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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, December 10, 2002 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
10788 Williamsburg Rural Water and Sewer Company, Inc., Appellant v. Williamsburg County Water and Sewer Authority, a Body Politic, County of Williamsburg, a Body Politic, and Town of Kingstree, a Body Politic, Respondents. Larry G. Reddeck, of Nettles, Turbeville & Reddeck, of Lake City, for appellant. W.E. Jenkinson, III, and Jennifer R. Kellahan, both of Jenkinson & Jenkinson; and Ernest J. Jarrett, of Jenkinson & Jenkinson, all of Kingstree, for respondents. Williamsburg Rural, a non-profit water and sewer company, challenges the City’s decision to award the Town of Kingstree the right to provide water and sewer services in an area that Williamsburg Rural claims it has the exclusive right to service.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
10790 Carol H. Evans, Respondent v. Accent Manufactured Homes, Inc., d/b/a Accent Mobile Homes; Doug Perkins and Fleetwood Homes of Virginia, Inc., Defendants, of whom Accent Manufactured Homes, Inc., d/b/a Accent Mobile Homes, is Appellant. M.M. Weinberg, Jr., and M.M. Weinberg, III, both of Weinberg, Brown & Curtis, of Sumter; and Michael P. Horger, of Horger & Horger, of Orangeburg, for appellant. A.F. Carter, III, and Cynthia Bailey Berry, both of Carter Law Firm, of Orangeburg, for respondents. This case involves alleged error by the trial court in compelling arbitration pursuant to an arbitration agreement and whether appellant waived its right to enforce the contractual arbitration agreement.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11052 The State, Respondent v. Christopher Walton, Appellant. Katherine Carruth Link, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor William Townes Jones, of Greenwood, for respondent. This case deals with a passenger’s Fourth Amendment rights during a lawful traffic stop.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
10782 Okatie River, L.L.C., Respondent v. Southeastern Site Prep, L.L.C., Appellant. G. Richardson Wieters, of Hilton Head Island, for appellant. Frank H. Clabaugh, of Hilton Head Island, for respondent. This case involves the interpretation of a verbal agreement in regard to a loan, alleged error by the court in creating a judicial version of the agreement, and alleged error in providing “back-up” conclusions of law.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
10798 Helen McLeod Bradham, Respondent v. Mayor and Town Council of the Town of Ravenel and Board of Adjustment of the Town of Ravenel, and SBA Towers, Inc., Defendants, of whom SBA Towers, Inc., is Appellant. Stephen L. Brown, Stephen P. Groves, Sr., Jonathan L. Yates and Bradish J. Waring, all of Young, Clement, Rivers & Tisdale, of Charleston, for appellant. Samuel W. Howell, IV, of Charleston, for respondent. This is a zoning action interpreting the Town's ordinance governing the permitting of telecommunications towers.
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Wednesday, December 11, 2002 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
10991 The State, Respondent v. Luke Traylor, Appellant. Katherine Carruth Link, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Thomas E. Pope, of York, for respondent. This criminal appeal alleges the trial court erred in admitting pre-trial photo identifications, in admitting redacted photos of the ones used during the identification procedure, and in requiring Appellant to choose between the redacted photos or the actual photos used during the identification procedure.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
10799 Richard Pratt, Appellant v. Morris Roofing, Inc., Employer, and Transportation Insurance Company, Carrier, Respondents. Darrell T. Johnson, Jr., of Hardeeville; and R. Thayer Rivers, Jr., of Ridgeland, for appellant. W. Hugh McAngus, of McAngus, Goudelock & Courie, of Columbia, for respondents.. This Workers’ Compensation case involves the “going and coming” rule, the furnishing of transportation by an employer to an employee, and whether appellant’s injury arose out of and in the course of his employment.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
10846 Elizabeth Waye, Respondent v. Three Rivers Apartments and PMG Real Estate Management & Consulting Company, Appellants. Ronald E. Boston and R. Hawthorne Barrett, both of Turner, Padget, Graham & Laney, of Columbia, for appellants. Mark W. Hardee, of Lewis, Babcock & Hawkins, of Columbia, for respondent. This case involves the question of whether the trial court erred in failing to set aside a default judgment, and in entering an award for damages when the material evidence offered did not support the award and the damages awarded exceeded the amount requested.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
10735 Jimmie D. McMillan, Respondent v. Gold Kist, Inc., Appellant. Joseph Gregory Studemeyer, of Columbia, for appellant. Clyde A. Eltzroth, Jr., and John E. Parker, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for respondent. In 1986, McMillan signed a membeship agreement to become a member of Gold Kist's cooperative association. The agreement, which did not have an arbitration clause, was subject to the then current provisions of the association's charter and by-laws as well as any provisions that would later be in effect. The issue on appeal is whether Gold Kist can compel McMillan to arbitrate claims it has against Gold Kist based on the arbitration policy Gold Kist adopted years after McMillan signed the membership agreement.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
11004 The State, Respondent v. Roger Murray Adkins, III, Appellant. Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia; and Solicitor John R. Justice, of Chester, for respondent. This criminal appeal alleges error in the trial judge’s charge to the jury in regard to reasonable doubt, instructing the jury on “failure of the defendant to testify,” and admitting an enlarged photograph of the victim.
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Tuesday, December 10, 2002 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
10783 Richard Nardone, Respondent v. Arthur W. Davis, Christopher E. Daniels, Scott E. Davis, and Davis Land Development Associates, a Pennsylvania Partnership doing business in South Carolina, and Dauphin Deposit Bank and Trust Company, a Pennsylvania bank doing business in South Carolina, Defendants, of whom Arthur W. Davis, Christopher E. Daniels, Scott E. Davis and Davis Land Development Associates, a Pennsylvania Partnership doing business in South Carolina, are Appellants. G. Richardson Wieters, of Hilton Head Island, for appellants. Glen Winston La Force, Sr., of Hilton Head Island, for respondents.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
10805 Collins Entertainment Corp., Respondent v. Coats and Coats Rental Amusement, d/b/a Ponderosa Bingo and Shipwatch Bingo, Wayne Coats, individually, and American Bingo & Gaming Corp., Defendants, of whom American Bingo & Gaming Corp., is Appellant. Timothy G. Quinn, of Columbia, for appellant. Stephen L. Brown, Edward D. Buckley, Jr., Donald J. Davis, Jr., and Stephen P. Groves, Sr., all of Young, Clement, Rivers & Tisdale, of Charleston, for respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11147 The State, Respondent v. Lisa Christian Braswell, Appellant. Sally G. Calhoun, of Beaufort, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General W. Rutledge Martin, all of Columbia; and Solicitor William Townes Jones, of Greenwood, for respondent.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
10803 James W. Williams, Respondent v. Otis David Gould, Appellant. Robert J. Harte, of Aiken; and Deborah R. J. Shupe, of Columbia, for appellant. Ronnie L. Crosby, of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for respondent.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
10862 Bruce R. Kenner, Allison B. Kenner, Deborah A. Bramlett, and Charles D. Bramlett, Jr., Appellants v. USAA Property and Casualty Insurance, Respondent. Daniel Ernest Peagler, of Columbia; and Lex A. Rogerson, Jr., of Lexington, for appellants. Robert Y. Knowlton and Roopal S. Ruparelia, both of Haynsworth, Sinkler, Boyd, of Columbia, for respondent.
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Wednesday, December 11, 2002 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
10885 The State, Respondent v. Charles Butler, Appellant. Deputy Chief Attorney Joseph L. Savitz, III, Assistant Appellate Defender Robert M. Dudek and Assistant Appellate Defender Tara S. Taggart, all of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Norman M. Rapoport, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
10753 Louise (Meredith) Tucker, Respondent v. Karl L. Kenyon, Robert P. Lusk, d/b/a Kenyon & Lusk, P.A.; Kenyon, Lusk & Anderson, P.A.; Advocates, Inc.; James N. Hodges; NCNB of South Carolina, a Corporation; and L. Kerry Bailey, and Gene Bailey, individually and d/b/a B&B Investments Company, Defendants, of whom L. Kerry Bailey and Gene Bailey, individually and d/b/a B&B Investments Company are Appellants. Harold P. Threlkeld, of Anderson, for appellants. Francis T. Draine, of Columbia, for respondents.
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Cases to be Submitted Without Oral Argument | |
10778 |
Companion Property and Casualty Insurance Company, Respondent v. The South Carolina Procurement Review Panel, Rooney McArthur & Suggs, Inc., and The South Carolina Insurance Reserve Fund, of whom Rooney McArthur & Suggs, Inc., is Appellant.
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10781 |
Pruitt & Pruitt, Attorneys at Law, PA, Appellant v. Robert J. Leonardi, Betty K. Leonardi, Bank of America, NA, and South Carolina Department of Revenue and Taxation, Respondents.
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10784 |
Runway Entertainment, Inc., d/b/a The Landing Strip, Appellant v. Henry Orr, Respondent.
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10789 |
Rogers Grading, Inc., Respondent v. JCM Corporation of York County and Joseph C. Miktuk, Appellants.
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10792 |
William D. Enfinger, P.L.S., d/b/a Enfinger and Associates, PA, PLS #4667, Appellant v. South Carolina Department of Labor, Licensing and Regulation, State Board of Registration for Professional Engineers and Land Surveyors, Respondent.
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10793 |
Jacqueline Elliott, Appellant v. Horry County, Self-Insured Employer, through the S.C. Counties Workers' Compensation Trust, a Self-Insurers Fund, Respondent.
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10794 |
Ronald Lewis Douglas and Tony Glen Douglas, as Co-Personal Representatives of the Estate of Rufus Glen Douglas, Deceased, Appellants v. Marie Douglas and James W. Webster, Respondents.
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10796 |
Ervin and Marlene Crowley, for themselves and on behalf of all other similarly situated individuals, Respondents v. NationsCredit Financial Services Corporation and Balboa Life Insurance Company, Defendants, of whom Balboa Life Insurance Company is Appellant.
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10800 |
Terri Lynn Porter, Appellant v. Robert Scott Porter, Respondent.
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10802 |
Laura H. Rogers, Respondent-Appellant v. James P. Rogers, Appellant-Respondent.
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10804 |
South Carolina Department of Revenue, Appellant v. Springs Industries, Inc., Respondent.
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10807 |
South Carolina Department of Health and Environmental Control, Respondent v. Richard Redding, d/b/a Carolina Tan, Appellant.
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10842 |
Janice Lynn Warren, Respondent v. Merastar Insurance Company, Appellant.
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10844 |
Leslie F. Pharr (nka Leslie Francis), Appellant v. Nelson Harris Pharr, Respondent.
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10853 |
Scott A. Belcher, Respondent v. Rebecca J. Davis, Appellant.
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10890 |
The State, Respondent v. Richard Bennett Fuller, Appellant.
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10894 |
The State, Respondent v. Anthony Leroy Mattison, Appellant.
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10965 |
The State, Respondent v. Richard Kevin Patterson, Appellant.
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10982 |
The State, Respondent v. Freda L. Byers, Appellant.
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11017 |
The State, Respondent v. Vincent Boseman, Appellant.
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11048 |
The State, Respondent v. Lerone J. Rouse, Appellant.
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11077 |
The State, Respondent v. Tony Edward Murphy, Appellant.
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11099 |
The State, Respondent v. Danny Thompson, Appellant.
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11102 |
The State, Respondent v. Dexter Wigfall, Appellant.
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11123 |
The State, Respondent v. Shawn Dwight Johnson, Appellant.
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11126 |
The State, Respondent v. Jessie Crosby, Appellant.
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