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January 2011 |
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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 5, 2011 | |
09:30 a.m. | |
5036 The State, Respondent, v. Jack Edward Earl Parker, Petitioner. Chief Appellate Defender Robert M. Dudek and Senior Appellate Defender Joseph L. Savitz, III, 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 and Assistant Attorney General S. Creighton Waters, of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent. This issue in this case is whether the Court of Appeals erred in affirming the circuit court’s denial of a motion to dismiss pursuant to the double jeopardy clause.
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10:00 a.m. | |
5037 Ann F. McClurg and Ann F. McClurg, as Personal Representative of the Estate of Stephen Andrew McClurg, Respondent, v. Harrell Wayne Deaton and New Prime, Inc., Petitioners. C. Mitchell Brown, William C. Wood, Jr., A. Mattison Bogan and Michael J. Anzelmo, of Nelson Mullins Riley & Scarborough, of Columbia, C. Stuart Mauney, Phillip E. Reeves and Jennifer D. Eubanks, of Gallivan, White & Boyd, PA, of Greenville, Samuel W. Outten and Sandi R. Wilson, of Womble Carlyle Sandridge & Rice, PLLC, of Greenville, for Petitioners. Donald R. Moorhead, of Greenville and Cynthia Barrier Patterson, of Columbia, for Respondents. Duke R. Highfield, Brandt R. Horton and Benjamin A. Traywick, of Young Clement Rivers, LLP, of Charleston, for Amicus Curiae, American Law Firm Association. Robert D. Moseley, Jr., Kurt M. Rozelsky and Matthew M. Staab, of Smith Moore Leatherwood LLP, of Greenville, for Amicus Curiae, SC Trucking Association. William B. Darwin, Jr. and Nathaniel P. Mark, of Holcombe Bomar, P.A., of Spartanburg, for Amicus Curiae, SC Defense Trial Attorneys' Association. Frank L. Eppes, of Eppes & Plumblee, P.A., of Greenville, for Amicus Curiae, South Carolina Association for Justice. The Court granted two petitions for writs of certiorari to review the Court of Appeals decision in McClurg v. Deaton, 380 S.C. 563, 671 S.E.2d 87 (Ct. App. 2008),
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10:30 a.m. | |
5038 The State, Respondent, v. Jeffrey Brian Motts, Appellant. Chief Appellate Defender Robert M. Dudek, 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 and Assistant Attorney General J. Anthony Mabry, of Office of the Attorney General, of Columbia and Solicitor Robert Mills Ariail, of Greenville, for Respondent. In this capital case, the issue is whether Appellant is competent to waive his direct appeal and be executed, and whether such waiver is knowing and voluntary. Additionally, Appellant’s counsel argues that if a death warrant is served upon Appellant then the circuit court or this Court should issue an order for a court-appointed psychiatrist to interview Appellant prior to his execution to assure that he has remained competent.
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Thursday, January 6, 2011 | |
09:30 a.m. | |
5039 Liberty Mutual Fire Insurance Company and Employers Insurance of Wausau, a Mutual Company, Plaintiffs, v. J.T. Walker Industries, Inc., f/k/a Metal Industries, Inc.; and MI Windows & Doors, Inc., f/k/a MI Home Products, Inc. and Metal Industries, Inc. of California, Defendants. Morgan S. Templeton, of Charleston and J. Mark Langdon, of Raleigh, North Carolina, for Plaintiffs. Phyllis W. Ewing and William Howell Morrison, of Moore & Van Allen PLLC, of Charleston, for Defendants. The United States District Court for the District of South Carolina asks the Court to determine whether a policyholder may prorate its insurance deductible among successive commercial general liability policies triggered by progressive property damage.
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10:00 a.m. | |
5040 Larry Lee Boiter, Appellant, v. South Carolina Department of Transportation and South Carolina Department of Public Safety, Respondents. Jeannie Boiter, Appellant, v. South Carolina Department of Transportation and South Carolina Department of Public Safety, Respondents. James Fletcher Thompson, of Spartanburg, for Appellants. Ronald H. Colvin, of Spartanburg and Andrew F. Lindemann, of Davidson & Lindemann, of Columbia, for Respondents. This case deals with whether the two-tier statutory cap on damages under Section 15-78-120 of the South Carolina Tort Claims Act violates the equal protection clause of the South Carolina constitution.
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10:30 a.m. | |
5041 In the Matter of Marva Ann Hardee-Thomas, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel William C. Campbell, of Columbia, for Office of Disciplinary Counsel. James K. Holmes, of The Steinberg Law Firm, of Charleston, for Respondent. This is an attorney disciplinary matter.
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Friday, January 7, 2011 | |
09:30 a.m. | |
5042 Atlantic Coast Builders and Contractors, LLC, Respondent, v. Laura Lewis, Petitioner. Hemphill P. Pride, II, of Columbia, for Petitioner. John P. Qualey, Jr. and Thomas Calvin Taylor, of Hilton Head Island, for Respondent. This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in Atlantic Coast Builders and Contractors v. Lewis, Op. No. 2009-UP-042 (S.C. Ct. App. filed Jan. 15, 2009), in which the Court of Appeals affirmed the master in equity’s award of damages to respondent for negligent misrepresentation, quantum meruit, and breach of contract.
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10:00 a.m. | |
5043 Ernest Lee Paschal, Respondent, v. Richard A. Price, d/b/a RAP Financial Services, Employer, and S. C. Uninsured Employer's Fund, Petitioners. Stanford E. Lacy and Kristian M. Cross, of Collins & Lacy, of Columbia and Clark W. McCants, III and Amy Shumpert, of Nance, McCants & Massey, of Aiken, for Petitioners. Tom Young, Jr., of Whetstone, Myers, Perkins & Young, of Aiken and Ann Mickle, of Mickle & Bass, of Rock Hill, for Respondent. This Court granted a petition for a writ of certiorari to review the decision in Paschal v. Price, 380 S.C. 419, 670 S.E.2d 374 (Ct. App. 2008), in which the Court of Appeals affirmed the findings that Ernest Lee Paschal was an employee rather than an independent contractor of Richard A. Price d/b/a RAP Financial Services and that he was entitled to lifetime workers’ compensation benefits for a permanent and total disability.
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10:30 a.m. | |
5044 Janet Miller, Petitioner, v. FerrellGas, L.P. Inc., and Kenneth W. Ellis, Respondents. James H. Moss, of Moss, Kuhn & Fleming, P.A., of Beaufort, Charles E. Carpenter, Jr. and Carmen V. Ganjehsani, of Carpenter Appeals and Trial Support, of Columbia, for Petitioners. E. Mitchell Griffith, of Griffith, Sadler & Sharp, PA, of Beaufort, Stephen L. Brown, Jeffrey J. Wiseman and Russell G. Hines, of Young Clement Rivers, LLP, of Charleston, for Respondents. This Court granted a writ of certiorari to review the decision of the court of appeals reversing the trial court’s grant of a directed verdict.
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Tuesday, January 18, 2011 | |
09:30 a.m. | |
5045 Charleston County School District, Appellant, v. Robert W. Harrell, in his official capacity as Speaker of the S.C. House of Representatives, Andre Bauer in his official capacity as President of the S.C. Senate, Mark Sanford in his official capacity as Governor of the State of South Carolina, and the State of South Carolina, Respondents. Armand Derfner and D. Peters Wilborn, Jr., of Derfner, Altman & Wilborn, LLC, of Charleston, for Appellant. Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., of Office of the Attorney General, Michael R. Hitchcock, Kenneth M. Moffitt, Bradley S. Wright and Charles F. Reid, all of Columbia, for Respondents. This case concerns whether Act 189, which addresses Charleston County School District’s responsibilities regarding charter schools in their area, is constitutional as it relates to the South Carolina Charter Schools Act.
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10:00 a.m. | |
5046 Kiawah Development Partners, II, Respondent, v. South Carolina Department of Health and Environmental Control, Appellant. South Carolina Coastal Conservation League, Appellant, v. South Carolina Department of Health and Environmental Control and Kiawah Development Partners, II, Of Whom South Carolina Department of Health and Environmental Control is the Appellant, and Kiawah Development Partners, II, is the Respondent. Amy E. Armstrong, of Pawleys Island, Carlisle Roberts, Jr., of Columbia, Bradley D. Churdar and Davis Arjuna Whitfield-Cargile, of Charleston, for Appellants. G. Trenholm Walker, of Pratt-Thomas & Walker, PA, and Gedney M. Howe, III, both of Charleston, for Respondent. This case is an appeal from the administrative law court’s modification and grant of Kiawah Development Partners’s permit to construct a bulkhead and revetment on Captain Sam’s Spit on Kiawah Island.
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10:30 a.m. | |
5047 The State, Appellant, v. Gregory Kirk Duncan, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General S. Creighton Waters, of Office of the Attorney General, of Columbia and Solicitor Robert Mills Ariail, of Greenville, for Appellant. Senior Appellate Defender Joseph L. Savitz, III and Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The State appeals the trial court’s pre-trial determination that respondent, who was indicted for murder, was entitled to immunity under the Protection of Persons and Property Act.
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Wednesday, January 19, 2011 | |
09:30 a.m. | |
5048 The State, Respondent, v. Robert A. Boswell, Appellant. David I. Bruck, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia and Solicitor Donald V. Myers, of Lexington, for Respondent. Appellant appeals his conviction and sentence for first-degree burglary alleging the circuit court erred in: (1) failing to suppress his confessions as they were the direct result of an unlawful arrest by officers acting outside their territorial jurisdiction, and (2) sentencing him to life imprisonment without parole.
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10:00 a.m. | |
5049 The State, Respondent, v. Glenn Ireland Corley, Petitioner. C. Rauch Wise, of Greenwood, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia and Solicitor Jerry W. Peace, of Greenwood, for Respondent. In this criminal appeal, Corley argues the Court of Appeals erred in affirming the denial of his motion to suppress evidence seized from his vehicle.
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10:30 a.m. | |
5050 The State, Respondent, v. Eric Spratt, Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Salley W. Elliott, of Office of the Attorney General, of Columbia and Solicitor Kevin Scott Brackett, of York, for Respondent. This appeal concerns the burden of proof necessary for a defendant to meet when challenging the constitutionality of a prior conviction the State intends to use to enhance a sentence.
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