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September 2007 |
NEXT
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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, September 11, 2007 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15303 The State, Respondent, v. Herbert Edward Gault, Appellant. J. Falkner Wilkes, of Greenville, 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 Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. Gault appeals from his conviction for disorderly conduct, arguing the trial court erred in not granting his motion for a directed verdict and in excluding evidence that was relevant to his defense.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15323 Deborah W. Spence, Individually, and on behalf of the Estate of Floyd W. Spence, Appellant, v. Kenneth B. Wingate, Sweeny Wingate & Barrow, P.A., and Robert P. Wilkins, Jr., Defendants, of whom Kenneth B. Wingate and Sweeny Wingate & Barrow, P.A. are Respondents. A. Camden Lewis and Brady R. Thomas, of Columbia, for Appellant. Pope D. Johnson, III, of Columbia, for Respondents. In this attorney malpractice action, the trial judge granted summary judgment in favor of Wingate, finding he owed no fiduciary duty to Spence. Spence appeals aruging that as a former client of Wingate's, Wingate owed her a fiduciary duty when she sought his assistance in recovering benefits from her husband's life insurance policy.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15271 In the Matter of the Care and Treatment of Anthony Valentine, Respondent, The State of South Carolina, Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R.J. Shupe, Assistant Attorney General Brandy A. Duncan, of Columbia, for Appellant. Appellate Defender Aileen P. Clare, of Columbia, for Respondent. The State appeals from an order of the circuit court finding no probable cause existed to believe Valentine is a sexually violent predator. The State argues the court's dismissal of its petition was based on irrelevant issues and rank speculation.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
15340 Rafeal Brown, Petitioner v. State of South Carolina, Respondent Deputy Chief Attorney Wanda H. Carter, of Columbia, for Petitioner. Assistant Attorney General Karen Ratigan, of Columbia, for Respondent. In this PCR appeal, the court must decide the efficacy of Doyle v. Ohio as juxtaposed to the holding by the United States Supreme Court in Brecht v. Abrahamson.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
15344 James Stalk, Respondent v. State of South Carolina, Petitioner. Assistant Attorney General David Spencer, of Columbia, for Petitioner. Chief Attorney Joseph Savitz, III, of Columbia, for Respondent. In this PCR case, the issue posited is whether the PCR court committed error in granting relief where allegedly no evidence of prejudice was presented and where the plea court conducted a thorough and encompassing guilty plea proceeding.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
15276 The State, Respondent, v. Carmen L. Rice, Appellant. Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Derrick K. McFarland, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent. In this criminal appeal the Appellant posits the following issues: (1) The applicability and efficacy of the ruling by the U.S. Supreme Court in Holmes v. South Carolina; (2) Did the trial court correctly allow the testimony of an officer where the testimony was offered to rebut Appellant's attempt to persuade the jury she was anxious to aid the investigation or was it rank hearsay; (3) Did the testimony of the prosecution's witness, Heidi Feagin, meet the test of identification evidence under the factual scenario of the record; (4) Did the trial court correctly allow admission of records from the Appellant's former employer within the business records exception of Rule 803(6), SCRE; and (5) Did the trial court commit error in refusing to give the jury a curative instruction when the Solicitor asked the jury to give the victim's widow "peace" and "justice as well?"
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Wednesday, September 12, 2007 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15253 Pamela Gaillard, Respondent, v. Dick Smith Motors of Greenville, Inc., d/b/a Dick Smith Mitsubishi, Appellant. Joseph Gregory Studemeyer, of Columbia, for Appellant. Russell W. Harter, Jr., of Greenville, for Respondent. Dick Smith appeals the lower court's denial of its motion to stay and to compel arbitration.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15261 Michael Collins, Respondent, v. Dodson Brothers Exterminating, Co., Employee, Appellant, and Birmingham Fire Insurance Company, Carrier, Appellant. E. Ros Huff, Jr., of Irmo, for Appellant. Craig Anderson Snook, of Myrtle Beach, for Respondent. In this workers' compensation appeal, Dodson Brothers appeals the circuit court's affirmance of the Workers' Compensation Commission. Collins was injured while performing an assigned task in the course of his employment and was found to be totally and permanently disabled. Dodson Brothers contends the circuit court erred as a matter of law in finding as fact and concluding as a matter of law that Collins is totally and permanently disabled because he failed to establish this fact under the Workers' Compensation Act Section 42-9-10.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15312 Frizzell Construction Company, Inc., Respondent, v. Chad I. Fink, Appellant. Jeffrey L. Payne and J. Jakob Kennedy, of Florence, for Appellant. Donald A. Harper and R. Patrick Smith, of Greenville, for Respondent. This case presents an interesting conflict of laws question involving whether it is necessary to apply a provision of Alabama law in a controversy between a resident of South Carolina and a Tennessee corporation.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
15343 Milton Hiott, Petitioner v. State of South Carolina, Respondent. Assistant Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Assistant Attorney General Paula S. Magargle and Assistant Attorney General David Spencer, of Columbia, for Respondent. The Court determines whether a PCR judge may issue Rule 11 sanctions against the PCR applicant.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
15399 Tommy Hutto, Petitioner v. State of South Carolina, Respondent. Assistant Appellate Defender Aileen P. Clare, of Columbia, for Petitioner. Assistant Attorney General Paula Magargle and Assistant Attorney General Lance S. Boozer, of Columbia, and John Benjamin Aplin, of Columbia, for Respondent. On appeal, Petitioner argues his trial counsel was ineffective for not moving to suppress the evidence that resulted from a parole agent's conduct and testimony.
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Cases to be Submitted Without Oral Argument | |
15200 |
Kathleen Bartlett, Appellant, v. James P. Rachels, Respondent.
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15234 |
Anonymous Physician (M-2-96), Appellant, v. South Carolina Department of Labor, Licensing and Regulations, Board of Medical Examiners, Respondents.
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15247 |
Debora Findley, Respondent, v. Randy J. Findley, Appellant.
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15249 |
Bob J. Weatherford, Appellant, v. Jordan's Scrap Metal Co., Inc., Employer, and Liberty Mutual Insurance Company, Carrier, Respondent.
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15254 |
Joey Gray, Employee, Respondent, v. Georgetown Steel Corporation, Employer, and Capital City Insurance Company, Carrier, Appellants.
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15256 |
Bobby R. Walton, Appellant, v. Mazda of Rock Hill, Mazda USA, Lee Faile, Ken McManus, Eric Sigmon and C.A.R.S., Defendants, of whom: Ken McManus and Eric Sigmon are the Respondents.
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15258 |
Jim Payne, Appellant, v. Kelly Payne, Respondent.
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15259 |
Anita Blackwell, Appellant, v. Kasper F. Fulgum, Jr., Respondent.
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15260 |
Willie J. Dew, Employee, Respondent, v. Santee Cooper, Employer, through SC Public Service Authority, Carrier, Appellant.
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15267 |
Mary Elizabeth Miller, Respondent, v. Burl E. Miller, Jr., Appellant.
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15268 |
Zachary Harvey, Respondent, v. Chapman Mirror & Glass and RSRJ, LLC, Appellants.
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15269 |
The State, Respondent, v. Marion P. Champion, Appellant.
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15270 |
The State, Respondent, v. Steve R. Bagwell and Daryl Lee Spain, Appellant.
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15274 |
The State, Respondent, v. Michael Dean Thurston, Sr., Appellant.
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15275 |
The State, Respondent, v. Johnnie Smith, Jr., Appellant.
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15277 |
The State, Respondent, v. Christopher Marquis Mobley, Appellant.
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15288 |
The State, Respondent, v. Daron Morgan, Appellant.
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15290 |
The State, Respondent, v. Landis Allen Moragne, Appellant.
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15295 |
E. Ervin Dargan, Jr. and New River Corporation, Appellants, v. James B. Tankersly; Donnie S. Tankersly; First Union National Bank, Charlotte, North Carolina, f/k/a Southern Bank and Trust Company, as Trustee of the Posey D. Tankersly Estate; Marilyn Tankersly; Brett Tankersly; Shay Tankersley; Bonnie Lynn Bridwell, individually and as co-Personal Representative of the Lowell H. Tankersly Estate and as co-Trustee of the Revocable Trust Agreement dated November 22, 1991; Tracy Karen Tankersley individually and as co-Personal Representative of the Lowell H. Tankersly Estate and as co-Trustee of the Revocable Trust Agreement dated November 22, 1991, Respondents.
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15341 |
Douglas R. Clark, Petitioner v. State of South Carolina, Respondent
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15342 |
Randy Tucker Hall, Petitioner v. State of South Carolina, Respondent.
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15345 |
Roywickus Cade, Respondent v. State of South Carolina, Petitioner.
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15485 |
South Carolina Department of Social Services, Respondent, v. Cammie James, Appellant. In the Interest of Minor Child:Latachia Niasia Sharnise James, DOB 06/14/01.
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