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Court of Appeals - Roster of Cases for Hearing

June 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, June 3, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-193426    The State, Respondent, v. Matthew Frazier, Appellant.

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.

Matthew Frazier appeals his convictions for trafficking cocaine, possession with intent to distribute crack cocaine, and simple possession of marijuana. He argues the trial court erred in denying his motion to suppress evidence found during the execution of a search warrant, which Frazier alleges was facially insufficient to establish probable cause.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-212621    Celeste Hemingway as Personal Representative for the Estate of Ronnie Earl Davis and David Brown, Appellant, v. Marion County and Marion County Prison Camp, Respondents,

Eric Marc Poulin of Anastopoulo Law Firm, LLC, of North Charleston, for Appellant. D. Malloy McEachin, Jr. of McEachin & McEachin, P.A., of Florence, for Respondents.

In this tort action, Appellants appeal the trial court's grant of summary judgment. Specifically, Appellants contend the trial court erred in finding their causes of action are barred by the exclusivity provision of the Workers' Compensation Act because the claims fall within the personal comfort doctrine.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-212660    Amanda and Michael Griggs, Appellants, v. Nationstar Mortgage, LLC., Respondent.

Patrick James McLaughlin of Wukela Law Office of Florence, for Appellants. John Thomas Lay and Childs Cantey Thrasher, of Gallivan, White & Boyd, PA, of Columbia, for Respondent. Geremy Gregory of Atlanta, Georgia, for Respondent. Christopher S. Anulewicz of Atlanta, Georgia, for Respondent.

This appeal concerns the circuit court's dismissal of Appellants' defamation, tortious interference with a prospective contract, unfair trade practices, and negligent misrepresentation causes of actions.

 
12:00 p.m. (Time Limits: 10-10-5)
2008-095691    Employers Insurance of Wausau, Respondent, v. Eric C. Hansen, Appellant and Robert J. Moran, Respondent and Eric C. Hansen (Third-Pary Plaintiff), Appellant, v. Caldwells Diving Co., Inc. (Third Party Defendant), Respondent.

Eric Hansen, pro se Appellant. Pope D. Johnson, III of Johnson & Barnette, LLP, of Columbia, for Respondent Employers Insurance of Wausau. John S. Wilkerson, III of Turner Padget Graham & Laney, PA, of Charleston, for Respondent Robert J. Moran. Mary Bass Lohr and Robert W. Achurch, III, both of Howell Gibson & Hughes, PA, of Beaufort, for Respondent Caldwell's Diving.

Employers Insurance of Wausau filed this action against Eric C. Hansen and Robert J. Moran asserting entitlement to funds held in escrow by Moran. Hansen answered, counterclaimed, and cross-claimed asserting, inter alia, entitlement to the funds. Hansen also filed a third-party action against Caldwell's Diving Co., Inc. After remand by this Court, Hansen appeals numerous orders including the partial grant of summary judgment; the grant of a motion to amend an answer; and an order granting dismissal.

 
Tuesday, June 4, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-196490    The State, Respondent, v. Retha Sturdivant, Appellant.

Stuart Mark Axelrod of Axelrod & Associates, P.A., of Myrtle Beach, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for Respondent. Solicitor John Gregory Hembree, of North Myrtle Beach, for Respondent.

Retha Pierce Sturdivant appeals her conviction of resisting arrest which is a violation of section 16-9-320(A) of the South Carolina Code. She contends the trial court erred in failing to direct a verdict in her favor based upon the arresting officer's lack of intent to effectuate an arrest prior to any manual touching, and further, based upon her unlawful arrest.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-170047    The State, Respondent v. Dondre Scott, 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 Edgar Lewis Clements, III of Florence, for Respondent.

Appellant Dondre Scott appeals his convictions for murder, armed robbery, and possession of a weapon during the commission of a violent crime. Scott argues the trial court erred in granting the State's Batson motion and quashing the first jury selected.

 
11:20 a.m. (Time Limits: 10-10-5)
2010-173126    The State, Respondent v. Michael Watson, Appellant.

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 Deputy Attorney General David A. Spencer, all of Columbia, for Respondent. Solicitor Donald V. Myers, of Lexington, for Respondent.

Michael Watson appeals his convictions for voluntary manslaughter, pointing and presenting a firearm, and possession of a firearm during the commission of a violent crime. Watson argues the trial court erred in (1) denying his motion to reconsider his thirty-year sentence for voluntary manslaughter, and (2) failing to suppress the statement he made after exercising his right to remain silent.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-172246    The State, Respondent v. Rashaun Sobers, 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, of Columbia, for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

Rashaun Sobers appeals his conviction for murder, arguing the trial court erred in (1) excluding testimony from five witnesses regarding gangs and gang signs made at the scene of the shooting, and (2) finding Officer Rocky Watts was not qualified as an expert in gang activity.

 
2:20 p.m. (Time Limits: 10-10-5)
2010-159988    The State, Respondent v. Jerome Watson, Appellant.

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 William M. Blitch, Jr., all of Columbia, for Respondent. Solicitor Kevin Scott Brackett, of York, for Respondent.

Jerome Elton Watson was convicted of possession of heroin with intent to distribute (PWID heroin). He appeals, arguing the trial court erred in (1) charging the jury and submitting a verdict form reflecting PWID heroin and purchasing heroin as two separate offenses, (2) permitting the State to proceed on a second amended indictment that was not presented to the grand jury and reflected cocaine-related offenses instead of heroin-related offenses, and (3) admitting expert witness testimony from an employee of the solicitor's office concerning how much heroin a dealer, as opposed to a user, would likely possess.

 
3:00 p.m. (Time Limits: 10-10-5)
2010-165126    The State, Respondent v. Justin Hillerby, Appellant.

Tricia A. Blanchette of Law Office of Tricia A. Blanchette, LLC, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

Justin Ryan Hillerby appeals his conviction and sentence for homicide by child abuse, arguing the trial court erred in (1) failing to suppress statements attributed to him, (2) admitting evidence of prior bad acts, and (3) admitting irrelevant testimony.

 
Wednesday, June 5, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2010-176426    The State, Respondent v. Timmy Rogers, Appellant.

Appellate Defender Breen Richard Stevens and Appellate Defender David Alexander, 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 Alphonso Simon, Jr., all of Columbia, for Respondent. Solicitor John Gregory Hembree, of Conway, for Respondent.

A jury found Timmy Rogers guilty of murder for the death of Fred Engel. Rogers argues the circuit court erred when it refused to direct a verdict in his favor because the State failed to prove Rogers strangled Engel.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-177286    The State, Respondent v. David Tyre, Appellant.

Appellate Defender Breen Richard Stevens and Appellate Defender Carmen Ganjehsani, both 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. Sollcitor Barry Joe Barnette, of Spartanburg, for Respondent.

Appellant David Tyre seeks review of his convictions for homicide by child abuse and infliction of great bodily injury upon a child. Appellant argues that the trial court erred in declining to sever the charges because the charged offenses constituted separate and distinct acts. Appellant also argues that the trial court erred in declining to direct a verdict of acquittal on the charge of infliction of great bodily injury upon a child because there was no evidence as to the extent of a fracture in the child's arm.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-186046    The State, Respondent v. James Moore, 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.

In this criminal appeal, James Allen Moore contends the trial court erred in failing to give the jury Moore's requested charge regarding reasonable doubt. He maintains the trial court's charge diluted the jury's burden and resulted in a violation of his right to due process.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-186586    Anjay Patel, Mani Investments, LLC d/b/a Cornerstop Stores, and Mani One, Inc., Appellants, v. The Garrett Law Firm, PC, Carson M. Henderson, Billy J. Garrett, Jr., T. Scott Ward, One Stop Marina, Inc., Greenwood Realty, Inc., Renee Simchon, Defendants, Of Whom The Garrett Law Firm, PC, Carson M. Henderson, Billy J. Garrett, Jr. are Respondents.

Thomas Alexander Belenchia and John Clifford Strickland, both of A Business Law Firm, of Spartanburg, for Appellants. R. Davis Howser, Andrew Elliott Haselden, and Justin Paul Novak, all of Howser Newman & Besley, LLC, of Columbia and Charleston, for Respondents.

Anjay Patel, Mani Investments, LLC, and Mani One Inc. appeal the circuit court's granting of summary judgment on their legal malpractice claim in favor of Billy J. Garrett Jr., Carson M. Henderson, and The Garrett Law Firm. The Appellants contend issues of material fact remain on all four elements of their legal malpractice claim and, thus, summary judgment was inappropriate.

 
Thursday, June 6, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-189207    Randy Lee Griswold, Respondent, v. Kathryn Lynn Griswold, Appellant.

Thomas M. Neal, III of Law Offices of Thomas M. Neal, III, of Columbia, for Appellant. M. Gwyn DuBose-Schmitt, of Lexington, for Respondent. Douglas Kosta Kotti, of Columbia, for Respondent.

In this appeal of a decree of divorce, Wife argues the family court abused its discretion in denying her motion for a continuance when the request was supported by her physician's statement that Wife was unable to attend the trial.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-189886    The State, Respondent v. Lance Williams, Appellant.

Richard A. Harpootlian, M. David Scott, and Graham L. Newman of Richard A. Harpootlian, PA, 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 John Benjamin Aplin, all of Columbia, for Respondent. Solicitor Donald V. Myers, of Lexington, for Respondent.

Lance Williams appeals his convictions of criminal sexual conduct with a minor, first degree, and unlawful conduct towards a child. He argues the trial court erred in (1) admitting statements given in violation of Miranda; (2) denying his motion for a directed verdict for the unlawful conduct towards a child charge; and (3) admitting enlarged anatomical diagrams and photographs of the victim.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-190816    The State, Respondent v. William Ross, Appellant.

Appellate Defender Breen Richard Stevens, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, both of Columbia, for Respondent.

William Ross appeals his conviction for criminal sexual conduct (CSC) in the third degree, asserting the trial court erred by permitting the State to discuss first and second degree CSC in its closing argument, when Ross was on trial for third degree CSC and no evidence was presented as to first or second degree CSC.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-191186    The State, Respondent v. Leslie Twyman, Appellant.

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 Deputy Attorney General David A. Spencer. all of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.

Leslie Twyman appeals his convictions for criminal sexual conduct, 1st degree, and criminal sexual conduct, 3rd degree, arguing the circuit court erred in denying his directed verdict motion. He contends the State did not prove he did not use "forcible" penetration and the accuser was not mentally incapacitated, as required by the statute.

 
Tuesday, June 11, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-192026    The State, Respondent, v. Willie Poole, Appellant.

Deputy Chief 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 Mark Reynolds Farthing, all of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

In this criminal case, Appellant argues the trial court erred by failing to declare a mistrial when defense counsel elicited inadmissible and prejudicial character evidence.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-192486    Pamela Dill as the Attorney-in-Fact and Natural Mother of Britten Teno, Appellant, v. Colony Insurance Company, Gill-Young Insurance now known as Gill Insurance, LLC or The Gill Agency and Hull & Company, Inc., Respondents.

Robert Verner Phillips of McGowan Hood & Felder, LLC, of Rock Hill, for Appellant. John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. Joel W. Collins, Jr. of Collins & Lacy, PC, of Columbia, for Respondent Gill-Young Insurance. Robert Fredrick Goings of Goings Law Firm, LLC, of Columbia, for Respondent Gill-Young Insurance. Phillip E. Reeves and Jennifer D. Eubanks of Gallivan, White & Boyd, PA, of Greenville, for Respondent Hull & Company, Inc. Elizabeth Ann Martineau of Martineau King PLLC, of Charlotte, North Carolina, for Respondent Colony Insurance Company. L. Kristin King, of Charlotte, North Carolina, for Respondent Colony Insurance. Company

In this action arising out of an alleged assault and battery at the Barn Club, Inc. d/b/a The Money (Barn Club), Pamela Dill, as the attorney-in-fact and natural mother of Britten Teno, appeals from an order of summary judgment in favor of Colony Insurance Company, Gill-Young Insurance, and Hull & Company (collectively, Respondents). Dill argues the trial court erred in: (1) declining to adopt the doctrine of reasonable expectations; (2) finding Respondents did not have a duty to advise Jim Morton, the former president of the Barn Club; (3) determining Morton's failure to read the insurance policy is a bar to liability; and (4) finding the statute of limitations bars her claims of negligence and negligent misrepresentation.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-193674    The State, Respondent, v. Jeffrey Riebe, Appellant.

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 Senior Assistant Attorney General Melody J. Brown, all of Columbia, for Respondent. SolicitorJohn Gregory Hembree, of North Myrtle Beach, for Respondent.

This appeal arises from Appellant Jeffrey Riebe's murder conviction. On appeal, Riebe argues the trial court erred by (1) failing to dismiss the case based on the State's failure to preserve exculpatory evidence, and (2) limiting the testimony of Riebe's DNA expert.

 
12:40 p.m. (Time Limits: 10-10-5)
2009-129310    The State, Respondent, v. Bobby Alexander Gilbert, Appellant.

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 Donald J. Zelenka, and Assistant Attorney General J. Anthony Mabry, all of Columbia, for Respondent. Solicitor William Benjamin Rogers, Jr., of Bennettsville, for Respondent.

Bobby Alexander Gilbert appeals his convictions for murder, armed robbery, and grand larceny, arguing the trial court erred in granting the State's motion to re-strike the jury based on Gilbert's alleged discriminatory use of peremptory juror strikes.

 
Wednesday, June 12, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-196208    The State, Respondent, v. Anthony Lounds, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia. for Respondent.

Appellant Anthony Lounds seeks review of his convictions for armed robbery and possession of a weapon during the commission of a violent crime. Appellant argues that the trial court erred in declining to recuse himself because he had presided over a previous trial of Appellant. Appellant also argues that the trial court erred in denying his motion for a mistrial when a juror waited until after she had been seated to disclose that she had been the victim of a violent crime.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-196686    The State, Respondent, v. Kenneth S. Bolden, Appellant.

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.

Kenneth Bolden appeals his conviction for violating section 16-13-160 of the South Carolina Code (2003). Bolden argues the trial court erred in admitting a videotape made by the police officers who investigated the incident.

 
11:20 a.m. (Time Limits: 20-20-10)
2009-112467    Scott F. Lawing and Tammy R. Lawing, Appellants, v. Univar, USA, Inc., Trinity Manufacturing, Inc., and Matrix Outsourcing, LLC, Defendants, Of Whom Trinity Manufacturing, Inc. and Matrix Outsourcing, LLC, are Respondents.

Larry C. Brandt of Larry C. Brandt, PA, of Walhalla, for Appellants. Robert Paul Foster of Foster Law Firm, LLC, of Greenville, for Appellants. John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellants. William P. Walker, Jr., of Walker & Morgan, LLC, of Lexington, for Appellants. Ellis M. Johnston, II of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondents. Gray Thomas Culbreath of Gallivan, White & Boyd, PA, of Columbia, for Respondents. Christian Stegmaier of Collins & Lacy, PC, of Columbia, for Respondents. Joshua L. Howard of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondents. Amy Lynn Neuschafer of Collins & Lacy, PC, of Murrells Inlet, for Respondents.

Plaintiffs Scott and Tammy Lawing appeal the trial court's order granting summary judgment to the defendants on the Lawings' strict liability claims. The Lawings also appeal the trial court's decision to instruct the jury on the sophisticated user doctrine.

 
12:30 p.m. (Time Limits: 10-10-5)
2011-199006    Melissa Anne York and Olga Joanne Cristy, Appellants, v. Dodgeland of Columbia, Inc. and Jim Hudson Automotive Group, and Jim Hudson Superstore, a/k/a Jim Hudson Hyundai, Respondents.

Patrick E. Knie of Patrick E. Knie, PA, of Spartanburg, for Appellants. William Angus McKinnon and Susan Foxworth Campbell of McGowan Hood & Felder, LLC, of Columbia, for Appellants. Steven W. Hamm and Jo Anne Wessinger Hill, both of Richardson Plowden & Robinson, PA, of Columbia, for Respondents. Rebecca Laffitte and John Michael Montgomery of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Respondent Dodgeland of Columbia. Claude E. Hardin, Jr. of Hardin Law Firm, LLC, of Columbia, for Respondent Jim Hudson Automotive.

Appellants Melissa Anne York and Olga Joanne Cristy appeal the trial court's order compelling arbitration between Appellants and Respondents Dodgeland of Columbia, Inc. and Jim Hudson Automotive Group.

 
2:30 p.m. (Time Limits: 10-10-5)
2012-212270    South Carolina Department of Social Services, Respondent, v. Melissa S., Christopher T., Defendants, Of Whom Christopher T. is the Appellant, In the interest of minor children under the age of 18 years.

William Jeffrey McGurk, of Spartanburg, for Appellant. Deborah Murdock, of Mauldin, for Respondent. Michael Todd Thigpen, of Spartanburg, for guardian ad litem.

 
Thursday, June 13, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-199787    The State, Respondent, v. John Peter Barnes, Appellant.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent.

John Peter Barnes appeals his conviction for committing a lewd act on a minor contending the circuit court erred in qualifiying a witness as an expert in forensic interviewing and in denying his motion for a hearing to consider removal of a solicitor because that solicitor had been involved in interviewing the minor victim.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-201527    Westside Meshekoff Family Limited Partnership, Appellant, v. South Carolina Department of Transportation; DW Properties, LLC; Danwood LLC; Robert W. Denton; and Alpine of SC, Inc., Defendants, Of Whom The South Carolina Department of Transportation is the Respondent.

Edwin Russell Jeter, Jr. of Jeter & Williams, PA, of Columbia, for Appellant. Charles Harry McDonald of Robinson McFadden & Moore, PC, of Columbia, for Appellant. Patrick John Frawley of Davis Frawley Anderson McCauley Ayer Fisher & Smith, LLC, of Lexington, for Respondent.

Westside Meshekoff Family Limited Partnership appeals the trial court's denial of its request for equitable apportionment of repair and maintenance costs of a drainage easement.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-199986    In the Matter and Care Treatment of Christopher Taft, Appellant.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent.

Christopher Taft appeals the jury determination that he met the legal definition of a sexually violent predator under section 44-48-30 of the South Carolina Code. Taft argues the circuit court erred in failing to grant his motion for judgment notwithstanding the verdict (JNOV) and in allowing the state to proceed with a second evaluation after the expiration of the 90-day statutory period.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-203927    The State, Respondent, v. Michael L. Couch, Appellant.

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

Michael L. Couch appeals his convictions for assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, and possession of a weapon during the commission of a violent crime. Couch contends the circuit court erred in admitting the written statement of his common-law wife concerning the assault because communications between them were privileged. He also claims error in the circuit court's refusal to sever for trial the cases of the two victims involved in the assault.

 
Tuesday, June 4, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2012-209192    Aubry G. Alexander, Sr., Respondent, v. South Carolina Department of Transportation, Appellant.

Elmer Kulmala of Harvey & Kulmala, of Barnwell, for Appellant. Paul E. Tinkler of Law Office of Paul E. Tinkler, of Charleston, for Respondent. C. Bradley Hutto of Williams & Williams, of Orangeburg, for Respondent.

In this tort action, the South Carolina Department of Transportation (SCDOT) appeals the trial court's denial of its motion for JNOV, arguing the Respondent, Aubrey Alexander, failed to produce evidence indicating SCDOT's acts or omissions proximately caused his injury. SCDOT further argues it was entitled to a JNOV because Alexander failed to present evidence of a standard of care.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-192487    Samuel Richardson, Appellant, v. Linda Richardson, Respondent.

Melvin Dean Bannister, of Columbia, for Appellant. Stephen L. Hudson of Law Offices of Stephen L. Hudson, PC, of Columbia, for Respondent.

Samuel Richardson appeals a divorce decree in which the family court found that he and Respondent Linda Richardson should each receive fifty percent of the marital properties and obligations.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-205447    The State, Respondent, v. William Sosebee, Appellant.

Stephen D. Schusterman of Schusterman Law Firm, of Rock Hill, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, both of Columbia, for Respondent.

William Sosebee appeals his convictions for assault and battery in the first degree, attempted armed robbery, kidnapping, and possession of a deadly weapon during the commission of a violent crime. He argues the trial court erred in denying his motions for: (1) directed verdict or judgment notwithstanding the verdict (JNOV) on the charge of kidnapping; (2) directed verdict and/or JNOV on the charge of attempted armed robbery; and (3) dismissal of all charges based on double jeopardy.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-167826    The State, Respondent, v. Tyrone Beaty, Appellant.

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 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, Appellant argues the trial court erred by allowing a police officer to testify that the gunshot wound to the victim's hand was a defensive wound.

 
Wednesday, June 5, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-185767    Pee Dee Health Care, P.A., Appellant, v. Hugh S. Thompson, III, Louise T. Dailey as personal representatives of the Estate of Hugh S. Thompson, Respondents.

Tony Ray Megna of Matthews & Megna, LLC, of Columbia, for Appellant. John J. James, II of Paulling & James, LLP, of Darlington, for Respondents. Jon Rene Josey of Turner Padget Graham & Laney, PA, of Florence, for Respondents.

In this civil matter, Pee Dee Health Care, P.A. ("PDHC") brought suit against the estate of Hugh S. Thompson, a doctor who worked for PDHC, alleging that Thompson made misrepresentations during his employment regarding his status as a qualified Medicare provider. On appeal, PDHC argues the circuit court erred in dismissing PDHC's appeal from the probate court.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-197671    Pee Dee Health Care, P. A., Appellant, v. Estate of Hugh S. Thompson, Respondent.

Tony Ray Megna of Matthews & Megna, LLC, of Columbia, for Appellant. John J. James, II of Darlington, for Respondent. Jon Rene Josey of Turner Padget Graham & Laney, PA, of Florence, for Respondent.

In this civil matter, Pee Dee Health Care, P.A. ("PDHC") brought suit against the estate of Hugh S. Thompson, a doctor who worked for PDHC, alleging that Thompson made misrepresentations during his employment regarding his status as a qualified Medicare provider. On appeal, PDHC argues the circuit court erred in disqualifying Thompson's counsel.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-203391    Pee Dee Health Care, P.A., Appellant, v. Hugh S. Thompson, III, Louise T. Dailey as Personal Representatives of the Estate of Hugh S. Thompson, Respondent.

Benjamin Rushton Matthews and Tony Ray Megna, of Matthews & Megna, LLC, of Columbia, for Appellant. John J. James, II of Paulling & James, LLP, of Darlington, for Respondent. Jon Rene Josey of Turner Padget Graham & Laney, PA, of Florence, for Respondent.

In this civil matter, Pee Dee Health Care, P.A. ("PDHC") brought suit against the estate of Hugh S. Thompson, a doctor who worked for PDHC, alleging that Thompson made misrepresentations during his employment regarding his status as a qualified Medicare provider. On appeal, PDHC argues the circuit court erred in granting summary judgment to Thompson's estate.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-187130    The State, Respondent v. Charles Pennell, 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 Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia, for Respondent. Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

Appellant argues trial court erred in refusing to grant a directed verdict on charge of attempted carjacking as another person was not operating the vehicle or inside the vehicle at the time of the incident.

 
Cases to be Submitted Without Oral Argument
2010-164306 Ronald I. Roberts, Petitioner, v. State of South Carolina, Respondent.

2010-155116 Willie Jerome Lopez, Petitioner, v. State of South Carolina, Respondent.

2010-155071 Bruce Edward Kirton, Petitioner, v. State of South Carolina, Respondent.

2009-146727 Tony Moore, Petitioner, v. State of South Carolina, Respondent.

2011-185066 Jeremy Avery, Petitioner, v. State of South Carolina, Respondent.

2011-192809 Thomas L. Davis, Petitioner, v. State of South Carolina, Respondent.

2010-163686 Phillip J. Miller, Petitioner, v. State of South Carolina, Respondent.

2010-162269 Ervin Lopez, Petitioner, v. State of South Carolina, Respondent.

2010-155072 Clifford Lamont Moore, Petitioner, v. State of South Carolina, Respondent.

2010-168266 Jennifer Lemacks, Petitioner, v. State of South Carolina, Respondent.

2011-200586 The State, Respondent, v. Perry Bernard Buchanan, Appellant.

2010-157827 Heyward Johnson, Petitioner, v. State of South Carolina, Respondent.

2011-189775 Tobious Jermaine Foster, Petitioner, v. State of South Carolina, Respondent.

2011-196571 Travis Rondall Brown, Petitioner, v. State of South Carolina, Respondent.

2010-162426 Damian Lingard, Petitioner, v. State of South Carolina, Respondent.

2010-160667 Daniel L. Larry, Petitioner, v. State of South Carolina, Respondent.

2011-200566 Tommy S. Adams, Petitioner, v. State of South Carolina, Respondent.

2010-157806 Dewayne Shawn McKenzie, Petitioner, v. State of South Carolina, Respondent.

2009-148606 James Lawton, Petitioner, v. State of South Carolina, Respondent.

2011-194548 Ronald Donald Dingle, Petitioner, v. State of South Carolina, Respondent.

2011-201106 Chico Bell, Respondent, v. State of South Carolina, Petitioner.

2012-212619 The State, Respondent v. Comest Sabatino Allen, Apellant

2011-192931 William H. Jenkins, Petitioner, v. State of South Carolina, Respondent.

2010-173947 Steve Bagwell, Petitioner, v. State of South Carolina, Respondent.

2012-208506 The State, Respondent, v. Alfred Clay Jackson, Appellant.

2012-210569 The State, Respondent, v. Jalon Taylor, Appellant.

2011-190814 James T. Dickerson, Petitioner, v. State of South Carolina, Respondent.

2011-197710 Dominic M. Derricotte, Petitioner, v. State of South Carolina, Respondent.

2011-184790 Antonio D. Bradley, Petitioner, v. State of South Carolina, Respondent.

2009-142606 John TaMorris McClure, Petitioner, v. State of South Carolina, Respondent.

2011-192990 Curtis Green, Petitioner, v. State of South Carolina, Respondent.

2010-180275 Vincent J. Beaton, Petitioner, v. State of South Carolina, Respondent.

2010-177775 Fela Jamison, Petitioner, v. State of South Carolina, Respondent.

2010-159526 George Ramantanin, Petitioner, v. State of South Carolina, Respondent.

2011-191072 Charles Kenyatta, Petitioner, v. State of South Carolina, Respondent.