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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, February 3, 2004
 09:30 a.m.
3827   Steve Dukes, Appellant v. Thomas E. Redmond and Florence County Board of Canvassers, Respondents.

Samuel W. Howell, IV, of Howell & Linkous, of Charleston, for Appellant. Henry M. Anderson, Jr., of Anderson Law Firm, of Florence, for Respondent Thomas E. Redmond. Charles Blake, of Florence, for Respondent Florence County Board of Canvassers. Russell W. Barrett, of Florence, pro se, for Respondent Florence County Election Commission.

This is a municipal election protest claiming non-residents illegally voted in the mayoral race for the City of Johnsonville.

 10:00 a.m.
3828   The State, Respondent v. Reyes Cabrera-Pena, Petitioner.

Assistant Appellate Defender Robert M. Dudek, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. 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.

This is a Court of Appeals certiorari. The issue is whether the defendant should have been permitted to cross-examine a police officer concerning a portion of his written statement. The State did not introduce the written statement at trial, but did extensively examine the officer regarding numerous oral statements made by the defendant.

 10:30 a.m.
3829   The State, Respondent v. Hastings Arthur Wise, Appellant.

Acting Chief Attorney Joseph L. Savitz, III, of South Carolina Office of Appellate 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 Barbara R. Morgan, of Aiken, for Respondent.

Appellant Arthur Hastings Wise was convicted of four counts of murder, three counts of assault and battery with intent to kill, one count of second-degree burglary, and four counts of possession of a firearm during the commission of a violent crime. He was sentenced to death on the jury's recommendation in 2001. The shootings occurred September 15, 1997, at the R.E. Phelon manufacturing plant in Aiken County, where Appellant formerly was employed. The issues raised by Appellant are (1) whether the trial judge erred in not allowing defense counsel to personally question a potential juror during the jury selection process and (2) whether the trial judge erred in not allowing defense counsel to question a victim about a statement he allegedly made to the media after the shootings.

Wednesday, February 4, 2004
 09:30 a.m.
3830   State of South Carolina, Respondent v. Eric Wayne Cochran, Defendant. In Re: All Out Bonding Company, Surety, Appellant. State of South Carolina, Respondent v. Jarrid R. Luther McInnis, Defendant. In Re: All Out Bonding Company, Surety, Appellant. State of South Carolina, Respondent v. Corey Phillip Spicer, Defendant. In Re: All Out Bonding Company, Surety, Appellant.

James W. Bannister, of Bannister, Wyatt & Kappel, of Greenville, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent.

This case is about who is responsible as surety on a bail bond.

 10:00 a.m.
3831   The State, Petitioner v. Minyard Lee Woody, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Petitioner. Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate Defense, of Columbia, for Respondent.

This case involves a question of whether Respondent's two prior convictions should be considered one offense in an application of the "three strikes" recidivist statute mandating a life sentence without parole.

 10:30 a.m.
3832   Sun Light Prepaid Phonecard Co., Inc., and DTL Companies, Inc., Plaintiffs v. State of South Carolina and South Carolina Law Enforcement Division, Defendants. Phonecards R Us, Inc., R.L. Jordan Oil Company of North Carolina, Inc. and DTL Companies, Inc., Plaintiffs v. State of South Carolina and South Carolina Law Enforcement Division, Defendants, of whom Phonecards R Us, Inc., and R.L. Jordan Oil Company of North Carolina, Inc. are Appellants and State of South Carolina and South Carolina Law Enforcement Division are Respondents.

Matthew A. Henderson and Joshua M. Henderson, both of Henderson, Brandt & Vieth, of Spartanburg, for Appellants. Andrew F. Lindemann and William H. Davidson, II, both of Davidson, Morrison & Lindemann, of Columbia; and Assistant Attorney General Elizabeth R. McMahon, of Columbia, for Respondents. W. Hogan Brown, Carl W. Stent and David M. Barden, all of Columbia, for Amicus Curiae South Carolina Lottery Commission.

This case involves whether certain phone cards that include game pieces and the machines that dispense them are illegal gambling devices.

Thursday, February 5, 2004
 09:30 a.m.
3833   Franklin Lucas, Petitioner v. Rawl Family Limited Partnership, Wayne P. Rawl, Howard N. Rawl and Mary R. Wingard, its general partners, Respondents.

Joseph M. Epting, of the Epting Law Firm, of Irmo; and Katherine Carruth Link, of Columbia, for Petitioner. Robert J. Thomas, of Rogers, Townsend & Thomas, of Columbia, for Respondents.

This case involves the application of the nuisance exception to the common enemy rule.

 10:00 a.m.
3834   South Carolina Electric & Gas Company and SCANA Corporation, Respondents v. Town of Awendaw and Berkeley Electric Cooperative, Inc., Petitioners.

Michael A. Molony, Stephen L. Brown and Lea B. Kerrison, all of Young, Clement, Rivers & Tisdale, of Charleston, for Petitioner Berkeley Electric Cooperative, Inc. William B. Regan and Frances I. Cantwell, both of Regan & Cantwell, of Charleston; and Dwayne Marvin Green, of Charleston, for Petitioner Town of Awendaw. James B. Richardson, Jr., of Richardson & Birdsong, of Columbia; Patricia T. Smith, of Columbia; and Catherine Derrick Taylor, of Columbia, all for Respondents. James M. Brailsford, III, of Edisto Island and Danny C. Crowe, of Columbia, for Amicus Curiae Municipal Association of South Carolina.

In this case, the Supreme Court will review the Court of Appeals' decision that a municipality does not have the authority to unilaterally impose a franchise fee on an electrical utility company, where the municipality has annexed areas served by the company but the muncipality and company have not entered into a franchise agreement establishing a fee.

 10:30 a.m.
3835   In the Matter of Greenville County Magistrate, Don I. Hensley, Respondent.

Attorney General Henry Dargan McMaster, Senior Assistant Attorney General James G. Bogle, Jr., and Deborah S. McKeown, all of Columbia, for the Office of Disciplinary Counsel. S. Jahue Moore, of Moore, Taylor and Thomas, of West Columbia, for Respondent.

This case is a disciplinary action reviewing the Committee on Judicial Conduct's report.

Wednesday, February 18, 2004
 09:30 a.m.
3836   Marcus R. Durlach, III, Appellant v. Sherry T. Durlach and Daniel O. Legare as Sequestrator, Respondents.

Michael A. Molony and Lea B. Kerrison, both of Young, Clement, Rivers & Tisdale, of Charleston, for Appellant. Jack D. Cordray, of Charleston, for Respondent Sherry T. Durlach. Samuel H. Altman, of Derfner, Altman & Wilborn, of Charleston, for Respondent Daniel O. Legare as Sequestrator.

In this domestic case, Husband appeals the family court’s decision to hold him in contempt for violating court orders concerning marital property.

 10:00 a.m.
3837   Summit Contractors, Inc., Petitioner v. General Heating and Air Conditioning, Inc., Respondent.

Charles E. Carpenter, Jr., Francis M. Mack and S. Elizabeth Brosnan, all of Richardson, Plowden, Carpenter & Robinson, of Columbia; William D. Marvin and Steven L. Smith, both of Kessler, Cohen & Roth, of Philadelphia, PA, for Petitioner. John L. Choate and Allan Levin, both of Cozen & O'Connor, of Atlanta, GA, for Respondent.

This case on cert to the Court of Appeals involves a waiver of subrogation clause in a construction contract.

 10:30 a.m.
3838   Mary B. Brown, Petitioner v. George D. Zamias, d/b/a Rock Hill Galleria, Respondent.

Thomas E. Elliott, Jr., of the Elliott Law Firm, of Columbia, for Petitioner. Kenneth Ray Raynor, of Templeton & Raynor, of Charlotte, NC, for Respondent.

This is a Court of Appeals certiorari involving a slip and fall case in the food court area of a shopping mall. The issue on certiorari is whether the defendant was entitled to a directed verdict on the basis that the electrical cord over which the plaintiff fell was open and obvious.

Thursday, February 19, 2004
 09:30 a.m.
3839   Anand B. Patel, Appellant-Respondent v. Nalini Raja Patel, Respondent-Appellant. (1995-DR-17-938)

John O. McDougall, Peter George Currence and Emma I. Bryson, all of McDougall & Self, of Sumter, for Appellant-Respondent. Harvey L. Golden and J. Michael Taylor, both of Golden, Taylor, Potterfield & Barron, of Columbia, for Respondent-Appellant. Richard Giles Whiting, of Columbia, Guardian Ad Litem.

This domestic relations dispute involves, among other things, child custody, alimony, attorney's fees, and judicial recusal issues.

 10:00 a.m.
3844   Anand B. Patel, Appellant, v. Nalini Raja Patel, Respondent. (1995-DR-17-837)

John O. McDougall, of McDougall & Self, of Columbia; and J. Leeds Barroll, IV, of Columbia, for Appellant. J. Michael Taylor and Harvey L. Golden, both of Golden, Taylor, Potterfield & Barron, of Columbia, for Respondent.

This domestic relations dispute involves whether Appellant is entitled to post-judgment interest on his share of a brokerage account.

 10:30 a.m.
3840   The State, Respondent v. Bobby Lee Holmes, Appellant.

Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, 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 Thomas E. Pope, of York, for Respondent.

The appellant in this death penalty case raises numerous issues alleging errors in both the guilt and the penalty phases of his capital trial.

 

Cases to be Submitted Without Oral Argument

In the Matter of R. Daniel Day, Jr., Respondent.

Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for the Office of Disciplinary Counsel. R. Daniel Day, Jr., of Seneca, pro se.

Sharon Brown, as Personal Representative of the Estate of Ronnie Lee Brown, Petitioner v. Sally Calhoun, Respondent.

Sharon Brown, of Spartanburg, pro se. Sally G. Calhoun, of Beaufort, pro se.

Robert H. Koon, Petitioner v. State of South Carolina, Respondent.

Andrew David Grimes, of Summerville, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief Capital & Collateral Litigation Donald Zelenka and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent.

Spencer L. Gordon, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka and Assistant Attorney General David A. Spencer, all of Columbia, for Petitioner. Assistant Appellate Defender Tara S. Taggart, of South Carolina Office of Appellate Defense, of Columbia; and Tara Dawn Shurling, of Columbia, for Respondent.