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Court of Appeals - Roster of Cases for Hearing

April 2013

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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.
Monday, April 1, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2009-113766    The State, Respondent, v. Gregory Wright, Appellant.

Senior Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., all of Columbia, for Respondent.

Wright appeals his convictions on charges of trafficking in crack cocaine, trafficking in cocaine, and possession of marijuana. He argues the trial court should have granted his directed verdict motion because the State failed to present sufficient evidence that he was in constructive possession of the drugs.

 
10:40 a.m. (Time Limits: 10-10-5)
2008-107646    James Edward Altman, Sr., Appellant/Respondent, v. Ann Tarascio Altman, Respondent/Appellant.

James Edward Altman, Sr., pro se for Appellant/Respondent. Thomas M. Neal, III of Law Offices of Thomas M. Neal, III, of Columbia, for Respondent/Appellant.

This cross-appeal arises from the family court's final order of divorce. On appeal, James Altman, Sr., argues the family court erred in dividing the marital estate. Ann Altman argues the family court erred in finding that there was not a binding contract between the parties to submit to mediation.

 
11:20 a.m. (Time Limits: 10-10-15-5-5)
2008-090386    The State, Respondent, v. Andre Tayson Boone, 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 Melody Jane Brown, all of Columbia, for Respondent.

Andre Boone appeals his conviction for murder, arguing the trial judge erred in instructing the jury on "mutual combat" because it shifted the burden and was inappropriate given the facts of the case.

 
11:20 a.m. (Time Limits: 10-10-15-5-5)
2008-090626    The State, Respondent, v. Eugene D. Patterson, Appellant.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Attorney General Melody Jane Brown, all of Columbia, for Respondent.

Eugene Patterson appeals his conviction for murder, arguing the trial judge erred in denying his motion for a directed verdict of acquittal because the State's evidence against him was too insubstantial to rise above a mere suspicion that he was guilty.

 
Tuesday, April 2, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-190146    Marquette Johnson, as Mother Natural Guardian of D'Andre G., an infant under the age of 14 years, Appellant/Respondent, v. Anu Chaudhry, M.D., McLeod Regional Medical Center, and Florence Women's Health, Defendants, Of Whom Anu Chaudhry, M.D., and Florence Women's Health are, Respondents/Appellants.

Robert Verner Phillips, of McGowan Hood & Felder, LLC, of Rock Hill, and Kevin Hayne Sitnik of South Carolina Law Firm, P.C., of Irmo, for Appellant/Respondent. Deborah Harrison Sheffield of Law Office of Deborah Harrison Sheffield, PA, of Columbia, for Respondents/Appellants. Hugh Willcox Buyck and Gordon Wade Cooper, both of Buyck and Sanders Law Firm, LLC, of Mt. Pleasant for Respondents/Appellants.

This is a cross-appeal in a medical malpractice case. Marquette Johnson appeals the circuit court's decisions to deny her request to extend discovery deadlines and to restrict the number of expert witnesses she can present at trial. Anu Chaudhry and Florence Women's Health appeal the circuit court's decision denying their motion for summary judgment.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-191327    The State, Respondent, v. Ashley Moore, Appellant.

Assistant Appellate Defender Dayne C. Phillips, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, both of Columbia, for Respondent.

Ashley Eugene Moore appeals the trial court's refusal to suppress evidence discovered during a traffic stop. Specifically, he argues the police officer's continued detention exceeded the scope of the traffic stop and constituted a seizure for purposes of the Fourth Amendment, and the officer did not have reasonable and articulable suspicion of a serious crime when he chose not to conclude the traffic stop.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-191471    The State, Respondent, v. Tristan Cheek A/K/A Tristain Cheek, Appellant.

Assistant Appellate Defender Dayne C. Phillips, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent.

Tristan Cheek appeals his conviction and sentence for peeping. Cheek argues the trial court erred in denying his motion for mistrial and in sentencing him to register as a sex offender.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-190166    The State, Respondent v. Brandon Rogers, Appellant.

Assistant Appellate Defender Breen Richard Stevens, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., of Columbia, for Respondent.

Appellant Brandon Rogers appeals his convictions for second-degree burglary and of petit larceny. Rogers argues that the trial court erred in (1) granting the State's Batson motion regarding three jurors and, thereafter, preventing him from striking the challenged jurors in the subsequent jury selection, and (2) sentencing him based on the pre-amended version of South Carolina Code section 16-11-312 (Supp. 2012).

 
Wednesday, April 3, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-211306    Angela Drexler, Appellant, v. CitiMortgage, Inc., Stonegate Properties, Inc., and Branch Banking and Trust Company, Inc., Defendants, Of Whom CitiMortgage, Inc. is the Respondent.

David Paul Traywick of Traywick Law Offices, LLC, of Isle of Palms, for Appellant. James Edward Sterling of Smith, Jordan, Lavery & Lee, of Piedmont, for Appellant. Sarah Beth Nielsen and Thad H. Westbrook, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent.

In this lender liability action, Appellant Angela Drexler seeks review of the circuit court's order granting summary judgment to Respondent CitiMortgage, Inc., on the grounds of res judicata and collateral estoppel.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-194206    Citifinancial, Inc., Respondent, v. Stella B.C. Squire aka Stella B. Cardamone and Beneficial South Carolina, Inc., Defendants, Of whom Stella B.C. Squire is Appellant.

Mary Leigh Arnold of Mary Leigh Arnold, PA, of Mt. Pleasant, for Appellant. Nikole Haltiwanger Boland of Riley Pope & Laney, LLC, of Columbia, for Respondent.

In this appeal of a foreclosure action, Stella B. C. Squire argues the master-in-equity erred in (1) failing to set aside the foreclosure order and sale, (2) misapplying Rule 8, SCRCP, (3) failing to grant relief to Squire in light of the defects in the process pursuant to Rule 55, SCRCP, and (4) finding CitiFinancial, Inc., sufficiently established its right to foreclose.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-196667    The State, Respondent, v. Henry Jermaine Dukes, Appellant.

Assistant Appellate Defender Kathrine Haggard Hudgins, 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 John Gregory Hembree, of North Myrtle Beach, for Respondent.

In this criminal case, Henry Dukes argues the trial court erred in admitting an out of court identification and in court testimony relating to the identification because it did not comport with due process requirements.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-198747    The State, Respondent, v. David Jakes, Appellant.

Assistant Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, of Columbia, for Respondent.

David Jakes appeals from his convictions of attempted assault and battery, attempted armed robbery, and possession of a weapon during a crime of violence. Jakes argues the trial court erred in not replacing a juror, whose spouse was a reserve deputy. Jakes additionally asserts that had his attorneys been aware of this juror's spouse's status, his attorneys would have used his peremptory challenges differently. Finding no error, we affirm.

 
Thursday, April 4, 2013
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2011-199166    Shirley Johnson, Appellant, v. Angela Lampley, Jarece N. Lampley, Darius Walker a/k/a Darius Hudgins and John Doe, Respondents.

Marcus LeFond Woodson of The Woodson Law Firm, LLC, of Marion, for Appellant. Marian Dawn Nettles of Nettles Turbeville & Reddeck, of Lake City, for Respondent. Darius Walker, pro se Respondent. Philip Bryan Atkinson of Folkens Law Firm, PA, of Florence, Guardian Ad Litem.

In this appeal from the Dillon County Family Court, Shirley Johnson appeals the order of the family court awarding custody to Angela Lampley, raising numerous issues related to admission of evidence, fitness of the parties, and best interests of the child.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-198487    The State, Respondent, v. Todd Smith, Appellant.

Assistant Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent.

Todd Eugene Smith appeals his conviction and sentence for strong armed robbery, asserting the trial court erred in refusing to suppress an in-court identification from the victim because the prior suggestive show-up identification by the victim was inherently unreliable and conducive to irreparable mistaken identification.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-207446    Cynthia Richardson, Appellant, v. Piggly Wiggly Central, Inc., Respondent.

Garryl Lynard Deas of The Deas Law Firm, of Sumter, for Appellant. Thomas E. Player, Jr. of Player & McMillan, LLC, of Sumter, for Respondent.

In this slip and fall case, Cynthia Richardson appeals the circuit court's reversal of the magistrate court's denial of Piggly Wiggly's motion for judgment not withstanding the verdict. She contends the circuit court erred in finding Richardson's testimony was that she was on the sidewalk when she fell, as opposed to inside the store.

 
12:40 p.m.
2011-198926    South Carolina Department of Social Services, Respondent v. Cameron N. F. L., Billy J. S. and "John Doe", Defendants, Of whom, Cameron N. F. L. is the, Appellant. In the interest of a minor child under the age of 18.

Andrew Richard Havran, of Greer, for Appellant. Patti Austin Brady, of Pickens, for Respondent. Steven Luther Alexander of Alexander Law Firm, of Pickens, for Guardian Ad Litem.

 
Tuesday, April 9, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-194266    Cole L. Lawson, III and Cole L. Lawson, IV, Appellants, v. Weldon T. Strahan a/k/a Weldon Travis Strahan a/k/a W. Travis Strahan, individually and in his capacity as personal Representative of the Estate of Ronald J. Strahan, Wilson Lee Mixson, Vivian M. McAlhaney, as trustee of the McAlhaney Family Trust, TUD 9/20/2004, Vivian Mixson McAlhaney, David S. Shipes, Tony Walter Shipes, Helen S. Kinard a/k/a Helen Shipes Kinard, Wanda S. Casey a/k/a Wanda D. Casey and Jacob F. Malphrus, Defendants, Of whom, David S. Shipes, Tony Walter Shipes, Helen S. Kinard a/k/a Helen Shipes Kinard, Wanda S. Casey a/k/a Wanda D. Casey and Jacob F. Malphrus are the, Respondents.

Desa Allen Ballard and Harvey MacLure Watson, III, both of Ballard Watson Weissenstein, of West Columbia, for Appellants. Demetri K. Koutrakos and Mary Dameron Milliken, both of Callison Tighe & Robinson, LLC, of Columbia, for Respondents. Kevin Angus Brown of Anderson & Brown, LLC, of Hampton, for Respondents.

This appeal arises from Appellants' action seeking an easement to real property. The special referee found Appellants were not entitled to an easement. On appeal, Appellants argue the special referee erred by failing to recognize Appellants' express easement by reservation, or in the alternative, an easement appurtenant by reservation.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-189166    The State, Respondent, v. Sasha A. Gaskins, Appellant.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent.

Sasha A. Gaskins appeals her convictions for two counts of armed robbery and two counts of burglary in the first degree, arguing the trial judge erred in the following: (1) overruling her objection to the prosecutor's closing argument; (2) ruling her expert could not testify to her state of mind; and (3) refusing to permit her expert to respond to a hypothetical question.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-189166    The State, Respondent, v. Sasha A. Gaskins, Appellant.

Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent.

Sasha A. Gaskins appeals her convictions for two counts of armed robbery and two counts of burglary in the first degree, arguing the trial judge erred in the following: (1) overruling her objection to the prosecutor's closing argument; (2) ruling her expert could not testify to her state of mind; and (3) refusing to permit her expert to respond to a hypothetical question.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-194990    The State, Respondent v. Orlando Parker, Appellant.

J. Falkner Wilkes, of Greenville, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.

Orlando Parker appeals his conviction for trafficking in cocaine, arguing (1) the trial court erred in refusing to suppress evidence resulting from the search of his vehicle and statements made by Parker and his co-defendant, (2) the arrest of Parker's co-defendant was unlawful because the officer who first detained her acted without proper authority, and the discovery of marijuana on her person was therefore inadmissible as fruit of the poisonous tree.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-152167    James Bowers, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Assistant Attorney General Ashleigh Rayanna Wilson, of Columbia, for Respondent.

Petitioner James Bowers appeals the lower court's denial of his petition for post-conviction relief, arguing that the court erred in refusing to find trial counsel ineffective for not challenging Bowers' prior conviction.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-152167    James Bowers, Petitioner, v. State of South Carolina, Respondent.

Matthew J. Friedman of Columbia SC for Respondent State of South Carolina, Kathrine Haggard Hudgins of Columbia SC for Petitioner James Bowers

Petitioner James Bowers appeals the lower court's denial of his petition for post-conviction relief, arguing that the court erred in refusing to find trial counsel ineffective for not challenging Bowers' prior conviction.

 
12:40 p.m. (Time Limits: 10-10-5)
2011-187127    The State, Respondent v. John Mack, Appellant.

Assistant Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, both of Columbia, for Respondent.

John Mack appeals his convictions of first-degree burglary and grand larceny. Mack argues the trial court erred in denying his motion to quash his first-degree burglary indictment because it was inaccurate and overbroad. He further contends the trial court erred in denying his motion for a directed verdict on both the first-degree burglary and grand larceny charges.

 
Wednesday, April 10, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-202546    The State, Respondent, v. Ronald Edward Gooden, Appellant.

Assistant Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, of Columbia, for Respondent.

Ronald Gooden appeals his conviction for assault and battery of a high and aggravated nature arguing the trial court erred in admitting his prior strong arm robbery conviction for impeachment purposes.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-211007    Effie Sandra L. Turpin, C. E. Lowther, Jr., Clayton Clark Lowther, and Mitchell Saxton Lowther, individually and representing as a class of beneficiaries of the Estate of E.E. Lowther, Sr., Respondents, v. E. LeGrand Lowther, individually and as Personal Representative of the Estate of C.E. Lowther, Sr., and Mark Allen Lowther, as Personal Representative of the Estate of C.E. Lowther, Sr., Defendants, Of whom E. LeGrand Lowther is Appellant.

H. Fred Kuhn, Jr. of Moss Kuhn & Fleming, PA, of Beaufort, for Appellant. Harley Delleney Ruff and Carol Clayton Ruff of Ruff & Ruff, LLC, of Beaufort, for Respondent. R. Thayer Rivers, Jr. of R. Thayer Rivers, Jr. Law Office, of Ridgeland, for Respondent.

This is an action by three beneficiaries of the estate of C.E. Lowther, Sr. against the personal representatives for breach of their fiduciary duties in connection with a real estate transaction.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-194088    The State, Respondent, v. Ladorrean Collington, Appellant.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., of Columbia, for Respondent.

Ladorrean Collington appeals her convictions of accessory before the fact of burglary in the first degree and accessory before the fact of armed robbery. On appeal, Collington argues that the trial court erred in: (1) admitting evidence of prior difficulties between her and the victim; (2) admitting evidence of threats she allegedly made to the victim ; and (3) denying her motion for severance.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-211873    Robert Russell, Employee/Claimant, Respondent, v. Department of Health and Environmental Control, Employer, and The State Accident Fund, Carrier, Appellants.

Margaret Mary Urbanic of Clawson & Staubes, LLC, of Charleston, for Appellant South Carolina Department of Health and Environmental Control. Ellen H. Goodwin, of Columbia, for Appellant South Carolina Department of Health and Environmental Control. Matthew C. Robertson of Merritt, Webb, Wilson & Caruso, PLLC, of Columbia, for Appellant State Accident Fund. J. David Murrell, of Murrell Law Firm, of Charleston, for Respondent.

In this worker's compensation action, the Department of Health and Environmental Control (DHEC) and The State Accident Fund (the Fund) (collectively known as Appellants) appeal the circuit court's decision to affirm the Appellate Panel's finding that Robert Russell was permanently and totally disabled and entitled to compensation pursuant to section 42-9-400.

 
Thursday, April 11, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-211943    J. Gregory Hembree, Solicitor, Fifteenth Judicial Circuit, on behalf of the Horry County Police Department, Respondent, v. One Thousand Eight Hundred Forty-Seven Dollars (1,847.00), U.S. Currency; 1994 Monaco RV, SN: VIN: 1RF120611R1010972; and a Taurus 38 Special Pistol, SN: SF53109, Defendant Property, and Michael James Albin, Defendant, Of whom Michael James Albin is the Appellant.

David James Canty of David J. Canty, P.A., of Myrtle Beach, for Appellant. Donna Earls Elder, of Conway, for Respondent. David Pierce Caraker, Jr. of Hyman Law Firm, of Florence, for Respondent.

Michaela Albin seeks reversal of trial court's order upholding the forfeiture of an RV seized in connection with a raid by the Horry County Police Department and the State Law Enforcement Division as the result of suspected gambling and drug activity. Albin appeals the trial court's order holding that the RV could be forfeited pursuant to S.C. Code Ann. ยง 44-53-520(A)(3) as a container. Albin also appeals the trial court's dismissal of his counterclaims for conversion and the trial court's holding that the administrative judge's denial of summary judgment was the law of the case.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-205928    Town of Kingstree, a Body Corporate and Politic, Respondent, v. Gary W. Chapman, Jr., Terilyn J. McClary, Waccamaw Housing, Inc., Lydia F. Duke, Alice H. Kellahan and South Carolina Department of Transportation, Defendants, Of Whom Lydia F. Duke and Alice H. Kellahan are the Appellants.

Larry G. Reddeck of Nettles Turbeville & Reddeck, of Lake City, for Appellants. William M. O'Bryan, Jr. of O'Bryan & O'Bryan, of Kingstree, for Appellants. Ernest Joseph Jarrett and Mary Amanda Harrelson Shuler, both of Jenkinson Jarrett & Kellahan, PA, of Kingstree, for Respondent.

Lydia F. Duke and Alice H. Kellahan (Appellants) appeal the special referee's order granting the Town of Kingstree's (the Town's) petition to close a portion of Porter Street, arguing (1) the Town was bound by the allegation in its petition that Appellants had an easement for the use of Porter Street; (2) Appellants had an express written easement across the area in question, which had not been abandoned; (3) the area in question was not properly dedicated as a public roadway or street; (4) the Town lacked statutory authority to petition to close the area in question; (5) the Town failed to prove Appellants had abandoned the easement; (6) the Town failed to prove the closure of the area in question was in the public interest; (7) the Town failed to plead or prove Appellants were estopped to object to the closing of the area in question; (8) the evidence did not support the special referee's finding Appellants purchased the easement to make Porter Street a public road; and (9) the closure of Porter Street constituted a taking and Appellants are entitled to just compensation.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-212019    Lisa Whitlock, Respondent, v. Raymond Collins, Appellant.

Paul V. Degenhart of Degenhart & Degenhart Law, LLC of Columbia SC for Appellant. Lisa Whitlock, of Swansea, pro se Respondent.

Raymond L. Collins appeals the order of the family court, arguing the court erred in failing to grant his motion for a continuance, failing to question Collins' competency to participate in a trial, and awarding attorney's fees and costs to Lisa Whitlock.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-212278    Jeffery L. McFadden, Claimant, Appellant, v. City of Lake City and South Carolina Municipal Insurance Trust, Respondents.

Stephen J. Wukela of Wukela Law Office, of Florence, for Appellant. Grady Larry Beard and Ben Gibbs Leaphart, Jr., both of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Respondents.

In this worker's compensation appeal, Jeffrey L. McFadden appeals the Workers' Compensation Commission's order declining to impose sanctions against City of Lake City and the South Carolina Municipal Trust for the denial of medical care pending investigation of his accident. In addition, McFadden appeals the Commission's assessmet of costs against McFadden's attorney for a frivolous appeal.

 
Tuesday, April 2, 2013
Court Room II
10:40 a.m. (Time Limits: 10-10-5)
2010-153226    The State, Respondent, v. Jeffrey Herrmann, Appellant.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

This appeal arises from Appellant's murder conviction. On appeal, Appellant argues the trial court erred in refusing to (1) instruct the jury that the testimony of an informer who provides evidence against a defendant for an expected gain must be weighed by the jury with greater care than an ordinary witness, and (2) reconsider the forty-five year sentence imposed.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-189246    The State, Respondent v. Loudin Rohr, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Attorney General Jennifer Ellis Roberts, and Assistant Attorney General J. Walt Whitmire, all of Columbia, for Respondent.

Loudin Rohr appeals his convictions for assault and battery of a high and aggravated nature and criminal domestic violence of a high and aggravated nature, arguing the trial judge erred in allowing the State to inappropriately bolster the testimony of a child witness.

 
Wednesday, April 3, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-192247    Brian and Deborah C. Pulliam, Monica Bradshaw, Helen K. Cook, Kala Craig, Victor E. Dirienzo, Cynthia Ditursi, J. Scott Drexel, Kathleen Kramer, Robert Loebe, Melanie McDaniel, Don and Debbie Neff, David Osborne, Celeste Arrowood, Vincent Dionna, Mikel Marcuse, James P. Wheaton, Jr., Joseph Manfredini, Elena Manfredini, David Cox, Jonathan B. Dillard, and Eric Wilson, and Marianna Junda, Respondents, v. M.U.I. Carolina Corporation, and Kensington Place Owners' Association, Inc., and Regent Carolina Corporation, Defendants, Of whom M.U.I. Carolina Corporation and Regent Carolina Corporation are the, Respondents, And Kensington Place Owners' Association, Inc. is the, Appellant.

Kenneth Ray Raynor of Templeton & Raynor, PA of Charlotte, North Carolina, for Appellant Kensington Place Owner's Association, Inc.. Robert T. Lyles, Jr. of Lyles & Lyles, LLC, of Charleston, for Respondents M.U.I. Carolina Corporation & Regent Carolina Corporation. W. Jefferson Leath, Jr. of Leath Bouch & Seekings, LLP, of Charleston, for Respondents.

In this condominium defect case, Appellant Kensington Place Owners' Association, Inc. (the POA) challenges an order of the circuit court granting the motion of Respondents Brian and Deborah Pulliam, et al. (Plaintiffs) to dismiss the POAs cross-claim against Respondent M.U.I. Carolina Corporation (Developer). The POA argues that the By-Laws of Kensington Place Horizontal Property Regime authorized the POA to file the cross-claim without approval of seventy-five percent of the condominium owners because the cross-claim qualified as (1) an action to enforce the By-Laws, and (2) a "counterclaim" brought by the POA in proceedings instituted against it.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-202907    Roger F. Carlson and Mary Jo Carlson, Respondents, v. South Carolina State Plastering, LLC, Peter Conley, Individually, Del Webb Communities, Inc., and Pulte Homes, Inc., Defendants, Of whom Del Webb Communities, Inc., and Pulte Homes, Inc. are Appellants.

Robert L. Widener, A. Victor Rawl, Jr., and Andrew Gordon Melling, all of McNair Law Firm, PA, of Columbia, for Appellants. Phillip Ward Segui, Jr. of Segui Law Firm, of Mt. Pleasant, for Respondents. John T. Chakeris of Chakeris Law Firm, of Charleston, for Respondents. Michael S. Seekings and W. Jefferson Leath, Jr., both of Leath Bouch & Seekings, LLP, of Charleston, for Respondents.

In this contractual dispute, Del Webb Communities, Inc. and Pulte Homes, Inc. appeal the trial court's holding that they waived their right to arbitration by participating in the court system. Del Webb Communities and Pulte Homes also ask the court to overturn Liberty Bldrs., Inc. v. Horton, 521 S.E.2d 749 (S.C. Ct. App 1999), which held that factual findings of a trial court on a motion to compel arbitration should not be overruled if there is "any evidence reasonably supporting them." Instead, appellants contend that the court may take its own view of the evidence.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-211939    Brian Pulliam, Deborah C. Pulliam, Monica Bradshaw, Helen K. Cook, Kala Craig, Victor E. Dirienzo, Cynthia Diturski, J. Scott Drexel, Kathleen Kramer, Robert Loebe, Melanie McDaniel, David Osborne, Celeste Arrowwood, Vincent Dionna, Mikel Marcuse, James P. Wheaton, Jr., Joseph Manfredini, Elena Manfredini, David Cox, Jonathan B. Dillard, Eric Wilson, Don and Debbie Neff, and Marianna Junda, Respondents. v. Travelers Indemnity Company, M.U.I. Carolina Corporation, Kensington Place Owners Association, Inc., Regent Carolina Corporation, and Regent Corporation, Defendants, Of whom Travelers Indemnity Company is the Appellant.

William Pearce Davis and Susan Drake DuBose, of Baker Ravenel & Bender, LLP of, Columbia, for Appellant. W. Jefferson Leath, Jr., and Michael S. Seekings, both of Leath Bouch & Seekings, LLP, of Charleston, for Respondents.

Traveler's Indemnity Company appeals the circuit court's finding that damages for remediation of defective construction to common elements in Kensington Place Horizontal Property Regime were covered by a directors and officers policy issued to the Regime's property owner's association.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-192646    The State, Respondent, v. Rodrigues Carter, Appellant.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

Appellant challenges his convictions and sentences for criminal sexual conduct in the first degree, kidnapping, and burglary in the first degree asserting the trial court erred in (1) finding that he opened the door to inadmissible hearsay statements by the victim to her mother concerning the identity of the victim's perpetrator and the circumstances of the assault and (2) permitting the solicitor to shift the burden of proof to Carter during his closing argument by remarking on Carter's failure to elicit certain testimony.

 
12:40 p.m. (Time Limits: 10-10-5)
2011-192066    The State, Respondent, v. Anthony Martin, Appellant.

Assistant Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

Anthony Martin appeals his convictions for armed robbery and conspiracy to commit armed robbery, arguing the trial court erred in denying his motion to suppress evidence of flight.

 
Cases to be Submitted Without Oral Argument
2010-178946 Eddie Tremain Brown, Petitioner, v. State of South Carolina, Respondent.

2010-152168 Davorius Montraze Mack, Petitioner, v. State of South Carolina, Respondent.

2010-177326 Adam Hill, Jr., Appellant, v. Henrietta Norman and Primerica Life Insurance Company, Defendants, Of whom Henrietta Norman is, Respondent.

2010-166526 The State, Respondent v. Jeffrey Michaelson, Appellant.

2011-192346 Mikey M. Caldwell, Petitioner, v. State of South, Respondent.

2011-192346 Mikey M. Caldwell, Petitioner, v. State of South, Respondent.

2011-203266 Phillip Brown, #118100, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

2011-187188 Timothy Dinkins, Petitioner, v. State of South Carolina, Respondent.

2011-193948 The State, Respondent v. Eric Spratt, Appellant.

2012-212110 Jeremiah DiCapua, Appellant, v. Thomas Guest, Jr., Respondent.

2012-212343 The State of South Carolina, Respondent, v. Eddie F. Alewine, Appellant.

2011-193114 Montrell Brockington, Petitioner, v. State of South Carolina, Respondent.

2010-154467 Constanzus M. Williams, Respondent, v. State of South Carolina, Petitioner.

2012-212050 The State, Respondent v. Gregory Pencille, Appellant.

2012-212241 The State, Respondent, v. Patricia Davis, Appellant.

2010-172386 The State, Respondent, v. Jimmy Ott Cuttino, Appellant.

2012-208610 The State, Respondent v. Gener Vargas, Appellant.

2011-188088 Charles M. Dominick, Petitioner, v. State of South Carolina, Respondent.

2010-181688 Keith Eigner, Petitioner, v. State of South Carolina, Respondent.

2010-156146 Robert A. Warren, Jr., Petitioner, v. State of South Carolina, Respondent.

2011-187268 Tracy L. Dowell, Petitioner, v. State of South Carolina, Respondent.

2012-211944 State of South Carolina, Respondent, v. Allen F. Stone, Appellant.

2012-207806 The State, Respondent v. Leroy Laird, Appellant.

2011-186255 Michael Gerald Dunbar, Respondent, v. State of South Carolina, Petitioner.

2011-192274 The State, Respondent v. Yates Wyant, Appellant.

2012-206946 Mekiel Mitchell #232904, Appellant, v. South Carolina Department of Corrections, Respondent.

2012-212015 Sammie Stroman, #242033, Appellant, v. South Carolina Department of Corrections, Respondent.

2012-212457 City of North Charleston, Respondent, v. Johnathan M. Daniels, Appellant.

2012-207167 The State, Respondent v. Kenneth Lipsey, Jr., Appellant.

2011-189866 The State, Respondent, v. Ronald Renwrick, Appellant.

2011-197007 The State, Respondent, v. Jerry Alan Goode, Appellant.

2011-191026 Charles Moore, Appellant, v. SC Department of Employment and Workforce, Respondent.

2009-145146 Robert Smalls, Petitioner, v. State of South Carolina, Respondent.

2009-148270 The State, Respondent, v. Gervais Edmonds, Appellant.

2012-209831 The State, Respondent v. Phillip Rachels, Appellant.

2012-210767 Thomas J. Torrence, #094651, Appellant, v. South Carolina Department of Corrections, Respondents.

2011-196868 The State, Respondent v. Darry Porter, Appellant.

2011-190826 Donald C. Brevard, Petitioner, v. State of South Carolina, Respondent.

2011-184846 White's Mill Colony, Inc., Respondent, v. Richard Weeks, Lillian Davis, Jerry Rouse, Jimmie Johnson, and Leon Kelly, Defendants, Of whom, Richard O. Weeks is the, Appellant.

2011-194348 The State, Respondent v. Timothy Young, Appellant.

2012-212645 Julian Ford, Jr., #144899, Appellant, v. South Carolina Department of Corrections, Respondent.

2011-196526 The State, Respondent, v. Joseph Richard Gene Graddick, Appellant.

2010-157967 Tamel Davis, Petitioner, v. State of South Carolina, Respondent.

2011-182686 William A. Avinger, Petitioner, v. State of South Carolina, Respondent.

2011-203393 The State, Respondent, v. Eric Anderson, Appellant.