PREV | March 2006 | NEXT |
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, 2006 | |
Courtroom I
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
14130 Gladys J. Haskins, Respondent v. Lynn Ray Tidwell, Appellant. William T. Geddings, Jr., of Manning, for Appellant. William Ceth Land, of Manning, for Respondent. The appellant appeals the family court's determination that a common law marriage existed.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
14145 Dorothy Windham, Appellant v. Donald Allen Riddle and Jennifer D. Riddle, Respondents. Clinch K. Belser, Jr., Michael J. Polk, and H. Freeman Belser, of Columbia, for Appellant. Edgar W. Dickson, of Orangeburg, for Respondents. The appellant argues the family court erred in holding that an easement was appurtenant rather than in gross.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
14099 Douglas J. Menne, as Trustee of the First Supplemental Trust Agreement created by Douglas J. Menne dated 11/22/96 (as amended), Appellant v. Keowee Key Property Owners Assocation, Inc., Respondent. Andrea Hawkins, of Spartanburg, and Christopher M. Kelly, of Greenville, for Appellant. Samuel F. Albergotti, of Anderson, and James B. Richardson, Jr., of Columbia, for Respondent. Douglas J. Menne brought this action against Keowee Key Property Owners Association and Duke Energy Corp. seeking a declaration that a restrictive covenant prohibiting individual docks in his neighborhood was unenforceable due to changed conditions. Meene appeals the trial court's order upholding the covenant.
|
|
3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
14010 The State, Respondent v. Kenneth Navy, Jr., Appellant. Assistant Appellate Defender Robert M. Dudek, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent. Navy appeals his conviction for homicide by child abuse, arguing the trial court erred in: (1) admitting his three statements; and (2) refusing to grant a new trial as a result of the State's treatment of defense witnesses and closing argument.
|
|
Wednesday, March 8, 2006 | |
Courtroom I
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
14092 Samuel Clint Thompson, Appellant/Respondent v. South Carolina Steel Erectors, Employer, American Interstate Insurance, Carrier, Respondents/Appellants. Thomas W. Greene, of Charleston, for Appellant-Respondent. Stanford E. Lacy and Suzanne C. Boulware, of Columbia, for Respondents-Appellants. This Workers' Compensation appeal involves cross appeals in connection with the Commission's decision to award claimant part of his request for a partial lump sum payment in a lifetime benefits case.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
14118 The State, Respondent v. Willie Cochran and Reggie James, Appellants. Tara Shurling, of Columbia, for Appellants. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R. J. Shupe, of Columbia, and Solicitor Randolph Murdaugh, III, of Hampton, for Respondent. In this criminal appeal, appellants argue their convictions should be reversed and the matter remanded for a new trial because they were deprived of their right to use peremptory challenges against certain jurors after the trial judge erroneously found their strikes discriminatory under Batson v. Kentucky, 476 U.S. 79 (1986).
|
|
11:00 a.m. | (Time Limits: 20 - 20 - 10 ) |
14141 Doug Proctor d/b/a Anderson Tire Recycling, Respondent v. Department of Health and Environmental Control, Appellant. James W. Logan, Jr. and Stacey T. Coffee, of Anderson, for Appellant. Jeffrey Falkner Wilkes, of Greenville, for Respondent. The respondent brought a tort action for gross negligence against the appellant under section 15-78-60(12) of the South Carolina Tort Claims Act. The appellant answered and pled numerous defenses as to subsections (1),(2),(3),(4), (5) and/or (13) of section 15-78-60. The jury awarded respondent $688,503. Pursuant to section 15-78-120(a)(1), the trial court reduced the jury verdict to $300,000. A plethora of issues are presented on appeal: (1) did the respondent prove gross negligence; (2) did the trial court err in denying DHEC's motion for directed verdict, motion for JNOV and/or motion for a new trial; (3)did the trial court err in allowing evidence of events prior to the Board's 2000 order; (4) did the trial court err in charging the jury as to lost profits; (5) did the trial court err in failing to charge the jury as to subsections (1),(2), (3), (4),(5) and/or (13) of section 15-78-60; (6) did the trial court err in refusing DHEC's request to limit respondent's damages to $9,500; and (7) was the amount of damages so unduly liberal or grossly excessive as to require a new trial absolute or a new trial nisi remittitur.
|
|
12:00 p.m. | (Time Limits: 10 - 10 - 5) |
14046 Sammy Garrison Construction Company, Inc. v. Frank F. Russo, Madeline E. Russo, Boru Enterprises d/b/a Brady Builders, and the Anchor Bank, Defendants, of whom Frank F. Russo, Madeline Russo, and Anchor Bank are Respondents. Curtis W. Dowling and Andrea C. Pope, of Columbia, for Appellants. David J. Parrish, of Charleston, and Barry L. Johnson, of Okatie, for Respondents. This appeal raises issues of proper notice and attorney's fees under the South Carolina mechanic's lien statutes.
|
|
2:00 p.m. | (Time Limits: 10 - 10 - 5) |
14279 In the interest of Terrence, M., a juvenile under the age of seventeen, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David A. Spencer, of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Appellant. Assistant Appellate Defender Eleanor Duffy Cleary, of Columbia, for Respondent. This is an appeal from a family court order in which the court found it lacked jurisdiction to order a juvenile to pay restitution because the juvenile had been committed to the Department of Juvenile Justice for another crime and, as a result, his probation for the crime necessitating restitution ended. The State argues the juvenile's probation continued even after the juvenile's commitment, therefore the family court retained jurisdiction to order restitution.
|
|
2:45 p.m. | (Time Limits: 10-10-5) |
14116 The State, Respondent v. Edward Johnson, Jr., Appellant. Acting Chief Attorney Joseph L. Savitz, III, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David A. Spencer, of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent. Edward Johnson, Jr. appeals his conviction for escape. Specifically, Johnson argues the trial court erred by making highly inappropriate comments during sentencing. The State argues the sentence imposed was within the sentencing limits, and was not the result of prejudice, partiality, oppression, or corrupt motive.
|
|
Monday, March 27, 2006 | |
Courtroom I
(Court convenes at 3:30
p.m.)
|
|
3:30 p.m. | (Time Limits: 10 - 10 - 5) |
14165 Luther R. Smith, Petitioner v. State of South Carolina, Respondent. Tara Dawn Shurling, of Columbia, for Petitioner. Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christopher L. Newton, for Respondent. This is a post-conviction relief case.
|
Tuesday, March 7, 2006 | |
Courtroom II
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
14082 LandBank Fund VII, LLC., Respondent v. Kent D. Dickerson, Dickerson & Sons, Inc., and Phoenix Land and Development Company, LLC, Appellants. C. Mitchell Brown, William C. Wood, Jr., and Elizabeth Herlong Campbell, of Columbia, for Appellants. J. Jackson Thomas, of Myrtle Beach, for Respondent.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
14098 South Carolina Department of Transportation, Respondent v. McDonald's Corporation and Joel A. Pellicci and Linda Pellicci, of whom McDonald's Corporation is the Appellant. Michael H. Quinn, of Columbia, for Appellant. Larry B. Hyman, Jr., of Conway, and Barbara Munig Wessinger, of Columbia, for Respondent.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
14094 In the Matter of the Care and Treatment of James Bennington, Appellant. Tara Shurling, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R.J. Shupe, and Assistant Attorney General R. Westmoreland Clarkson, of Columbia, for Respondent.
|
|
11:45 a.m. | (Time Limits: 10 - 10 -5) |
14107 John Phillip Bethards, Appellant v. Parex, Inc., Jeff Thomas d/b/a Thomas Construction, Mike Tenny d/b/a Synco Enterprise, Charleston Gypsum n/k/a CSR America, and Weather Shield Mfg., Inc., Defendants, Of Whom Mike Tenny d/b/a Synco Enterprise and Weather Shield are Respondents. Justin O'Toole Lucey, of Mt. Pleasant, for Appellant. John L. McCants, of Columbia, and Trent M. Kernodle, and Christine C. Varnado, of Charleston, for Respondents.
|
|
2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
14108 Cynthia Cunningham as GAL for Deazia Cunningham, Appellant v. Jennie Mixon, Rosa Weathersby, and Mixon Day Care, Respondents. William T. Toal, of Columbia, for Appellant. Vernon F. Dunbar, of Greenville, for Respondents.
|
|
2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
14029 MIT, Inc., Appellant v. IGT, aka, IGT-North America and Collins Music Company, Respondents. Darrell Thomas Johnson, Jr., and Warren Paul Johnson, of Hardeeville, for Appellant. H. Fred Kuhn, Jr., of Beaufort, for Respondents.
|
Cases to be Submitted Without Oral Argument | |
13662 |
Larry A. Yates, Appellant, v. Francis T. Draine, Respondent.
|
13696 |
Albert Simmons and Linzsy Simmons, Appellants, v. Thelma Corbitt and Maxine Todd, Respondents.
|
13732 |
John Doe 3,Appellant, v. William D. DuCharme,Respondent.
|
14008 |
Jara Uzenda, Appellant, v. Nancy and Michael Pittman, Christopher Hanna, Perry P. Reynolds and Scott Gobbi, Respondents.
|
14042 |
The State, Respondent, v. Jimmy H. Causey #2, Appellant.
|
14054 |
Lotty Moody, Appellant, v. Marion County School District Seven, Respondent.
|
14059 |
Cheryl Bass, Appellant, v. Charles Bass, Respondent.
|
14100 |
Linda Legette, Appellant, v. Piggly Wiggly, Inc., Respondent.
|
14102 |
The State, Respondent, v. Kenji L. Littlejohn, Appellant.
|
14103 |
The State, Respondent, v. Jermaine Dequsuar Porter, Appellant.
|
14104 |
The State, Respondent, v. Lenius Lowden, Appellant.
|
14109 |
The State, Respondent, v. Robert E. Berkey, Appellant.
|
14110 |
The State, Respondent, v. Marques Demindis Davis, Appellant.
|
14111 |
The State, Respondent, v. Rockford S. Gentry, Appellant.
|
14112 |
The State, Respondent, v. Samuel Lee Grier, Appellant.
|
14113 |
The State, Respondent, v. Dennis Garrett, Jr., Appellant.
|
14114 |
The State, Respondent v. Melvin Dunlap, Appellant.
|
14115 |
The State, Respondent v. Raymond Edmonds, Jr., Appellant.
|
14117 |
City of Aiken, Respondent v. David Michael Koontz, Appellant.
|
14119 |
The State, Respondent, v. Christopher Boyd, Appellant.
|
14120 |
The State, Respondent, v. Gregory Chance, Appellant.
|
14121 |
The State, Respondent, v. Shaun Antwan Holmes, Appellant.
|
14122 |
The State, Respondent, v. Kenneth Larry Seay, Appellant.
|
14123 |
The State, Respondent, v. Joshua Morgan, Appellant.
|
14124 |
The State, Respondent, v. Leroy A. McKenzie, Appellant.
|
14125 |
The State, Respondent, v. Albert Simmons, Appellant.
|
14126 |
The State, Respondent, v. Warner Salazar, Appellant.
|
14127 |
The State, Respondent, v. Roger Dewayne Martin, Appellant,
|
14128 |
The State, Respondent, v. Vondell Sanders, Appellant.
|
14131 |
Joann A. Elmore, Appellant, v. Elmore-Hill-McCreight Funeral Home, Inc., Respondent.
|
14138 |
Coralean Montgomery, Respondent, v. Wateree Community Actions, Inc., Appellant.
|
14139 |
Kenneth Middleton, Appellant, v. Elizabeth Ann Johnson and Eugene Hollington, Respondents.
|
14140 |
Shirley, A. Kirk, Appellant, v. Mumford, Inc., d/b/a Health Force, Respondent.
|
14142 |
Mark Moyers, D.C, Appellant, v. South Carolina Department of Labor, Licensing and Regulation, Board of Chiropractice Examiners, Respondent.
|
14144 |
We Do Alterations, LLC, Appellant, v. Nora Powell and Margaret Salinas, individually and d/b/a Margaret's Alterations, Respondent.
|
14147 |
The State, Respondent, v. Michael D. Simmons, Appellant.
|
14152 |
The State, Respondent, v. Oliver Todd Middleton, Appellant.
|
14153 |
The State, Respondent, v. Jalal F. Beyah, Appellant.
|
14154 |
The State, Respondent, v. Judex Desir, Appellant.
|
14173 |
The State, Respondent, v. Larry Wayne Franklin, Appellant.
|
14174 |
The State, Repondent, v. Franklin James, Appellant.
|
14175 |
The State, Respondent, v. Alvin Hollingsworth, Appellant.
|
14176 |
The State, Respondent, v. Hector Alaniz, Jr., Appellant.
|