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Court of Appeals - Roster of Cases for Hearing

March 2017

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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, March 7, 2017
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2013-002665    The State, Respondent, v. Jarret Graddick, Appellant.

Steven Edward Buckingham of The Law Office of Steven Edward Buckingham, LLC, of Greenville, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Jarret Graddick appeals his conviction of armed robbery, arguing the trial court erred in (1) denying his motion for a directed verdict, (2) admitting an inculpatory statement made by a non-testifying co-defendant in violation of the Confrontation Clause, and (3) trying him and his co-defendants in a joint trial.

 
11:20 a.m. (Time Limits: 10-10-5)
2014-002242    Windswept Villas III Horizontal Property Regime, Respondent, v. Elaine Devlin Peery a/k/a Elaine D. Peery, Appellant.

Vernee Chnita Hancock of Hancock Law Firm, of Summerville, for Appellant. George Trenholm Walker of Walker Gressette Freeman & Linton, LLC, of Charleston, for Respondent.

Elaine Peery appeals the master-in-equity's orders finding her in contempt and sanctioning her to fines, disbursing funds held in trust to Windswept Villas III Horizontal Property Regime (Windswept), and denying her Rule 60(b) motion to vacate a prior judgment. On appeal, Peery argues the master erred in (1) finding it had personal jurisdiction when Windswept never established proper service, (2) denying her procedural due process by granting Windswept relief without requiring it to prove proper service, and (3) awarding Windswept attorney's fees.

 
Wednesday, March 8, 2017
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2014-001235    In the Matter of the Care and Treatment of Carl Matthew Asquith, Appellant.

Appellate Defender Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe. both of Columbia, for Respondent.

Carl M. Asquith appeals his order of commitment to the Department of Mental Health for long-term control, care, and treatment after a jury found he satisfied the definition of a sexually violent predator pursuant to the Sexually Violent Predator Act. Asquith contends the trial court erred in failing to suppress evidence gathered by a second evaluator in violation of his due process rights and his statutory right to an attorney.

 
10:40 a.m. (Time Limits: 10-10-5)
2015-000225    Paulo L. Zortea, Appellant, v. Anne C. Zortea n/k/a Anne C. Spearman, Respondent.

Richard H. Rhodes and William Hardwick Rhodes, both of Burts Turner & Rhodes, of Spartanburg, for Appellant. Scarlet Bell Moore, of Greenville, for Appellant. Vanessa Hartman Kormylo of Vanessa Hartman Kormylo, P.A., of Greenville, for Respondent. David Michael Collins, Jr. of Collins & Chryst, P.C., of Greenville, for Respondent. Charles Grant Varner of Varner & Segura, of Greenville, for Respondent.

Appellant Paulo L. Zortea argues the family court erred by awarding Respondent Anne C. Zortea custody of their child because Appellant was the child's primary caretaker, Respondent made decisions not in the child's best interest, and the weight of the evidence showed the family court should have awarded custody to Appellant. Appellant also claims the family court erred by awarding attorney's fees to Respondent, restricting Appellant's travel, restricting both parents from "making well check calls" to the child's school, and requiring Appellant to pay "a substantial portion" of the guardian ad litem's fees.

 
11:20 a.m. (Time Limits: 10-10-15-5-5)
2015-001146    Kiawah Resort Associates, L.P., a Delaware Limited Partnership, and Kiawah Development Partners II, Inc., Appellants/Respondents, v. Kiawah Island Community Association, Inc., a South Carolina Not-for-Profit Corporation, Respondent, and Kiawah Property Owners Group, Inc. and Inlet Cove Club Homeowners Association, Inc., Respondents/Appellants.

Ellis Reed-Hill Lesemann and Michelle Alyce Matthews, both of Lesemann & Associates LLC, of Charleston, for Appellants/Respondents Kiawah Resort Associates, L.P. and Kiawah Development Partners II, Inc. Amy Elizabeth Armstrong and Jessie Allison White, both of S.C. Environmental Law Project of Pawleys Island, for Respondents/Appellants Inlet Cove Club Homeowners Association, Inc. and Kiawah Property Owners Group. Allison Carter Jett of Weissman, P.C., of Atlanta, Georgia, for Respondent Kiawah Island Community Association, Inc.

In these cross-appeals Kiawah Resort Associates, L.P. (KRA) and Kiawah Development Partners II LLC (KDP II) (collectively Appellants) appeal from the Master-in-Equity's order declining to reform deeds given to Kiawah Island Community Association (KICA). Appellants assert the master erred by refusing to consider KICA's subsequent conduct as evidence of mutual mistake and finding there was no evidence KICA did not intend to accept 4.62 acres of oceanfront property as common area. Kiawah Property Owners Group, Inc. (KPOG) and Inlet Cove Club Homeowners Association (ICCHA) assert the master properly declined to reform the deed, but appeal the master's order finding KPOG and ICCHA did not have standing to participate in the action between Appellants and KICA.

 
Thursday, March 9, 2017
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2014-001391    The State, Respondent, v. Damon Ellis Moody, Appellant.

Rose Mary Parham of Parham Law Firm, LLC, of Florence, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General John Benjamin Aplin, both of Columbia, for Respondent. Solicitor Edgar L. Clements, III, of Florence, for Respondent.

Damon Moody appeals his convictions and sentences for two counts of pointing and presenting a firearm. On appeal, Moody argues the trial court erred by (1) precluding Moody from cross-examining victim Jermichael Wright about the dismissal of an assault and battery charge; (2) precluding Moody from cross-examining witness Tabitha Durant about (a) the dismissal of her charges for breach of trust with fraudulent intent and conspiracy to commit insurance fraud; (b) Moody reporting Durant to law enforcement for insurance fraud; and (c) dismissal of Durant's husband's investigation interference charge related to this case; (3) precluding Moody from cross-examining Durant about her mental health; (4) denying Moody immunity under the Protection of Persons and Property Act; and (5) not charging the jury on the common law defense of habitation.

 
10:40 a.m. (Time Limits: 10-10-5)
2015-000680    Emily Carlson and Alice Preyer, Petitioners, v. John C. Dockery, III , Respondent. In re Emily Chesire Dockery, Of whom Emily Carlson and Alice Preyer are the Respondents, and Emily Chesire Dockery is the Appellant.

Mary Madison Brittain Langway and Thomas C. Brittain, both of The Brittain Law Firm, P.A., of Myrtle Beach, for Appellant. James Franklin McCrackin of Nelson Mullins Riley & Scarborough, LLP, of Myrtle Beach, for Respondents. Virginia Lee Moore, of Surfside Beach, Guardian ad Litem.

Emily Cheshire Dockery (Dockery) appeals the circuit court's affirmance of several probate court orders arguing the circuit court erred in affirming the probate court's (1) finding that she was incapacitated and in need of a third-party conservator, (2) enforcement of a settlement agreement, (3) refusal to admit testimony from John C. Dockery, III, (4) exclusion of portions of Dr. Jeff Benjamin's testimony, (5) appointment of a person other than John C. Dockery, III, as conservator, (6) finding that Dockery was responsible for all fees and costs of both the guardian ad litem and Dr. Leonard Goldschmidt, and (7) refusal to admit Clifford H. Tall as an expert.

 
11:20 a.m. (Time Limits: 10-10-5)
2015-001941    Elizabeth J. Langley, Appellant, v. Wendy J. Lynch, Rebecca M. Lynch, James M. Lynch, II, Donald Jordan, III, Jimmy white and S. Porter Stewart, II, as Personal Representative of the Estate of James M. Lynch, Defendants, Of whom Wendy J. Lynch is the Respondent.

Jon Rene Josey of Turner Padget Graham & Laney, PA, of Florence, for Appellant. Joseph M. McCulloch, Jr., and Kathy R. Schillaci, both of McCulloch and Schillaci, both of Columbia, for Respondent.

Elizabeth Langley appeals the circuit court's grant of summary judgment arguing she has presented sufficient evidence to create a genuine issue of material fact regarding (1) James Lynch's (Testator) capacity to make a will and (2) whether Testator's will was the product of undue influence.

 
12:00 p.m. (Time Limits: 10-10-5)
2013-002394    The State, Respondent, v. Earnest Stewart Daise, Appellant.

Allen Mattison Bogan and Phillips Lancaster McWilliams, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.

Earnest Daise appeals his murder convictions along with his convictions for assault and battery with intent to kill, possession with intent to distribute marijuana, and trafficking in cocaine. Daise argues the trial court erred in 1) allowing a witness to offer hearsay testimony that also violated his Confrontation Clause rights, 2) allowing a witness to impermissibly comment on another witness's credibility, 3) allowing irrelevant testimony that a victim feared Daise, 4) failing to require the State to produce materials that Daise asserts was a "handbook" on how to circumvent a Batson challenge, 5) admitting a photograph of Daise in a custodial pose, and 6) admitting a photograph that depicted a child victim's birthday cake. Finally, Daise argues he is entitled to a new trial because the trial court's cumulative errors denied him a fair trial.

 
Tuesday, March 14, 2017
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2015-001149    PNC Bank, N.A., successor to RBC Bank (USA), Respondent, v. Liberty Cottages, LLC; GW Dorchester, LLC; USS Clarksville, LLC; Liberty Cottages Land, LLC; Royal Beach Properties, LLC; The Brothers of SC, LLC; Deborah Rice-Marko a/k/a Deborah G. Rice-Marko; Evan R. Marko and John E. Marko, Jr., Appellants.

Willard D. Hanna, Jr., of Hanna Law, PA, of Murrells Inlet, for Appellants Evan R. Marko, John E. Marko, Jr., and The Brothers of SC, LLC. Benjamin Rogers Gooding and William Hammond Jordan, both of Sowell Gray Robinson Stepp & Laffitte, LLC, of Columbia, for Appellants Liberty Cottages, LLC, USS Clarksville, LLC, Liberty Cottages Land, LLC, Royal Beach Properties, LLC, and Deborah G. Rice-Marko. Robert E. Stepp, of Columbia, for Appellants Liberty Cottages, LLC, USS Clarksville, LLC, Liberty Cottages Land, LLC, Royal Beach Properties, LLC, and Deborah G. Rice-Marko. Francis B.B. Knowlton, Thomas Wm. McGee, III, and Allen Mattison Bogan, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent.

In this foreclosure action, Appellants appeal the circuit court's order finding jury trial waivers contained in two of the underlying documents were valid when Appellants filed compulsory counterclaims including causes of action for violation of the South Carolina Unfair Trade Practices Act, negligent misrepresentation, conspiracy, and breach of the duty of good faith and fair dealing.

 
10:40 a.m. (Time Limits: 10-10-5)
2013-002304    The State, Respondent, v. Gerald Rudell Williams, Appellant.

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia, for Respondent.

In this criminal appeal, Gerald Rudell Williams appeals his convictions for attempted murder, arguing the circuit court erred in (1) refusing to charge the jury on the lesser-included offense of first-degree assault and battery, and (2) charging the jury on the doctrine of transferred intent.

 
11:20 a.m. (Time Limits: 10-10-5)
2015-001509    DIRECTV, Inc. & Subsidiaries, Appellant, v. South Carolina Department of Revenue, Respondent.

John C. Von Lehe, Jr., and Bryson Moore Geer, both of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Appellant. William J. Condon, Jr., Milton Gary Kimpson, and Nicole Martin Wooten, all of Columbia, for Respondent.

In this appeal from the administrative law court (ALC), DIRECTV, Inc. argues the ALC erred in (1) applying an improper burden of proof; (2) holding DIRECTV's income-producing activities (IPA) consisted solely of signal delivery into its customers' homes; (3) finding DIRECTV failed to establish the portion of its IPA that were conducted in South Carolina; and (4) finding the South Carolina Department of Revenue (DOR) properly imposed substantial understatement penalties.

 
Wednesday, March 8, 2017
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2014-002467    Dealer Services Corporation, Respondent, v. Total, Inc. d/b/a Gault's Used Cars d/b/a Gault's Auto Parts d/b/a Gault's Used Cars and Auto Parts d/b/a Gault's Used Cars and Motormaxx; Edward Keith Potter; Michael Wayne Gault; Christopher Drye d/b/a Drye's Auto Crushing; Ben D. Kochenower, CPA; Automotive Finance Corporation; Grandsouth Bank d/b/a CarBucks; Mason Motors, Inc. d/b/a Mason Ent.; American Community Bank, a Division of Yadkin Valley Bank and Trust Company; Quick Capital, LLC d/b/a Quick Capital; and Auto Bank Floorplan, LLC, Defendants, Of whom Total, Inc. d/b/a Gault's Used Cars d/b/a Gault's Auto Parts d/b/a Gault's Used Cars and Auto Parts d/b/a Gault's Used Cars and Motormaxx; Edward Keith Potter; Michael Wayne Gault are the Appellants.

Duane Alan Lazenby of Lazenby Law Firm, LLC, of Spartanburg, for Appellants. Ginger D. Goforth of Ward Law Firm, of Spartanburg, for Appellants. Robert Fredrick Goings of Goings Law Firm, LLC, of Columbia, for Respondent.

In this commercial debt collection action, Appellants argue the trial court erred in granting summary judgment in favor of Respondent.

 
10:40 a.m. (Time Limits: 10-10-15-5-5)
2014-001203    The State, Respondent, v. Robert Antonio Guinyard, Appellant.

Matthew G. Gerrald of Barnes Alford Stork & Johnson, LLP, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Deputy Attorney General David A. Spencer, and Special Assistant Attorney General Amie L. Clifford, all of Columbia, for Respondent.

Appellant Robert Antonio Guinyard seeks review of his convictions for homicide by child abuse and unlawful conduct toward a child. Guinyard argues the trial court erred in denying his motion for a directed verdict because the State failed to present substantial circumstantial evidence of his guilt. Guinyard also challenges the admission of photographs of the victim into evidence pursuant to Rule 403, SCRE, because any probative value the photographs may have had was outweighed by the danger of unfair prejudice to Guinyard.

 
10:41 a.m.
2014-001198    The State, Respondent, v. Courtney Shante Thompson, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Mitzi Campbell Williams, of Lexington, for Appellant. Attorney General Alan McCrory Wilson, Assistant Deputy Attorney General David A. Spencer, and Special Assistant Attorney General Amie L. Clifford, all of Columbia, for Respondent.

Appellant Courtney Shante Thompson seeks review of her convictions for homicide by child abuse and unlawful conduct toward a child. Thompson argues the trial court erred in denying her motion for a directed verdict because the State failed to present substantial circumstantial evidence of her guilt. Thompson also challenges the admission of photographs of the victim into evidence pursuant to Rule 403, SCRE, because any probative value the photographs may have had was outweighed by the danger of unfair prejudice to Thompson.

 
Cases to be Submitted Without Oral Argument
2013-002090 The State, Respondent, v. Stanley Wright, Appellant.

2014-002661 John M. English, Appellant, v. Ellen Sexton and John E. White, Jr., Respondents.

2015-000027 Robert Lester, Jr., Respondent, v. Marco and Timea Sanchez and Eva Sanchez, Defendants, Of whom Marco and Timea Sanchez are the Appellants. In the interest of a minor under the age of eighteen.

2015-000149 The State, Respondent, v. Ricky Lamont Hayes, Appellant.

2015-000198 SunTrust Mortgage, Inc., Respondent, v. Mark Ostendorff, Appellant

2015-000593 Ronald J. Ferguson, Appellant, v. Mill Creek, LP, Respondent.

2015-000759 Billy Joe Cartrette, #122434, Appellant, v. South Carolina Department of Corrections, Respondent.

2015-001002 The State, Respondent, v. Christopher Jared Greene, Appellant.

2015-001408 The State, Respondent, v. Rion McKissick Rutledge, Appellant.

2015-001560 The State, Respondent, v. John Bradley Turner, Appellant.

2015-001862 Sandy Chamblee, Appellant, v. Anderson County Fire Department, Employer, and State Accident Fund, Carrier, Respondents.

2015-002195 The State, Respondent, v. John Henry Holmes, Jr., Appellant.

2015-002350 The State, Respondent, v. Darren Keith Belt, Appellant.

2016-000034 John Elkin, Respondent, v. South Carolina Criminal Justice Academy, Appellant.

2016-000191 Rebecca Lindley Lagroon, Respondent, v. Robert Jay Lagroon, Appellant.

2016-000219 The State, Respondent, v. Jamie Lahuane Giles, Appellant.

2016-000246 Thomas J. Grossetti, Jr., Respondent, v. Nicolette S. Blue, Appellant.

2016-000593 Ex Parte: Johnnie Cordero, Appellant, In Re: Fnu Satish Kumar d/b/a Piney Xpress, Petitioner, v. South Carolina Department of Revenue, Respondent.

2016-000705 Elizabeth Preister, Employee, Respondent, v. PruittHealth, Employer, and American Zurich Insurance Co., Carrier, Appellants.

2016-001274 Jose Alberto Maldonado #312648, Appellant, v. South Carolina Department of Corrections, Respondent.

2016-001383 The State, Respondent, v. Matthew Irving Smoak, Appellant.