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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, October 12, 2020
Webex
 10:00 a.m. (Time Limits: 10-10-5)  
2017-002306   The State, Appellant, v. Leon LaGwan Barksdale, Respondent.

Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia, for Appellant. David Alexander, of Columbia, for Respondent.

The State appeals the circuit court's ruling to suppress incriminating statements that Barksdale made in response to an officer's questions regarding Barksdale's alcohol consumption prior to a traffic accident. The State argues (1) no evidence exists within the record to support the court's ruling that Barksdale was in custody at the time he was questioned regarding his alcohol consumption; (2) the court erred by utilizing an incorrect definition of 'custody' as set forth in Miranda v. Arizona and its lineage; and (3) the court improperly relied on the subjective intentions and knowledge of the officer that questioned Barksdale rather than the totality of the circumstances.

 
Tuesday, October 13, 2020
Webex
 10:00 a.m. (Time Limits: 10-10-5)  
2018-000252   Stephanie Collins, Respondent. v. Gary Collins, Appellant.

James Calhoun Pruitt, Jr. and Joshua Brent Raffini, both of Pruitt & Pruitt, of Anderson, for Appellant. Samuel C. Weldon, of Greenville, for Respondent.

In this divorce action, Gary Collins appeals the value the family court assigned to real property. He also argues the family court erred in ordering a lump sum payment that in effect requires him to sell assets. He further requests that the attorney's fees be reviewed in light of any changes made on appeal.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2017-002393   The State, Respondent, v. Russell Levon Johnson, Appellant.

Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent.

Russell Levon Johnson was charged with kidnapping and first-degree domestic violence. Johnson was convicted of the domestic violence charge but acquitted of the kidnapping charge. He appeals his conviction, arguing the circuit court erred in admitting evidence of conduct in other jurisdictions without instructing the jury that the domestic violence charge had to be supported by evidence within the jurisdiction.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2018-000188   Orveletta Alston as Personal Representative of the Estate of Willie Earl Alston, Sr. Respondent, v. Conway Manor, LLC, Raymond Tiller, and John and Jane Does 1-10, Appellants.

W. McElhaney White, of Holcombe Bomar, PA, and Joshua Tate Thompson, of Boulier Thompson & Barnes, P.A, both of Spartanburg, for Appellants John and Jill Does 1-10, Raymond Tiller, and Conway Manor. Ernest Latony Dessausure, of Dessausure Law Firm, of Columbia, and Daniel Nathan Hughey, Bradley Hunter Banyas, and Arthur Stuart Hudson, all of Hughey Law Firm, LLC, of Mt. Pleasant, for Respondent.

On appeal, Conway Manor, LLC, Raymond Tiller, and John and Jane Does 1-10 (collectively, Appellants), argue the circuit court erred in denying their motion to compel arbitration because (1) Kimberly Alston-Wood (Daughter) had capacity to enter into the Admission Agreement containing the arbitration provision at issue pursuant to both the Adult Health Care Consent Act and the South Carolina Bill of Rights for Residents of Long Term Care Facilities; (2) Orveletta Alston, as Personal Representative of the Estate of Willie Earl Alston, Jr. (Respondent) is equitably estopped from asserting claims founded in duties arising out of the Admission Agreement while simultaneously attempting to disclaim the arbitration provision contained therein; (3) Mr. Alston was the intended and direct beneficiary of the Admission Agreement containing the arbitration provision; (4) the Federal Arbitration Act mandates arbitration since Daughter had authority to enter the Admission Agreement and the Respondent's claims fall within the scope of the arbitration provision; and (5) the Admission Agreement and the Facility Binding Arbitration Agreement merged, meaning that the Facility Binding Arbitration Agreement also requires arbitration.

 
Wednesday, October 14, 2020
Webex
 10:00 a.m. (Time Limits: 10-10-5)  
2017-002553   The State, Respondent, v. Tommy Lee Benton, Appellant.

Chief Appellate Defender Robert Michael Dudek and Robert Walker Humphrey, II, of Willoughby & Hoefer, PA, of Charleston, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, and Senior Assistant Deputy Attorney General Melody Jane Brown, all of Columbia, for Respondent.

Tommy Lee Benton appeals his convictions for murder, first degree burglary, first degree arson, and third degree arson, arguing the circuit court erred in (1) trying his case after previously granting a mistrial on these charges; (2) admitting into evidence text and internet messages when the State failed to show that Benton sent or received them; and (3) admitting into evidence crime scene photographs, which lacked probative value and inflamed the passions of the jury.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2017-002639   South Carolina Department of Consumer Affairs, Appellant, v. Cash Central of South Carolina LLC, Respondent.

James Cochran Copeland and Kelly Hunter Rainsford, both of Columbia, for Appellant. James Y. Becker and Mary M. Caskey, of Haynsworth Sinkler Boyd, PA, both of Columbia; and Sarah P. Spruill, of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent.

The South Carolina Department of Consumer Affairs appeals the circuit court's order granting final judgment in favor of Cash Central, arguing the court erred by failing to order Cash Central to refund millions of dollars of illegally collected excess charges based on its defense of substantial compliance and the bona fide error defenses of sections 37-3-201(6) and 37-5-202(7) of the South Carolina Code.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2017-002599   The State, Respondent, v. Ronnie Carrol Tucker, Defendant, Bail Out Bonding (Surety), Appellant.

Kenneth Clifton Gibson, of The Law Office of Kenneth Gibson, of Greenville, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

Bail Out Bonding appeals the decision of the circuit court to estreat the surety bond for Tucker, who initially was accepted into the Pre-Trial Intervention program, but later failed to comply with the program and failed to appear in court. Bail Out Bonding contends entry into PTI constitutes a deferred disposition status on the matter under the SC Code of Laws and relieves the company of its surety obligation. The State asserts the court properly estreated the bond because the PTI program does not constitute a "deferred disposition" under the Code.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2018-000358   The State, Respondent, v. Rashawn Vertez Carter, Appellant.

Attorney General Alan McCrory Wilson and Joshua Abraham Edwards, both of Columbia, for Respondent. David Alexander, of Columbia, for Appellant.

Rashawn Vertez Carter appeals his convictions for first degree burglary, kidnapping, armed robbery, possession of a firearm by a person convicted of a violent felony, and possession of a weapon during the commission of a violent crime, arguing the circuit court erred in (1) admitting his interview into evidence when he was detained following the warrantless use of his cell phone to track his location, and (2) admitting into evidence the unredacted video of his interview with police, which contained hearsay, accusations Carter was lying, and burden-shifting comments.

 
Thursday, October 15, 2020
Webex
 10:40 a.m. (Time Limits: 10-10-5)  
2018-000230   Arrowpointe Federal Credit Union, Respondent, v. Jimmy Eugene Bailey; Laura Jean Bailey; and U.S. Bank National Association not in its individual capacity but solely in its capacity as Indenture Trustee for WVUE 2015-1, Defendants, Of which U.S. Bank National Association not in its individual capacity but solely in its capacity as Indenture Trustee for WVUE 2015-1 is the Appellant.

Andrew Bryant Walker and Shaun C. Blake, both of Rogers Lewis Jackson Mann & Quinn, LLC, of Columbia, for Appellant. Sean Matthew Foerster, of Rogers Townsend LLC, of Columbia, for Appellant. Jonathan McKey Milling, of Milling Law Firm, LLC, and Christy Curtis Jones, of Sherpy & Jones, PA, both of Columbia, for Respondent.

ArrowPointe Federal Credit Union filed this action against Jimmy Eugene Bailey, Laura Jean Bailey, and JP Morgan Chase Bank, seeking foreclosure of a mortgage and a declaration that its mortgage be declared a first lien. Appellant appeals the special referee's order granting ArrowPointe summary judgment and ordering foreclosure, arguing the referee erred in finding (1) South Carolina does not recognize the doctrine of replacement mortgage, (2) ArrowPointe suffered material prejudice by the application of the replacement mortgage doctrine, and (3) the existence of material prejudice under the replacement mortgage doctrine defeats the priority of the replacement mortgage.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2018-000259   The State, Respondent, v. Samuel Jolly, Appellant.

Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Joshua Abraham Edwards, both of Columbia, for Respondent.

In this CSC First Degree and Lewd Act with a Minor case, the Appellant argues the trial court abused its discretion in 1) finding Appellant's indictments were not vague or overbroad; 2) failing to exclude evidence of prior bad acts against the Minor Victim; 3) admitting opinion evidence from a medical doctor without properly qualifying the doctor as an expert; and 4) admitting expert testimony from the doctor regarding an exam she had completed on Minor Victim when the photographs taken during the exam were lost or destroyed.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2018-000136   The State, Appellant, v. Adam Keith Lunsford, Respondent.

Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Appellant. Christopher David Kennedy and N. Douglas Brannon, both of Kennedy & Brannon, P.A., of Spartanburg, for Respondent.

The State appeals from the trial court's order granting Lunsford's request for immunity on his charges for attempted murder, assault and battery of a high and aggravated nature (ABHAN), and pointing or presenting a firearm. The State argues the trial court erred in ruling Lunsford was entitled to immunity from prosecution under the Protection of Persons and Property Act (the Act) because (1) he acted unlawfully by threateningly brandishing a firearm at Daniel Hull (Victim) during the course of the incident, (2) he was not actually under attack at the time he shot Victim, and (3) he could not validly raise a claim of self-defense.

 
Cases to be Submitted Without Oral Argument
2017-002385    Anthony Derone Richardson, Appellant, v. State of South Carolina, Respondent.

2018-000145    Ricky Bowman, Petitioner, v. State of South Carolina, Respondent.

2018-002044    Leroy Clifton Gibbs, III, Petitioner, v. State of South Carolina, Respondent.

2017-002316    Reginald Canty, Petitioner, v. State of South Carolina, Respondent.

2017-001351    Gregory V. Smith, Respondent, v. State of South Carolina, Petitioner.

2018-001169    Wayne Michael Smith, Petitioner, v. State of South Carolina, Respondent.

2018-001822    Christopher E. Smith, Petitioner, v. State of South Carolina, Respondent.

2018-000139    Ronald Edward Gooden, Petitioner, v. State of South Carolina, Respondent.

2017-001769    Isaac Glenard Lyles, Petitioner, v. State of South Carolina, Respondent.

2018-000555    Joshua A. Reed, Petitioner, v. State of South Carolina, Respondent.

2018-000193    Joseph Richard Graddick, Petitioner, v. State of South Carolina, Respondent.

2018-001498    James Benjamin Irby, Petitioner, v. State of South Carolina, Respondent.

2019-000999    Maurice A. McCreary, Petitioner, v. State of South Carolina, Respondent.

2019-000408    Kelvin Eugene Cohen, Petitioner, v. State of South Carolina, Respondent.

2017-002555    The State, Respondent, v. Kyrief Deshawn Larnelle Kelly, Appellant.

2018-001073    Jed D. Wheeler, Petitioner, v. State of South Carolina, Respondent.

2018-000630    Shawn Reaves, Petitioner, v. State of South Carolina, Respondent.

2018-000371    Richard Todd Culberson, Petitioner, v. State of South Carolina, Respondent.

2018-000646    Lewis Chisolm, Petitioner, v. State of South Carolina, Respondent.

2018-000627    Titus Niccola Lee Rouse, Respondent, v. State of South Carolina, Petitioner,

2017-001866    The State, Respondent, v. Larry Cornish, Appellant.

2019-000480    Kristopher Block, Petitioner, v. State of South Carolina, Respondent.

2018-001213    The State, Respondent, v. David Allen Tindal, Jr., Appellant.

2018-000089    Alonza Dennis, Petitioner, v. State of South Carolina, Respondent.

2018-000847    Tarus Tremaine Henry, Sr., Petitioner, v. State of South Carolina, Respondent.

2018-000749    Kenneth Bryant Evans, II, Petitioner, v. State of South Carolina, Respondent.

2018-000602    David W. Chiles, Petitioner, v. State of South Carolina, Respondent.

2018-000892    Timothy Earl Beheler, Petitioner, v. State of South Carolina, Respondent.

2018-000151    Steven Lee Morgan, Petitioner v. State of South Carolina, Respondent.

2019-000112    Christopher Cooper, Petitioner, v. State of South Carolina, Respondent.

2018-000497    Margaret M. Driggers, Petitioner, v. State of South Carolina, Respondent.

2018-001548    Robert J. Phipps, Petitioner, v. State of South Carolina, Respondent.

2018-002043    David A. Young, Petitioner, v. State of South Carolina, Respondent.

2018-000628    Edward Anthony, Petitioner, v. State of South Carolina, Respondent.

2019-001942    South Carolina Department of Social Services, Respondent, v. Leianne Ruth Hudgins, Robert Eveland, and Amber Echerd, Defendants, Of whom Leianne Ruth Hudgins and Robert Eveland are Appellants. In the interest of a minor under the age of eighteen.

2017-002302    Mitchell Rivers, Petitioner, v. State of South Carolina, Respondent.

2018-002183    Demetrius Summers, Petitioner, v. State of South Carolina, Respondent.

2018-001585    Bryan Holder, Petitioner, v. State of South Carolina, Respondent.

2018-000150    DeVante Simmons, Petitioner, v. State of South Carolina, Respondent.

2018-001792    Michael P. Cornelius, Petitioner, v. State of South Carolina, Respondent.

2018-001727    The State, Respondent, v. Travis Lamont Gathers, Appellant.

2017-002556    Kendeal Jones, Petitioner, v. State of South Carolina, Respondent.

2018-001202    Dwayne Chisolm, Petitioner, v. State of South Carolina, Respondent.

2018-001820    Shannon DeVante Cooper, Petitioner, v. State of South Carolina, Respondent.

2017-001820    Dominique Cash, Petitioner, v. State of South Carolina, Respondent.

2018-001409    Julie L. Gordon-Gookins, Petitioner, v. State of South Carolina, Respondent.

2018-001059    Richard Lanard Sprinkle Mavins, Petitioner, v. State of South Carolina, Respondent.

2017-002417    Larry Brent Horton, Petitioner, v. State of South Carolina, Respondent.

2018-000410    Conrad Antonio Allen, Petitioner, v. State of South Carolina, Respondent.

2018-002279    Timothy Crosby, Petitioner, v. State of South Carolina, Respondent.

2018-000758    Efrain Matos Rivera, Petitioner, v. State of South Carolina, Respondent.

2017-002256    Christopher Eric Russell, Respondent, v. State of South Carolina, Petitioner.