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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, June 3, 2008 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15997 Bruce and Barbara Olson, Appellants, v. South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resources Management, Jack L. Sims, John McCown and Molly Ball, Respondents. C. C. Harness, III, Melinda Lucka, and Jefferson D. Griffith, III, of Mt. Pleasant, for Appellants. William A. Scott, of Charleston, for Respondents Jack L. Sims, John McCrown, and Molly Ball. Carlisle Roberts, Jr., and Evander Whitehead, of Columbia, and Leslie S. Riley, of Charleston, for Respondent SCDHEC (OCCRM). Bruce and Barbara Olson appeal the Administrative Law Court's order holding a dock permit granted to an adjoining land owner was not a joint-use permit and affirming the Office of Ocean and Coastal Resource Management's denial of the Olsons' application for an independent dock permit. In addition, the Olsons assert their rights to equal protection and due process were violated.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16046 The State, Respondent, v. Lance Lyles, Appellant. Tara Shurling, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. In this murder case, the Appellant avers the exclusion of proffered testimony constituted an abuse of discretion that deprived Appellant of his due process right to present witnesses in his own defense. The State replies: When the defendants testified that they went to the apartment to "get some weed" on December 8, 2004 when the admitted shooting occurred, there was no abuse of discretion in excluding proposed defense evidence unknown to each defendant at the time of the shooting: (1) that a person attempted to solicit selling drugs to a neighbor of the apartment in October 2004 as unduly prejudicial under Rule 403; and (2) evidence that the victim, Tavaris Howze, who was seated on the couch watching a movie and shot in the left side of his head, had a single partially smoked hand rolled cigarette which was reported to contain marijuana, was not relevant. Alternatively, any error in the admission of this evidence with de minimus probative value was harmless error in light of their testimony and the evidence of guilt where the exclusion did not require a new trial under Rule 103.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15894 2006-CP-02-1258 State of South Carolina, Appellant, v. Reginald Craig Sweat, Respondent.____________________and also 2006-CP-02-1259 State of South Carolina, Appellant, v. Arthur Bryant, III, Respondent. Charles H. Sheppard and Rachel D. Erwin, of Blythewood, for Appellant. Richard L. Pearce, of Aiken, for Respondents. Danny C. Crowe, R. Hawthorne Barrett, and Shannon F. Bobertz, of Columbia, for Amicus Curiae Municipal Association of SC. In this criminal prosecution, the State appeals contending the circuit court erred: (1) in interpreting Section 56-5-4140(2)(a) to not limit the maximum gross vehicle weight of the enumerated vehicles of that subsection beyond the allowable cumulative axle weights notwithstanding the plain language of the limiting phrase for maximum gross vehicle weight; and (2) in interpreting the words "this section" in the phrase "and the gross weight may not exceed the maximum weights allowed by this section" to refer to and confine itself to subsection 56-5-4140(2)(a) to the exclusion of 56-5-4140(1)(a) which sets forth maximum weights of commercial vehicles thus ignoring the legislative intent to restrict gross vehicle weight on South Carolina highways.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
15981 Jesse Houston, Appellant, v. DeLoach & DeLoach, Inc., Respondent. Darrell Thomas Johnson, Jr. and Warren Paul Johnson, of Hardeeville, for Appellant. Allison Molony Carter, of Charleston, for Respondent. In this workers' compensation case, the Appellant alleges the circuit court erred: (1) in affirming the Full Commission's denial of benefits to the Claimant when the Claimant was injured in a motor vehicle accident while on the route assigned by the Employer and acting in furtherance of his employer's business at the time of the accident; (2) in finding that the Claimant deviated from his employment by allowing a trainee to drive the dump truck; and (3) in holding the Commission's finding that the Appellant allowed an unauthorized driver drive the truck was supported by substantial evidence.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
15990 The Estate of Rosa Tucker, By and Through her Personal Representative, Ernest Tucker, Respondent, v. Roy Tucker, Appellant. Mark D. Cauthen and T. Jeff Goodwyn, Jr., of Columbia, for Appellant. Jan L. Warner and Matthew E. Steinmetz, of Columbia, and Donald E. Rothwell, of Irmo, for Respondent. Roy Tucker appeals from an order of the circuit court imposing a constructive trust. Tucker contends the circuit court erred (1) in finding a constructive trust was appropriate, (2) in setting the monetary amount of the trust, and (3) in denying his motion for a new trial or for new trial nisi remittitur.
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Wednesday, June 4, 2008 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15975 The State, Respondent, v. Jerry Martin Hughes, Appellant. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, 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 Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent. Hughes appeals his jury verdict and resulting sentence by the circuit court. He asserts the court erred in finding: the seizure and subsequent search did not exceed the scope of the original traffic stop; he voluntarily consented to search; and the officer's pat down search did not exceed its lawful scope..
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15872 Charles Bickerstaff, M.D. and Barbara Magera, M.D., Appellants, v. Roger Prevost d/b/a Prevost Construction, Inc., Respondent. Patrick J. McDonald, of Charleston, and Steven L. Smith, of North Charleston, for Appellants. Frank M. Cisa, of Mt. Pleasant, for Respondent. In this appeal originating from a breach of contract action, Appellants contest the circuit court's award of attorney's fees and interest to Respondent, who prevailed below.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15836 Eric U. Fowler and Melissa W. (Dawn) Fowler, Appellants/Respondents v. Sallie Hunter, Gynecologic Oncology Associates, Selective Insurance Company of South Carolina and Insurance Associates, Inc., Defendants, of whom: Selective Insurance Company of South Carolina is Respondent/Appellant and Insurance Associates, Inc., is Respondent. Rodney M. Brown, of Fountain Inn, for Appellants-Respondents. Floyd Matlock Elliott, of Greenville, for Respondent Insurance Associates, Inc. Andrew F. Lindemann, of Columbia, for Respondent-Appellant. In this case, the defendant driver and her insurer assigned the plaintiffs their professional negligence claims against the defendant insurance agent. The circuit court granted summary judgment in favor of the insurance agent finding the plaintiffs failed to prove damages.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16011 The State, Respondent, v. Edward Whitner, Appellant. Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent. Whitner appeals his convictions arguing the trial judge erroneously admitted a statement he made to police before being given Miranda warnings. Whitner further contends the trial judge erred in excluding testimony regarding the potential prison sentence of the State's key witness.
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Wednesday, June 18, 2008 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10-10-5 ) |
15995 Octavia Jackson, Appellant, v. Hartford Casualty Insurance Co., Up Top Managment, Inc., and Swordfish Inv., L.L.C., Respondents. W. Allen Nickles, III, and Carl L. Solomon, of Columbia, for Appellant. Steven E. Farrar, of Greenville, and John Martin Grantland, of Columbia, for Respondents.
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Tuesday, June 3, 2008 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16007 Francis M. Semken, Respondent, v. Catherine A. Semken, Appellant. Jane Nussbaum Douglas and Natalie P. Bluestein, of Charleston, and J. Mark Taylor, of West Columbia, for Appellant. Gregory A. DeLuca, of Goose Creek, and J. Michael Taylor, of Columbia, for Respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15935 Diana Lynn Holt, Appellant/Respondent, v. James M. Holloway, Jr. and The Index Journal Company, Inc., Respondents/Appellants. Frank A. Barton and H. Wayne Floyd, of West Columbia, for Appellant-Respondent. Jay Bender, of Columbia, for Respondent-Appellant The Index-Journal Company, Inc. Robert E. Step and Tina Cundari, of Columbia, for Respondent-Appellant James M. Holloway, Jr.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15992 L.A. Barrier & Son, Inc., Respondent, v. South Carolina Department of Transportation, Appellant. Deborah Brooks Durden, of Columbia, for Appellant. John Julius Pringle, Jr., of Columbia, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15850 Anne T. Persons, Appellant, v. South Carolina Department of Motor Vehicles, Henry McMaster, in his official capacity as the Attorney General of the State of South Carolina, and the State of South Carolina, Defendants, of whom South Carolina Department of Motor Vehicles is Respondent. Desa Ballard and P. Christopher Smith, of West Columbia, for Appellant. Frank L. Valenta, Jr., and Philip S. Porter, of Blythewood, for Respondent.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
15862 The State, Respondent, v. Janice M. Clasby, Appellant.
Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, of Columbia, 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 Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent.
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Cases to be Submitted Without Oral Argument | |
14365 |
The State, Respondent, v. Ricky Brannon, Appellant.
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15833 |
Calvin Bernard Hankins, S.C.D.C. No. 241248, Appellant v. State of South Carolina, Respondent.
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15843 |
Nathaniel K. Pelzer, Petitioner v. State of South Carolina, Respondent.
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15845 |
Keith Rochester d/b/a Rochester Cab Company and South Carolina Uninsured Employers' Fund, Defendants, v. Arthur G. Roberts (deceased), Appellant, of whom South Carolina Uninsured Employers' Fund is the Respondent.
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15847 |
Bryson Donald, Jr., Respondent, v. Betty Bryson, Appellant.
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15854 |
E. Chandler McNair, Respondent, v. Fairfield County, Appellant.
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15891 |
The State, Respondent, v. Donnie Raymond Nelson, Appellant.
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15892 |
The State, Respondent, v. Larontae Scroggins, Appellant.
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15893 |
The State, Respondent v. Leroy McGrier, Appellant.
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15904 |
The State, Respondent, v. Robert Anthony Hawkins, Appellant.
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15948 |
The State, Respondent, v. Elbert W. Breeze, Appellant.
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15949 |
The State, Respondent, v. Ricky Brannon, Appellant.
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15950 |
The State, Respondent, v. Damion Jacquise Jones, Appellant.
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15951 |
The State, Respondent, v. Maurice Kirk, Appellant.
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15952 |
The State, Respondent, v. Elijah Battle, Jr., Appellant.
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15963 |
Carie W. Nobles, Respondent, v. Jon Christopher Nobles, Appellant.
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15964 |
Steve Layne and Jody Layne, Appellants, v. Gateway Construction Company, Inc., Respondent.
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15965 |
William Kissiah, Plaintiff, v. Respiratory Products, Inc., Employer and Bridgefield Casualty Ins. Co., Carrier, Employment Staffing, Inc., Companion Property & Casualty Insurance Company, Defendants, of whom Respiratory Products, Inc., Employer and Bridgefield Casualty Ins. Co., Carrier are the Appellants,and William Kissiah and Employment Staffing, Inc., Companion Property & Casualty Insurance Company are the Respondents.
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15974 |
The State, Respondent, v. Jonathan Dennis Carter, Appellant.
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15977 |
M&M Group, Inc., Appellant, v. Suzette A. L. Holmes, Gregory M. Kopatch d/b/a Empire Business Brokers, Empire Business Brokerage, LLC, and Gregory M. Kopatch Individually, Respondents.
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15978 |
Kim Jackson, Respondent, v. Rooms To Go Furniture, Appellant.
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15979 |
Carrie Williams and Robert Williams, Appellants, v. Nancy Watkins and Babcock Center, Inc., Respondents.
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15984 |
Environmental Solutions International, Inc., Appellant, v. JC Construction, Inc. and Wolfe Creek Construction, Inc., and Woolpert LLP, Defendants, of whom: JC Construction, Inc., is the Respondent.
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15986 |
Thomas Dewey Wise and Island Preservation Company, Limited Parnership, a South Carolina Limited Partnership, Appellants, v. South Fenwick, LLC and Lavington Associates, LLC, Respondents.
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15987 |
Ora Williams, Claimant, Appellant, v. SC Department of Corrections, Employer, and State Accident Fund, as Carrier, Respondents.
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15989 |
Sung Windham, Appellant, v. Rolling Green Village, Employer and American Home Assurance Co./Gallagher Bassett Services, Inc., Carrier, Respondents.
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15991 |
Patsy Gail Nicholson and Kyle Allan Nicholson, Respondents, v. F. Allan Nicholson, Appellant.
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15994 |
Premier Holdings, LLC, a Utah limited liability company, and Premier Resorts, International, Inc., a Delaware Corporation, Respondents, v. Barefoot Resort Golf Club, II, LLC, a South Carolina limited liability company, Appellant.
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15998 |
Barry D. Mallek and Alice R. Mallek, Respondents, v. Delbert R. Tangeman, Appellant.
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15999 |
Osborne Electric, Inc., Respondent, v. KCC Contractor, Inc., John Q. Hammons Hotels, LP., John Q. Hammons Revocable Trust, City of North Charleston, and Metropolitan National Bank, Defendants, of whom KCC Contractor, Inc. is the Appellant.
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16000 |
David R. Meeks, Appellant, v. Bobby Lee Goings, Respondent.
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16001 |
Bernie O'Reilly, Appellant, v. J. G. Starnes and Johnny Ray Starnes d/b/a Starnes Well Drilling, Respondents.
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16002 |
Macksey Johnson, Employee, Appellant, v. Beauty Unlimited Landscape Co., Employer and Selective Way Insurance Co., Carrier, Respondents.
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16004 |
Adam S. Roberts, Appellant, v. Marcia M. Roberts, Respondent.
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16005 |
Ex Parte: State Budget and Control Board, Employee Insurance Program, Appellant, In Re: Doris B. Sheffield, Respondent, v. The State of South Carolina, Defendant.
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16008 |
Olivia G. Ragsdale, Respondent, v. John Knox Ragsdale, Appellant.
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16034 |
Anderson County Aviation, Inc. and J. Reid Garrison, Appellants, v. Anderson County Auditor, Respondent.
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16035 |
Case No.: 2006-CP-07-01418 BillyBob's Marina, Inc., d/b/a Outdoor Resort and Yacht Club, Appellant, v. Dwight Blakeslee, Respondent. Case No.: 2006-CP-07-01477 BillyBob's Marina, Inc., d/b/a Hilton Head Harbor RV Resorts and Marina, Appellant, v. George Martin, Respondent.
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16170 |
South Carolina Department of Social Services, Respondent, v. Jessie Wilson and Tanyette Bassknight, Defendants, Of Whom Jessie Wilson is Appellant. In the Interests of Nefertati Bassknight-Wilson, DOB 5/27/92, and Chanay Bassknight-Wilson, DOB 3/22/91, Minor Children Under the Age of 18.
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15985 |
Robert Michael Gaddis and Robert S. Gaddis, Appellants, v. Stone Ridge Golf, LLC, Arcadis Geraghty and Miller, Inc., and The Greenville County Soil and Water Conservation District, Defendants, of whom Arcadis Geraghty and Miller, Inc., is the Respondent.
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