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January 2004 |
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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 6, 2004 | |
10:00 a.m. | |
3812 Christina G. deBondt, Respondent v. Carlton Motorcars, Inc. and Mercedes-Benz, N. A., Petitioners. Hamilton Osborne, Jr., and James Y. Becker, both of Haynsworth Sinkler Boyd, of Columbia, for Petitioners. Robin B.Stilwell, of Hunter, Tomaszek & Stilwell, of Greenville, for Respondent. On certiorari, the question is whether an order setting this case for trial is appealable.
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10:30 a.m. | |
3826 E'Van Frazier, Respondent v. Athaniel Badger, Jr., Petitioner. Andrew F. Lindemann, of Davidson, Morrison & Lindemann, and Andrea E. White, of Duff, Turner, White & Boykin, both of Columbia, for Petitioner. Lawrence Keitt, of Keitt & Associates, of Orangeburg, for Respondent. This case involves several questions of whether the Court of Appeals properly upheld a judgment against Petitioner for the tort of outrage. Those questions include: (1) whether Petitioner, as a government employee, was immune from this action; (2) whether the trial judge properly refused Petitioner's request for special interrogatories; and (3) whether the jury's punitive damages award was constitutionally excessive.
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Wednesday, January 7, 2004 | |
09:30 a.m. | |
3808 The State, Respondent v. Richard Bernard Moore, Appellant. Deputy Chief Attorney Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, 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, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. The issues in this death penalty appeal involve the parameters of a capital defendant’s right to personally address the jury at both the guilt and sentencing phase of his trial.
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10:00 a.m. | |
3809 The State, Respondent v. Martin McIntosh, Petitioner. Assistant Appellate Defender Robert M. Dudek, of South Carolina Office of Appellate Defense, of Columbia, and John M. Ervin, III, of Darlington, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor Jay E. Hodge, Jr., of Darlington, for Respondent. In this criminal case, the Court granted certiorari to consider whether the Court of Appeals properly concluded that the defendant "opened the door" to cross-examination on his post-arrest silence by presenting a defense which created the impression he had cooperated with police.
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10:30 a.m. | |
3810 Kevin Cowan and Jimmy Blanding, Petitioners v. Allstate Insurance Company, Respondent. Samuel Darryl Harms, of Harms Law Firm, of Greenville, for Petitioners. Robert D. Moseley, Jr., of Leatherwood, Walker, Todd & Mann, of Greenville, for Respondent. John Shannon Nichols, of Bluestein & Nichols, of Columbia; and Alford Haselden, of Haselden, Owen & Boloyan, of Clover, for Amicus Curiae South Carolina Trial Lawyers Association. C. Mitchell Brown, of Nelson, Mullins, Riley & Scarborough of Columbia, for Amicus Curiae South Carolina Defense Trial Attorney's Association. The Court granted certiorari to consider a Court of Appeals' decision construing S.C. Code Ann. § 38-77-142(B).
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Thursday, January 8, 2004 | |
09:30 a.m. | |
3811 Randolph Singleton, Respondent v. Stokes Motors, Inc., d/b/a Stokes Toyota, Petitioner, And also Valerie Singleton, Respondent v. Stokes Motors, Inc., d/b/a Stokes Toyota, Petitioner. H. Fred Kuhn, Jr., of Moss, Kuhn & Fleming, of Beaufort, for Petitioner. Philip Fairbanks and Kathy D. Lindsay, both of Fairbanks & Lindsay, of Beaufort, for Respondents. This Court granted certiorari to review the Court of Appeals’ unpublished opinion (1) affirming the trial judge’s decision to award plaintiffs, individually, minimum statutory damages under former UCC § 36-9-507(1) and (2) reversing the trial judge’s finding that plaintiffs’ claims under the UCC and the South Carolina Unfair Trade Practices Act were factually inconsistent.
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10:00 a.m. | |
3813 John T. Black, Jr. and Jeanne Jones, as Personal Representatives of the Estate of Dorothy Carter, and also as Trustees of the Trust of Melissa Lynne Carter and Cynthia Anne Carter, Sylvia Carter, Otis Calvin Carter, III, Suzanne Carter Riley, Lacy Rebecca Rhode and John Duncan Carter, Plaintiffs v. Jagdish M. Patel and Usha M. Patel, Petitioners v. Dr. Abraham Karrottukunnel, Respondent. G. Dana Sinkler, of Warren & Sinkler, of Charleston, and Stephen A. Spitz, of Columbia, for Petitioners. Michael S. Church, of Turner, Padget, Graham & Laney, of Columbia, for Respondent. This case involves the issue of whether attorneys' fees are recoverable from a covenantor of a general warranty deed where the covenantor failed to defend an action asserting superior title against the covenantee.
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10:30 a.m. | |
3814 In the Matter of Daniel F. Norfleet, Respondent. Attorney General Henry Dargan McMaster and Senior Assistant Attorney General James G. Bogle, Jr., both of Columbia, for the Office of Disciplinary Counsel. Daniel F. Norfleet, of Summerville, pro se.
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Wednesday, January 21, 2004 | |
09:30 a.m. | |
3815 Destry Spears, Petitioner v. State of South Carolina, Respondent. Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., Assistant Attorney General Douglas E. Leadbitter and Assistant Attorney General Christopher L. Newton, all of Columbia, for Respondent. The Court issued a writ of certiorari and allowed petitioner a belated direct appeal. The issue on appeal is whether the trial court erred in failing to suppress petitioner's statement.
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10:00 a.m. | |
3816 Kiawah Property Owners Group, Appellant v. The Public Service Commission of South Carolina and Kiawah Island Utility Company, Inc., Respondents. Stephen L. Brown, Michael A. Molony and Lea Kerrison, all of Young, Clement, Rivers & Tisdale, of Charleston, for Appellant. Fred David Butler, of Columbia, for Respondent Public Service Commission of South Carolina. G. Trenholm Walker and Amanda R. Maybank, both of Pratt-Thomas, Epting & Walker, of Charleston, for Respondent Kiawah Island Utility Co., Inc.
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10:30 a.m. | |
3817 Richard Pratt, Petitioner v. Morris Roofing, Inc., Employer, and Transportation Insurance Company, Carrier, Respondents. R. Thayer Rivers, Jr., of Ridgeland, and Darrell T. Johnson, Jr., of Hardeeville, for Petitioner. W. Hugh McAngus, of McAngus, Goudelock & Courie, of Columbia, for Respondents. This workers' compensation case raises the issues of whether the Court of Appeals erred by holding petitioner left the scope of his employment by violating orders not to drive a company vehicle home and whether the Court of Appeals erred by finding Morris Roofing did not provide transportation to its employees.
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Thursday, January 22, 2004 | |
09:30 a.m. | |
3818 Raby Construction, L.L.P., Respondent v. Henry J. Orr, Jr., H&D Capital, LLC, d/b/a The South City Grill, Stanley C. Gibson, Bank of Travelers Rest, and Debra L. Dailey d/b/a Dailey & Associates, Defendants, of whom Henry J. Orr, Jr. and H&D Capital, LLC d/b/a the South City Grill are Appellants.
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Raby Construction, L.L.P., Respondent v. Henry J. Orr, Jr., H&D Capital, LLC, d/b/a The South City Grill, Stanley C. Gibson, Bank of Travelers Rest, and Debra L. Dailey d/b/a Dailey & Associates, Defendants, of whom Henry J. Orr, Jr., is Appellant. (2 cases combined for argument) T.S. Stern, Jr., of Covington, Patrick, Hagins, Stern & Lewis, of Greenville, for Appellants. Matthew P. Utecht, of Haynsworth Sinkler Boyd, of Greenville, for Respondent. The issues in this combined appeal involve whether the trial court erred in: (1) denying the Rule 60 motion, and (2) awarding additional attorneys’ fees after an appeal in the case had already been filed.
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10:00 a.m. | |
3819 Tamera Jean Bergstrom, Petitioner v. Palmetto Health Alliance d/b/a Palmetto Baptist Medical Center of Columbia and d/b/a Baptist Medical Center, Respondent. William Isaac Diggs, of Diggs & Danielsen, of Myrtle Beach, for Petitioner. William L. Pope, of Pope & Rodgers, of Columbia, for Respondent.
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10:30 a.m. | |
3792 The State, Respondent v. David Mark Hill, Appellant. Assistant Appellate Defender Robert M. Dudek, of South Carolina Office of Appellate Defense, of Columbia, and Jeffrey P. Bloom, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Melody J. Brown, all of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent. This capital case raises numerous issues challenging appellant's convictions and death sentence including juror qualification, penalty phase charge, and evidentiary issues.
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Cases to be Submitted Without Oral Argument | |
Antonio Tisdale, 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 Donald J. Zelenka and Assistant Attorney General Derrick K. McFarland, all of Columbia, for Petitioner. Joseph Edward Cadmus, of Charleston, for Respondent. |
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Walter Ray Brown, Petitioner v. State of South Carolina, Respondent. |
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Tara Dawn Shurling, 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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Joseph R. Sheppard, Petitioner v. State of South Carolina, Respondent. |
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Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr. and Assistant Attorney General Christopher L. Newton, all of Columbia, for Respondent. |
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Benjamin Harden, Petitioner v. State of South Carolina, Respondent. |
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Tara Dawn Shurling, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Attorney General B. Allen Bullard, Jr., and Assistant Attorney General David A. Spencer, all of Columbia, for Respondent. |
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James L. Williams, Petitioner v. State of South Carolina, Respondent. |
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Chief Attorney Daniel T. Stacey, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and 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. |