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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, December 3, 2018
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001785    The State, Respondent, v. Rhajon Akeem Reshae Sanders, Appellant.

Deputy chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

In this criminal appeal, Rhajon Akeem Reshae Sanders appeals his convictions of attempted murder and possession of a weapon during the commission of a violent crime. On appeal, Sanders argues the trial court erred in (1) failing to give an "act on appearances" charge to the jury, (2) refusing to admit evidence that Sanders lived in a high crime neighborhood, (3) refusing to allow Sanders to refer to this high crime neighborhood evidence through inferences during his closing argument, (4) failing to give a "no duty to retreat" charge to the jury, (5) confusing the jury as to the burden of proof in its self-defense charge, (6) overruling his objection to the State's questioning about whether police found drugs in his home, and (7) refusing to allow him to impeach a witness with the witness's prior inconsistent statement.

 10:40 a.m. (Time Limits: 10, 10, 15, 5, 5)  
2016-000208    State of South Carolina, Respondent, v. Aaron Van Hendrix, Appellant.

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

In these appeals of co-defendants Aaron Van Hendrix and Stacy Riden, Hendrix appeals his convictions of two counts of criminal sexual conduct with a minor (CSCM) in the first degree and one count of CSCM in the third degree, arguing the trial court erred in granting the State's request to redact portions of the victims' forensic interviews.

 10:40 a.m. (Time Limits: 10, 10, 15, 5, 5)  
2016-000234    The State, Respondent, v. Stacy Carol Riden, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

In these appeals of co-defendants Aaron Van Hendrix and Stacy Riden, Riden appeals her convictions of two counts of criminal sexual conduct with a minor (CSCM) in the first degree, one count of CSCM in the third degree, and one count of unlawful conduct toward a child. Riden argues the trial court erred in (1) denying her request to redact portions of the victims' forensic interviews, (2) admitting expert testimony of "child sexual abuse dynamics," and (3) denying her motion to sever.

Tuesday, December 4, 2018
Court Room I
 10:40 a.m. (Time Limits: 10-10-5)  
2016-001385    The State, Respondent, v. Heather Elizabeth Sims, Appellant.

L. Morgan Martin of Law Offices of L. Morgan Martin, P.A., of Conway, for Appellant. Benjamin Alexander Hyman of The Hyman Law Group, PA, of Conway, for Appellant. Blake A. Hewitt of Bluestein Thompson Sullivan LLC, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent.

Heather Sims appeals her conviction of voluntary manslaughter for which she was sentenced to twenty-five years' imprisonment, suspended to ten years' imprisonment and five years' probation. Sims argues the circuit court erred in charging the jury with voluntary manslaughter.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-001637    Melissa Leaphart Hagood, Appellant, v. James Buckner Hagood, Defendant; Melody "Suzie" Hagood Sharpe, 3rd Party Defendant, Respondents.

James Ross Snell, Jr., and Vicki D Koutsogiannis, both of Law Office Of James R. Snell, Jr., LLC, of Lexington, for Appellant. John S. Simmons of Simmons Law Firm, LLC, of Columbia, for Respondent Melody "Suzie" Hagood Sharpe. Peter George Currence of McDougall, Self, Currence & McLeod, LLP, of Columbia, for Respondent Melody "Suzie" Hagood Sharpe. Carrie Hall Tanner of Speedy, Tanner, Atkinson & Cook, LLC, of Camden, for Respondent James Buckner Hagood.

In this appeal from a divorce action, Melissa Hagood (Mother) argues the family court erred in (1) awarding joint custody of her minor child to James Hagood (Father) and Melody Hagood Sharpe (Sister), and ordering only supervised visitation with Mother; (2) refusing to admit child's diary into evidence; (3) ordering Mother to pay attorney's fees; and (4) finding Mother in willful contempt for failing to turn over the diary and for failing to pay child support.

 12:00 p.m. (Time Limits: 10-10-5)  
2016-001898    Melissa Leaphart Hagood, Appellant, v. James Buckner Hagood, Defendant. Melody "Suzie" Hagood Sharpe, Third Party Defendant. Of Whom James Buckner Hagood and Melody "Suzie" Hagood Sharpe are the Respondents.

James Ross Snell, Jr. and Vicki D Koutsogiannis, both of Law Office Of James R. Snell, Jr., LLC, of Lexington, for Appellant. Peter George Currence of McDougall, Self, Currence & McLeod, LLP, of Columbia, for Respondent Melody "Suzie" Hagood Sharpe. Carrie Hall Tanner of Speedy, Tanner, Atkinson & Cook, LLC, of Camden, for Respondent James Buckner Hagood.

In this appeal from a divorce action, Melissa Hagood (Wife) argues the family court erred in (1) characterizing the majority of the marital estate as the separate property of James Hagood (Husband), (2) equitably apportioning the majority of the marital estate to Husband, and (3) refusing to award alimony to Wife.

Wednesday, December 5, 2018
Court Room I
 11:20 a.m. (Time Limits: 10-10-5)  
2016-001842    Charleston Electrical Services, Inc., and Selective Insurance Company of South Carolina, as subrogee of Charleston Electrical Services, Inc., Appellants, v. Wanda G. Rahall, Respondent.

Andrew F. Lindemann of Lindemann, Davis & Hughes, PA, of Columbia, for Appellants. Edward K. Pritchard, III, of Pritchard Law Group, LLC, of Charleston, for Respondent. Elizabeth Fraysure Fulton of Hall Booth Smith, PC, of Mount Pleasant, for Respondent.

Thursday, December 6, 2018
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001903    South Carolina Department of Social Services, Respondent, v. James Wiseman and Judy Wiseman, Appellants. In the interest of a minor under the age of eighteen.

Stephen Gordon Dey of Dey Law Firm, LLC, of Charleston, for Appellants. Scarlet Bell Moore, of Greenville, for Respondent. Jessica Lynn Means of Hall & Means, LLC, of Charleston, for Guardian Ad Litem.

Pursuant to an investigation regarding minor child's (Minor's) allegations of abuse and neglect by her adoptive parents, Appellants James and Judy Wiseman (collectively, the Wisemans), the South Carolina Department of Social Services (SCDSS) indicted the Wisemans for excessive corporal punishment and abandonment. On appeal, the Wisemans argue the family court erred in finding they abandoned Minor. Specifically, they contend (1) the facts of the case do not support a finding of abandonment; (2) their fear of harm negated the intent necessary to establish a finding of abandonment; (3) a finding of abandonment cannot be supported when SCDSS admittedly could not and would not allow Minor to return to their home during the pendency of the investigation; and (4) the evidence shows their actions were dictated by force of circumstances and from dire necessity.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-001921    IN RE: Deborah Dereede Living Trust dated December 18, 2013, Hugh Dereede and Tyre Dealer Network Consultants, Inc., Respondents, v. Courtney Feeley Karp, Individually and As Trustee of the Deborah Dereede Living Trust dated December 18, 2013 and Michael Fehily, as a qualified beneficiary of the Deborah Dereede Living Trust dated December 18, 2013, Defendants, Of whom Courtney Feeley Karp, Individually and As Trustee of the Deborah Dereede Living Trust dated December 18, 2013, is the Appellant.

Desa Ballard and Harvey M. Watson, III, both of Ballard & Watson, Attorneys at Law, of West Columbia, for Appellant. Peter John Nosal and Carroll Jeter, III, both of Nosal & Jeter, LLP, of Fort Mill, for Appellant. John P. Gettys, Jr. and Daniel Joseph Ballou, both of Morton & Gettys, LLC, of Rock Hill, for Respondents.

In this appeal involving the administration of the Deborah Dereede Living Trust (the Trust), Courtney Feely Karp (Courtney or Trustee), individually and as Trustee, appeals the circuit court's: (1) exercise of subject matter jurisdiction because the terms of the Trust provided for disputes to be decided by a trust protector; (2) failure to grant summary judgment in favor of Trustee based on the trust protector's validation of Trustee's actions and the applicability of the Trust's no contest clause; (3) determination that Trustee's obligations regarding distributions to Hugh Dereede (Hugh) and his company (collectively Respondents), Tyre Dealer Network Consultants, Inc. (Tyre), were clear from the language of the Trust; (4) determination that Tyre was both a beneficiary and a creditor, and that Trustee violated her fiduciary duty with respect to Tyre; (5) failure to conclude that Respondents violated the no contest provision of the Trust and lacked probable cause to bring this action; (6) judgment against Courtney in her individual capacity; (7) award of attorneys' fees and costs to Respondents; and (8) exercise of subject matter jurisdiction to adjudicate a breach of fiduciary duty claim based on Respondents' allegations in their complaint.

 11:20 a.m. (Time Limits: 10-10-5)  
2017-000567    Robert Palmer, Appellant, v. State of South Carolina, Horry County, and David Weaver, Defendants, Of which State of South Carolina is the Respondent.

Gene McCain Connell, Jr. of Kelaher Connell & Connor, PC, of Surfside Beach, for Appellant. Roger Dale Johnson of Law Office of Roger Johnson, of Conway, for Appellant. Lisa Arlene Thomas of Thompson & Henry, PA, of Conway, for Respondent. Andrew F. Lindemann of Lindemann, Davis & Hughes, PA, of Columbia, for Respondent. Attorney General Alan McCrory Wilson, Solicitor General Robert D. Cook, and Deputy Solicitor General J. Emory Smith, Jr., all of Columbia, for Respondent.

Palmer appeals the trial court's dismissal of his case, arguing the trial court erred in finding there was no constitutional or civil remedy for a previous wrongful conviction.

 12:00 p.m. (Time Limits: 10-10-5)  
2016-001689    Robin Johnson and CQI Pharmacy Services, LLC, Respondents, v. Robert Little and CQI Oncology/Infusion Services, LLC, Appellants.

James McKinley Robinson of Robinson Law Firm, of Easley, for Appellants. Timothy G. Quinn, of Columbia, for Respondents. Natalie Joan Quinn, of Columbia, for Respondents.

Robert Little and CQI Oncology/Infusion Services, LLC (Little) appeals the trial court's order, arguing the trial court erred in: (1) finding Little breached the contract with Robin Johnson and CQI Pharmacy Services (Johnson); (2) requiring Little to indemnify Johnson against claims arising from the sale of business assets; (3) ordering judgment against Little; (4) entering judgment against Little under successor liability; and (5) entering judgment against Robert Little individually.

Tuesday, December 4, 2018
Court Room II
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001770    Jessica Orzech Thompson n/k/a Jessica Orzech Pares, Appellant, v. Robert Guignard Thompson, Respondent.

Gregory Samuel Forman of Gregory S. Forman, PC, of Charleston, for Appellant. Megan Catherine Hunt Dell of Dell Family Law, P.C., of Charleston, for Respondent. Theresa Marie Wozniak Jenkins of Theresa Wozniak Jenkins, Attorney at Law, LLC, of Flint, Michigan for Respondent.

In this domestic relations matter, Jessica Pares (Wife) appeals the family court's Order from Rule to Show Cause/Motion arguing the family court erred in (1) granting Robert Thompson (Husband) relief under his Rule 60(b)(5), SCRCP, Motion, specifically the requirement that the prior marital home be immediately marketed for sale; (2) refusing to give Wife one last opportunity to refinance the prior marital home; (3) not making Husband solely responsible for the lien with Palmetto Coastal Investments (the Palmetto lien); (4) awarding attorney's fees to Husband; and (5) not awarding attorney's fees to Wife.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2016-001773    West/Hobby, LLC, Respondent, v. County of Newberry, Appellant.

Patrick John Frawley of Davis Frawley, LLC, of Lexington, for Appellant. James L. Bruner and Benjamin C. Bruner, both of Bruner Powell Wall & Mullins, LLC, of Columbia, for Respondent.

 
Wednesday, December 5, 2018
Court Room II
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001725    The State, Respondent, v. Edward Primo Bonilla, 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 Assistant Attorney General Susannah Rawl Cole, all of Columbia, for Respondent. Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.

Edward P. Bonilla appeals his murder conviction, arguing the trial court erred by ruling he gave counsel his informed consent to reveal the location of the victim's body to law enforcement. He also contends the search warrants for two vehicles were defective and thus, the evidence obtained from them should have been suppressed. He further asserts the trial court erred in denying his request for an in camera hearing on the qualifications of a witness.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2017-000210    Vanessa Blackwell, a/k/a Jacqueline Blackwell, Respondent, v. Andrew J. Herring, Individually and as an employee/agent of Marion County Sheriff's Department; and Marion County Sheriff's Department, Defendants, Of which Marion County Sheriff's Department is the Appellant.

Douglas Charles Baxter of Richardson Plowden & Robinson, PA, of Myrtle Beach, for Appellant. Carmen Vaughn Ganjehsani of Richardson Plowden & Robinson, PA, of Columbia, for Appellant. Eric Marc Poulin of Anastopoulo Law Firm, LLC, of Charleston, for Respondent. Roy T. Willey, IV, of Charleston, for Respondent.

On appeal, the Marion County Sheriff's Department (MCSD) argues the circuit court erred by (1) admitting into evidence Vanessa Blackwell's medical bills that lacked a proper foundation, (2) excluding eyewitness testimony that Blackwell was walking in the roadway minutes before Andrew Herring struck her, (3) refusing to inquire during voir dire whether any juror encountered MCSD, held strong opinions about MCSD, or held strong opinions about certain law enforcement practices, (4) allowing Blackwell to discuss matters not in evidence and to impermissibly appeal to the passions of the jury during closing argument, and (5) denying MCSD's motion for a new trial absolute.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2017-000234    Georgetown County, Appellant, v. Davis & Floyd, Inc., Republic Contracting Corporation, S&ME, Inc., The South Carolina Department of Transportation and The City of Georgetown, Defendants, Of whom The South Carolina Department of Transportation and the City of Georgetown are the Respondents.

Louis H. Lang and George Albert Taylor, both of Callison Tighe & Robinson, LLC, of Columbia, for Appellant. David Leon Morrison of Morrison Law Firm, LLC, of Columbia, for Respondent City of Georgetown. Lisa A. Reynolds of Anderson Reynolds & Stephens, LLC, of Charleston, for Respondent South Carolina Department of Transportation.

Georgetown County (the County) appeals the circuit court orders granting the City of Georgetown (the City) and the South Carolina Department of Transportation's (SCDOT's) motion to dismiss the County's inverse condemnation claim and denying the County's motion to reconsider. On appeal, the County argues the circuit court erred by ruling (1) the County was not entitled to just compensation under the Takings Clause of the South Carolina Constitution, (2) the County was not entitled to just compensation under the South Carolina Eminent Domain Procedure Act and the State Authorities Eminent Domain Act, and (3) that public policy does not require SCDOT and the City to pay just compensation to the County.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2016-000621    The State, Respondent, v. Maurice Harris, Appellant.

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, of Columbia, for Respondent. Assistant Attorney General Vann Henry Gunter, Jr., for Respondent. Susan Ranee Saunders of McGowan Hood & Felder, LLC, of Mount Pleasant, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Maurice Harris appeals his convictions for criminal sexual conduct with a minor, arguing the trial court erred in charging the jury that the victim's testimony did not require corroboration for conviction in light of State v. Stukes, 416 S.C. 493, 787 S.E.2d 480 (2016). Harris maintains the giving of the challenged instruction did not constitute harmless error.