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January 2003 |
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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, January 7, 2003 | |
09:30 a.m. | |
3595 The State, Respondent v. Wesley Floyd, Appellant.
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The State, Respondent v. John New, Appellant.
Assistant Appellate Defender Aileen P. Clare, of Office of Appellate Defense, of Columbia, for Appellants. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Cecil Kelley Jackson, of Sumter, for Respondent. Appellants raise an issue concerning the dismissal of a juror who declined to swear a religious oath and an issue involving the number and allocation of juror strikes for alternate jurors.
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10:00 a.m. | |
3596 Wynonie Simons, as Personal Representative of the Estate of Wynonie Q. Simons, Deceased, Respondent v. Longbranch Farms, Inc., a/k/a Long Branch Farms, Petitioner. F. Barron Grier, III and Lauri J. Soles, both of Grier Law Firm, of Columbia, for Petitioner. Hammond A. Beale, Jr., of Palmetto Law Center, of Columbia; John F. Koon, of Koon & Cook, of Columbia; and Richard Allen McDowell, of McDowell Law Firm, of Columbia, for Respondent. This case asks the Court to define "agricultural employee" as used in S.C. Code Ann. section 42-1-360(5) in order to determine whether that section's exclusion for agricultural employees from the Workers' Compensation Act applies in this case.
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Wednesday, January 8, 2003 | |
09:30 a.m. | |
3597 The State, Respondent v. James Ervin McGee, Jr., Appellant. Assistant Appellate Defender Tara S. Taggart, of 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, Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent. This direct appeal involves the issues of whether appellant's life without parole sentence violates the federal and state constitutional prohibitions against cruel and unusual punishment and whether the trial court erred by refusing to consider alternative sentencing under S.C. Code Ann. sec. 17-25-45 (Supp. 2001).
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10:00 a.m. | |
3598 Susan Olson, Petitioner-Respondent v. Faculty House of Carolina, Inc. and The University of South Carolina, Defendants, and South Carolina Department of Labor, Licensing and Regulation, Intervenor, of whom Faculty House of Carolina, Inc. is Respondent-Petitioner and The University of South Carolina is Respondent. Robert A. McKenzie and Gary H. Johnson, both of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia, for Petitioner-Respondent. Andrew F. Lindemann, of Davidson, Morrison & Lindemann, of Columbia, for Respondent-Petitioner. William L. Pope, of Pope & Rodgers, of Columbia, for Respondent. Michael Kent Lesesne, of Columbia, for Intervenor. This case is on certiorari from the Court of Appeals; it involves the issue of whether the Handicapped Accessibility Act creates a private cause of action where the plaintiff slips in a foreign substance on the defendant’s floor, and whether the Act creates any different duties than common law negligence. Also on certiorari are issues concerning the appealability of orders granting summary judgment based on the statute of limitations, and whether the Court of Appeals should have addressed the Faculty House’s cross-appeal issue concerning the denial of its motion for summary judgment.
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10:30 a.m. | |
3599 Beaufort County, South Carolina, Appellant v. State of South Carolina and Richard W. Holtcamp, Respondents. James S. Gibson, Jr., Stephen P. Hughes and Mary Bass Lohr, all of Howell, Gibson & Hughes, P.A., of Beaufort, for Appellant. Wendy Bergfeldt Cartledge and Sebastian Phillip Lenski, both of Columbia, for Respondent State of South Carolina. Robert L. Widener and Erik P. Doerring, both of McNair Law Firm, of Columbia, for Respondent Richard W. Holtcamp. This civil case involves a suit brought by Beaufort County challenging the constitutionality of S.C. Code Ann. § 27-32-240 (Supp. 2000) for requiring county assessors to value “vacation time sharing ownership plans” differently than “vacation time sharing lease plans.”
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Thursday, January 9, 2003 | |
09:30 a.m. | |
3601 The State, Respondent v. Florence Robinson Evans, Petitioner. Senior Assistant Appellate Defender Wanda H. Haile, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General S. Creighton Waters, all of Columbia, for Respondent. Petitioner appeals the Court of Appeals' decision to remand this action back to the trial court in order to make a more definite ruling as to whether the arresting officers violated her Miranda rights. Petitioner was charged with three counts of murder after her three children died in a mobile home fire.
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10:00 a.m. | |
3602 Jo Ann Riggs, Respondent v. Dennis Riggs, Appellant. Robert M. Rosenfeld, of Porter & Rosenfeld, of Greenville; and David A. Wilson, of Horton, Drawdy, Ward & Black, of Greenville, for Appellant. D. Michael Henthorne, of McNair Law Firm, of Anderson, for Respondent. This case involves the issue of child support for a disabled adult child, the modification of alimony, and attorney's fees.
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10:30 a.m. | |
3603 In the Matter of the Care and Treatment of John Phillip Corley, Appellant. Paul Andrew Anderson, of Maxwell and Anderson, of Aiken, for Appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Treva G. Ashworth, Assistant Attorney General Deborah R. J. Shupe and Assistant Attorney General Steven R. Heckler, all of Columbia, for Respondent. In this appeal from a jury's determination that the appellant is a sexually violent predator, the appellant challenges the constitutionality of the Sexually Violent Predator Act and argues the trial court erred in admitting the indictments from his past convictions.
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Wednesday, January 22, 2003 | |
09:30 a.m. | |
3604 The State, Petitioner-Respondent v. Darren S. Simmons, Respondent-Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Walter M. Bailey, Jr., of Summerville, for Petitioner-Respondent. Assistant Appellate Defender Tara S. Taggart, of Office of Appellate Defense, of Columbia, for Respondent-Petitioner. The Court granted a writ of certiorari to determine whether the Court of Appeals correctly held the trial judge should have granted Simmons' motion to suppress physical evidence and his subsequent statement to police.
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10:00 a.m. | |
3605 Robert Lewis Conyers, Respondent v. Michael W. Moore, Director, South Carolina Department of Corrections and Charles M. Condon, Attorney General, State of South Carolina, Petitioners. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General S. Creighton Waters, all of Columbia, for Petitioners. David I. Bruck, of Columbia; and John P. Ford, of Sumter, for Respondent. The issue is whether there is any competent evidence in the record to support the post-conviction relief judge's grant of a new sentencing proceeding for respondent Conyers.
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10:30 a.m. | |
3606 Dennis Sauner, Cliff Derreth, Joanne Derreth, Timothy James McClelland, Robert Keith Brown, III, Darlene M. Hesseltine as attorney-in-fact for Curtis L. Hesseltine, Robert C. Hodge, Barney R. Atkinson, Richard L. Huggins, Ann Weeks Huggins, R. Donald Crews, Steven V. Foster, Charles H. Andrews, Robert Austin and Edith Austin, on Behalf of the residential, commercial, and all other Leaseholders of property owned and leased by Santee Cooper, Plaintiffs, of whom Dennis Sauner, Cliff Derreth, Timothy James McClelland, Robert Keith Brown, III, Darlene M. Hesseltine as attorney-in-fact for Curtis L. Hesseltine, Robert C. Hodge, Barney R. Atkinson, Richard L. Huggins, Ann Weeks Huggins, R. Donald Crews, Steven V. Foster, and Charles H. Andrews are the Appellants v. Public Service Authority of South Carolina, d/b/a Santee Cooper, Respondent. Bradford P. Simpson, D. Michael Kelly and B. Randall Dong, all of Suggs & Kelly, of Columbia; John E. Parker, of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton; and Reta S. Hampton, of Marietta, GA, for Appellants. B. Rush Smith, III, William C. Hubbard, Kevin A. Hall and C. Mitchell Brown, all of Nelson, Mullins, Riley & Scarborough, of Columbia; Charles H. Williams and Charles Bradley Hutto, both of Williams & Williams, of Orangeburg, for Respondent. The trial court granted summary judgment against leaseholders of property owned by Santee Cooper. Leaseholders suit arises out of Santee Cooper's decision to sell the property leased by leaseholders.
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11:00 a.m. | |
3607 CASE DISMISSED - ORAL ARGUMENT CANCELLED
Lemmons Farms, Inc., Appellant v. South Carolina Department of Transportation, Respondent. Fruitland Sales Company, Inc., Appellant v. South Carolina Department of Transportation, Respondent. Daisy Outdoor Advertising Company, Inc., Appellant v. South Carolina Department of Transportation, Respondent. Robert D. Moseley, Jr., of Leatherwood, Walker, Todd & Mann, of Greenville, for Appellants. Assistant Chief Counsel Barbara M. Wessinger, of South Carolina Department of Transportation, of Columbia, for Respondent. This appeal involves applications for billboard permits. The following issues are involved: (1) whether the circuit court erred by upholding the hearing officer's exclusion of evidence concerning the circumstances surrounding the issuance of a permit for an existing billboard; (2) whether the circuit court erred by holding appellants were collaterally estopped from challenging the constitutionality of the Department of Transportation (DOT) regulations; (3) whether the DOT regulations are arbitrary and capricious because they do not provide a definite time when an application must qualify; (4) whether the DOT regulations as applied in these cases are arbitrary and capricious in that DOT resolves similar factual scenarios inconsistently; (5) whether the circuit court erred by affirming the hearing officer's refusal to join Abbott as a necessary party in the Byers action; and (6) whether the circuit court erred by affirming the hearing officer's refusal to consolidate and/or allow intervention in the appeals relating to the same location by two competing companies in the Lemmons and Fruitland actions.
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Thursday, January 23, 2003 | |
09:30 a.m. | |
3608 Lamar W. Dawkins and George W. Chisholm, Respondents v. Richard E. Fields; Louis O. Dore; Margaret W. Lesesne, Personal Representative of the Estate of Theodore Lesesne; Mildred Bobo, Personal Representative of the Estate of William Bobo; Herbert A. DeCosta, Jr., Juanita J. Washington; Richard N. Whitney; R.M. Stiney, Jr.; James Vickers; Agatha Cooper; Harold Lesesne; DIA-Dick Realty Company; and Seaside Development Corporation, Petitioners. Stephen P. Groves, Sr., John Hamilton Smith, Sr. and Stephen L. Brown, all of Young, Clement, Rivers & Tisdale, of Charleston, for Petitioners. Wilmot B. Irvin, of Columbia; and Blaney A. Coskrey, III, of Columbia, for Respondents. Respondents sued petitioners for, inter alia, breach of fiduciary duty and corporate oppression. The trial court granted summary judgment for petitioners, but the Court of Appeals reversed. The following are issues on certiorari: (1) did the Court of Appeals err in finding there were material issues of fact? (2) did the Court of Appeals err in finding a verified complaint may be accepted as an affidavit for summary judgment purposes? (3) did the Court of Appeals err in finding the trial court should have considered the expert's affidavit? and (4) did the trial court err in granting summary judgment without allowing additional time for discovery?
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10:00 a.m. | |
3609 South Carolina Farm Bureau Mutual Insurance Company, Petitioner v. Cynthia J. Rabon and Bennie D. Rabon, Respondents. George C. James, Jr., of Lee, Erter, Wilson, James, Holler & Smith, of Sumter, for Petitioner. Dennis N. Cannon, Jr., of Camden, for Respondents. This civil case involves whether Insurance Company established a claimant committed arson so that they could deny his claim for the recovery of an automobile destroyed by fire.
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10:30 a.m. | |
3610 The State, Petitioner v. Curtis Gibbs, Respondent. Deputy Director for Legal Services Teresa A. Knox, Legal Counsel Tommy Evans, Jr., and Legal Counsel J. Benjamin Aplin, all of South Carolina Department of Probation, Parole & Pardon Services, of Columbia, for Petitioner. Assistant Appellate Defender Robert M. Pachak, of Office of Appellate Defense, of Columbia, for Respondent. This case is about whether or not a suspended sentence is a sentence of confinement for purposes of Rule 230(a), SCACR, which stays the execution of a sentence when a criminal defendant serves a notice of appeal and requires posting of an appeal bond only when there is a sentence of confinement.
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Cases to be Submitted Without Oral Argument | |
Perry Wittrell, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Robert M. Dudek, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent. |
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James Gerald Jennings, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General David A. Spencer, all of Columbia, for Petitioner. Chief Attorney Daniel T. Stacey, of Office of Appellate Defense, of Columbia, for Respondent. |
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William Hargrove, Petitioner, v. State of South Carolina, Respondent. |
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Katherine Carruth Link, of Columbia; and South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General B. Allen Bullard, Jr., all of Columbia, for Respondent. |
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Marcus Skeeters, Petitioner v. State of South Carolina, Respondent. |
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Deputy Chief Attorney Joseph L. Savitz, III, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent. |
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Larry R. Todd, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Edgar R. Donnald, all of Columbia, for Petitioner. John Christopher Mills, of Fairey, Parise & Mills, of Columbia, for Respondent. |