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South Carolina
Judicial Branch
Supreme Court - Roster of Cases for Hearing

   
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 10, 2012
 09:30 a.m.
5197   South Carolina Department of Social Services, Respondent, v. Pamela Wells and Adrian Wells, Appellants.

Bradford M. Owensby and Marsha M. Banks, both of Banks and Associates, of Aiken and Robert Rutland Thuss, of Swansea, for Appellants. Amanda Frances Whittle, of Aiken and Attorney General Alan Wilson, of Office of the Attorney General, of Columbia, for Respondent. Amy Patterson Shumpert, of Nance, McCants & Massey, of Aiken, Guardian Ad Litem.

This is an appeal from an order denying appellants’ motion to intervene.

 10:00 a.m.
5198   Ex Parte: David G. Cannon, Appellant, v. Ex Parte: Georgia Attorney General's Office, South Carolina Attorney General's Office, Terry Brown, Romunzo Brown, Forlando Brown, Darren Lumar, M&T Bank, Tommie Rae Hynie Brown, Stephen L. Slotchiver, the Guardian ad Litem of James B., II, Larry Brown, Daryl Brown, Individually and on behalf of his minor children, Lindsey B. and Janise B., Vanisha Brown, Deanna J. Brown Thomas, Individually and on behalf of her minor child Jackson B., Yamma N. Brown Lumar, Individually and on behalf of her minor children, Sydney L. and Carrington L., Tonya Brown, Robert L. Buchanan, Jr. and Adele J. Pope, as Special Administrators, Albert Dallas and Alfred A. Bradley, as Personal Representatives of the Estate of James Brown, a/k/a James Joseph Brown, Respondents, In Re: The Estate of James Brown, a/k/a James Joseph Brown, Respondent.

Max N. Pickelsimer, of Warner, Payne and Black, LLP, of Columbia, for Appellant. William W. Wilkins, J. David Black and Fred L. Kingsmore, Jr., of Nexsen Pruet, LLC, of Columbia, Attorney General Alan Wilson, Senior Assistant Attorney General C. Havird Jones, Jr., Assistant Deputy Attorney General Robert D. Cook, Assistant Attorney General J.C. Nicholson, III and Assistant Attorney General Mary Frances Jowers, of Office of the Attorney General, of Columbia and Louis D. Levenson, of Levenson & Associates, of Atlanta, Georgia, Robert N. Rosen, T. Heyward Carter, Jr., S. Alan Medlin and David L. Michel, all of Rosen law Firm, of Charleston, and Matt Bodman, of Columbia, for Respondents. Albert P. Shahid, Jr., of Charleston, for Guardian Ad Litem.

In this contempt action, David G. Cannon appeals from an order of the circuit court issued after remand from the Court of Appeals in Ex parte Cannon, 385 S.C. 643, 685 S.E.2d 814 (Ct. App. 2009). Cannon contends the circuit court erred (1) in failing to find the issue of attorneys' fees moot where he served his sentence for contempt, and (2) in ordering him to pay attorneys' fees for time and expenses incurred in matters unrelated to the contemptuous conduct for which he was sanctioned.

Wednesday, January 11, 2012
 09:30 a.m.
5200   Kim Murphy, Appellant, v. South Carolina Department of Health and Environmental Control and District 5 of Lexington and Richland Counties, Respondents.

Robert Guild, of Columbia and Katie Renee Parham, of Irmo, for Appellant. Stephen P. Hightower and Roger P. Hall, both of Columbia and M. Elizabeth Crum and Pamela A. Baker, both of McNair Law Firm, PA, of Columbia, for Respondents. Amy E. Armstrong and Michael G. Corley, both of Pawleys Island, for Amicus Curiae, South Carolina Wildlife Federation.

Kim Murphy appeals the Administrative Law Court’s order affirming the Department of Health and Environmental Control’s decision to issue a 401 Water Quality Certification to District 5 of Lexington and Richland Counties for renovations to Chapin High School. Murphy argues the ALC erred by (1) misinterpreting the language of S.C. Code Regulation 61-101 ,(2) misapplying the 404(B)(1) guidelines,(3)failing to find DHEC had delegated its decision making authority to the District, and (4) failing to support its finding that there are no feasible alternatives with substantial evidence.

 10:00 a.m.
5201   Watson William Eldridge, IV and Thomas Hadley Eldridge, as Trustees for the Watson William Eldridge, III Revocable Trust, Appellants, v. Frances Ulmer Eldridge, Individually and Frances Ulmer Eldridge as Trustee for the Frances Ulmer Revocable Trust, Respondent.

Robert L. Widener, of McNair Law Firm, PA, of Columbia, and Kelly McPherson Jolley, of McNair Law Firm, of Hilton Head Island, for Appellant. J. Ashley Twombley, of Twenge, & Twombley Law Firm, of Beaufort, for Respondent.

This case involves a breach of fiduciary duty by a nonparty trustee and whether title to a home located on Hilton Head Island should be transferred to a revocable trust.

 10:30 a.m.
5202   In the Matter of William H. Jordan, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, of Columbia, for the Office of Disciplinary Counsel. Gedney M. Howe, III, of Charleston, for Respondent.

This is an attorney disciplinary case.

Tuesday, January 24, 2012
 09:30 a.m.
5078   Carolina Chloride, Inc., Respondent/Petitioner, v. Richland County, a South Carolina Political Subdivision, Petitioner/Respondent.

Andrew F. Lindemann, William H. Davidson, II and Michael B. Wren, all of Davidson & Lindemann, of Columbia, for Petitioner-Respondent. Christian Stegmaier and Amy L. Neuschafer, of Collins & Lacy, of Columbia, and Edward D. Sullivan, of columbia, for Respondent-Petitioner.

This cross appeal involves a property owner’s claims against Richland County arising from a dispute over the property’s zoning classification. The Court granted the petitions of both Carolina Chloride and Richland County for writs of certiorari to review the decision of the Court of Appeals, and we affirmed in part and reversed in part in Carolina Chloride v. Richland County, 394 S.C. 154, 714 S.E.2d 869 (2011). The Court has now granted Carolina Chloride’s petition seeking a review of this determination.

 10:00 a.m.
5205   The State, Respondent, v. Robert T. Carroll, Appellant.

William Norman Epps, III, of Epps, Nicholson & Epps, of Anderson, for Appellant. Attorney General Alan Wilson, 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.

Robert Carroll appeals his convictions of first degree burglary, assault and battery with intent to kill, and possession of a firearm or knife during the commission of a violent crime. He contends the trial judge erred in (1) charging the jury that it could infer malice from the use of a deadly weapon, (2) charging the jury that for assault and battery with intent to kill the defendant must have a general intent to commit serious bodily harm, (3) admitting the 911 tape into evidence, (4) failing to quash the indictments, and (5) failing to grant a new trial on the first degree burglary charge.

 10:30 a.m.
5204   In the Matter of William R. Taylor, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Ericka M. Williams, of Columbia, for the Office of Disciplinary Counsel. William R. Taylor, of Columbia, pro se Respondent.

This is an attorney disciplinary case.

 11:00 a.m.
5199   In the Matter of Glenn Oliver Gray, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Senior Assistant Disciplinary Counsel C. Tex Davis, Jr., of Columbia, for the Office of Disciplinary Counsel. Jason B. Buffkin, of West Columbia, for Respondent.

This is an attorney disciplinary case.

Wednesday, January 25, 2012
 09:30 a.m.
5203   James "Cal" Bell, Othella Bernard, Katherina Bower, Linda M.W. Bratton, Ann T. Bridges, Richard M. Cobb as Personal Representative of the Estate of Rance C. Cobb, Jeannie B. Croxton, Bernetha L, Culbreath, William K. Dreyer, Jacqueline D. Farr, Ruth Fritts, Nancy Glenn, Etta Jane Jones, Geneva M. Martin, Mary H. McCabe, Beverly McClanahan, Max D. Randolph, Carolyn McIver Smith, Maggie G. Williams and Paula Woodlief, Appellants, v. South Carolina Department of Corrections and Palmetto Unified School District No. 1, Respondents.

W. Allen Nickles, III, of Columbia, for Appellant. Lake E. Summers and Katherine Phillips, of Malone, Thompson, Summers & Ott, of columbia, for Respondents.

Appellants, who are current and former certified educators employed by the South Carolina Department of Corrections in the Palmetto Unified School District, collectively appeal the Administrative Law Court's order affirming the State Employee Grievance Committee's decision denying Appellants' grievances regarding a reduction-in-force.

 10:00 a.m.
5206   Osiel Gomez Narciso, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Matthew J. Friedman, of Office of the Attorney General, of Columbia, for Respondent.

Oseil Gomez Narciso (Petitioner) appeals his conviction for trafficking cocaine and argues that the police search and seizure was unreasonable under the Fourth Amendment to the United States Constitution. Following his conviction, Petitioner was granted a belated direct appeal, but waived his right to present to pursue any other post-conviction relief allegations. Petitioner requests that this case be remanded for a determination as to whether that waiver was entered into knowingly and voluntarily.

 10:30 a.m.
5207   Howard Alston Duncan, Jr., and Thomas Duncan, Appellants, v. Rose Ann Voyles and Mary Liverman, Respondents.

Thomas M. Kennaday, of Turner, Padget, Graham & Laney, P.A., of Columbia, for Appellants. Brian Dumas, of Columbia, for Respondents.

Appellants seek recognition of the tort of intentional interference with an inheritance and reversal of an order dismissing a civil conspiracy claim.

Thursday, January 26, 2012
 10:00 a.m.
5208   Cathy C. Bone, Respondent, v. U.S. Food Service and Indemnity Insurance Company of North America, Petitioners.

Michael E. Chase and Carmelo B. Sammataro, both of Turner, Padget, Graham & Laney, P.A., of Columbia, for Petitioners. Blake A. Hewitt and John S. Nichols, both of Bluestein, Nichols, Thompson and Delgado, of Columbia, for Respondent.

In this workers’ compensation case, the employer appealed from the circuit court’s determination that the employee’s claim was compensable. The Court of Appeals dismissed the appeal as interlocutory in Bone v. U.S. Food Service, S.C. Ct. App. Order dated June 30, 2010, which the employer contends was based on a misapplication of precedent. This Court has granted the employer’s petition for a writ of certiorari to review the decision of the Court of Appeals.

 10:30 a.m.
5209   Monica Weston, Petitioner, v. Kim's Dollar Store and CIBA Vision, a division of Novartis Company, Respondents.

Robert L. Widener, Celeste T. Jones, A. Victor Rawl, Jr. and Andrew G. Melling, all of McNair Law Firm, PA, of Columbia and Stevens Bultman Elliott, of Columbia, for Petitioner. Keith D. Munson and Sandi R. Wilson, of Womble Carlyle Sandridge & Rice, PLLC, of Greenville, Curtis L. Ott, of Turner, Padget, Graham & Laney, P.A., of Columbia and Daniel Thomas Sullivan, of Columbia, for Respondents.

This Court granted certiorari to review the Court of Appeals’ decision affirming the trial Court’s grant of partial summary judgment to Respondent in this products liability action concerning the unauthorized sale of contact lenses to Petitioner. The specific issue relates to the applicability of an express federal preemption provision, including whether the contact lenses sold to Petitioner were Class III medical devices under federal law.

 11:00 a.m.
5210   In the Matter of Michael E. Atwater, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, of Columbia, for the Office of Disciplinary Counsel. Michael E. Atwater, of Rock Hill, pro se Respondent.

This is an attorney disciplinary case.

 

Cases to be Submitted Without Oral Argument

South Carolina Department of Corrections, Respondent, v. Billy Joe Cartrette, Petitioner.

Billy Joe Cartrette, of Ridgeland, pro se Petitioner. Lake Eric Summers, of Malone, Thompson, Summers & Ott, of Columbia, for Respondent.

James P. Rachels, Petitioner, v. Kathleen M. Kelly, Respondent.

James P. Rachels, of Ridgecrest, California, pro se Petitioner. James W. Corley, of Columbia, for Respondent.

Robert Bayly, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Matthew J. Friedman, of Office of the Attorney General, of Columbia, for Petitioner. David B. Tarr, of Columbia, for Respondent.

Joseph Smith, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Matthew J. Friedman, of Office of the Attorney General, of Columbia, for Petitioner. Appellate Defender Elizabeth Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.