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South Carolina
Judicial Branch
Supreme Court - Roster of Cases for Hearing

   
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.
Wednesday, May 8, 2019
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2018-001436   Progressive Direct Insurance Company, Plaintiff, v. Bryan Reeves, Defendant.

John Robert Murphy and Megan Noelle Walker, both of Murphy & Grantland, PA of Columbia for Plaintiff. William R. Padget and Carl D. Hill, both of Columbia for Defendant.

The United States District Court for the District of South Carolina has certified a question of law to this Court pursuant to Rule 244, SCACR.

 10:00 a.m. (Time Limits: 10-10-5)  
2018-000057   The State, Respondent, v. Vincent Missouri, Petitioner.

Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan Wilson, Assistant Attorney General V. Henry Gunter, Jr. and Assistant Attorney General Jonathan Scott Matthews, all of Columbia and Solicitor William W. Wilkins, III, of Greenville, for Respondent.

The Court granted certiorari to determine whether the court of appeals erred in finding Petitioner Vincent Missouri was not denied his Sixth Amendment right to proceed pro se.

 10:30 a.m. (Time Limits: 15-15-5)  
2017-002061   The State, Respondent, v. Jo Pradubsri, Petitioner.

Appellate Defender Joanna K. Delany, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, and Solicitor Samuel R. Hubbard, III, of Lexington, for Respondent.

The Court reviews the court of appeals' published opinion. State v. Pradubsri, 420 S.C. 629, 803 S.E.2d 724, 725 (Ct. App. 2017).

Thursday, May 9, 2019
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 10-10-5)  
2016-002190   The State, Respondent, v. Christopher D. Campbell, Petitioner.

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, all for Respondent.

Christopher D. Campbell was convicted of armed robbery and possession of a firearm during the commission of a violent crime. The court of appeals affirmed his convictions and sentences. State v. Campbell, Op. No. 2016-UP-367 (S.C. Ct. App. filed July 20, 2016). We granted Campbell's petition for a writ of certiorari to review the court of appeals' decision. On appeal, Campbell argues the trial court erred in denying his request to instruct the jury that evidence of good character, in and of itself, may create a doubt as to guilt.

 10:00 a.m. (Time Limits: 15-15-5)  
2016-001264   The State, Respondent, v. Larry Durant, Appellant.

E. Charles Grose, Jr., of Grose Law Firm, of Greenwood, for Appellant. Attorney General Alan Wilson and Assistant Attorney General William F. Schumacher IV, both of Columbia and Solicitor Ernest A. Finney, III, of Sumter, for Respondent.

In this direct appeal, the appellant raises several issues related to his conviction for criminal sexual conduct with a minor in the second degree, including that (1) the trial judge erred in not declaring a mistrial; (2) the trial judge erred in admitting, in violation of Rule 404(b), SCRE, the testimony of multiple minor victims who had also accused the appellant of sexual abuse; (3) the trial judge gave a prejudicial Allen charge; (4) the trial court erred in not granting a new trial based on the State's Brady violation; and (5) the Court should order a new trial based on the "cumulative error doctrine." The Court has granted the appellant's motion to argue against the precedent of State v. Wallace, 384 S.C. 428, 683 S.E.2d 275 (2009).

 10:30 a.m. (Time Limits: 15-15-5)  
2018-001233   Shannon F. Montgomery, Respondent, v. Justin Clark Montgomery, Appellant.

Jaime Lee McSweeney and Nicholas Mermiges, both of Law Office of Nick Mermiges, LLC, of Columbia, for Appellant. Rebecca West, of Harling & West, LLC, of Lexington and Ashby L. Jones, of Kinard & Jones, LLC, of Lexington, for Respondent. Almand James Barron, of the Law Offices and Shea and Barron, of Columbia, Guardian ad Litem.

Appellant Justin Montgomery appeals the family court's order requiring him to undergo a psychosexual examination. The Court must decide whether the order is immediately appealable and whether the family court's decision pursuant to section 63-3-530(A)(26) of the South Carolina Code violates Appellant's constitutional rights.

Wednesday, May 29, 2019
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 10-10-5)  
2019-000147   Glenn Odom, Respondent, v. Town of McBee Election Commission and Shilon Green, Appellants.

Martin S. Driggers, Jr. and Richard E. McLawhorn, Jr., both of Sweeny, Wingate & Barrow, P.A., of Hartsville and Karl S. Bowers, Jr., of Bowers Law Office, LLC, of Columbia, for Appellants. Kathleen C. Barnes, of Barnes Law Firm, LLC, of Hampton, John E. Parker and William F. Barnes, III, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for Respondent.

This appeal concerns Odom's contest to the Town of McBee's town council election based on challenged votes that were not counted. The McBee Municipal Election Commission invalidated the election and ordered a new election. The circuit court overturned the Commission and remanded the proceedings to the Commission to count the challenged votes and announce Odom as the prevailing candidate. The Court reviews the circuit court's decision.

 10:00 a.m. (Time Limits: 15-15-5)  
2018-000235   Wadette Cothran and Chris Cothran, Petitioners, v. State Farm Mutual Automobile Insurance Company and Robert Tucker, Defendants, Of which State Farm Mutual Automobile Insurance Company is the Respondent.

Charles Logan Rollins II, of the Hawkins Law Firm, of Spartanburg, for Petitioner. Charles R. Norris, Robert William Whelan and C. Mitchell Brown, all of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Respondents.

The Court granted certiorari to review the court of appeals' published opinion. Cothran v. State Farm Mut. Auto. Ins. Co., 421 S.C. 562, 808 S.E.2d 824 (Ct. App. 2017).

 10:30 a.m. (Time Limits: 10-10-5)  
2017-002372   The State, Respondent, v. Jake Dale Lake, Petitioner.

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General William Frederick Schumacher, IV , both of Columbia, and Solicitor S. R. Hubbard, III, of Lexington, for Respondent.

The Court granted a writ of certiorari to review the court of appeals' dismissal of Petitioner's belated direct appeal involving the issues of hybrid representation and abandonment of counsel.

Thursday, May 30, 2019
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2018-000475   3109 Hwy. 25 S., L.L.C. d/b/a 25 Drive-In and Tommy McCutcheon, Respondents, v. Duke Energy Carolinas, LLC, Appellant.

Frank R. Ellerbe, III and Samuel J. Wellborn, both of Sowell Gray Robinson Stepp & Laffitte, LLC, of Columbia and Rebecca J. Dulin, of Duke Energy Carolinas, LLC, of Columbia, for Appellant. Alexander G. Shissias and John J. Fantry, Jr., both of The Shissias Law Firm, LLC, of Columbia, for Respondents.

In this direct appeal, Duke Energy Carolinas, LLC (DEC) appeals the order of the Public Service Commission of South Carolina, arguing the Commission erred in requiring DEC to return the electric service account for Respondents' business from the standard DEC rate to a previous rate.

 10:00 a.m. (Time Limits: 15-15-5)  
2015-001097   The State, Respondent, v. Terry Edward McCall, Appellant.

Appellate Defender Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

In this criminal appeal, Terry Edward McCall appeals his conviction of Felony Driving Under the Influence (Resulting in Great Bodily Injury). On appeal, McCall argues (1) South Carolina's implied consent statute is unconstitutional, (2) the circuit court erred in denying his motion to suppress the evidence obtained from the warrantless collection of his blood and urine, (3) the circuit court abused its discretion in denying his motion for a continuance after the circuit court granted his motion to relieve counsel midtrial, and (4) his Sixth Amendment right to counsel was violated when the circuit court granted his motion to relieve counsel without conducting a proper hearing pursuant to Faretta v. California.

 10:30 a.m. (Time Limits: 15-15-5)  
2018-000506   Charles Thomas Hobbs and Mary Hobbs, Petitioners, v. Fairway Oaks Homeowners Association, Respondent.

Raymond Talmage Wooten, of Smith, Jordan and Lavery, PA, of Easley, for Petitioner. John Robert Murphy, Wesley B. Sawyer and Elliott B. Daniels, of Murphy & Grantland, PA, of Columbia, for Respondent.

Charles Thomas Hobbs and Mary Hobbs appeal a circuit court order granting summary judgment to Fairway Oaks Homeowners Association for the Hobbs' claim that Fairway Oaks was liable for injuries Charles Hobbs sustained when an independent contractor negligently removed a damaged tree limb in the neighborhood common area. On appeal, Hobbs argues the circuit court erred by finding Fairway Oaks did not owe a nondelegable duty when performing maintenance to its common area.

 

Cases to be Submitted Without Oral Argument

Korey Lamar Love, Petitioner, v. State of South Carolina, Respondent.

E. Charles Grose, Jr., of Greenwood, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Lindsey A. McCallister, both of Columbia, for Respondent.

Kevin Shane Epting, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine H. Hudgins, of Columbia, for the Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Janell Gregory, both of Columbia, for the Respondent.