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Court of Appeals - Roster of Cases for Hearing

January 2017

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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.
Wednesday, January 18, 2017
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2014-001669    The State, Respondent, v. Robert Lee Moore, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

Robert Lee Moore appeals his conviction of attempted murder, arguing the trial court should have suppressed the evidence found from the search of his cell phone. First, he contends the preliminary warrantless search of his phone violated his Fourth Amendment rights as he had not abandoned his privacy interest in the phone. Second, he argues the warrant to more thoroughly search the phone was based upon a conclusory affidavit and all evidence obtained from it should have been suppressed.

 
Wednesday, January 25, 2017
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2015-001106    Charleston County Assessor, Appellant, v. University Ventures, LLC, Respondent.

Bernard E. Ferrara, Jr., Joseph Dawson, III, Austin Adams Bruner, and Johanna Serrano Gardner, all of North Charleston, for Appellant. Morris Arthur Ellison and William Thomas Dawson, III, both of Womble Carlyle Sandridge & Rice, LLP, of Charleston, for Respondent.

In this tax reassessment case, the Charleston County Assessor appeals the administrative law court's (ALC's) finding the assessed value for 2011 was incorrect. The Assessor contends the ALC erred in determining the property should be valued as a vacant lot.

 
10:40 a.m. (Time Limits: 10-10-5)
2014-002212    Arrowpoint Capital Corporation/Arrowood Indemnity Co., Carrier, Appellant, v. South Carolina Second Injury Fund, Respondent., [In Re: Joe Mathis, Employee/Claimant, v. Yuasa Exide, Incorporated, Employer]

Vernon F. Dunbar and Ashley Rudisill Forbes, both of McAngus Goudelock & Courie, LLC, of Greenville, for Appellant. Latonya Dilligard Edwards of Dilligard Edwards, LLC, of Columbia, for Respondent.

Carrier appeals an order of the circuit court arguing the court erred in denying its claim for reimbursement from the Second Injury Fund.

 
11:20 a.m. (Time Limits: 10-10-5)
2014-002214    Arrowpoint Capital Corporation/Arrowood Indemnity Co., Appellant, v. South Carolina Second Injury Fund, Respondent. [In Re: C.L. Williams, Employee/Claimant, v. Yuasa Exide, Incorporated, Employer]

Vernon F. Dunbar, Stephanie Lamb Pugh, and Ashley Forbes, all of McAngus Goudelock & Courie, LLC, of Greenville, for Appellant. Latonya Dilligard Edwards of Dilligard Edwards, LLC, of Columbia, for Respondent.

Carrier appeals an order of the circuit court arguing the court erred in concluding it was not entitled to reimbursement from the Second Injury Fund pursuant to section 42-9-400 of the South Carolina Code.

 
12:00 p.m. (Time Limits: 10-10-5)
2014-002215    Arrowpoint Capital Corporation/Arrowood Indemnity Co., Appellant, v. South Carolina Second Injury Fund, Respondent, IN RE: Mary McConico, Employee, v Yuasa-Exide, Inc., Employer, and Arrowpoint Capital Corp./Arrowood Indemnity Co., Carrier.

Vernon F. Dunbar of McAngus Goudelock & Courie, LLC, of Greenville, for Appellant. Timothy Blair Killen of Willson Jones Carter & Baxley, P.A., of Mt. Pleasant, for Respondent.

Arrowpoint Capital Corporation, a/k/a Arrowood Indemnity Company (Carrier) appeals the circuit court's order affirming the denial of Carrier's claim for reimbursement from the Second Injury Fund (the Fund). Carrier argues the circuit court erred in (1) denying Carrier's claim for reimbursement from the Fund, (2) interpreting section 42-9-400 to mean any preexisting conditions must manifest prior to an employee's hire and engagement of required work activities, and (3) determining Carrier's claim reimbursement was not timely filed and thus barred by section 42-7-320(B)(2).

 
Cases to be Submitted Without Oral Argument
2015-000631 The State, Respondent, v. Anthony M. Porterfield, Appellant.

2015-000911 The State, Respondent, v. Jerry Edward Dudley, Appellant.

2015-002665 The State, Respondent, v. Nathan Tyrone Telford, Appellant.

2013-002735 The State, Respondent, v. Kevin Choice, Appellant.

2014-001735 In the Matter of the Care and Treatment of Calvin Joe Miller, Appellant.

2014-001827 The State, Respondent, v. Tykeem Kalani May, Appellant.

2015-001521 Wells Fargo, N.A. as successor by merger to Wachovia Bank, National Association, Respondent, v. Don A. Nummy, II, Dee S. Nummy, and Don A. Nummy, Appellants.

2015-002002 The State, Respondent, v. Raymond Smiley, Appellant.

2011-198986 Wachesaw Plantation East Community Services Association, Inc., Respondent, v. Todd C. Alexander, Appellant.

2015-001075 The State, Respondent, v. Demetrius Derrick Henderson, Appellant.

2015-000580 Joseph Sun, Appellant, v. Liling Sun, Respondent.

2015-002013 Bobby P. Ruff, #185024, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

2015-002046 The State, Respondent, v. Ebon Roberts, Appellant.

2016-000029 Robert and Pamela Wilkes, Appellants, v. Town of Pawleys Island, Georgetown County Planning Commission, Respondents.

2016-001222 The State, Respondent, v. Shannon Henderson, Appellant.

2014-002665 The State, Respondent, v. Roemain Jamil Brunson, Appellant.

2014-002706 The State, Respondent, v. Jujuan Andre Habersham, Appellant.

2014-002747 The State, Respondent, v. Vernon Glen Evans, Appellant.

2015-000091 The State, Respondent, v. Jonathan Cody Newman, Appellant.

2015-000592 Spanish Wells Investments, LLC, Respondent, v. Greg Luckenbill and Evelyn Luckenbill, Appellants.

2015-000667 The State, Respondent, v. Annie Jackson, Appellant.

2015-000988 Wanda Gambrell, Respondent, v. Christopher A. Smith, Appellant.

2015-001718 Wanda Mack, Appellant, v. Carmen Gates, Respondent.

2015-002292 The State, Respondent, v. Damonte Marquez Rivera, Appellant.

2015-002399 The State, Respondent, v. Robert Steven Jolly, Appellant.

2015-002598 The State, Respondent, v. Steven Edward Jennings, Appellant.

2016-000660 The State, Respondent, v. Antonio Lamont Robbins, Appellant.

2013-000568 The State, Respondent, v. Barry Eugene Lafavor, Appellant.

2014-002630 The State, Respondent, v. Jeffrey Lynn Chronister, Appellant.

2015-000706 The State, Respondent, v. Willie Jackson, Appellant.

2015-001359 The State, Respondent, v. Christopher Mayhue Peterson, Appellant.

2015-001667 Blanche G. Creswell, Appellant, v. Robin Culbertson, Chip Culbertson, d/b/a Asheville Cotton Company, and Asheville Cotton Company, Respondents.

2016-000296 Kenneth Green #116020, Respondent, v. South Carolina Department of Probation, Parole and Pardon Services, Appellant.

2016-000585 Richard W. W. Bartley, Jr., Respondent, v. Kimberly Norris Bartley, Appellant.

2015-002260 Cory McMillan, Appellant, v. UCI Medical Affiliates, Inc. d/b/a Doctors Care and Jane Doe, Respondents.

2015-000325 The State, Respondent, v. Timothy Crosby, Appellant.

2015-001370 The State, Respondent, v. Michael Edward Gentile, Appellant.