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Supreme Court Seal
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, November 2, 2021
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2018-000952    The State, Respondent, v. Dazzelle Demarcus Smith, Appellant.

William G. Yarborough, III and Lauren Carole Hobbis, both of William G. Yarborough III, Attorney at Law, LLC, of Greenville, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent.

 11:20 a.m. (Time Limits: 10-10-5)  
2020-001239    Covil Corporation, by and through its duly appointed Receiver, Peter D. Protopapas, Respondent, v. Pennsylvania National Mutual Casualty Insurance Company, Appellant.

David Grant Harris, II, of Greensboro, NC, for Appellant. Jescelyn Tillman Spitz, of Rikard & Protopapas, LLC, of Columbia; G. Murrell Smith, Jr., of Smith Robinson Holler DuBose Morgan, LLC, of Sumter; and Jonathan M. Robinson and Shanon N. Peake, both of Smith Robinson Holler DuBose Morgan, LLC, of Columbia, all for Respondent.

Covil Corporation, by and through its duly appointed Receiver, Peter D. Protopapas (Covil), filed this action against Pennsylvania National Mutual Casualty Insurance Company (Penn) alleging breach of insurance contracts for Penn's failure to participate in the settlement of an underlying claim against Covil. Penn appeals the circuit court's order granting partial summary judgment to Covil, arguing the court erred in (1) granting partial summary judgment where Covil's motion was not supported by sworn affidavits and summary judgment was premature; (2) finding Covil's late notice of the underlying claim did not bar coverage; and (3) holding coverage existed despite products hazard and operations hazard exclusions in the Penn insurance contracts.

 12:00 p.m. (Time Limits: 10-10-5)  
2018-001293    Jakarta Deshon Young, #276572, Respondent, v. South Carolina Department of Corrections, Appellant.

Kensey Barrett, of Columbia, for Appellant. Susan Barber Hackett, of Columbia; and Blake Terence Williams, of Nelson Mullins Riley & Scarborough, LLP, of Columbia, both for Respondent.

Wednesday, November 3, 2021
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-000125    The Charleston County School District, Appellant, v. Charleston County, South Carolina; The Charleston County Board of Zoning Appeals; and Joel Evans in his capacity as Director of the Charleston County Zoning and Planning Department, Respondents.

Jamie A. Khan and Ross A. Appel, both of McCullough Khan, LLC, of Mt. Pleasant, for Appellant. Jeremy E. Bowers, of Barnwell Whaley Patterson & Helms, LLC, of Charleston; and Bernard E. Ferrara, Jr. and L. Knisley, Jr., both of North Charleston, all for Respondents.

In this civil matter, the Charleston County School District (the District) appeals the circuit court's order affirming the findings of the Charleston County Board of Zoning Appeals (the BZA), which affirmed the administrative decision of the Charleston County Planning Director (the Planning Director) to deny the District's request seeking an extension to complete the conditions of its site plan approval.

 10:40 a.m. (Time Limits: 10-10-5)  
2019-000021    Sara Katherine Waldrop Ridgeway, Respondent, v. Ralph Riggie Ridgeway, Appellant.

Oscar W. Bannister, of Bannister, Wyatt & Stalvey, LLC, of Greenville, for Appellant. Robert Scott Dover, of Law Offices of Scott Dover, of Pickens, for Respondent.

In this appeal, Appellant Ralph Ridgeway argues the family court erred in not giving more weight to the fault factor in its equitable division of the parties' marital assets because Respondent Sara Ridgway ended their nearly fifty-year marriage with comfortable retirement assets in place to be with another man.

 11:20 a.m. (Time Limits: 10-10-5)  
2018-001964    Samuel Paulino, Claimant, Respondent, v. Diversified Coatings, Inc., Employer, and Amguard Ins. Co., Carrier, Appellants.

George D. Gallagher, of Speed, Seta, Martin, Trivett & Stubley, LLC; and Kevin Desmond Maroney, of Rogers Lewis Jackson Mann & Quinn, LLC, both of Columbia, for Appellants. Stephen N. Garcia, of Garcia Law Firm, LLC, of Greenville, for Respondent.

In this workers' compensation case, Diversified Coatings, Inc. (Appellant) argues the South Carolina Workers' Compensation Commission (the Commission) erred in affirming the single commissioner's order finding Samuel Paulino (Claimant) permanently and totally disabled from a work-related back injury.

Wednesday, November 10, 2021
Courtroom I
 10:00 a.m. (Time Limits: 15-15-5)  
2018-000911    The State, Respondent, v. Gregory Sanders, Appellant.

Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Michael Douglas Ross, all of Columbia, for Respondent.

Gregory Sanders appeals his convictions for murder and possession of a weapon during the commission of a violent crime, arguing the trial court erred in admitting a text message into evidence because the text message was (1) not properly authenticated and (2) inadmissible hearsay.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-001041    The State, Respondent, v. Isaiah Gadson, Jr., Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and William Joseph Maye, all of Columbia, for Respondent.

Isaiah Gadson, Jr. appeals his convictions for murder, first degree criminal sexual conduct (CSC), kidnapping, and armed robbery arising from a 1980 incident, arguing the circuit court erred in admitting evidence of his 1983 plea to assault and battery of a high and aggravated nature (ABHAN) as a subsequent bad act.

Wednesday, November 10, 2021
Courtroom II
 10:00 a.m. (Time Limits: 15-15-5)  
2018-002166    Kevin M. Granatino, Appellant, v. Calvin Williams, Clemson University, South Carolina Department of Transportation and Thrift Development Corporation, Defendants, Of which South Carolina Department of Transportation and Thrift Development Corporation are the Respondents.

Stephen R.H. Lewis, of Covington, Patrick, Hagins, Stern & Lewis, LLC., of Greenville; Steven Edward Buckingham, of The Law Office of Steven Edward Buckingham, LLC, of Greenville; and George L. Marlette, III of Norwell, MA, all for Appellant. James W. Logan, Jr., of Logan Jolly & Smith, LLP, of Anderson, for Respondent South Carolina Department of Transportation. Charles Stuart Mauney and William Thomas Young, III, both of Gallivan, White & Boyd, PA, of Greenville; and Robert Daniel Corney, of The Derrick Law Firm, of Conway, all for Respondent Thrift Development Corporation.

This is an appeal of a summary judgment granted to the Department of Transportation and a construction services company in a personal injury case filed by a Clemson student who was hit while crossing a road near the university. The circuit court found the plaintiff's negligence exceeded 50% as a matter of law, that there was a lack of proximate cause, and that the plaintiff failed to secure an expert to provide necessary testimony.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2018-001572    The State, Respondent, v. Lance Antonio Brewton, Appellant.

Adam Sinclair Ruffin, of Columbia, for Appellant. Attorney General Alan McCrory and William Frederick Schumacher, IV, both of Columbia, for Respondent.

Lance Antonio Brewton appeals his conviction for murder. He contends the trial court erred in (1) failing to instruct the jury on the lesser included offense of involuntary manslaughter; (2) failing to instruct the jury on the defense of accident; (3) prohibiting him from testifying he believed the victim's mother cast a spell on him that caused him to hear voices; and (4) allowing him to be impeached with his strong-arm robbery conviction from 1999.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2019-000182    Donald Stanley and Sean Reiter, Individually and as Class Representatives, Respondents, v. Southern States Police Benevolent Association, Inc., Appellant.

James Edward Bradley, of Moore Bradley Myers, PA, of West Columbia; Barry Goheen, of Atlanta, GA; and James Andrew Yoho, of Boyle, Leonard & Anderson, P.A., of Charleston, all for Appellant. Andrew John Savage, III. of Savage Law Firm, of Charleston; Joseph C. Wilson, IV, of Joseph C. Wilson Law Firm LLC, of Folly Beach; Daniel Francis Lynch, IV, and Carl Everette Pierce, II, both of Pierce, Sloan, Wilson, Kennedy & Early, LLC, of Charleston; Scott Michael Mongillo and Ronald L. Richter, Jr., both of Bland Richter, LLP, of Charleston; and Eric Steven Bland, of Bland Richter, LLP, of Columbia, all for Respondents.

The Southern States Police Benevolent Association, Inc. appeals the order certifying a class action lawsuit against them, asserting the order included a ban on communication regarding the lawsuit, which amounted to an injunction.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2019-000009    Tyrin S. Young, Sr., Individually, as PR of the Estates of Tyrin Young, Jr. and Micah A. Young and as Legal Guardian of J.Y, a minor under the age of 14, Appellant, v. USAA General Indemnity Company, Respondent.

Russell Franklin Guest and Richard Kingsley Allen, III, both of Guest & Brady, LLC, of Greenville, for Appellant. Patrick L. Still, III, of Clawson & Staubes, LLC, of Greenville; and Julie Amanda Coleman, of Clawson & Staubes, LLC, of Columbia, both for Respondent.

Tyrin S. Young brought this declaratory judgment action arguing a USAA General Indemnity Company policy issued in California should be reformed pursuant to section 38-61-10 of the South Carolina Code so that underinsured motorist coverage could be stacked upon the coverage of a South Carolina policy insuring the vehicle involved in the accident.

 
Cases to be Submitted Without Oral Argument
2018-001891    The State, Respondent, v. Jyquez Julius Freeman, Appellant.

2016-001979    William H. McCladdie, Petitioner, v. State of South Carolina, Respondent.

2018-001643    Mitchell Logan Hinson, Petitioner, v. State of South Carolina, Respondent.

2019-000942    The State, Respondent, v. Charles M. Mitchell, Appellant.

2019-000722    The State, Respondent, v. Adriel Nicholas Garnett, Appellant.

2020-000180    The State, Respondent, v. Damaine Antron McCoy, Appellant.

2019-000613    James M. Stevenson, Claimant, Appellant, v. Arnold Laney D/B/A Metal & Roofing Shingle Pros, Employer, and South Carolina Workers' Compensation Uninsured Employers' Fund, Defendants, Respondents.

2018-002216    Shana Robinson, Petitioner, v. State of South Carolina, Respondent.

2019-001313    The State, Respondent, v. Tequan Martrell Holmes, Appellant.

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

2020-000812    The State, Respondent, v. Anthony Termaine Avera, Appellant.

2019-001190    Tammy Jordan, Respondent, v. The Hartford Financial Group, Inc., Resurgent Capital Services, Employer, Interstate Contact Cleaning Services, Inc. Third Party Tortfeasor, Of which The Hartford Financial Group, Inc. is the Appellant.

2020-000243    The State, Respondent, v. Quinton Tywan McClinton, Appellant.

2020-000101    The State, Respondent, v. Jamel Dajour Williams, Appellant.

2020-000453    The State, Respondent, v. Roshamel Donshea Parker, Appellant.

2019-001741    The State, Respondent, v. James Lamar Ficklin, Appellant.

2020-000231    The State, Respondent, v. Joey Dean Coleman, Appellant.

2020-000549    The State, Respondent, v. David M. Barajas, Appellant.

2020-000250    The State, Respondent, v. Montrell Graham, Appellant.

2019-001252    Charles F. Burton, Appellant, v. Lexington County Solicitor, Respondent.

2019-000934    Bernard Bagley, 175851, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

2019-001054    Kevin Ralph Richard, Appellant, v. Facebook, Inc., a Delaware Corporation and Maleko Kirk Malepeai, individually, Defendants, Of which Facebook, Inc., a Delaware Corporation, is the Respondent.

2019-000983    The Bank of New York Mellon, f/k/a The Bank of New York, as trustee for the certificate holders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-16, Respondent, v. Janet M. Smith, Portfolio Recovery Associates, LLC, and James E. Byrdic, Defendants. Of whom Janet M. Smith is the Appellant.

2020-001634    E.G. and J.J., by and through their Guardian ad Litem, John D. Elliott, Appellants, v. South Carolina Department of Social Services, F/N/U Montgomery, Katray Washington, Brigid Kennedy, and Avone Hunter, Respondents.

2020-000386    The State, Respondent, v. Jody Mack Childress Jr., Appellant.

2019-000124    The State, Respondent, v. Malik Jabree Singleton, Appellant.

2020-001484    The State, Respondent, v. Timothy William Pyle, Appellant.

2020-000608    The State, Respondent, v. Jerry Jerome Davis, Appellant.

2019-001452    The State, Respondent, v. Martin Darriel Pittman, Appellant.

2018-001674    John Upson, Respondent, v. State of South Carolina, Petitioner.

2019-000477    The State, Respondent, v. Lawton Leroy Holloway, Appellant.

2019-001181    Twin Bridge Logistics, LLC n/k/a Twin Bridge Transport, LLC, Appellant, v. Fisher Tank Company, f/k/a Fisher Tank Company, Inc., Respondent.

2019-001708    The State, Respondent, v. Robert Darrell Shores, Appellant.

2019-001393    The State, Respondent, v. Allen Angelo Fields, Appellant.

2019-001483    The State, Respondent, v. William Johnathan Brunson, Appellant.

2019-001429    The State, Respondent, v. Jason Carlton Booth, Appellant.

2019-000072    Lorgio D. Morales, Petitioner, v. State of South Carolina, Respondent.