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January 2010 |
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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 5, 2010 | |
09:30 a.m. | |
4880 In the Matter of Richland County Magistrate's Court, Fifth Judicial Circuit Solicitor W. Barney Giese, Petitioner. Richland County Chief Public Defender Douglas S. Strickler, Respondent. Solicitor W. Barney Giese and Assistant Solicitor Aaron S. Jophlin, both of Columbia, for Petitioner. Chief Public Defender Douglas S. Strickler, Assistant Public Defenders Chris S. Truluck and Charlie W. Cochran, all of Columbia, for Respondent. This case involves the question of whether it is the unauthorized practice of law for a non-lawyer to prosecute a criminal misdemeanor charge in magistrate's court without the assistance of a solicitor.
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10:00 a.m. | |
4881 James L. Verenes, as Successor of the Charitable Remainder Unitrust Under Agreement with Houndslake Country Club, Inc., dated July 25, 2000, Respondent, v. Nicholas L. Alvanos, individually and as Former Trustee of the Charitable Remainder Unitrust Under Agreement with Houndslake Country Club, Inc., dated July 25, 2000, Appellant, v. Robert C. Penland, Third-Party Defendant. Warren C. Powell, Jr., and William D. Britt, Jr., both of Bruner, Powell, Robbins, Wall & Mullins, of Columbia, for Appellant. B. Michael Brackett, of Moses, Koon & Brackett, of Columbia, for Respondent. The issue in this case is whether the circuit court erred in denying appellant’s request for a jury trial in a breach of trust case.
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10:30 a.m. | |
4882 MBNA America Bank, N.A., Respondent, v. Mark Christianson, Appellant. David Charles Alford, of Spartanburg, for Appellant. Christian Stegmaier, of Collins & Lacy, of Columbia, for Respondent. The issue in this appeal is whether the circuit court erred in refusing to set aside an order enrolling a foreign arbitration award.
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Wednesday, January 6, 2010 | |
09:30 a.m. | |
4883 George E. Tempel, Chairman of the Charleston County Democratic Party, Respondent, v. Eugene Platt, Appellant. M. Laughlin McDonald and Bryan L. Sells, both of Americian Civil Liberties Union Foundation, Inc., of Atlanta, GA, for Appellant. Forrest Truett Nettles, II, of the Nettles Law Office, of Charleston, for Respondent. The Chairman of the Charleston County Democratic Party sought an injunction pursuant to S.C. Code Ann. § 7-11-210 enjoining Eugene Platt from offering or campaigning as a candidate for the South Carolina House of Representatives in the 2008 general election after he was defeated as a candidate in the Democratic Party Primary. Platt appeals from an order granting the injunction.
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10:00 a.m. | |
4884 The State, Respondent, v. Keith Anthony Sims, Petitioner. Senior Appellate Defender Joseph L. Savitz, III, and Appellate Defender LaNelle C. DuRant, both of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. 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, Assistant Attorney General Alphonso Simon, Jr. and Solicitor Warren B. Giese, all of Columbia, for Respondent. In this criminal matter, the Court granted Sims’s petition for writ of certiorari to review the decision of the Court of Appeals in State v. Sims, 377 S.C. 598, 661 S.E.2d 122 (Ct. App 2008).
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10:30 a.m. | |
4885 Ted Corbett, Petitioner, v. Jordan William Weaver, a minor over the age of fourteen (14) years, and Michael Joel Weaver, Defendants, of whom Michael Joel Weaver is the Respondent. E. LeRoy Nettles, Sr., and Marian D. Nettles, both of Nettles, Turbeville & Reddeck, of Lake City, for Petitioner. Robert C. Brown, of Brown & Brehmer, of Columbia, for Respondent. This appeal involves the denial of a directed verdict motion and new trial motion regarding the submission of the family purpose doctrine issue to the jury.
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Thursday, January 7, 2010 | |
09:30 a.m. | |
4886 Donald M. Brandt, Individually and as Personal Representative of the Estate of Janice N. Brandt, Deceased, Appellant, v. Elizabeth K. Gooding and Gooding & Gooding, P.A., Respondents. James Mixon Griffin, Jack B. Swerling and Richard A. Harpootlian, all of Columbia, for Appellant. Daniel A. Speights and Gibson Solomons, both of Speights & Runyan, of Hampton, for Respondent Elizabeth K. Gooding. Joel W. Collins, Christian Stegmaier and Amy L. Neuschafer, all of Collins & Lacy, of Columbia, for Respondent Gooding & Gooding, P.A.
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10:00 a.m. | |
4887 Zurich American Insurance Company, Petitioner, v. Tony Fitzgerald Tolbert and Tonesha Tolbert, Respondents. J. R. Murphy and Ashley B. Stratton, both of Murphy & Grantland, of Columbia, for Petitioner. Matthew Christian, of Christian, Moorhead & Davis, of Greenville, for Respondents. The Court granted certiorari to consider a decision of the Court of Appeals concerning automobile insurance coverage.
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10:30 a.m. | |
4888 Quail Hill, LLC, Respondent, v. County of Richland, South Carolina, Petitioner. Andrew F. Lindemann, William H. Davidson, II, and Michael B. Wren, of Davidson & Lindemann, of Columbia, for Petitioner. Clifford O. Koon, Jr., Paul D. deHolczer and Robert L. Brown, of Moses, Koon and Brackett, Charles E. Carpenter, Jr., Carmen V. Ganjehsani and Sharon Plyler Besley, of Carpenter Appeals and Trial Support, all of Columbia, for Respondent. This Court granted a writ of certiorari to review the Court of Appeals’ decision in Quail Hill, LLC v. County of Richland, 379 S.C. 314, 665 S.E.2d 194 (Ct. App. 2008), in which the Court of Appeals reviewed the grant of summary judgment to the County of Richland as to Quail Hill’s claims regarding the zoning of a tract of land.
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Wednesday, January 20, 2010 | |
09:30 a.m. | |
4889 Heather Herron, Natalie Armstrong, Michael Ritz, Julie Freeman, Christine Watts, Alison Dannert, Michael Blease, Michael Watts, Individually and for the benefit of all car buyers who paid "administrative fees" as described below to the defendants, Respondents, v. Century BMW, a/k/a Sonic Automotive; Dick Dyer & Associates, Inc.; Galeana Chrysler Plymouth, Inc., a/k/a Galeana Chrysler Jeep, Inc.; J.L.H. Investments LP, a/k/a Hendrick Honda; Overland, Inc., d/b/a Land Rover of Columbia; Taylor Toyota, a/k/a Taylor Investments, and Toyota of Greenville, Inc., Defendants, of whom Century BMW a/k/a Sonic Automotive is the Appellant. Steven W. Hamm, C. Jo Anne Wessinger-Hill, David A. Anderson and Jocelyn T. Newman, all of Richardson, Plowden & Robinson, of Columbia, Dennis M. Black and Ryan L. VanGrack, both of Williams & Connolly, of Washington, DC, all for Appellant. A. Camden Lewis and Brady R. Thomas, both of Lewis & Babcock, of Columbia, Gedney M. Howe, III, of Charleston, Michael Eugene Spears, of Spartanburg, and Richard A. Harpootlian, of Columbia, all for Respondents. This case is an appeal from the denial of Appellant’s motion to compel arbitration.
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10:00 a.m. | |
4890 The State, Petitioner, v. Hercules E. Mitchell, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Petitioner. Acting Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The State argues the Court of Appeals erred in determining Defendant's rights under the Confrontation Clause were violated because the issue was not preserved at trial, abandoned on appeal, or in the alternative, any error committed by the trial court was harmless.
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10:30 a.m. | |
4891 Tobaccoville USA, Inc., Respondent, v. Henry D. McMaster, in his Official Capacity as Attorney General of the State of South Carolina, Appellant. Jonathan B. Williams, David Spencer and T. Parkin Hunter, all of Office of the Attorney General, of Columbia, for Appellant. Val H. Stieglitz and Amy Harmon Geddes, both of Nexsen Pruet, of Columbia, and Stephen P. Groves, Sr., of Nexsen Pruet, of Charleston, for Respondent. The administrative law judge granted Tobaccoville’s motion to compel discovery of several documents, finding they were not privileged. The Attorney General appeals.
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Thursday, January 21, 2010 | |
09:30 a.m. | |
4892 Lee Pye, Petitioner, v. Mary B. Holmes, Charleston County Magistrate, and Charleston County, Respondents. Holly Palmer Beeson, of Baker, Ravenel & Bender, of Columbia, and Bonnie Travaglio Hunt, of Hunt Law, of North Charleston, for Petitioner. James A. Stuckey, Jr., of Stuckey Law Offices, of Charleston, for Respondents. In this case, Petitioner argues that the Court of Appeals erred in upholding the trial court’s denial of her motion to transfer the case to the jury roster and in finding that she was not entitled to an immediate appeal of the denial.
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10:00 a.m. | |
4893 G. Dana Sinkler and Anchorage Plantation Home Owners Association, Petitioners, v. County of Charleston, Charleston County Council and Theodora Walpole and John D. Walpole, Respondents. G. Trenholm Walker, Francis M. Ervin and Sara E. DeWolf, all of Pratt-Thomas & Walker, of Charleston, for Petitioners. County Attorney Joseph Dawson, III, Deputy County Attorney Bernard E. Ferrara, Jr., and Assistant County Attorney Austin A. Bruner, all of North Charleston, for Respondents County of Charleston and Charleston County Council. Gerald M. Finkel, of Finkel & Altman, of Charleston, for Respondents Theodore Walpole and John D. Walpole. In this zoning case, we granted a petition for a writ of certiorari to the Court of Appeals to review its decision in Sinkler v. County of Charleston, Op. No. 2008-UP-297 (S.C. Ct. App. filed June 5, 2008). The Sinkler decision reversed a circuit court order finding that an ordinance rezoning property from agricultural (with some houses) to a planned development district was invalid due to perceived conflicts with the Enabling Act and local zoning regulations.
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10:30 a.m. | |
4894 The State, Petitioner, v. David Dwight Smith, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Petitioner. Senior Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The Court granted certiorari to review the Court of Appeals' opinion in State v. Smith, Op. No. 2008-UP-194 (S.C. Ct. App. filed March 20, 2008), in which the Court of Appeals reversed Smith’s murder conviction and held he was entitled to a voluntary manslaughter charge.
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Cases to be Submitted Without Oral Argument | |
Benjamin Heyward, Petitioner, v. State of South Carolina, Respondent. |
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Walter T. Cox, Andrea K. St. Amand and Tiarna Harman, all of Nelson Mullins Riley & Scarborough, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Matthew J. Friedman, all of Columbia, for Respondent. |