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November 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, November 6, 2007 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15280 William R. Simpson, Jr, Appellant, v. Becky H. Simpson and Wade Ingle, Defendants, of whom Becky H. Simpson is the Respondent. Steven S. McKenzie, of Manning, for Appellant. Jan L. Warner, James McLaren, and C. Dixon Lee, of Columbia, for Respondent. In this case, the Court determines whether the family court erred in failing to disqualify itself after the court raised, sua sponte, the question of recusal.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15390 John D. Peake, Appellant, v. South Carolina Department of Motor Vehicles, Respondent. Timothy C. Kulp, of Charleston, for Appellant. Frank L. Valenta and Philip S. Porter, of Blythewood, for Respondent. The direct and relevant issue involved in this appeal relates to the efficacy of section 56-5-2950 of the South Carolina Code of Laws.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15433 The State, Respondent, v. Vernon Demars Tumbleston, Appellant. Chief Attorney Joseph L. Savitz, III, 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, Assistant Attorney General Julie M. Thames, of Columbia, and Solicitor Scarlett Ann Wilson, of Charleston, for Respondent. In this criminal appeal, two issues are presented: (1) Did Appellant's four indictments, which alleged separate, undated events over the course of several years, not give him adequate notice of charges to prepare a defense; and (2) Did the circuit court err by denying Appellant's motion for a directed verdict, when the State's evidence was insufficient to show that Appellant committed the alleged offenses?
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15354 RV Resort and Yacht Club Owners Association, Inc., Jean Littell, Kathy Fudge, Dwight Blakeslee, Herb Hook, Stan Bronson, Peg Bender, and Claudette Delpesco, on behalf of all members of the Association similarly situated Individually, Respondents, v. BillyBob's Marina, Inc., d/b/a Outdoor RV Resort and Yacht Club, Appellant. James B. Richardson, Jr., of Columbia, for Appellant. John R. C. Bowen, of Hilton Head Island, for Respondents. This is a case requiring the interpretation of covenants governing the owners and a successor to the developer.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
15391 Randy P. Silver, Respondent, v. Aabstract Pools & Spas, Inc., Appellant. Michael Stephen Chambers, of Greenville, for Appellant. David G. Ingalls, of Spartanburg, for Respondent. Aabstract Pools and Spas, Inc. appeals the Master in Equity's order finding the "payment provisions" of the parties' contract were ambiguously worded. Appellant argues the Master erred in: (1) concluding that the wording of the parties' contract was ambiguous, (2) determining the parties' intent regarding the payment terms of the contract, and (3) ruling Appellant was in breach of contract.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
15327 The State, Respondent, v. Roderick Bradley, Appellant. Appellate Defender Aileen P. Clare, 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, of Office of the Attorney General, of Columbia, and Solicitor I. McDuffie Stone, III, of Hampton, for Respondent. Bradley appeals from his conviction for second degree criminal sexual conduct with a minor arguing the trial court erred in not granting his motion for a new trial following allegations of juror misconduct.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
15589 Palmetto Bay Club Owners Association, a South Carolina Non-Profit Corporation Administration for the Palmetto Bay Club Horizontal Property Regime, Respondent, v. Danna Cooper Brissie, Appellant. Terry A. Finger, of Hilton Head Island, for Appellant. Otto W. Ferrene, Jr., of Hilton Head Island, for Respondent. Appellant Brissie appeals an injunction granted to the Palmetto Bay Club Owners Association requiring her to remove a wall and lock-out door system from her condominium in the Palmetto Bay Club.
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Wednesday, November 7, 2007 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15358 The Friends of McLeod, Inc., Appellant, v. City of Charleston, City of Charleston Board of Zoning Appeals, and American College of the Building Arts, Respondents. Patrick F. Stringer, of Charleston, for Appellant. Timothy Alan Domin, of Charleston, for Respondents City of Charleston and City of Charleston Board of Zoning Appeals. William L. Howard, Stephen L. Brown, and Russell G. Hines, of Charleston, for Respondent American College of the Building Arts. Friends of McLeod, Inc. appeals the circuit court's order. It argues the court erred in ruling: (1) its appeal from the Board of Zoning Appeals (BZA) was not timely, (2) it does not have standing to challenge the BZA's determination, and (3) the BZA did not commit an abuse of discretion in arbitrarily approving the request for a special exception.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15370 The State, Respondent, v. Lawrence Marcus Tucker, 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, and Senior Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor David Michael Pascoe, Jr., of Summerville, for Respondent. The issues in this appeal are (1) whether Tucker's conviction should be vacated because, as an inmate in federal custody, his second appearance in state court violated the federal Interstate Agreement on Detainers; and (2) whether it was reasonable for the trial court to accept Tucker's waiver of future post-conviction claims as a condition of his guilty plea agreement.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15348 Lowcounty Open Land Trust, Respondent, v. Charleston Southern University, Appellant. Stephen L. Brown and Edward Buckley, Jr., of Charleston, for Appellant. G. Dana Sinkler, of Charleston, for Respondent. Lowcountry Open Land Trust brought this action for specific performance against Charleston Southern University for a contract for the sale of real property. The trial court granted the request, and Charleston Southern University appeals, arguing the court erred (1) in granting specific performance under the facts of this case, (2) in failing to support its ruling with legal authority, and (3) in allowing Lowcountry Open Land Trust an unspecified amount of time to complete its contractual obligations.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15287 The State, Respondent, v. James Odom, Appellant. Jared Sullivan Newman, of Port Royal, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie M. Thames, of Columbia, and Solicitor I. McDuffie Stone, III, of Beaufort, for Respondent. Odom appeals the circuit court's order. He argues the court erred in: (1) ruling the police had probable cause to seize him for a traffic stop, (2) admitting evidence of drugs obtained by the police during the temporary seizure for a seat belt violation, and (3) admitting evidence of drugs based on an alleged violation of the plain feel rule.
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Tuesday, November 6, 2007 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15351 Amy Carol Quick and Betty Quick, Appellants v. Markel Insurance Company and the Chesterfield County School District, Respondents. Martin S. Driggers, Sr., of Hartsville; William O. Sweeny, III, and William R. Calhoun, Jr., of Columbia, for Appellants. Kenneth L. Childs, Allen D. Smith, and Allison Aiken Hanna, of Columbia, for Respondent The Chesterfield County School District. Michael Mills Nunn and Benjamin A. Baroody, of Florence, for Respondent Markel Insurance Company.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15356 Mary Denise West, Respondent, v. Ernest Matthew West, Appellant. David Christopher Shea and Rebecca Guental Fulmer, of Columbia, for Appellant. C. Vance Stricklin, Jr. and Katherine Carruth Link, of West Columbia, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15387 The State, Respondent, v. David Dwight Smith, Appellant. Chief Attorney Joseph L. Savitz, III, 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 Donald J. Zelenka, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
15364 Jennifer Lynn Christmas and Jay Christmas, Respondents, v. Dale Eugene Enos, Jr. and A Rainbow of Carpets, Inc., Appellants. Michael J. Ferri, of Charleston, for Appellants. James G. Christmas, of North Charleston, for Respondents.
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Wednesday, November 14, 2007 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15423 Kim Parrish, Appellant, v. Earl Allison, Respondent. John Michael Turner, Sr., of Laurens, for Appellant. Larry L. Plumblee and Frank L. Eppes, of Greenville, for Respondent.
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Cases to be Submitted Without Oral Argument | |
15225 |
Isiah James, Jr. #96883, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS), Respondent.
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15233 |
Margaret McDermott, Appellant, v. Kentucky Fried Chicken/Sylvan Food, Employer, and Security Insurance Co. of Hartford (Covenant Administrators) and Coregis Insurance Company (GE Cypercomp) Carriers, Respondents.
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15308 |
The State, Respondent, v. Manley M. Thompson, Appellant.
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15338 |
Judy Anne Yown, Respondent, v. William Robert Yown, Appellant.
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15347 |
Jennifer Ann Marie Piccirillo, Respondent, v. Joseph Terrance Piccirillo, Appellant.
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15350 |
Lexington Insurance Co., Appellant, v. South Carolina School Board Insurance Trust, and School District of Marlboro County, Respondents.
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15357 |
Patricia Frierson, Appellant, v. In Town Suites, Two Notch Road, Inc., Respondent.
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15359 |
Julie D. Garcia, Respondent, v. Matthew D. Saski, Appellant.
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15362 |
Susan B. Covington, Alan R. Cochran and Kathy H. Cochran, Respondents, v. Alexander and Alexandria Karter as Trustees of the Karter Living Trust dated 4/17/00, Lamar F. Thompson and Vicki A. Thompson, Neil R. Blesi and Janet E. Blesi, Carl D. Fago and Susan E. Fago and Gary Blesi, Defendants, Of whom Alexander and Alexandria Karter as Trustees of the Karter Living Trust dated 4/17/00, Neil R. Blesi and Janet E. Blesi and Gary Blesi are the Appellants.
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15367 |
The State, Respondent, v. Keith Allen Clark, Appellant.
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15368 |
The State, Respondent, v. Donald Wayne Paige, Appellant.
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15371 |
The State, Respondent, v. Neal Stevens, Appellant.
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15372 |
The State, Respondent, v. James Aquan Moody, Appellant.
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15383 |
The State, Respondent, v. Donald Ray Perry, Appellant.
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15384 |
The State, Respondent, v. Paul H. Thompson, Appellant.
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15388 |
The State, Respondent, v. Judith A. Law, Appellant.
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15393 |
Ronald C. Harris, Appellant, v. Kyle Smith d/b/a DYSKY Unlimited Properties and Michael Taylor d/b/a MTP of Columbia, Respondents.
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15394 |
John J. Garrett, Appellant v. Lister, Flynn & Kelly, P. A. Toney Lister and Brendan Delany, Respondents.
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15396 |
The State, Respondent, v. Christopher Lovett Burke, Appellant.
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15400 |
The State,Respondent, v. Barrett Harris,Appellant.
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15415 |
Giselle Bailey Rogers, Respondent, v. Gregory Rogers, Appellant.
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15417 |
Wayne Razzi, Appellant, v. Gail A. Moore a/k/a Gail A. Abernathy, Respondent.
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15419 |
Venture Engineering, Inc., Respondent, v. Darrell L. Avery, Sr., and Jeffrey L. Avery, Appellants.
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15420 |
Franklin Ventures, LLC, Respondent, v. Shalash Abdel Jaber, a/k/a Abdel Jaber Shalash, Appellant.
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15421 |
Ronald C. Harris, Appellant, v. Penn Warranty Corporation and West Main Automotive, Respondents.
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15424 |
The State, Respondent, v. Joshua Greer, Appellant.
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15445 |
William R. Simpson, Jr., Appellant, v. Becky H. Simpson and Wade Ingle, Defendants, of whom Becky H. Simpson is the Respondent.
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15666 |
South Carolina Department of Social Services, Respondent v. Priscilla Isaiah, Corcella Isaiah and Michael Isaiah, Appellants In the interest of Hanna Isaiah, DOB 01/05/97; Tamar Isaiah, DOB 04/27/00; Joshua Isaiah, DOB 01/06/03; and Noah Isaiah, DOB 05/08/05 All minors under the age of 18.
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