PREV | November 2005 | 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.
Monday, November 7, 2005 | |
Courtroom I
(Court convenes at 2:00
p.m.)
|
|
2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
13853 Elwood Porter Tomlinson and Frances Goins Tomlinson, Respondents v. Kenneth B. Mixon d/b/a Pavillion Custom Homes and All American Homes of NC, LLC., Defendants, Of Whom All American Homes of NC, LLC. is the Appellant. Robert Walton Buffington, of Columbia, for Appellant. Eric Steven Bland, of Columbia, and Ronald L. Richter, Jr., of Charleston, for Respondents. In this civil action the jury returned verdicts in favor of Respondents on the breach of contract claim for $46,146.00 and the negligent misrepresentation claim for $73,416,67. The circuit judge denied a motion by Appellant to require Respondents to elect remedies. Respondents and Appellant differ in regard to whether the verdicts on the separate causes of action involve separate facts and circumstances or a single set of facts and a single injury.
|
|
2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
13691 The State, Respondent v. Kevin Covert, Appellant. Katherine Carruth Link, of West 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 Norman Mark Rapoport, of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent. Covert appeals from a jury verdict finding him guilty of trafficking in cocaine and possession with intent to distribute cocaine in proximity of a school arguing, (1) the trial court erred in denying the defense's motion to suppress evidence and in accepting as court's exhibit #1 documents submitted by the State, (2) the trial court abused its discretion in refusing to grant a mistrial after co-defendant's counsel made a prejudicial statement in his closing argument, (3) the trial court erred in not sustaining the defense objections to the solicitor's improper closing argument, (4) the verdict form, the charge, and the explanation of the verdict form denied Covert a fair trial, and (5) the cumulative effects of the errors in issues 2, 3, and 4 were so prejudicial that Covert was denied due process.
|
|
3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
13653 The State, Respondent v. Paul Mazzell, Appellant. Michael W. Sautter and O. Grady Query, of Charleston, 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 Ralph E. Hoisington, of Charleston, for Respondent. Mazzell appeals from a denial of his motion for new trial arguing, (1) the trial court abused its discretion in denying Mazzell's motion for a new trial, (2) the after discovered evidence shows that Mazzell did not murder Ricky Seagraves, (3) the State's suppression of the pre-trial statements of William Poindexter and Lisa Hogg, along with SLED's loss of the investigative file, mandate a new trial, (4) the new evidence, coupled with the polygraph evidence, show that Mazzell did not kill Ricky Seagraves, and (5) the trial court erred by not granting Mazzell's alternative request for issuance of the writ of habeas corpus on the grounds that the new evidence shows that the Appellant was denied fundamental fairness.
|
|
4:15 p.m. | (Time Limits: 10 - 10 - 5 ) |
13719 John Doe, Appellant v. Gedney M. Howe, III, and Gedney M. Howe, II, P.A., Respondents. Desa A. Ballard, of West Columbia, for Appellant. M. Dawes Cooke Jr. and James H. Elliott Jr., of Charleston, and A. Camden Lewis, of Columbia, for Respondents. This is an action for legal malpractice and breach of fiduciary duty arising out of the respondents' representation of the plaintiff, John Doe, in a claim for sexual abuse against his abusers and other tortfeasors. Doe appeals the grant of summary judgment to the respondents arguing (1) the evidence, when taken in the light most favorable to Doe, supports an inference that his sexual abuse claim was not barred by the statute of limitations, (2) the evidence, when taken in the light most favorable to Doe, supports his right to recover for breach of fiduciary duty, (3) Doe's expert testimony created a genuine issue of material fact precluding summary judgment, and (4) the trial judge erred in failing to recuse himself.
|
|
Tuesday, November 8, 2005 | |
Courtroom I
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
13664 The State, Respondent v. Earnetta Marie King, Appellant. Assistant Appellate Defender 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 Robert M. Ariail, of Greenville, for Respondent. In this murder case, Appellant posits three issues: (1) whether the circuit judge abused his discretion by refusing to admit a letter co-defendant Patrick Walker wrote to Mesha Thomason allegedly involving statements that were inculpatory of his guilt in killing the decedent; (2) whether the judge abused his discretion by refusing to allow Mesha Thomason to testify, and thereby admit Walker's inculpatory letter into evidence since Thomason was present in the courtroom and prepared to tesify before Appellant had rested her case; and (3) whether the judge violated Rule 106, SCRE, by instructing the jury to disregard testimony on cross-examination that Appellant gave the police a written statement in which she stated that co-defendant Walker beat her son, that she tried to stop him and that she sustained injuries.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13849 John Bass, Jr., Employee, Respondent v. Kenco Group, Employer, and Zurich American Insurance Company, Carrier, Appellants. Darryl D. Smalls, of Columbia, for Appellants. Hyman S. Rubin, Jr., of Columbia, for Respondent. In this workers' compensation case, the appellate entity reviews the following issues: (1) disputation of Appellants and Respondent in regard to the proper standard of review; (2) did the circuit court err in upholding an award of permanent partial disability under S.C.Code Ann. Section 42-9-20; (3) did the circuit court err in upholding Respondent's right to elect an award under Section 42-9-20 rather than under Section 42-9-30 because Respondent suffered more than one covered injury as a result of an accident; (4) did the circuit court err in prohibiting a deduction of the partial disability payments from the total disability award; (5) did the circuit court err in affirming an award of benefits for past and future psychiatric and psychological treatment; and (6) did the circuit court err in awarding Respondent permanent partial disability benenfits.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
12820 The State, Respondent v. Judy Martin, Appellant. Assistant Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Sr. Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. Appellant in this case pled guilty to voluntary manslaughter as a lesser-included offense to murder in connection with the shooting death of her husband, a former deputy sheriff. The issues before the court in this appeal are (1) whether the sentencing judge, in determining Appellant's eligibility for parole, applied the correct burden of proof regarding her presentation of credible evidence of a history of criminal domestic violence suffered at the hands of the victim, and (2) whether the sentencing judge, in determining Appellant's eligibility for parole, incorrectly required her to prove the incident leading to the fatal shooting of the victim resulted from domestic violence.
|
|
2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11751 The State, Respondent v. Charles Donnell Dublin, 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 Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent. Appellant was convicted of murder, assault and battery with intent to kill, armed robbery, attempted armed robbery, and possession of a firearm during the commission of a violent crime. The issues before the court in this appeal are (1) whether the State's elicitation of testimony concerning Appellant's prior bad acts was improper and (2) if improper, whether the prejudicial impact outweighed its probative value.
|
|
2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
13826 Phyllis J. Lukich, Appellant v. George Peter Lukich, Respondent. Margaret D. Fabri, of Charleston, for Appellant. Peter D. DeLuca, Jr., of Goose Creek, for Respondent. In this domestic case, Wife appeals the family court order barring her from using an annulment as a defense against her Husband's complaint to void their marriage on grounds of bigamy. Wife also appeals the family court's failure to sanction Husband for contempt of a temporary order of support.
|
|
Wednesday, November 16, 2005 | |
Courtroom I
(Court convenes at 3:15
p.m.)
|
|
3:15 p.m. | (Time Limits: 10 - 10 - 5 ) |
13577 Toni E. Cooke, Appellant v. Richard C. Cooke, Respondent. Evander G. Jeffords, of Florence, and John S. Nichols, of Columbia, for Appellant. George M. Hearn, Jr., of Conway, for Respondent. In this domestic action, Wife appeals asserting the family court erred in (1) finding only half of the death benefits from an insurance policy on the Husband's father was marital property; (2) finding the Husband used certain funds to pay the 2000 joint income tax liability; (3) awarding the Wife only 45% of the marital estate; and (4) awarding the Wife only $15,000 in attorney fees and $15,000 towards her expert witness fees.
|
Tuesday, November 8, 2005 | |
Courtroom II
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
13827 The Gatherings Horizontal Property Regime, Respondent v. Bobby S. Williams, Appellant. Anthony Eric Griffis and Sean Michael Bolchoz, of Hilton Head Island, for Appellant. Sonja Friedman and Edward E. Bullard, of Hilton Head Island, for Respondent.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13748 2003-CP-23-2255 Sharon Peake, as Special Conservator for her daughter, Audra Brockman, Appellant v. ATC, Inc., Transportation Management Services, Inc., and Multisystems, Inc., Respondents.______________________2003-CP-23-2256 Sharon Peake, as Special Conservator for her daughter, Audra Brockman, Appellant v. Calvin Murray, Respondent. John Robert Peace, of Greenville, for Appellant. Michael H. Montgomery, of Columbia, and Maureen Z. White, of Greenville, for Respondents.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13795 The State, Respondent v. Dale Bruce Jenkins, Appellant. Assistant Appellate Defender Eleanor Duffy Cleary, 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 Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.
|
|
11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
13845 David Browder, Respondent v. Ross Marine, LLC, Swygert Shipyards, Inc., Arthur R. Swygert, Jr., and Arthur R. Swygert, Sr., Appellants. William A. Scott, of Charleston, for Appellants. Michael W. Sautter, of Charleston, for Respondent.
|
|
12:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
13741 The State, Respondent v. Otis James Compton, Appellant. Assistant Appellate Defender Robert M. Dudek, of Columbia, and Ernest Charles Grose, Jr., of Greenwood, 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 Jeffrey A. Jacobs, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent.
|
Wednesday, November 9, 2005 | |
Spartanburg County Courthouse-West Courtroom
(Court convenes at 10:15
a.m.)
| |
10:15 a.m. To be heard jointly with Case Number 13850 | (Time Limits: 10 - 10 - 5 ) |
13847 Teddy Walls, formerly d/b/a Crafts Unlimited, Appellant/Respondent, v. Reed Porter & RAF, LLC, Respondent/Appellant. Weston Trey Merck, of Piedmont, for Appellant-Respondent. Thomas Elihue Dudley, III, of Greenville, for Respondents-Appellants.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13850 Teddy Walls, formerly d/b/a Crafts Unlimited, Appellant/Respondent v. RAF Enterprises of Greenville, LLC, Ryan Arnold, Red Brick Caf'e, Inc., and Synovus Financial Corp. d/b/a The National Bank of South Carolina, Defendants, of whom RAF Enterprises of Greenville, LLC, Ryan Arnold, Red Brick Caf'e, Inc. are, Respondents/Appellants. Weston Trey Merck, of Piedmont, for Appellant-Respondent. Thomas Elihue Dudley, III, of Greenville, for Respondents-Appellants.
|
|
11:00 a.m. To be heard jointly with Case Number 13659 | (Time Limits: 10 - 10 - 5 ) |
13599 Tawanda Simpson, Respondent v. World Finance Corporation of South Carolina and World Acceptance Corporation, Appellants. Judson K. Chapin, III, of Greenville, for Appellants. Rhett D. Burney, of Laurens, and Matthew Price Turner, of Laurens, for Respondent.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13659 Richard Aiken, Respondent v. World Finance Corporation of South Carolina & World Acceptance Corporation, Appellants. Judson K. Chapin, III, of Greenville, for Appellants. Rhett D. Burney, and Matthew P. Turner, of Laurens, for Respondent.
|
|
1:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
13573 IN THE MATTER OF BETSY M. CAMPBELL AND ROBERT S. CAMPBELL, JR. Mary Schuyler Campbell, Respondent v. Betsy M. Campbell and Robert S. Campbell, Jr., of whom Betsy M. Campbell is the Appellant. R. David Massey and E. Zachary Horton, of Greenville; James R. Thompson and William E. Winter, Jr.,of Gaffney, for Appellant. Randall S. Hiller, of Greenville, for Respondent.
|
|
2:15 p.m. | (Time Limits: 10 - 10 - 5 ) |
13851 The State, Respondent v. John J. Rivera, Appellant. Jessica Ann Salvini, of Greenville, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, for Respondent.
|
|
Thursday, November 10, 2005 | |
Spartanburg County Courthouse-West Courtroom
(Court convenes at 9:30
a.m.)
| |
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
13699 J. Carrol Rushing, Individually and on behalf of Pentaura, Ltd., Inc., Rushing-Marlow Properties, Inc. and Shasta Enterprises, LLC, Appellant, v. Larry A. McKinney, Ivan Block and Jeffery J. Weiss, and Pentaura Ltd., Inc., Respondents. J. Richard Kelly and Seann Gray Tzouvelekas, of Greenville, for Appellant. Mason A. Goldsmith, of Greenville, for Respondents.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13496 Terry Stokes, as Personal Representative of the Estate of Jennings E. Stokes, Appellant v. Spartanburg Regional Medical Center; and Robert A. Cochran, Jr., M.D., and David C. Hull, M.D., each individually and as Agents/Employees of Hull, Green, Woods, Cochran and Woollen; and Hull, Green, Woods, Cochran and Woollen; and John Graham, CRNA, Defendants, of whom Spartanburg Regional Medical Center is Respondent. Kristi F. Curtis, David W. Goldman, and Diane M. Rodriguez, of Sumter, for Appellant. Perry Boulier and Ginger D. Goforth, of Spartanburg, for Respondent.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13754 Sharon K. Peek, M.D., Respondent v. Spartanburg Regional Healthcare System, Appellant. Perry D. Boulier, of Spartanburg, for Appellant. James C. Cothran, Jr., of Spartanburg, for Respondent.
|
|
11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
13683 Beth Ellen Levine, M.D., Respondent v. Spartanburg Regional Services District, Inc., and Foothills Anesthesia Consultants, Appellants. H. Spencer King and T. Alexander Evins, of Spartanburg, for Appellant Foothills Anesthesia Consultants. Perry Boulier, of Spartanburg, for Appellant Spartanburg Regional Services District, Inc. A. Camden Lewis, of Columbia, and Michael Eugene Spears, of Spartanburg, for Respondent.
|
|
Cases to be Submitted Without Oral Argument | |
13598 |
The Chase Manhattan Bank, successor by merger to Chase Bank of Texas N.A. f/k/a Texas Commerce Bank N.A.; as Custodian, Respondent v. Renee C. Bailey, Commercial Credit Corporation, S.C. Electric and Gas co., and Inga Sander, Defendants, of whom Renee C. Bailey is the Appellant.
|
13630 |
The State, Appellant v. Roy Bailey, Respondent.
|
13654 |
The State, Respondent v. Christopher Dale Stepp, Appellant.
|
13655 |
Sandra Crowder, Appellant v. Raymond E. Franklin; Laurens County Sheriff's Department; and County of Laurens, Respondents.
|
13692 |
The State, Respondent v. Rodriques Montez Pickens, Appellant.
|
13700 |
Robert Calvin Vaughn, by Faye Vaughn, Respondent v. Salem Carriers, Employer and Virginia Surety Company, Carrier, Appellants.
|
13720 |
Patsy Arledge, Respondent v. Norma Jean Hubbard, Appellant.
|
13722 |
David R. Underwood, Appellant v. Laurine H. Coponen, Carolyn T. Webb, as Personal Representative of the Estate of Ansel B. Taylor, and County of Greenville, Defendants, Of Whom Carolyn T. Webb, as Personal Representative of the Estate of Ansel B. Taylor is the Respondent.
|
13735 |
The State, Respondent v. Retrice Lamont Funderburk, Appellant.
|
13743 |
The State, Appellant v. Thomas Andrew Pate, Respondent.
|
13744 |
The State, Respondent v. Patrick Walker, Appellant.
|
13764 |
Waymon Hendrix, Employee, Appellant v. J.D. Hollingsworth, Employer, and Hartford Underwriters Ins. Co., Carrier, Respondents.
|
13771 |
Aiken Technical College, Appellant v. Two State Construction Co., Inc., LS3P Associates, LTD., Buford Goff Company, Columbia Sheet Metal, Inc., Johnson Controls, Inc., and John Doe., Respondents
|
13777 |
The State, Respondent v. Terrance V. Smith, Appellant.
|
13798 |
Ex Parte: A-1 Bail Bonding Company (Surety), Appellant, In Re: State of South Carolina, Respondent v. Fredrick Larue, Defendant.
|
13802 |
Theodore Thomas Robinson, Appellant v. Christina Margaret Robinson, Respondent.
|
13808 |
Michelle Tower, Appellant v. SC Department of Corrections, Employer, and State Accident Fund, Carrier, Respondents.
|
13813 |
Charles E. McMillan, Appellant v. Peter J. Evans d/b/a Stella Nova, Respondent.
|
13843 |
Michael Roy Didato, Appellant v. Palmeteto Bay Owners Association, Inc.; Palmetto Bay Horizontal Property Regime; Gregory A. Wynn; And, Eugene Kransinki; Matt Bricker; Diane Peterkin; Nora Bess, And Jeremy White, Individually And As Directors Of Palmetto Bay Horizonal Property Regime, Respondents.
|
13856 |
T.D. Williams, IV, Respondent v. South Carolina Department of Motor Vehicles, Appellant.
|
13861 |
The Pointes of Plantation Pointe Owners' Association, Respondent v. Donald L. Rockwell and Torrie N. Rockwell, Appellants.
|