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January 2016 |
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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 12, 2016 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2015-000365 The State, Respondent,
v.
Antonio Miller, Petitioner. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Petitioner. Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General J. Anthony Mabry, all of Columbia, and Solicitor Strom Thurmond, Jr., of Aiken, for Respondent. The Court reviews the Court of Appeals' decision in State v. Miller, Op. No. 2014-UP-409 (S.C. Ct. App. filed Nov. 19, 2014). |
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10:00 a.m. | (Time Limits: 15-15-5) |
2015-001175 South Carolina Public Interest Foundation and Edward D. Sloan, individually, and on behalf of all others similarly situated, Petitioners,
v.
South Carolina Department of Transportation and John V. Walsh, Deputy Secretary of Transportation for Engineering, Respondents. James G. Carpenter and Jennifer J. Miller, both of Carpenter Law Firm, PC, of Greenville, for Petitioners. Beacham O. Brooker, Jr., of Columbia, for Respondents. In this declaratory judgment action, the Court granted certiorari to review the Court of Appeals' decision in S.C. Public Interest Foundation v. S.C. Department of Transportation, 412 S.C. 18, 770 S.E.2d 399 (Ct. App. 2015), which determined appellants lacked standing to bring this action and that their controversy did not fall under any of the exceptions to the mootness doctrine. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2015-001255 In the Matter of Timothy Eugene Moses, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Julie K. Martino, both of Columbia, for the Office of Disciplinary Counsel. Peter Demos Protopapas, of Rikard & Protopapas, LLC, of Columbia, Alexander M. Sanders, Jr., of Charleston and Michael J. Virzi, of Columbia, for Respondent. This is an attorney disciplinary matter. |
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Wednesday, January 13, 2016 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2015-000908 The State, Respondent,
v.
Melvin Presley Stukes, Petitioner. Appellate Defender Katherine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan M. Wilson, Assistant Attorney General Mary Williams Leddon, Assistant Attorney General Susannah R. Cole and Solicitor Daniel E. Johnson, all of Columbia, for Respondent. The Court granted certiorari to review the court of appeals' opinion in State v. Stukes, Op. No. 2015-UP-014 (S.C. Ct. App. filed Jan. 14, 2015). |
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10:00 a.m. | (Time Limits: 15-15-5) |
2015-000493 Thomas Chad Hilton, Claimant, Petitioner,
v.
Flakeboard America Limited, Employer, and Liberty Mutual Insurance Company, Carrier, Defendants, Respondents. Andrew Nathan Safran, of Columbia, for Petitioner. Lawson Brenn Watson and Ian Charles Gohean, both of Willson Jones Carter & Baxley, P.A., of Greenville, for Respondents. Gary Christmas, of Howell and Christmas, of Mt. Pleasant; Stephen Samuels, of Samuels Law Firm, of Columbia; Michelle Powers, of Powers Law, of Greenwood; Ronald J. Jebaily and Suzanne H. Jebaily, both of Jebaily Law Firm, of Florence; Andrea Roche, of Mickle and Bass, of Columbia; John S. Nichols and Blake A. Hewitt, both of Bluestein Nichols Thompson and Delgado, of Columbia; Mary E. Jordan, of Hilton Head Island; David Pearlman, of The Steinberg Law Firm, of Charleston; and Linda McKenzie, of Bowen McKenzie Bowen, of Greenville, for Amicus Curiae, Injured Workers' Advocates. The Court granted a writ of certiorari to review the Court of Appeals' order dismissing this appeal as not immediately appealable. Hilton v. Flakeboard America Limited, S.C.Ct.App. Order dated September 19, 2014. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2014-002123 The State, Appellant,
v.
Whitlee Jones, Respondent. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Alphonso Simon, Jr., all of Columbia and Solicitor Scarlett A. Wilson, of Charleston, for Appellant. Chief Appellate Defender Robert M. Dudek, of Columbia, for Respondent. The State appeals the circuit court's ruling granting Respondent, who was indicted for murder, immunity from prosecution under the "Protection of Persons and Property Act". |
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Thursday, January 14, 2016 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 20-20-5) |
2013-001281 Harleysville Group Insurance, a Pennsylvania Corporation, Appellant/Respondent,
v.
Heritage Communities , Inc., a South Carolina Corporation; Heritage Magnolia North, Inc., a South Carolina Corporation; Buildstar Corporation, a South Carolina Corporation, Magnolia North Horizontal Property Regime, Magnolia North Property Owners Association, Inc., a South Carolina Corporation and National Surety Corp., Defendants,
Of whom Heritage Communities , Inc., a South Carolina Corporation; Heritage Magnolia North, Inc., a South Carolina Corporation; Heritage Riverwalk, a South Carolina Corporation; Buildstar Corporation, a South Carolina Corporation, National Surety Corp., and Tony L. Pope and Lynn Pope, individually and representing as a class all unit owners at Riverwalk at Arrowhead Country Club Horizontal Property Regime are, Respondents,
and Magnolia North Horizontal Property Regime, Magnolia North Property Owners Association, Inc., a South Carolina Corporation and Riverwalk at Arrowhead Country Club Horizontal Property Regime; Riverwalk at Arrowhead Country Club Property Owners Association, Inc. are, Respondents/Appellants. C. Mitchell Brown, William C. Wood, Jr. and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia and Robert C. Calamari, of Nelson Mullins Riley & Scarborough, LLP, of Myrtle Beach, for Appellant/Respondent. John P. Henry and Philip C. Thompson, both of Thompson & Henry, P.A., of Conway, for Respondents/Appellants. In this direct cross-appeal, the Court reviews the Special Referee's findings as to coverage under a Commercial General Liability (CGL) insurance policy in light of this Court's decision in Crossmann Communities of North Carolina v. Harleysville Mutual Insurance Co., 395 S.C. 40, 717 S.E.2d 589 (2011). |
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10:00 a.m. | (Time Limits: 20-20-5) |
2013-001291 Harleysville Group Insurance, a Pennsylvania Corporation, Appellant/Respondent,
v.
Heritage Communities, Inc., a South Carolina Corporation; Heritage Riverwalk, a South Carolina Corporation; Buildstar Corporation, a South Carolina Corporation; Riverwalk at Arrowhead Country Club Horizontal Property Regime; Riverwalk at Arrowhead Country Club Property Owners Association, Inc., a South Carolina Corporation; National Surety Corp., and Tony L. Pope and Lynn Pope, individually and representing as a class all unit owners at Riverwalk at Arrowhead Country Club Horizontal Property Regime, Defendants,
Of whom Heritage Communities, Inc., a South Carolina Corporation; Heritage Riverwalk, a South Carolina Corporation; Buildstar Corporation, a South Carolina Corporation; National Surety Corp., and Tony L. Pope and Lynn Pope, individually and representing as a class all unit owners at Riverwalk at Arrowhead Country Club Horizontal Property Regime are, Respondents,
and Riverwalk at Arrowhead Country Club Horizontal Property Regime; Riverwalk at Arrowhead Country Club Property Owners Association, Inc. are, Respondents/Appellants. C. Mitchell Brown, William C. Wood, Jr., A. Mattison Bogan and Miles E. Coleman, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia and Robert C. Calamari, of Nelson Mullins Riley & Scarborough, LLP, of Myrtle Beach, for Appellant/Respondent. John P. Henry and Philip C. Thompson, both of Thompson & Henry, P.A., of Conway, for Respondents/Appellants. In this direct cross-appeal, the Court reviews the Special Referee's findings as to coverage under a Commercial General Liability (CGL) insurance policy in light of this Court's decision in Crossmann Communities of North Carolina v. Harleysville Mutual Insurance Co., 395 S.C. 40, 717 S.E.2d 589 (2011). |
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10:30 a.m. | (Time Limits: 10-10-5) |
2015-001938 In the Matter of Charles E. Houston, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Ericka McCants Williams, both of Columbia, for the Office of Disciplinary Counsel. John E. Parker, of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Respondent. This is an attorney disciplinary matter. |
Cases to be Submitted Without Oral Argument | |
Fred R. Rutland, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Patrick L. Schmeckpeper, both of Columbia, for Respondent. |
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Luther Garner, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Jessica E. Kinard, both of Columbia, for Respondent. |