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February 2011 |
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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, February 8, 2011 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
16448 The State, Respondent, v. Jonathan K. Hill, Appellant. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, and Robert Mills Ariail, of Greenville, for Respondent. In this criminal appeal, the court of appeal addresses whether the trial court erred in denying Jonathan K. Hill's post trial motion for a new trial when the jury considered extrinsic evidence that was not admitted at trial.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
18181 Demetra Kerhoulas Grumbos, Respondent/Appellant, v. George Spyros Grumbos, Appellant/Respondent. O. W. Bannister, of Greenville, for Appellant-Respondent. Robert M. Rosenfeld, of Greenville, for Respondent-Appellant. In this divorce action, the Court of Appeals must determine whether the family court erred in awarding permanent periodic alimony to the wife based on the husband’s contention that the family court erroneously imputed additional income to the husband and failed to consider the husband’s premarital debts. On cross-appeal, the wife contends the family court improperly held her entitlement to attorney’s fees, expert fees, and litigation costs were satisfied by the husband’s overpayment of temporary alimony.
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
18178 ITC Commerical Funding, LLC,a Delaware Limited Liability Company, Respondent, v. Alice Crerar, Appellant. Milton M. Avrett, III, of Augusta, Georgia, for Appellant. Clay Stebbins, III, James S. (Jeb) Murray, and James Samuel Murray, of Augusta, Georgia, for Respondent. In this appeal, Alice Crerar argues the trial court erred in denying her motion to set aside a default judgment in favor of ITC Commercial Funding, LLC.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
18179 Shannon Hutchinson, Personal Representative of the Estate of Stephen F. Ney, a/k/a Steve F. Ney, Respondent, v. Liberty Life Insurance Company, Appellant. Kevin Kendrick Bell, of Columbia, for Appellant. Kenneth C. Anthony, Jr, of Spartanburg, for Respondent. Liberty Life Insurance Co. denied life insurance proceeds to Stephen Ney after toxicology reports reflected the presence of methamphetamines in Ney's blood after he was killed in a single vehicle accident. Hutchinson, Ney's daughter, sued Liberty Life for benefits arguing the policy exclusion for injury resulting from an insured being "under the influence of any narcotic" did not apply to Ney's claim for benefits because methamphetamine is not a narcotic. The circuit court granted summary judgment to Hutchinson on the ground that methamphetamine is not a narcotic within the definition of the life insurance policy exclusion issued by Liberty Life to Ney. On appeal, Liberty Life argues the circuit court erred in granting summary judgment to Hutchinson when (1) the operative language of the Liberty Life policy exclusion providing that benefits will not be payable when the insured is "under the influence of any narcotic" was taken verbatim from the South Carolina Insurance Code, and (2) the circuit court adopted a specialized medical definition of the term "narcotic" in the context of an insurance policy written for laypersons, as opposed to the plain and ordinary meaning of "narcotic" as understood by laypersons.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
18113 The State of South Carolina, Respondent, v Mario Ramos Hinojos, as Defendant and Richard G. Thompson, d/b/a All-Out-Bail Bonding, as Surety Accredited Property & Casualty Insurance, as Surety, of whom Richard G. Thompson d/b/a All-Out-Bail Bonding, as Surety Accredited Property & Casualty Insurance is the Appellant. Robert T. Williams, Sr., of Lexington, for Appellant. Alan Wilson, Attorney General, and S. Creighton Waters, Senior Attorney General, for Respondent. In this appeal, Richard G. Thompson, d/b/a All Out Bail Bonding and Accredited Property & Casualty Insurance (the Appellants) argue the trial court abused its discretion in estreating Mario Hinojos's bond. They contend the trial court modified Hinojos's bond without the proper notice and consent of the Appellants, and the Appellants' obligations under the bond were completed and terminated at the time of Hinojos's guilty plea.
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Wednesday, February 9, 2011 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18584 Peter Brown, Appellant, v. South Carolina Department of Health and Human Services, Respondent. Patricia Logan Harrison, of Columbia, for Appellant. Byron Ronald Roberts, of Columbia, for Respondent. Peter Brown is a disabled Medicaid beneficiary whose one-on-one services were terminated by the Charles Lea Center. He appeals the Administrative Law Court's ruling that the Department of Health and Human Services (DHHS) hearing officer did not have jurisdiction to determine if his services were wrongly terminated. He also argues the services were terminated as reprisal for a civil rights complaint filed years earlier and that DHHS promised to maintain his services.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
18064 Sheri Denise Brown, Appellant, v. Phillip Ray Brown, Respondent. Cynthia Barrier Patterson, of Columbia, for Appellant. Stephen Gordon Dey and Joseph Francis Runey, of Charleston, for Respondent. Wife and Husband were divorced in 2006. Wife appeals the family court's 2008 post-divorce order establishing terms for the sale of the marital home, arguing the family court erred in (1) assuming jurisdiction over matters previously reserved to another judge; (2) clarifying the divorce decree in general; (3) clarifying the divorce decree although its terms were clear; (4) clarifying the divorce decree under Rule 60(a), SCRCP; (5) establishing a pricing scheme and requiring automatic reductions in the selling price of the marital home; and (6) awarding Husband a "monetary judgment" with post-judgment interest.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17756 Tourism Expenditure Review Committee, Appellant/Respondent, v. City of Myrtle Beach, Respondent/Appellant. John M.S. Hoefer, Tracey C. Green, and Andrew J. MacLeod, of Columbia, for Appellant-Respondent. Michael Warner Battle, of Conway, for Respondent-Appellant. This cross-appeal arises out of the Tourism Expenditure Review Committee and the City of Myrtle Beach's dispute over the disbursement of funds for "tourism-related expenditures" for two events under section 6-4-10(4) of the South Carolina Code.
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Wednesday, February 9, 2011 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
18209 Mark S. Steinmetz, Respondent, v. American Media Services, LLC, New Jersey Radio Partners, LLC, Arizona Radio Partners, LLC, Asheville Radio Partners, LLC, Tri-City Radio, LLC, Trans-Rockies Radio, LLC, Hawaii Radio, LLC, Appellants. Steven L. Smith, of North Charleston, for Appellants. Justin O'Toole Lucey, of Mt. Pleasant, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
18164 James F. Meyer and Virginia P. Meyer, Plaintiffs, v. Charleston County and Charleston County Delinquent Tax Department, Morris Brooke, Larry Goodwin, Frances Goodwin and Joseph Keating, Defendants._________________Larry Goodwin and Frances Goodwin, Appellants, v. James F. Meyer; Virginia P. Meyer; Respondents, and Charleston County; Morris Brooke; Joseph Keating; Linda M. Bond, Edward Wiseman; Jane Doe and John Doe, fictitious names representing unknown heir and distributees or devisees of any of the Defendants who many be deceased, and also representing any unknown persons claiming any rights, title or interest in or lien upon the real estate the subject hereof: Richard Roe and Sarah Roe, fictitious names representing unknown persons who may claim an interest therein as may be infants, incompetents, in the military service and persons entitled to protection under the Soldiers and Sailors Civil Relief Act of 1940, or others who may be under any other disability, Cross-Defendants, Of whom Charleston County, Charleston County Delinquent Tax Department, Morris Brooke,Joseph Keating, Linda M. Bond, Edward Wiseman are Respondents. Jeffrey T. Spell, of North Charleston, for Appellants Larry Goodwin & Frances Goodwin. Charles H. Gibbs, Jr, of Charleston, for Respondent Morris Brooke. G. Thomas Hill, of Ravenel, for Respondents James & Virginia Meyer. Bernard E. Ferrara, Jr, of North Charleston, for Respondent Charleston County & Charleston County Delinquent Tax Dept. Thomas P. Lowndes, Jr, of Charleston, for Respondent Edward Wiseman. Anthony D. Hoefer, of Sumter, for Respondent HSBC. Joseph Keating, of Johns Island, pro se. Linda M. Bond, of Johns Island, pro se Edward Wiseman, III, of Summerville, pro se.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
18011 Judy Breland and Kirk Breland, Respondents, v. Ford Motor Company and Walterboro Motor Sales Company of Walterboro, Appellants. Curtis L. Ott, Carmelo B. Sammataro, of Columbia, for Appellants. Lee D. Cope and Matthew Creech, of Hampton, and Karl S. Brehmer, of Columbia, for Respondents.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
18156 Harvey J. Rosen, Joseph B. Rosen, and Rebecca Nurick, Appellants, v. The University of South Carolina and University of South Carolina Gamecock Club, Respondents. J. Lewis Cromer, of Columbia, for Appellants. William H. Davidson, II, of Columbia, for Respondents.
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Wednesday, February 16, 2011 | |
Watkins Room at University Center
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
18137 The State, Respondent, v. Raymondeze L. Rivera, Appellant. Senior Appellate Defender Joseph L. Savitz, III, S.C. Commission on Indigent Defense, of Columbia, for Appellant. Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, and Solicitor Christina Theos Adams, of Anderson, for Respondent.
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10:30 a.m. | (Time Limits: 10 - 10 - 5) |
18398 Elise Burke, Respondent, v. Anmed Health, Appellant. Stephen Dallas Baggett, Jr, of Greenwood, for Appellant. Joseph G. Wright, III, of Anderson, John S. Nichols and Blake A. Hewitt, of Columbia, for Respondent.
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11:30 a.m. | (Time Limits: 10 - 10 - 5) |
18414 Morris Communications Company, LLC, d/b/a Fairway Outdoor Advertising Division, Respondent, v. The City of Greenville, South Carolina, Appellant. Ronald W. McKinney, of Greenville, for Appellant. Reid Sherard and Timothy Madden, of Greenville, for Respondent.
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Cases to be Submitted Without Oral Argument | |
16767 |
The State, Respondent, v. John D. Harper, Appellant.
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17660 |
Jekeithlyn Ross, Appellant, v. Jimmy Ross, Respondent.
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17662 |
Ricky L. Murray, Petitioner, v. Dawn Koffskey, Respondent.
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17780 |
The State, Respondent, v. Juan Orozco, Appellant.
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17782 |
Mildred C. Knight and Bobby Knight, Appellants, v. Sean K. Trundy, Keith I. Mcarty, Amanda & Roy Maybank, Pratt-Thomas Epting & Walker, & Maybank, LLC as Law Firms, Respondents.
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17801 |
Joseph A. Marshall, Appellant v. Carrie C. Marshall, Respondent.
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17812 |
Lemmie D. Stewart, Appellant, v. The State of South Carolina, Respondent.
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17827 |
William J. Delozier, Respondent, v. Mary Joan Delozier, Appellant.
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17830 |
Kisha Crawford, Appellant, v. Food Lion, LLC, Respondent.
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17841 |
Charles Jones in his capacity as Personal Representative for the Estate of Boyce Jones, Appellant, v. Sumter County Sheriff's Office, Respondent.
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17843 |
Matthew Dixon # 326958, Respondent, v. South Carolina Department of Corrections, Appellant.
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17865 |
The State, Respondent, v. Paris G. Avery, Appellant.
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17895 |
Mary Lou Moseley, Appellant, v. Jim Oswald, Respondent.
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17910 |
Jessica Clark, Respondent, v. Michael Martin, Appellant.
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17916 |
American International Insurance Company, Appellant, v. Christine Caffey and Richard Caffey, Individually and as Husband and Wife, and as Co-Guardians ad Litem for Erin C., a Minor Under the Age of Fourteen years, Respondents.
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17931 |
William V. Sheppard, Appellant, v. The LPA Group, Inc., Respondent.
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17945 |
James A. Edwards, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.
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17950 |
David Langdale, Employee/Claimant,Respondent, v. Harris Carpets and Gevity/Staff Leasing, Employers, and American Home Assurance, C/O AIG, Alleged Carrier, and S.C. Uninsured Employers' Fund, Defendants, Of whom, Harris Carpets is, Respondent, and Gevity/Staff Leasing, Employers, and American Home Assurance, C/O AIG, Alleged Carrier are, Appellants.
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17952 |
Sandra Greene and Joel Greene, Appellants, v. The Gaffney Ledger, Inc. and L. Cody Sossamon, Respondents.
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17956 |
Greenwood Beach Associates, Appellant, v. Charleston County Assessor, Respondent.
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17974 |
The State, Appellant, v. Ryan Hercheck, Respondent.
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17976 |
Amri White, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondents.
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17990 |
The State,Respondent, v. Robert Watkins,Appellant.
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18093 |
In The Matter Of The Care And Treatment Of Kevin Paschal, Appellant.
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18110 |
The State, Respondent, v. Samuel W. Harmon, Appellant.
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18127 |
The State, Respondent, v. Ivory Warren, Appellant.
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18139 |
The State, Respondent, v. Herman Donald McKnight, Appellant.
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18168 |
Robert Pikaart, Respondent, v. A & A Taxi, Inc.,and SC Uninsured Employers' Fund, Appellants.
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18171 |
Lisa Murphy, Employee, Respondent, v. Owens Corning, Employer and Gallagher Bassett Services, Carrier, Appellants.
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18216 |
The State, Respondent, v. Jackie Lee Boyd, Appellant.
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18217 |
The State, Respondent, v. David Lee Coward, Appellant.
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18226 |
The State, Respondent, v. Willie Albert Gilmore, Appellant.
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18228 |
The State, Respondent, v. Brad R. Johnson, Appellant.
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18232 |
The State, Respondent, v. Israel Romero, Appellant.
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18186 |
Glenn Emmett Williams, Respondent, v. Lisa Williams, Appellant and Lisa B. Williams, Third-Party Plaintiff, Appellant, Landmark Builders of the Triad, Inc., Third-Party Defendant, Respondent.
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18155 |
South Carolina Department of Social Services, Respondent, v. Charlese Brown, Travis Simpson, Roberta Simpson, Defendants, of whom, Charlese Brown is Appellant. In the interest of Trav'Nika S.,a Minor Under the Age of 18.
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17996 |
The State, Respondent, v. James C. Miller, Appellant.
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18130 |
The State, Respondent, v. Desmond J. Sams, Appellant.
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18184 |
Houston Enterprises, Inc., Respondent, v. Vision Investment & Development, LLC, Vision Amalfi Estates, LLC, Vision LOE, LLC, Vision River Ridge, LLC, James R. Barfield, Dana R. Bradley and Performance Holdings, Appellants.
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18158 |
Donna S. McClellion, Appellant, v. W. Richard McClellion, Respondent.
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18202 |
Joshua Bell, Appellant, v. Progressive Direct Insurance Company, Respondent.
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