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January 2007 |
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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.
Wednesday, January 3, 2007 | |
09:30 a.m. | |
4316 The State, Respondent v. James Nathaniel Bryant, III, Appellant. Deputy Chief Attorney for Capital Appeals Robert M. Dudek and Appellate Defender Aileen P. Clare, both 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, Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. Appellant appeals his death sentence claiming that the trial court erred in 1) not requiring that jurors be physically present during jury selection; 2) not ordering the State to turn over Appellant’s SCDC file as Brady material; 3) not granting a continuance for the State to produce the necessary Brady documents; 4) not granting a new trial because of the State’s lack of cooperation in producing discovery materials; and 5) not allowing an expert witness to state an opinion on an ultimate issue in response to the prosecution’s arguments.
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10:00 a.m. | |
4317 In the Matter of the Care and Treatment of Larry Gene Beaver, Respondent v. The State of South Carolina, Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R. J. Shupe, Assistant Attorney General David M. Stumbo, all of Columbia, for Appellant. William Diggs, of Diggs & Danielsen, LLC, of Myrtle Beach, for Respondent. This case involves the issue of whether the circuit court erred by dismissing the State’s Sexually Violent Predator petition.
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10:30 a.m. | |
4318 Walter McSherry, individually and on behalf of all others similarly situated, and the South Carolina Public Interest Foundation, Appellants v. Spartanburg County Council, Chairman Jeffery A. Horton, Johnnye Code-Stewart, Steve Parker, David Britt, Rock Adams, Ken Huckaby and Frank Nutt, Respondents. James G. Carpenter and Jennifer J. Miller, both of The Carpenter Law Firm, of Greenville, for Appellants. County Attorney Edwin C. Haskell, III, of Spartanburg, for Respondents. At issue in this case is whether an ordinance of the Spartanburg County Council adopting a $25.00 road fee was properly adopted. The circuit court dismissed the action, finding the ordinance was properly enacted.
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02:30 p.m. | |
4321 South Carolina Department of Transportation, Appellant v. First Carolina Corporation of S.C., Landowner, and Edisto Farm Credit, ACA, Mortgagee, Other Condemnee(s), of whom First Carolina Corporation of S.C. is Respondent. B. Michael Brackett, of Moses, Koon & Brackett, P.C., of Columbia, for Appellant. Thomas A. Holloway, of Harvey & Battey P.A., of Beaufort, and Daniel E. Henderson, of Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., of Ridgeland, for Respondent. This case involves the issue of whether the trial court erred in using a special verdict form in a condemnation action.
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Thursday, January 4, 2007 | |
09:30 a.m. | |
4319 Clear Channel Outdoor, f/k/a Eller Media, Petitioner v. The City of Myrtle Beach, and The City of Myrtle Beach Board of Zoning Appeals, Respondents. Howell V. Bellamy, Jr., and Douglas M. Zayicek, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, PA, of Myrtle Beach, for Petitioner. Frances I. Cantwell, and William B. Regan, both of Regan & Cantwell, of Charleston, for Respondents. Petitioner argues the Court of Appeals erred in reversing the trial court and, in effect, denying Petitioner’s permit to replace a billboard because of its alleged nonconformance with a Myrtle Beach City Zoning Ordinance.
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10:00 a.m. | |
4320 The City of Rock Hill, Appellant v. Cynthia A. Suchenski, Respondent. City Solicitor Harry P. Collins, of Rock Hill, for Appellant. Thomas F. McDow, of Rock Hill, for Respondent.
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Sunday, January 7, 2007 | |
10:00 a.m. | |
4675 Edward D. Sloan, Jr., individually, and on behalf of all others similarly situated, and the South Carolina Public Interest Foundation, Appellants, v. The Department of Transportation, an agency of the State of South Carolina and the Department of Transportation Commission, Tee Hooper, Jr., Robert W. Harrell, John N. Hardee, Marion P. Carnell, William C. Turner, Bobby T. Jones, and J.M. Truluck, in their official capacities as Commissioners thereof, Respondents. James G. Carpenter and Jennifer J. Miller, both of The Carpenter Law Firm, of Greenville, for Appellants. William A. Coates and Fred W. Suggs, III, both of Roe Cassidy Coates & Price, PA, of Greenville, and Linda C. McDonald, of South Carolina Department of Transportation, of Columbia, for Respondent. In this case, Appellant Edward Sloan appeals the grant of summary judgment for the Department of Transportation in a claim Sloan brought to enjoin a demolition contract based on the Department’s actions when procuring the contract.
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Wednesday, January 17, 2007 | |
09:30 a.m. | |
4322 The State, Respondent v. Marion Alexander Lindsey, Appellant. Deputy Chief Attorney for Capital Appeals Robert M. Dudek and Appellate Defender Aileen P. Clare, both of South Carolina Commission on Indigent Defense, of Columbia, and Karen Michelle Quimby, of The Brannon Law Firm, of Spartanburg, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. In this death penalty case, appellant claims error in the trial judge's disqualification of a juror and sentencing phase issues regarding a jury view and the aggravating circumstance of great risk to more than one person in a public place.
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10:00 a.m. | |
4323 B&A Development, Inc.; Baker-Haynes, LLC; H&C Fishers, Inc.; Charles C. Smith; James P. Mayes, III; Barry C. Haynes; Rachelle H. Hayes; Samuel H. Baker; Jody J. Baker; Andrew D. Smith; G.D. Rogers; Mary G. Collins; Individually and as Class Representative for all those similarly situated, Petitioners v. Georgetown County, a Body Politic; Georgetown County Council; Georgetown County School District; Edna Earle Freeman in her capacity as Georgetown County Auditor; and Loretta D. Washington, in her capacity as Georgetown County Treasurer, Respondents. Gene M. Connell, Jr., of Kelaher, Connell & Connor, P.C., of Surfside Beach, for Petitioners. David T. Duff, of Duff & White, LLC, of Columbia, for Respondent Georgetown County School District. David J. Mills, of McNair Law Firm, PA, of Georgetown, for Respondents Georgetown County and Georgetown County Council. Thomas J. Rubillo, of Georgetown, for Respondents Edna Earle Freeman, in her capacity as Georgetown County Auditor and Loretta D. Washington, in her capacity as Georgetown County Treasurer. Petitioners appeal the Court of Appeal’s decision which affirmed the circuit court’s finding that the case be dismissed because petitioners failed to exhaust their administrative remedies under the S.C. Revenue Procedures Act.
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10:30 a.m. | |
4324 Catawba Indian Tribe of South Carolina, Respondent v. The State of South Carolina and Henry D. McMaster, in his official capacity as Attorney General of the State of South Carolina, Appellants. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert D. Cook and Senior Assistant Attorney General C. Havird Jones, Jr., all of Columbia, for Appellant. Dwight F. Drake, B. Rush Smith, III, both of Nelson Mullins Riley & Scarborough, of Columbia, Jay Bender, of Baker, Ravenel & Bender, L.L.P., of Columbia, Robert M. Jones, of Rock Hill, and Jim Odell Stuckey, II, of Littler, Mendelson, PC, of Columbia, for Respondent. Appellants appeal the circuit court’s grant of summary judgment in favor of Respondent. Appellants raise the following issues: (1) did the circuit court err in finding the South Carolina Catawba Indian Claims Settlement Act and Catawba Tribe Settlement Agreement gave Respondent the present and continuing right to operate video poker or similar electronic play devices on its Reservation; and (2) did the circuit court err in finding the general bingo entrance fee imposed by S.C. Code Ann. § 12-21-4030(B)(1) was not applicable to Respondent.
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Thursday, January 18, 2007 | |
09:30 a.m. | |
4325 The State, Respondent v. Derrick Turner, Appellant. Jerry M. Screen, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Thomas E. Pope, of Rock Hill, for Respondent. In this appeal from a conviction for trafficking in marijuana, appellant contends the trial court erred in failing to suppress a statement surreptitiously recorded while he was in a patrol car, and in failing to direct a verdict.
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10:00 a.m. | |
4326 Dwayne Elliott Johnson, Respondent v. The South Carolina Department of Probation, Parole and Pardon Services, Petitioner. Deputy Director for Legal Services Teresa A. Knox, Assistant Chief Legal Counsel J. Benjamin Aplin and Legal Counsel Tommy Evans, Jr., of Columbia, for Petitioner. Deputy Chief Attorney Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. This case deals with early termination of probation, subject matter jurisdiction, and compliance with South Carolina’s appellate court rules.
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10:30 a.m. | |
4327 The State, Petitioner v. Michael Dunbar, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Petitioner. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. This case involves the issue of whether the Court of Appeals erred by finding the magistrate who issued the search warrant was not neutral and detached.
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Cases to be Submitted Without Oral Argument | |
James Furtick, Appellant v. South Carolina Department of Corrections, Respondent. |
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James Furtick, of Bennettsville, pro se Appellant. Deputy General Counsel Barton J. Vincent, of South Carolina Department of Corrections, of Columbia, for Respondent. |
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Anthony Lamont McCray, Petitioner v. State of South Carolina, Respondent. |
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Appellate Defender Aileen P. Clare, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Daniel E. Grigg, all of Columbia, for Respondent. |
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Raymond J. Ladson, Petitioner v. State of South Carolina, Respondent. |
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Jennifer Ann Jordan and Robert William Whelan, both of Nelson, Mullins, Riley & Scarborough, of Charleston, for Petitioner. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Colleen E. Dixon, all of Columbia, for Respondent. |
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Willie James, 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 Salley W. Elliott and Assistant Attorney General Sabrina C. Todd, all of Columbia, for Petitioner. Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Jeffrey L. Edwards, Petitioner v. State of South Carolina, Respondent. |
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Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen C. Ratigan, all of Columbia, for Respondent. |