Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
Court of Appeals - Roster of Cases for Hearing

June 2016

Go to previous month  PREV June 2016 NEXT   Go to next month



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, June 6, 2016
Court Room I
11:00 a.m. (Time Limits: 10-10-5)
2014-002151    Tina G. McMillan, Respondent, v. Jimmy Dan McMillan, Appellant.

Bruce Wyche Bannister and Luke Anthony Burke, both of Bannister, Wyatt & Stalvey, LLC, of Greenville, for Appellant. Christopher David Kennedy and N. Douglas Brannon, both of Kennedy & Brannon, P.A., of Spartanburg, for Respondent.

In this family court action between Tina G. McMillan (Wife) and Jimmy Dan McMillan (Husband), Husband appeals the final order, arguing the family court erred in (1) finding the parties' work for Husband's businesses during the marriage constituted a basis for transmutation; (2) finding Husband's business created prior to the marriage was transmuted when no marital funds were used to increase the equity in the business; (3) finding two businesses Husband created during the marriage were marital property when they were acquired in exchange for nonmarital property; (4) finding three businesses Husband created during the marriage were marital property when the majority of funds contributed to them were nonmarital; (5) finding Husband did not have a nonmarital interest in his retirement accounts; (6) finding Wife's jewelry acquired during the marriage was nonmarital property; (7) dividing the marital estate without weighing the statutory factors for equitable division; and (8) sealing the record without the consent of the parties or consideration of the necessary factors.

 
11:45 a.m. (Time Limits: 10-10-5)
2014-002393    Todd Olds, Appellant, v. City of Goose Creek, Respondent.

Thomas R. Goldstein of Belk Cobb Infinger & Goldstein, PA, of Charleston, for Appellant. Timothy Alan Domin of Clawson & Staubes, LLC, of Charleston, for Respondent.

In this action between Todd Olds and the City of Goose Creek (City), Olds appeals the circuit court's order affirming the City Council's decision denying his appeal of a City business license tax. Olds argues the circuit court erred in finding the City (1) acted within its authority under the state constitution by levying the tax on the gross receipts of his business and (2) properly applied a City ordinance imposing the tax on gross income. Additionally, Olds appeals the circuit court's decision finding he was not entitled to relief for a violation of procedural due process based on the City's administrative appellate procedure. Finally, Olds appeals the circuit court's grant of summary judgment as to various claims he brought against the City, arguing the circuit court erred in granting summary judgment because evidence demonstrated City employees violated his constitutional rights and singled him out for disparate and arbitrary treatment.

 
Wednesday, June 8, 2016
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2014-000199    The State, Respondent, v. Arthur Moseley, Appellant.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, for Respondent. Solicitor Ernest Adolphus Finney, III, of Sumter, for Respondent.

Arthur Moseley appeals his convictions and sentences for murder, attempted armed robbery, criminal conspiracy, and possession of a weapon during a violent crime. He contends the trial court erred in allowing him to represent himself when he informed the court of his history of mental illness. He also maintains his right to a speedy trial was violated when his trial was held thirteen years after the commission of the crime and eight years after his arrest.

 
10:40 a.m. (Time Limits: 10-10-5)
2014-001679    The State, Respondent, v. Vivian Lynn Schrader-Falls, Appellant

Benjamin Rogers Gooding and Beth B. Richardson, both of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent.

Vivian Schrader-Falls appeals her conviction for murder, arguing the trial court erred in requiring her to testify prior to an expert witness.

 
11:20 a.m. (Time Limits: 10-10-5)
2014-002331    The State, Respondent, v. Darryl Wayne Moran, Appellant.

John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Susannah Rawl Cole, both of Columbia, for Respondent. Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

Darryl Wayne Moran appeals his conviction for conspiracy arguing the trial court erred in denying his motions for a directed verdict and a new trial. He also argues Wharton's Rule precludes his conspiracy conviction.

 
Thursday, June 9, 2016
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2014-001665    The State, Respondent, v. Gary Cliffton Hamilton, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

Gary Cliffton Hamilton appeals his convictions for criminal sexual conduct with a minor in the first degree and committing a lewd act upon a minor. On appeal, Hamilton argues the trial court erred in admitting the testimony of a "so-called expert" in child abuse dynamics because the testimony concerned information within the realm of lay knowledge, the State presented no evidence of the expert's reliability, the testimony improperly bolstered the minor complainant's credibility, and the testimony was unfairly prejudicial to Hamilton.

 
10:40 a.m. (Time Limits: 10-10-5)
2014-002423    The State, Respondent, v. David A. Land, Appellant.

Clarence Rauch Wise, of Greenwood, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., of Columbia, for Respondent.

Appellant argues the circuit court erred in denying his motion for a directed verdict because the State failed to provide sufficient proof for a reasonable jury to conclude Appellant knowingly distributed or exchanged pictures or videos of a minor engaged in a sexual act pursuant to section 16-15-405(A) of the South Carolina Code (2015).

 
11:20 a.m. (Time Limits: 10-10-5)
2014-002416    William Lee Turner, Employee, Appellant, v. SAIIA Construction, Employer, and Old Republic General Insurance Corporation c/o Gallagher Bassett Services, Inc., Carrier, Respondents.

Preston F. McDaniel of McDaniel Law Firm, of Columbia, for Appellant. Jason Wendell Lockhart and Helen Faith Hiser, both of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondents.

William Lee Turner appeals the Appellate Panel of the South Carolina Workers' Compensation (the Commission) decision and order denying him benefits under the Workers' Compensation Act. Turner argues the Commission erred in: (1) failing to apply the presumption that his injury arose out of and in the course of employment because his injury was unexplained; (2) affirming the Single Commissioner's findings of fact; (3) finding he did not establish a cause for the accidental injury; and (4) allowing Respondents to draft the Commission's order.

 
Wednesday, June 15, 2016
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2014-000051    The State, Respondent, v. Kenneth Oredell Murray, Appellant.

Leah B. Moody of Law Office of Leah B. Moody, LLC, of Rock Hill, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Special Assistant Attorney General Amie L. Clifford, both of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Kenneth Oredell Murray appeals his conviction for armed robbery arguing the trial court erred in failing to suppress his statements because they were involuntary and obtained in violation of the fruit of the poisonous tree doctrine. He also argues the trial court erred in denying his motion for a directed verdict.

 
11:20 a.m. (Time Limits: 10-10-5)
2014-000468    The State, Respondent, v. Maurice Alphonso Roberts, Jr., Appellant.

Chief Appellate Defender Robert Michael Dudek and Appellate Defender John H. Strom, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Sherrie Butterbaugh, all of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent.

Maurice Roberts appeals his convictions and sentences for murder, burglary in the first degree, attempted murder, and attempted armed robbery. Roberts contends the trial court erred in (1) allowing testimony informing the jury he was incarcerated during his trial, thereby diluting the presumption of innocence and (2) failing to conduct an individualized sentencing hearing because he was a juvenile at the time of the crime and the trial court imposed a de facto life sentence.

 
Thursday, June 16, 2016
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2014-001401    In the Matter of James A. Trippe, III Deceased Gene D. Morin, Conservator for Katelin Trippe, Respondent-Appellant, v. James Trippe, Jr., individually and as Personal Representative of the Estate of James A. Trippe, III, Appellant-Respondent.

Oscar W. Bannister of Bannister, Wyatt & Stalvey, LLC, of Greenville, for Appellant/Respondent. Michael T. Coulter of Clarkson Walsh Terrell & Coulter, PA, of Greenville, for Appellant/Respondent. Jacqueline Hiatt Patterson and Nathaniel Curtis Farmer, both of Patterson & Associates, P.A., of Greenville, for Respondent/Appellant.

These cross-appeals arise from the circuit court's order affirming the probate court's contempt finding against Appellant-Respondent, individually and as Personal Representative of the Estate of James A. Trippe, III. Appellant-Respondent argues (1) the circuit court erred because the contempt finding was based on an arbitrary date and dependent on the actions of a foreign court and (2) the award of attorney's fees should be reversed. Respondent-Appellant Conservator argues the circuit court erred in (1) failing to award Respondent-Appellant the full amount of attorney's fees and (2) failing to grant Respondent-Appellant's motion to dismiss.

 
10:40 a.m. (Time Limits: 10-10-5)
2014-002484    Tzvetelina Miteva, Appellant v. Nicholas Robinson, Respondent.

John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. Thomas Franklin McDow, IV, and Erin K Urquhart, both of McDow and Urquhart, LLC, of Rock Hill, for Respondent. Jennifer M. Creech of Law Office of Jennifer M. Creech, LLC, of Rock Hill, for Respondent.

Tzvetelina Miteva (Wife) appeals the family court's divorce decree, arguing the court erred in (1) denying Wife a divorce on the ground of habitual drunkenness, (2) identifying and apportioning the marital estate, and (3) requiring Wife to pay Nicholas Robinson's (Husband's) attorney's fees and costs.

 
11:20 a.m. (Time Limits: 10-10-5)
2014-001633    Rose Electric, Inc., Appellant, v. Cooler Erectors of Atlanta, Inc., Southern Produce, Inc., S2P, LLC, Certified Development Corporation of South Carolina, Senn Bros., Inc., Custom Concrete of Lexington, Inc., and James Dunlap d/b/a Dunlap Services, Defendants, Of whom Southern Produce, Inc., and S2P, LLC, are the Respondents.

William E. Booth, III of Booth Law Firm, LLC, of West Columbia, for Appellant. Jon Robin Turner of J. Robin Turner, P.A., of Columbia, for Respondent S2P, LLC. Kathryn M. Cook, of Myrtle Beach, for Respondent Southern Produce, Inc.

In this dispute arising out of a construction project, Rose Electric, Inc. (Rose Electric) appeals the circuit court's order finding for Southern Produce, Inc. (Southern) and S2P, LLC, (S2P) arguing the circuit court erred in (1) finding an expressed contract barred its recovery under the theory of quantum meruit; (2) finding Rose Electric did not establish the elements of its quantum meruit claim; (3) and failing to award Rose Electric damages.

 
Wednesday, June 8, 2016
Court Room II
10:40 a.m. (Time Limits: 10-10-5)
2014-001973    Demetria Orange, as Next Friend of J.B., a minor, Respondent, v. Greenville Hospital System and Greenville Hospital System Partners in Health, Defendants, Of which Greenville Hospital System is the Appellant.

J. Ben Alexander and Sarah Patrick Spruill, both of Haynsworth Sinkler Boyd, PA, of Greenville, for Appellant. Edward L. Graham, John Layton Ruffin, and Diane M. Rodriguez, all of Graham Law Firm, of Florence, for Respondent.

In this medical malpractice case, Greenville Hospital System (GHS) appeals the circuit court's grant of Demetria Orange's motion on behalf of a minor child (Child) for a new trial nisi additur, arguing the court abused its discretion by failing to support its decision with compelling reasons.

 
11:20 a.m. (Time Limits: 10-10-5)
2014-002258    Kimberly Dawn Stoneburner, Respondent, v. Daniel Mark Stoneburner, Appellant.

Thomas Ryan Phillips of Law Office of T. Ryan Phillips, LLC, of Charleston, for Appellant. Theresa Marie Wozniak Jenkins of Theresa Wozniak Jenkins, Attorney at Law, LLC, of Charleston, for Respondent.

In this divorce action, Daniel Mark Stoneburner (Husband) appeals the denial of his Rule 59(e), SCRCP, motion to alter or amend the family court's final order, arguing the court erred in (1) including the business loans and debts, and credit card debts of Kimberly Dawn Stoneburner (Wife) in the marital estate; (2) finding certain property was marital in nature; (3) awarding Wife $15,000 in attorney's fees; (4) finding Husband improperly retained funds from the Red Cross and the couple's homeowners insurance; (5) valuing Husband's vehicle; (6) failing to impute additional income to Wife; (7) calculating Husband's income; (8) calculating child support; and (9) failing to include findings regarding Wife's economic misconduct during the marriage.