Commissioners' designated service area.

Tuesday, October 3, 2017
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2015-002093    Robert L. Harrison, Employee, Appellant, v. Owen Steel Company, Inc., Employer, and Old Republic Insurance Company c/o Gallagher Bassett Services, Inc., Carrier, Respondents.

Frank Anthony Barton, of West Columbia, for Appellant. Jason Wendell Lockhart of McAngus Goudelock & Courie, LLC, of Columbia, for Respondents. Helen F Hiser of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondents.

Robert Harrison, an employee of Owen Steel Company, appeals the decision of the Appellate Panel of the Workers' Compensation Commission denying his claim for compensation for injuries sustained from an admitted workplace accident occurring on September 17, 2008. Harrison argues the Commission erred in finding his claim was barred by the doctrine of laches and the occurrence of intervening accidents.

 10:40 a.m. (Time Limits: 10-10-5)  
2015-002156    First Citizens Bank and Trust Company, Inc., Respondent/Appellant, v. Blue Ox, LLC, and J. Chris Lindgren, Defendants, Of whom J. Chris Lindgren is the Appellant/Respondent.

Keating L. Simons, III, of Simons & Dean, of Charleston, for Appellant/Respondent. Joey Randell Floyd and Robert Crum Osborne, III, both of Bruner Powell Wall & Mullins, LLC, of Columbia, for Respondent/Appellant.

In this cross-appeal, judgment creditor First Citizens Bank appeals the master-in-equity's fining that certain funds of J. Chris Lindgren were protected from judgment by section 15-41-30(14) of the South Carolina Code as contributions to an ERISA plan 401(k). Lindgren appeals the master's finding that contributions to his Individual Retirement Account (IRA) were not protected from judgment because they violated section 27-23-10 of the South Carolina Code.

 11:20 a.m. (Time Limits: 10-10-5)  
2015-002112    Lettie Spencer, Employee, Appellant, v. NHC Parklane, Employer, and Premier Group Insurance Co., Inc., Carrier, Respondents.

Garrett Brendan Johnson and Andrew Wade Creech, both of Elrod Pope Law Firm of Rock Hill, for Appellant. Clarke W. McCants, III, and Amy Patterson Shumpert, both of Nance, McCants & Massey, of Aiken , for Respondents.

Lettie Spencer, a former employee of NHC Parklane, appeals the decision of the Appellate Panel of the Workers' Compensation Commission (Appellate Panel) awarding Spencer 21% partial disability of the lower back sustained from an admitted workplace injury on June 22, 2011. Spencer argues (1) the Appellate Panel's decision is not supported by substantial evidence and (2) the Appellate Panel erred in failing to address her wage loss claim pursuant to section 42-9-20 of the South Carolina Code Annotated (2015).

Wednesday, October 4, 2017
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2015-001947    Alice Hazel, as GAL for Jacob N., Respondent, v. Blitz U.S.A., Inc., Fred's, Inc., Tiger Express Varnville LLC, and James Nix, Defendants, Of Whom Fred's, Inc. is the Appellant. And Melinda Cook, Respondent, v. Blitz U.S.A., Inc., Fred's, Inc., Tiger Express Varnville, LLC, and James Nix, Defendants, Of Whom Fred's, Inc. is the Appellant.

Matthew Clark LaFave of Crowe LaFave, LLC, of Columbia, for Appellant. Mark David Ball of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Respondent. Kathleen Chewning Barnes of Barnes Law Firm, LLC, of Hampton, for Respondent.

Melinda Cook, as the mother of Jacob N., and Alice Hazel, as guardian ad litem (collectively, Respondents), brought separate actions against Fred's, Inc. to recover for injuries Jacob N. sustained when a portable gasoline container exploded. Fred's moved to permanently enjoin or stay the claims, arguing they were subject to an injunction established during bankruptcy proceedings. The circuit court denied the motion, and Fred's appealed.

 10:40 a.m. (Time Limits: 10-10-5)  
2015-002573    Charles Thomas Hobbs and Mary Hobbs, Appellants, v. Fairway Oaks Homeowners Association, Respondent.

Raymond Talmage Wooten of Smith, Jordan and Lavery, P.A., of Easley, for Appellants. John Robert Murphy, Wesley Brian Sawyer,, and Elliott Bishop Daniels, all of Murphy & Grantland, PA, of Columbia, for Respondent.

In this negligence case, Hobbs appeals the circuit court order granting summary judgment to Fairway Oaks. Hobbs claims Fairway Oaks was liable for the injuries he sustained when an independent contractor removed a tree branch in the neighborhood common area.

 11:20 a.m. (Time Limits: 10-10-5)  
2015-000263    Oak Pointe Homeowners' Association, Inc., Respondent, v. Mackenzie E. Peffley, Appellant.

Andrew Sims Radeker of Harrison & Radeker, P.A., of Columbia, for Appellant. Stephanie Carol Trotter and Joel Morris Deason, Sr., both of McCabe, Trotter & Beverly, P.C., of Columbia, for Respondent.

In this home owner's association foreclosure action, Home Owner appeals the circuit court's grant of summary judgment on her counterclaims of negligent misrepresentation, unfair trade practices, breach of contract, breach of contract accompanied by a fraudulent act, libel, and slander of title.

Thursday, October 5, 2017
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2014-002727    The Forfeited Land Commission of Bamberg County, Plaintiff, v. Eartha Dean Moody Beard, et al. Ralph Johnson, et al., of whom Ralph Johnson is answering as Defendant - Third Party Plaintiff, v. Bank One, N.A., Conseco Finance Servicing Corp., Equity One, Inc., JPMorgan Chase Bank, National Association, as trustee for the C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-CB2, and Mark D. Johnson, JOHN DOE AND MARY ROE, fictitious names representing any unknown minors, incompetents, persons in the military, persons imprisoned and persons under any legal disability and RICHARD ROE AND SARAH DOE, fictitious names representing unknown devisees, distributees, or personal Representatives of LILLIAN G. BROWN, GERALDINE G. REED, RETHA G. GREGGS, LILLIE D. GRAY, GEORGE DAVIS, JULIA DAVIS, VIVIAN DAVIS, MARGARET DAVIS, LILLIE MAE DAVIS, LECIA RICE, ROY H. SETZLER, DYAN SETZLER, LUCIOUS WRIGHT, JULIA JONES, EDITH K. GILMORE, EDDIE GRIMES, HENRY C. GUESS, WILLIE THOMPSON, BESSIE THOMPSON, ANNIE MAE WHITE, and also all other unknown persons claiming any right, title, estate, or lien upon the real estate which is the subject of this action, Third Party Defendants, Of Whom Ralph Johnson is the Respondent and Coretta McMillan, Samuel Lee Morant, Jr., and Betsy Felicia Morant are the Appellants.

Michael C. Tanner of Michael C. Tanner, LLC, of Bamberg, for Appellants. Zipporah O. Sumpter of Sumpter Law Office, of Orangeburg, for Appellants. Thomas Ray Sims, Sr. of Thomas Ray Sims Attorney, of Orangeburg, for Appellants. James Martin Harvey, Jr. of Harvey & Kulmala, of Barnwell, for Respondent.

Appellants appeal from an order of the trial court finding the statute of limitations had run on their cause of action to redeem property after it was sold at a tax sale.

 10:40 a.m. (Time Limits: 10-10-5)  
2015-001472    Lawrence Potts, Candace Marie Potts, and Lanette Zimmerman, Appellants, v. Edward E. Yager, Respondent.

Michael Allan Maucher of DeLuca & Maucher, LLP, of Goose Creek, for Appellants. Jenny Anderson Horne of Jenny Horne Law Firm, LLC, of Summerville, for Respondent.

In this appeal from a non-jury trial, Appellants appeal the trial judge's denial of their claim for conversion against Respondent, arguing the trial judge erred in entering judgment for Respondent based on the trial judge's finding of a failure of evidence to support damages.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-000555    South Carolina Lawyers Weekly, By and through its principal, Dolan Publishing Company, Appellant, v. Scarlett Wilson, Solicitor of the Ninth Judicial Circuit, an elected public official, Respondent.

Desa Ballard and Harvey M. Watson, III, both of Ballard & Watson, Attorneys at Law of West Columbia, for Appellant. Attorney General Alan McCrory Wilson, Solicitor General Robert D. Cook, and Deputy Solicitor General J. Emory Smith, Jr. all of Columbia, for Respondent.

In this action pursuant to the Freedom of Information Act (FOIA), South Carolina Lawyers Weekly (Appellant) asserts the circuit court erred in refusing to compel Scarlett Wilson, as Solicitor of the Ninth Judicial Circuit, to produce any disciplinary complaints against her. Appellant argues the circuit court erred by: (1) failing to find Wilson is a public officer and her office is a public body subject to FOIA; (2) relying on Rule 12 of the Rules of Lawyer Disciplinary Enforcement to determine the requested documents are not required to be disclosed; (3) finding the documents were exempt from FOIA pursuant to S.C. Code Ann. ยง 30-4-40(a); and (4) failing to find Wilson waived her right to confidentiality.

 12:00 p.m. (Time Limits: 10-10-5)  
2015-000201    Madison at Hamlin Plantation Townhome Association, Inc. and Thomas C. Koontz and Jane A. Marshall, individually and on behalf of all others similarly situated, Respondents, v. Builders Support Services of the Carolina, Inc., individually and f/k/a John Wieland Homes and Neighborhoods of the Carolinas, Inc., individually and f/k/a John Wieland Homes and Neighborhoods of NC, Inc., individually and f/k/a John Wieland Homes and Neighborhoods of SC, Inc.; John Wieland Homes of SC, Inc.; John Wieland Homes, Inc.; John Wieland Homes of Charleston, Inc.; AAA Plumbing; American Residential Services, LLC; Builders Firstsource-Southeast Group, LLC; Carolina Custom Security, Inc.; Creative Touch Interiors, Inc., individually and f/k/a Rice Planters Carpets, Inc.; Fogel Services, Inc; Larry's Termite Control, Inc.; McClellan Plumbing, LLC; Neighborhood Management Associates, Inc.; George Ryan Butler; Paul Spencer; and John Doe 1-50, Defendants, Of which Builders Support Services of the Carolinas, Inc., individually and f/k/a John Wieland Homes and Neighborhoods of the Carolinas, Inc., individually and f/k/a John Wieland Homes and Neighborhoods of NC, Inc., individually and f/k/a John Wieland Homes and Neighborhoods of SC, Inc.; John Wieland Homes of SC, Inc.; John Wieland Homes, Inc.; John Wieland Homes of Charleston, Inc. are the Appellants.

Andrew Elliott Haselden, of Howser Newman & Besley, LLC, of Charleston, for Appellants. Justin O'Toole Lucey and Joshua Fletcher Evans, both of Justin O'Toole Lucey, P.A., of Mt. Pleasant, for Respondents.

In this construction defect action, Appellants challenge orders by the circuit court denying a motion to compel arbitration and granting a motion for class certification. Appellants argue the circuit court erred by (1) finding an arbitration agreement with Respondent Cherie Berotti was unenforceable and (2) granting class certification because Respondents' class fails to satisfy the commonality and typicality requirements and Respondents assert a claim under the South Carolina Unfair Trade Practices Act, which is not subject to class adjudication.

Tuesday, October 10, 2017
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2015-001848    Church of God and Church of God of South Carolina, Appellants, v. Mark Estes, Patricia Estes, Michael Timothy Brooks, Individually and as Trustee for Church of God at North Charleston Trust, Adam Boyer, Individually and as Trustee for Church of God at North Charleston, Rolando River Osorio, individually and as Trustee at Church of God at North Charleston, and North Palm Ministries, Inc., North Palm Community Church and Community First Bank and its Successor Crescom Bank, Defendants. Of Whom Crescom Bank is the Respondent, v. Thomas Propes and Marc Campbell, Third Party Defendants.

George J. Kefalos of George J. Kefalos, PA, of Charleston, for Appellants. Oana Dobrescu Johnson of Janik, LLP, of Charleston, for Appellants. Carol Brittain Ervin and Brian Lee Quisenberry, both of Young Clement Rivers, of Charleston, for Appellant Church of God of South Carolina. Matthew Tillman and Daniel Quigley Orvin, both of Womble Carlyle Sandridge & Rice, LLP, of Charleston, for Respondent. Charles S. Altman and Meredith L. Coker, both of Altman & Coker, LLC, of Charleston, for Respondent.

In this action arising out of a bank loan, Church of God and Church of God of South Carolina (collectively, Church) appeal, arguing the trial court erred in: (1) dismissing Church's claims under the voluntary payment doctrine despite the fact that Church paid without full knowledge of the facts; (2) imposing a two year statute of limitations on Church's slander of title cause of action; (3) dismissing Church's aiding and abetting cause of action where there is evidence Crescom Bank (Bank) had knowledge of and participated in the other defendants' breaches of fiduciary duties; (4) dismissing Church's conversion cause of action where that claim is founded on Bank's wrongful taking of Church's cash payment; (5) attributing the knowledge and acts of rogue agents to Church where those agents were acting for their own purposes outside the scope of their authority; and (6) ruling as a matter of law that Church's claims for conversion and aiding and abetting are barred by the three year statute of limitations.

 10:40 a.m. (Time Limits: 10-10-5)  
2015-002257    Equivest Financial, LLC, Respondent, v. Mary B. Ravenel and AAA Plumbing, Inc., Defendants, Of Which Mary B. Ravenel is the Appellant.

Bruce Alan Berlinsky, of Charleston, for Appellant. Steven R. Anderson of Law Office of Steven R. Anderson, of Columbia, for Respondent. James B. Richardson, Jr., of Columbia, for Respondent.

Mary Ravenel appeals the trial court's determination that the tax sale of her property was valid, arguing (1) the trial court erred in failing to take testimony; (2) the tax sale was void because the property was not levied, advertised, and sold in the name of the true owner; (3) judicial estoppel does not apply because Ravenel was not a party to the previous action; and (4) the delinquent tax collector did not comply with statutory requirements in sending notice to Ravenel.

 11:20 a.m. (Time Limits: 10-10-5)  
2015-001795    Community Services Associates, Appellant, v. Stephen H. Wall and Maria P. Snyder Wall, Respondents.

John S. Nichols, of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. F. Ward Borden of Jones Simpson & Newton, PA, of Bluffton, for Appellant. Drew A. Laughlin of Laughlin & Bowen, PC, of Hilton Head Island, for Respondents.

Appellant Community Services Associates, Inc., challenges an order of the Master-in-Equity dismissing its complaint, which sought to enjoin Respondents, Stephen H. Wall and Maria P. Snyder Wall, from renting out the first floor of their Hilton Head residence on a short-term basis while Respondents are residing on the second floor. Appellant argues that this practice violates the Restrictive Covenants for Sea Pines Plantation because these covenants allow only the entire premises of a home to be rented in order to preserve the single-family-dwelling character of the home. Appellant also argues the master abused his discretion in declining to consider a letter authored by Respondent Maria Wall after a hearing on Appellant's motion for reconsideration because the master refused to exercise his discretion under Rules 52(b) and 59(a) of the South Carolina Rules of Civil Procedure to open the judgment and take additional testimony.

Tuesday, October 3, 2017
Court Room II
 10:00 a.m. (Time Limits: 10-10-5)  
2015-001827    Erie Insurance Exchange, Respondent, v. Government Employees Insurance Company, Mark Allison Scoggin, and Angela Bennett Hill, Defendants, Of which Government Employees Insurance Company is the Appellant.

Robert Thomas King and Edward Andrew Love, both of King, Love & Hupfer, LLC, of Florence, for Appellant. John Dwight Hudson of Hudson Law Offices, of Myrtle Beach, for Respondent.

In this declaratory judgment action, Government Employees Insurance Company (GEICO) appeals the circuit court's declaration that GEICO's insurance policy issued to Mark Scoggin provides excess liability coverage for the underlying motor vehicle accident. GEICO argues the circuit court erred in: (1) finding the vehicle operated by Scoggin was a "Non-Owned Auto" under Scoggin's liability policy; (2) finding a clause in the "Other Insurance" provision of Scoggin's policy rendered the policy ambiguous; (3) concluding that GEICO was unable to disclaim coverage under the terms of the policy because it issued Scoggin a declarations page; (4) declaring that the "Owned Auto" and "Non-Owned Auto" definitions in the policy violated public policy; and (5) finding Erie Insurance Exchange (Erie) was entitled to attorneys' fees and costs.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2016-000106    Harold Raynor a/k/a Harold Reynor, and Michael Caldwell, Respondents, v. Charles C. Byers, John T. Bakhaus, Kurt Kasler, and Kenneth Smith, Defendants, Of whom Charles C. Byers, John T. Bakhaus, and Kenneth Smith are the Appellants.

Herbert W. Hamilton of Hamilton Martens, LLC, of Rock Hill, for Appellant Kenneth Smith. Spencer Andrew Syrett, of Columbia, for Appellant John T. Bakhaus and Appellant Charles C. Byers. Kevin Nicklaus Molony of Thurmond Kirchner & Timbes, P.A., of Aiken, for Respondents. Robert J. Harte, of Aiken, for Respondents.

Charles C. Byers, John T. Bakhaus, and Kenneth Smith (Appellants) appeal the circuit court's order granting attorney's fees to Harold Raynor and Michael Caldwell. Appellants argue the circuit court erred because (1) no statute provided for attorney's fees and (2) there was no longer a contractual provision allowing for attorney's fees.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2016-000225    David Rose, #91858, Respondent, v. South Carolina Department of Probation, Parole and Pardon Services, Appellant.

General Counsel Matthew C. Buchanan and Assistant General Counsel Tommy Evans, Jr., both of Columbia, for Appellant. Travis Dayhuff of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent.

The South Carolina Department of Probation, Parole and Pardon Services (the Department) appeals the administrative law court's (ALC) order reversing the Department's denial of parole, arguing the ALC erred in (1) finding Rose received sufficient votes in favor of granting him parole, (2) reversing the Department's determination when the ALC lacks authority to reverse a decision by the Parole Board, and (3) retroactively applying the supreme court's holding in State v. Barton in determining whether Rose received sufficient votes to grant him parole

 
Wednesday, October 4, 2017
Court Room II
 10:40 a.m. (Time Limits: 10-10-5)  
2015-001055    The State, Respondent, v. Johnny Neal Sexton, II, Appellant.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent. Solicitor Samuel R. Hubbard, III, of Lexington, for Respondent.

In this criminal appeal, Johnny N. Sexton appeals his convictions of three counts of unlawful conduct toward a child and consecutive sentences of eight years' imprisonment for each charge, for a total of twenty-four years' imprisonment. On appeal, Sexton argues the circuit court erred in (1) allowing Officer Mike Merckle to testify that an opened jar he found at Sexton's residence contained ingredients used in the manufacture of methamphetamine, because the evidence was destroyed and therefore unreliable; and (2) allowing Olivia Woods, a caseworker with the Department of Social Services, to testify that Sexton did not appear at his children's custody hearings and did not show any interest in the children because the testimony was irrelevant and highly prejudicial.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2015-000636    The State, Respondent, v. Timothy James Wright, Appellant.

Kristy Grafton Goldberg of Law Office of Kristy Goldberg, LLC, of Columbia, 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 Alphonso Simon, Jr., all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Timothy James Wright appeals his sentences for murder and possession of a weapon during a violent crime, arguing the trial court erred in considering information during the sentencing hearing that was obtained from prior unrelated incident reports regarding crimes for which he was not convicted when he did not have notice the prior incident reports would be presented and he did not have an opportunity to rebut the information.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2015-002228    Edward W. Miller, Appellant, v. South Carolina Public Employee Benefit Authority, South Carolina Retirement Systems, Respondent.

Howard W. Paschal, Jr., of Greenville, for Appellant. Justin Richard Werner, of Columbia, for Respondent.

Edward W. Miller appeals the Administrative Law Court's (ALC's) order granting summary judgment in favor of South Carolina Public Benefit Authority and South Carolina Retirement Systems (collectively, Respondents), arguing the ALC erred in failing to find (1) Respondents owed him a fiduciary duty, (2) Respondents engaged in the practice of unequal treatment for similarly situated beneficiaries, and (3) Respondents were estopped from asserting a timeliness bar to his claim. Miller further contends the ALC denied him due process and equal protection by conducting a hearing without full and fair notice and failing to preserve a record.

 
Cases to be Submitted Without Oral Argument
2016-000278    The State, Respondent, v. Tommy Lee Wiseman, Appellant.

2016-000475    The State, Respondent, v. Richard A. Capell, Appellant.

2015-002483    The State, Respondent, v. Brandon Jermaine Benson, Appellant.

2016-000088    The State, Respondent, v. Robert Wilson, Appellant.

2016-000335    Tiffany M. Martin, Appellant, v. Glenda Simmons, Respondent.

2016-001647    Terrance J. McLeod, Appellant, v. Jarius Orel English-McMillan, Roland Shelley, Roland G. Shelley, II, Scott C. Shelley and Coastal Carolina University, Defendants, Of whom Coastal Carolina University is the Respondent.

2016-001779    The State, Respondent, v. Shameen Coker, Appellant.

2015-002425    Lionel Bradley, Petitioner, v. State of South Carolina, Respondent.

2016-000987    Randall Dixon, Appellant, v. Nationwide Property & Casualty Insurance Company, Respondent.

2015-000211    The State, Appellant, v. Frederick Scott Pfeiffer, Respondent.

2016-000402    The State, Respondent, v. Brandon Hunter Kenny Rivers, Appellant.

2016-000846    The State, Respondent, v. Tyrone Malcom Benn, Appellant.

2015-002620    The State, Respondent, v. Emmanuel Bashan Elleby, Appellant.

2016-002466    Dick Dyer & Associates, Inc., Appellant, v. Moore's Cars, LLC, Respondent.

2016-000307    The State, Respondent, v. Marquis Dellan Evans, Appellant.

2015-000995    The State, Respondent, v. Albert Edward Siders, Appellant.

2015-002290    The State, Respondent, v. Matthew Cory Dwyer, Appellant.

2016-000122    Edward A. Thompson, Appellant, v. Theresa Marie Thompson, Respondent.

2016-000816    In the Matter of the Care and Treatment of John H. Dorsey, Appellant.

2016-000950    The State, Respondent, v. Christopher Jermaine Wells, Appellant.

2015-002325    Roosevelt Reaves, Petitioner, v. State of South Carolina, Respondent.

2016-000505    Tracy Fulmore, Appellant, v. Julie Smith, Respondent.

2016-002315    Harvey R. Campbell, Jr., d/b/a Metal Construction and Roofing, Appellant, v. Lee Lyerly and Ellen Marie Stone Lyerly, Respondents.

2016-002439    Karl and Lisa Jobst, Respondents, v. Bryan Jobst, Brittany Martin, and South Carolina Department of Social Services, Defendants, Of whom Brittany Martin is the Appellant and South Carolina Department of Social Services is the Respondent. In the interest of a minor under the age of eighteen.

2015-002479    Vincent Rice, Petitioner, v. State of South Carolina, Respondent.

2016-002391    South Carolina Department of Social Services, Respondent, v. Donald Swink, Jr., Appellant. In the interest of a minor under the age of eighteen.

2015-000210    The State, Appellant, v. Arthur M. Field, Respondent.

2015-001934    The State, Respondent, v. Allen Massey, Appellant.