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Court of Appeals - Roster of Cases for Hearing

May 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, May 6, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2010-158046    The State, Respondent, v. Travell Hill, 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 Salley W. Elliott and Assistant Attorney General Mark Reynolds Farthing, all of Columbia, for Respondent.

Travell Hill appeals his conviction for trafficking cocaine, arguing the trial judge erred in: (1) denying his motion to suppress the drug evidence because his Fourth Amendment rights were violated when the officer did not have a reasonable suspicion that Hill was engaged in a serious criminal activity reasonable so as to warrant a continued detention after the issuance of a warning for a traffic stop; and (2) finding Hill lacked standing to challenge the lawfulness of the search and seizure of the rental car he was driving.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-213054    Charles Holdorf, Appellant, v. South Carolina Department of Motor Vehicles and South Carolina Department of Public Safety, Defendants, Of Whom the South Carolina Department of Motor Vehicles is the Respondent.

Timothy Kirk Truslow of T. Kirk Truslow, P.A. of North Myrtle Beach, for Appellant. Linda Annette Grice, Philip S. Porter, and Frank L. Valenta, Jr., all of Blythewood, for Respondent.

In this appeal from the Administrative Law Court (ALC), Charles Holdorf challenges the suspension of his driver's license for failing to submit to a drug screening. Holdorf contends the ALC erred in determining the record contains sufficient evidence to support a finding that reasonable grounds existed to request him to submit to a drug test.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-209866    Kathyrna Mulholland-Mertz, Appellant, v. Corie Crest Homeowners Association of Spartanburg, Inc.; Richard T. Biggs; Kathleen A. Biggs; James Hannah; and Elizabeth A. Hannah, Respondents.

James D. Calmes, III, of Greenville, for Appellant. A. Todd Darwin of Holcombe Bomar, PA, of Spartanburg, for Respondents.

This appeal arises from Appellant's action against Respondents for violations of a restricted covenant. The master-in-equity granted Respondents' motion to dismiss pursuant to Rule 41(b), SCRCP. On appeal, Appellant argues the master-in-equity erred in granting Respondents' motion to dismiss.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-180586    The State, Respondent, v. Summer O'Quinn, Appellant.

Assistant Appellate Defender Dayne C. Phillips, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, all of Columbia for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

This appeal arises from Appellant's conviction of accessory before the fact in the commission of a felony to commit burglary. On appeal, Appellant argues the trial court abused its discretion by not granting Appellant's motions for a mistrial and a directed verdict.

 
2:20 p.m. (Time Limits: 10-10-5)
2010-160486    The State, Respondent, v. Reginald A. Nance, Appellant.

Assistant Appellate Defender Susan Barber Hackett, 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 Julie Kate Keeney, all of Columbia, for Respondent.

Reginald Nance appeals his conviction for possessing a weapon during the commission of a violent crime, arguing the trial court failed to direct a verdict in his favor after the State failed to present any evidence of a nexus between a pair of burglaries and a gun recovered from an automobile in the parking lot of the burglarized stores.

 
3:00 p.m. (Time Limits: 10-10-5)
2010-156666    The State, Respondent, v. Michael Milledge, 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.

Michael Milledge was convicted of possession of ecstasy, possession of cocaine with the intent to distribute, trafficking in crack cocaine, and possession of a weapon during the commission of a violent crime. On appeal, he argues the trial court erred in (1) admitting the evidence of contraband found on pursuant to an illegal search and seizure and (2) refusing to direct a verdict in his favor on the charges of trafficking in crack cocaine and possession of a weapon during the commission of a violent crime.

 
Tuesday, May 7, 2013
Court Room I
11:20 a.m. (Time Limits: 10-10-5)
2011-190693    The State, Respondent, v. Lexi Dial, III, Appellant.

H. Wayne Floyd of Wayne Floyd Law Office, of West Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.

Lexie Dial, III appeals his conviction of homicide by child abuse. He argues the trial court committed reversible error by (1) ruling Henry Dukes had authority to arrest Lexie Dial as a United States Marshall under section 23-1-220 of the South Carolina Code, or in the alternative, as a citizen pursuant to section 17-13-10 of the South Carolina Code; (2) refusing to allow defense counsel to impeach the State's lead investigator; (3) denying Dial's motion for a mistrial after Misti Richards brought an urn to the witness stand; (4) admitting prejudicial autopsy photographs into evidence and refusing to admit the pathologist's probative conflicting reports; and (5) sentencing Dial to the maximum sentence permitted under South Carolina law without properly considering the aggravating and mitigating circumstances.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-192046    The State, Respondent v. Christopher Murray, Appellant.

Assistant Appellate Defender Breen Richard Stevens, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent. Solicitor William Walter Wilkins, III, for Respondent.

In this criminal case, Christopher Murray claims the circuit court erred when it did not charge on the lesser-included offense of involuntary manslaughter where the evidence indicated a struggle occurred between Murray and the victim before Murray fatally shot the victim.

 
Wednesday, May 8, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-191566    The State, Respondent, v. Michael Avery Humphrey, Appellant.

Assistant Appellate Defender Dayne C. Phillips for Appellant. Attorney General Alan Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent. Solicitor Donald V. Myers, of Lexington, for Respondent.

Appellant Michael Avery Humphrey seeks review of his involuntary manslaughter conviction. Appellant argues that the trial court erred in denying his directed verdict motion because the State failed to present substantial circumstantial evidence of his guilt. Appellant also argues that his right to a speedy trial was violated.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-203326    Bernard D. Lee, Respondent, v. Bondex Inc. and Great American Alliance Insurance Company, Appellants.

E. Ros Huff, Jr. and Shelby Hapeshis Kellahan, both of Huff Law Firm, LLC, of Irmo, for Appellants. Ann McCrowey Mickle of Mickle & Bass, LLC, of Columbia, for Respondent., Michael Joseph O'Sullivan of Richardson Plowden & Robinson, PA, of Conway, for Respondent.

Bondex Inc. and Great American Alliance Insurance Company (collectively, Appellants) contend substantial evidence does not support the South Carolina Worker's Compensation Appellate Panel's (Appellate Panel) conclusion that Bernard D. Lee sustained a work-related accident for which he was entitled to temporary total disability benefits, and the decision was an error of law. The Appellants further maintain the Appellate Panel erred in holding in abeyance all other injuries.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-197266    The State, Respondent v. Marshall McGaha, Appellant.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, of Columbia, for Respondent.

In this criminal appeal, Marshall McGaha argues the trial court erred in granting the State's motion to consolidate the prosecution of four charges against McGaha into a single trial.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-199106    The State, Respondent, v. Antwan McMillan, Appellant.

Assistant Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, of Columbia, for Respondent.

Antwan McMillan appeals from his convictions of attempted assault and battery and attempted armed robbery. McMillan argues the trial court erred in not replacing a juror, whose spouse was previously a full-time deputy sheriff and at the time of trial was a reserve deputy. McMillan additionally asserts that had his attorneys been aware of this juror's spouse's status, his attorney would have used his peremptory challenges differently. Finding no error, we affirm.

 
Thursday, May 9, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-199507    J. Scott Kunst, Appellant, v. David Loree, Respondent.

J. Scott Kunst, Appellant pro se. Violet Elizabeth Wright and T. S. Stern, Jr., both of Covington Patrick Hagins Stern & Lewis, P.A., of Greenville, for Respondent.

Scott Kunst appeals the circuit court's grant of summary judgment on his defamation cause of action against David Loree. On appeal, Kunst claims the circuit court improperly applied the doctrine of collateral estoppel and ignored certain evidence when it dismissed his defamation claim. Additionally, Kunst contends the circuit court failed to address his infliction of emotional distress cause of action when it dismissed his defamation claim.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-210487    Emma Hamilton, Employee, Appellant, v. Martin Color-Fi, Inc., Employer, and Liberty Mutual Insurance Company, Carrier, are the, Respondents.

Joseph T. McElveen, Jr. of Bahnmuller Goldman McElveen Ford Bultman & Rodriguez, PA, of Sumter, for Appellant. Candace G. Hindersman of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondents.

Emma Hamilton appeals the order of the Workers' Compensation Commission's Appellate Panel (Appellate Panel) arguing the Appellate Panel erred in finding (1) her employer terminated temporary total disability benefits in compliance with statutory requirements, (2) she had reached maximum medical improvement, (3) she recieved the neccessary medical treatment to lessen her period of disability, (4) she was not a credible witness, and (5) the award for permanent partial disability to her arm was appropriate.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-211429    City of Beaufort, Respondent v. Dechpong Tocharoen, Appellant.

Eric J. Erickson of Erickson Law Firm, LLC, of Beaufort, for Appellant. William B. Harvey, III, of Harvey & Battey, PA, of Beaufort, for Respondent.

Appellant argues trial court erred admitting breathalyzer test results on non-implied consent form obtained as a second test after a first refusal.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-200487    Bonnie L. McKinney, f/k/a Bonnie L. Pedery, Respondent, v. Frank J. Pedery, Appellant.

Kenneth C. Porter of Porter & Rosenfeld, of Greenville, for Appellant. Kim R. Varner, of Varner & Segura, and J. Falkner Wilkes, both of Greenville, for Respondent.

Frank J. Pedery appeals the family court's order terminating his former wife's alimony obligation based on its finding that she proved Pedery was residing with another person in a romantic relationship for a period of ninety or more consecutive days.

 
Tuesday, May 14, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2008-098296    The State, Respondent, v. Robert Christopher Johnson, 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 John Gregory Hembree, of Conway, for Respondent.

Johnson appeals his murder conviction, arguing the trial judge erroneously suppressed evidence that the victim had admitted to Johnson on a prior occasion to having served time in Florida for stabbing someone.

 
10:40 a.m. (Time Limits: 10-10-5)
2009-139266    The State, Respondent, v. Andre Taft Richardson, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent.

This appeal arises from Appellant's murder conviction. On appeal, Appellant argues the trial court erred in denying his motion for a directed verdict.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-185926    The State, Respondent, v. Brittany Johnson, Appellant.

Assistant Appellate Defender Breen Richard Stevens, 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 Brendan J. McDonald, all of Columbia, for Respondent. Solicitor John Gregory Hembree, of Conway, for Respondent.

In this criminal appeal, Brittany Johnson challenges her murder conviction, arguing the trial court erred in: (1) admitting her statement to police into evidence after her invocation of the right to counsel was not honored; (2) failing to grant a mistrial after the jury prematurely deliberated; (3) denying her request to instruct the jury on self-defense; and (4) denying her request to instruct the jury on involuntary manslaughter.

 
Wednesday, May 15, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-212599    Cynthia Walton, Employee, Claimant, Respondent, v. Union County Carnegie Library, Employer, SC Association of Counties, SIF, Carrier, Appellants.

Richard B. Kale, Jr. of Willson Jones Carter & Baxley, P.A., of Greenville, for Appellants. Jeremy Andrew Dantin of Harrison White Smith & Coggins, PC, of Spartanburg, for Respondent.

In this appeal from the workers' compensation commission, the employer and its insurance carrier argue the commission erred in finding that the employee sustained a compensable injury to her shoulder.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-190428    The State, Respondent, v. Darren Scott, Appellant.

Chief Appellate Defender Robert Michael Dudek and Appellate Defender David Alexander, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

Darren Gerome Scott was convicted of criminal sexual conduct in the second degree and three counts of committing a lewd act upon a minor. Scott appeals, arguing the trial court erred by allowing two witnesses to testify that Scott had previously sexually molested them. Specifically, Scott argues the admitted testimony was too remote, not sufficiently similar to the conduct alleged in the instant case, and unfairly prejudicial.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-203466    Jeremy J. Brown, Respondent, v. Bonnie Sue Odom, Appellant.

William Patrick Yon of Chapman Byrholdt & Yon, LLP, of Anderson, for Appellant. Jeremy Brown, pro se, Respondent.

Bonnie Sue Odom appeals a contempt order, arguing the family court erred in (1) finding she willfully violated a restraining order, and (2) imposing a criminal sanction for civil contempt.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-212169    John B. Leopard, Claimant, Appellant, v. Greenwood County and S.C. Association of Counties SIF, Respondents.

Lena Younts Meredith of Nicholson, Meredith and Anderson, LLC, of Greenwood, for Appellant. Richard B. Kale, Jr. of Willson Jones Carter & Baxley, P.A., of Greenville, for Respondent.

John Leopard appeals the South Carolina Workers' Compensation Commission Appellate Panel's order, arguing the Appellate Panel erred in (1) finding he did not suffer a change of condition, (2) relying on the testimony of Dr. Shallcross, and (3) finding the testimony of Drs. Poletti and Reddick was not credible.

 
12:40 p.m. (Time Limits: 10-10-5)
2011-187427    The State, Respondent, v. Anthony Tilmon, Appellant.

Assistant Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

Appellant Anthony Tilmon appeals his convictions for lewd act on a minor and criminal sexual conduct with a minor, arguing the trial court erred in: (1) failing to allow him to introduce evidence of his good character towards children; (2) denying his motion for a mistrial; and (3) denying his motion to suppress videotape of a forensic interview.

 
Thursday, May 16, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-212176    Burbage Smoak, Respondent, v. George Mitchell, Appellant.

Willie Bruce Heyward of Heirs' Property Law Center, LLC, of Charleston, for Appellant. Jeffrey Scott Weathers of Law Office of Jeffrey S. Weathers, LLC, of Moncks Corner, for Respondent,

On appeal, George Mitchell claims the trial court failed to address the required elements prior to forfeiting Mitchell's property to Burbage Smoak. In addition, Mitchell contends the trial court erred in denying him the right of redemption prior to forfeiting his property.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-212267    Edward Trimmier, DMD, Appellant, v. South Carolina Department of Labor, Licensing and Regulation, State Board of Dentistry, Respondent.

Paul Dezso de Holczer of deHolczer Law PC, of Columbia, for Appellant. Sheridon Hunter Spoon, of Columbia, for Respondents.

Edward Trimmier appeals the Administrative Law Court's order affirming the action of the State Board of Dentistry (the Board) in making the reinstatement of his license to practice dentistry contingent upon the status of his professional license in Georgia. He contends the Board's order was (1) made in violation of its statutory authority, (2) made upon unlawful procedure, (3) erroneous in light of the reliable, probative, and substantial evidence, and (4) arbitrary, capricious, and an abuse of discretion.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-212447    JP Morgan Chase Bank, National Associations, Respondent, v. Brian Adrian Tucker, Jessica C. Tucker, and Half Mike Lake Homeowner's Association, Inc., Defendants, Of whom Brian Adrian Tucker and Jessica C. Tucker are the Appellants.

Andrew Sims Radeker of Harrison & Radeker, P.A., of Columbia, and David Lloyd Thomas of Moore Taylor & Thomas, PA, of Greenville, for Appellants. Hamilton Osborne, Jr. of Haynsworth Sinkler Boyd, PA, of Columbia, for Respondent. Ronald C. Scott of Scott Law Firm, PA, of Columbia, for Respondent. Tobias Gavin Ward, Jr. and James Derrick Jackson, both of Tobias G. Ward, Jr., PA, of Columbia, SC for Respondent. Erica Greer Lybrand of Rogers Townsend & Thomas, PC, of Columbia, for Respondent. Priti Marolia Patel of Scott Law Firm, PA, of Elgin, for Respondent.

In this mortgage foreclosure action, the Tuckers appeal the trial court's order denying their motion for relief from judgment pursuant to Rule 60, SCRCP. In addition, the Tuckers assert the proceedings that resulted in the orders for ejectment shifted the burden of proof to the Tuckers and were structurally defective. They also argue the trial misapprehended the Home Affordable Modification Program (HAMP) and did not follow the directives of the administrative orders.

 
Tuesday, May 7, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2010-181526    The State, Respondent, v. Ronald McCauley, Appellant.

Assistant Appellate Defender Breen Richard Stevens, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

In this criminal case, Appellant argues the trial court erred by failing to sever Appellant's charges and erred by denying the motion for a directed verdict on the charge of first degree criminal sexual conduct with a minor.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-212029    Cynthia Crowe, Respondent, v. Michael Earl Miller, I, and Michael Earl Miller, II, Defendants, Of whom Michael Earl Miller, II is the Appellant.

Jonathan McKey Milling of Milling Law Firm, LLC, of Columbia, for Appellant. Ashley White Creech and Chad Alan McGowan, of McGowan Hood & Felder, LLC, of Rock Hill, for Respondent.

Respondent Cynthia Crowe sued Appellant Michael Earl Miller for injuries sustained in as a passenger in a boating accident in which Miller was allegedly operating the watercraft. Miller counterclaimed, alleging Crowe was driving the boat. The trial court granted Crowe's motion for judgment on the pleadings on Miller's counterclaim on the ground that Miller had previously entered an Alford plea to operating a water vehicle while under the influence and causing severe bodily injury, noting the plea addressed the same events as his counterclaim.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-209408    Andrew Marrs, Respondent, v. 1751, LLC d/b/a Saluda's and South Carolina Uninsured Employer's Fund, Defendants, Of whom 1751, LLC d/b/a Saluda's is the Appellant.

E. Ros Huff, Jr. of Huff Law Firm, LLC and Shelby Hapeshis Kellahan of Huff Law Firm, LLC, both of Irmo, for Appellant. John S. Nichols, Blake Alexander Hewitt, and Allison Paige Sullivan, all of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Respondent.

In this workers' compensation action filed by Andrew Marrs against 1751, LLC d/b/a Saluda's (Saluda's) and the South Carolina Uninsured Employer's Fund, Saluda's appeals, arguing the Appellate Panel of the South Carolina Workers' Compensation Commission erred in finding Marrs' knee injury was compensable when it occurred on stairs Saluda's prohibited Marrs from using.

 
12:00 p.m. (Time Limits: 10-10-5)
2008-111766    The State, Respondent, v. Gerald Carlisle, Jr., Appellant.

Chief Deputy Appellate Defender Wanda H. Carter, 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 Blitch, all of Columbia, for Respondent. Solicitor Strom Thurmond, Jr., of Aiken, for Respondent.

Gerald Carlisle, Jr., appeals his convictions for four counts of a lewd act upon a child and two counts of first-degree criminal sexual conduct (CSC) with a minor, arguing the trial judge erred in refusing to exclude evidence of prior alleged incidents of sexual abuse between Carlisle and the victim.

 
12:40 p.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.

 
12:40 p.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.

 
Wednesday, May 8, 2013
Court Room II
10:40 a.m. (Time Limits: 10-10-5)
2011-202989    The State, Respondent v. David Rhoad, Appellant.

Assistant Appellate Defender LaNelle DuRant, of Columbia. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

David Rhoad claims the trial court erred in denying his motion for a mistrial after the State made an inflammatory comment to the jury during the State's closing argument.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-207686    Jane Cherry, Personal Representative of the Estate of Nicholas Wayne Cherry, Appellant, v. Myers Timber Company, Inc., Respondent. Taylor C., a minor under the age of 14 years, by and through mother and natural guardian, Jane Cherry, Appellant, v. Myers Timber Company, Inc., Respondent. Carlton Quinton as Personal Representative of the Estate of Hannah Nicole Quinton, Deceased, Appellant, v. Myers Timber Company, Inc., Respondent. Alice Quinton and Carlton Quinton, Appellants, v. Myers Timber Company, Inc., Respondent. Carlton Quinton as Guardian for Timothy Q., a Minor under the Age of Eighteen, Appellant, v. Myers Timber Company, Inc., Respondent.

David Lamar Little, Jr. and Larry Dale Dove of Dove & Barton, LLC, of Rock Hill, for Appellant Jane Cherry. David Bradley Jordan of Jordan & Dunn, LLC, of Rock Hill, for Appellants Carlton Quinton and Alice Quinton. Forrest C. Wilkerson, IV, of Rock Hill, for Respondent.

In this appeal arising out of wrongful death, survival, and negligence actions, Appellants challenge the circuit court's grant of Myers Timber Company's summary judgment motion. They argue sufficient evidence was presented to raise a jury question whether Levister Logging was an employee of Myers Timber or an independent contractor.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-196688    The State, Respondent, v. Richard Burton Beekman, Appellant.

Assistant Appellate Defender Dayne C. Phillips, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.

Appellant challenges his convictions for first degree criminal sexual conduct with a minor and lewd act upon a child. He argues the trial court erred in (1) refusing to sever the two charges that involved two victims, did not arise out of a single chain of circumstances, and were not provable by the same evidence, (2) admitting alleged prior bad act evidence where there was only a general similarity between the prior bad act and the crime and the probative value was outweighed by its prejudicial effect, and (3) failing to grant a new trial where the cumulative effect of trial errors was so prejudicial as to deprive him of a fair trial.

 
Cases to be Submitted Without Oral Argument
2011-192346 Mikey M. Caldwell, Petitioner, v. State of South, Respondent.

2009-144248 Gary Miles, Petitioner, v. State of South Carolina, Respondent.

2010-149713 Timothy M. Jones, Petitioner, v. State of South Carolina, Respondent.

2010-155117 Terriel L. Mack, Petitioner, v. State of South Carolina, Respondent.

2010-159207 Booker T. McKenney, Jr., Petitioner, v. State of South Carolina, Respondent.

2010-164326 Vincent A. Torres Robinson, Petitioner, v. State of South Carolina, Respondent.

2010-170987 John Austin Acrey, Petitioner, v. State of South Carolina, Respondent.

2010-180249 Odell John Carpenter, Petitioner, v. State of South Carolina, Respondent.

2011-184792 David Jeffrey Cooley, Petitioner, v. State of South Carolina, Respondent.

2011-190104 The State, Respondent, v. Antwan Dominique Grayson, Appellant.

2011-200130 The State, Respondent v. Jodie Turner, Appellant.

2011-202067 The State, Respondent v. Issac McDaniel, Appellant.

2012-206306 The State, Respondent v. David Pacetti, Appellant.

2012-210427 In the Matter of the Care and Treatment of John E. Darnell, Appellant.

2009-146546 Miguel Ramirez, Petitioner, v. State of South Carolina, Respondent.

2010-149726 Khidhr Greene, Petitioner, v. State of South Carolina, Respondent.

2010-155428 Spartanburg Sanitary Sewer District, Respondent, v. Randy P. Silver, Appellant.

2010-161450 Marion Miller, Petitioner, v. State of South Carolina, Respondent.

2010-168755 Otis L. Culbreath, Petitioner, v. State of South Carolina, Respondent.

2010-172366 The State, Respondent v. Antonio Patterson, Appellant.

2011-183387 Dennis H. Crowe, Petitioner, v. State of South Carolina, Respondent.

2011-185126 Ricky Lavelle Davenport, Petitioner, v. State of South Carolina, Respondent.

2011-191876 In the Matter of the Estate of Reba P. Hinson, Probate 2008-ES-12-297, Mell Woods, Appellant, v. Robert H. Breakfield, as Personal Representative of the Estate of Reba P. Hinson, Respondent.

2011-192987 Damian Lamar Blackmon, Petitioner, v. State of South Carolina, Respondent.

2011-199146 The State, Respondent, v. Emilio Burton Craig, Appellant.

2011-201066 Mell Woods, Appellant, v. Robert H. Breakfield, as Personal Representative of the Estate of Reba P. Hinson, Respondent.

2011-203387 Vanessa Patrick, Appellant, v. South Carolina Department of Labor, Licensing and Regulation, State Real Estate Commission, Respondent.

2012-208507 The State, Respondent, v. Walter Dorsch, Appellant.

2012-212206 Anand B. Patel, Appellant, v. Nalini R. Patel, Respondent.

2009-147971 Billy Ray Mills, Petitioner, v. State of South Carolina, Respondent.

2010-155109 James Arthur Nesbitt, Petitioner, v. State of South Carolina, Respondent.

2010-156206 Phillip Mitchell, Petitioner, v. State of South Carolina, Respondent.

2010-163646 Benjamin Lee Johnson, Petitioner, v. State of South Carolina, Respondent.

2010-169971 Quincy Maurice Nash, Petitioner, v. State of South Carolina, Respondent.

2010-176046 Troy Brown, Petitioner, v. State of South Carolina, Respondent.

2011-183391 Artie Tyrone Burns, Petitioner, v. State of South Carolina, Respondent.

2011-188946 Mark Daniel Cureton, Petitioner, v. State of South Carolina, Respondent.

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

2011-198190 The State, Respondent, v. Albert J. Cave, Jr., Appellant.

2011-201809 The State, Respondent, v. Marlin Hutley, Appellant.

2011-199426 Mikie M. Caldwell, Petitioner, v. State of South Carolina, Respondent.

2011-204926 Donnie Eison, Petitioner, v . State of South Carolina, Respondent.

2012-209227 Joseph N. Grate, Appellant, v. Waccamaw EOC, Inc., Respondent.

2011-190306 Mary Margaret Ruff, f/k/a Mary Margaret Nunez, Appellant, v. Samuel Nunez, Jr., Respondent.