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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, 2009
 09:30 a.m.
4695   The State, Respondent, v. Jeremiah Dicapua, Petitioner.

Appellate Defender Robert M. Pachak, of South Carolina Commision on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondent.

In this case, the Court granted a writ of certiorari to review the Court of Appeals’ decision in State v. Dicapua, 373 S.C. 452, 646 S.E.2d 150 (Ct. App. 2007), in which the Court of Appeals reversed the trial court’s issuance of a new trial.

 10:00 a.m.
4696   The Vestry and Church Wardens of the Church of the Holy Cross, a South Carolina Corporation, Respondent, v. Orkin Exterminating Company, Inc., Petitioner.

Kenneth R. Young, of Young, Reiter, Keffer & Donnald, of Sumter, Ernest A. Finney, Jr., of The Finney Law Firm, of Sumter, J. Rutledge Young, III, of Duffy & Young, of Charleston, and LeeAnn Jones, of Powell Goldstein, LLP, of Atlanta, GA, for Petitioner. Thomas S. Tisdale, Jr., and David J. Parrish, both of Nexsen Pruet, LLC, of Charleston, for Respondent.

This appeal arises out of Petitioner’s action for breach of contract for termite control services. The trial court denied Respondent’s motion for a new trial based on juror misconduct, and the Court of Appeals reversed. We granted a writ of certiorari to review the Court of Appeals’ decision.

 10:30 a.m.
4697   The State, Respondent, v. Anthony Woods, Appellant.

Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, and Frederick A. Hoefer, II, of Ballenger, Barth & Hoefer, of Florence, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

Woods was convicted of murder, first degree burglary and first degree criminal sexual conduct and was sentenced to death. He raises several issues in this direct appeal.

 11:00 a.m.
4698   Diana Ardis and William David Ardis, Respondents, v. Edward L. Sessions, D.C., Petitioner.

Charles E. Hill and R. Hawthorne Barrett, both of Turner, Padget, Graham & Laney, of Columbia, for Petitioner. Ellis I. Kahn and Justin S. Kahn, both of Kahn Law Firm, of Charleston, for Respondents.

The Court granted a writ of certiorari to review the Court of Appeals’ decision to reverse a defense verdict in a chiropractic malpractice case based on the jury charge, and to review other evidentiary issues as well.

Wednesday, February 4, 2009
 09:30 a.m.
4699   Financial Federal Credit Inc., Appellant, v. Dennis Brown, Gilbert W. Douglas, South Carolina Department of Revenue, and Unisun Insurance Company, Defendants, of whom Dennis Brown is Respondent.

Thomas E. Lydon, of McAngus Goudelock & Courie, of Columbia, for Appellant. Steven L. Smith, of Smith & Koontz, of North Charleston, for Respondent.

Financial Federal Credit, Inc., a Texas corporation, sought to foreclose a judgment against property Dennis Brown owned in South Carolina after it obtained a default judgment against Brown in federal court in Texas. Brown moved for dismissal of the South Carolina action, alleging there was no personal jurisdiction to obtain the Texas default judgment and thus it was unenforceable. The circuit court granted Brown’s motion to dismiss, and Financial Federal Credit, Inc. appeals.

 10:00 a.m.
4700   Robert A. Rydde and Brandon Konija, Appellants, v. M. Robin Morris, Respondent.

Ronald L. Richter, Jr., of Bland Richter, LLP, of Charleston, Eric Steven Bland, of Bland Richter, LLP, of Columbia, and Thomas A. Pendarvis, of Pendarvis Law Offices, of Beaufort, for Appellants. Susan Taylor Wall and J.W. Nelson Chandler, both of Parker Poe Adams & Bernstein, LLP, of Charleston, for Respondent.

In this legal malpractice case, Appellants appeal the circuit court’s granting of a motion to dismiss due to the lack of an attorney-client relationship.

 10:30 a.m.
4701   The State, Respondent, v. Gary A. White, Petitioner.

Appellate Defender Lanelle C. Durant, 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 Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

 11:00 a.m.
4702   Bage, LLC., Respondent, v. Southeastern Roofing Company, of Spartanburg, Inc., a/k/a Southeastern Roofing Company, n/k/a Orvis, Inc., Petitioner.

Robert T. King, of Willcox, Buyck & Williams, of Florence, for Petitioner. Thomas B. Jackson, III, of Tyler, Cassell, Jackson, Peace & Silver, of Columbia, for Respondent.

An order of default was entered against petitioner, and the Court of Appeals affirmed. Petitioner argues it was not properly served with process and that there is “good cause” to set aside the default.

Thursday, February 5, 2009
 09:30 a.m.
4703   The State, Petitioner, v. Clinton Roberson, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Petitioner. Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

In this case, the Court granted a writ of certiorari to review the Court of Appeals’ decision finding that Respondent did not waive his right to counsel.

 10:00 a.m.
4704   Brian Major, Respondent, v. South Carolina Department of Probation Parole and Pardon Services, Appellant.

Deputy Director of Legal Services Teresa A. Knox, Assistant Chief Legal Counsel J. Benjamin Aplin and Legal Counsel Tommy Evans, Jr., all of South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Appellant. W. Gaston Fairey, of Columbia, for Respondent.

In this case, the South Carolina Department of Probation, Parole and Pardon Services (DPPPS) appeals the Administrative Law Court’s decision that DPPPS erred in its interpretation of section 16-23-490 of the South Carolina Code of Laws regarding the implementation of the sentence imposed by the trial court and Brian Major’s eligibility for parole.

 10:30 a.m.
4705   Sundown Operating Company, Inc., a South Carolina Corporation; Sunrise Coin Company, Inc., a South Carolina Corporation; and High Noon Properties, Inc., a South Carolina Corporation, Respondents, v. Intedge Industries, Inc., a New Jersey Corporation; Quickie Food Stores of North Myrtle Beach, Inc., d/b/a Hardwick's Bar & Restaurant Supplies, a South Carolina Corporation; BFPE International, Inc., f/k/a Atlantic Fire Systems, Inc., a Maryland Corporation; Wormald Fire Systems, Inc., f/k/a Ansul Fire Systems, Inc., a Delaware Corporation; and Ansul Incorporated, a Delaware Corporation, Defendants, of whom BFPE International, Inc., f/k/a Atlantic Fire Systems, Inc., a Maryland Corporation is Petitioner.

Michael S. Hopewell, of Turner, Padget, Graham & Laney, of Florence, and Eugene Matthews, of Richardson, Plowden & Robinson, of Columbia, for Petitioner. Daniel F. Blanchard, III, of Rosen, Rosen and Hagood, of Charleston, Susan C. Rosen, of Rosen Law Firm, of Charleston, and Peter F. Asmer, Jr., of Cozen & O'Connor, of Charlotte, NC, for Respondents.

This cross-appeal arises out of Plaintiffs’ actions for negligence and breach of contract against Defendants for harm arising out of a fire. The Court of Appeals affirmed the circuit court’s entry of default and the master-in-equity’s award of damages. We granted a writ of certiorari to review the Court of Appeals’ decision.

 11:00 a.m.
4706   Sonya L. Watson, Stacy Watson, Curtis L. Watson and Shirley Watson, Individually and as Parents of Sonya L. Watson, Stacy Watson and Thelma Watson, Plaintiffs, v. Ford Motor Company, TRW, Inc., TRW Vehicle Safety Systems, Inc., and D&D Motors, Inc., Defendants. Willie E. Carter, as Personal Representative of the Estate of Patricia Ann S. Carter, Deceased, Plaintiffs, v. Ford Motor Company, TRW, Inc., TRW Vehicle Safety Systems, Inc., and D&D Motors, Inc., Defendants, of whom Sonya L. Watson, Stacy Watson, Curtis L. Watson and Shirley Watson, Individually and as Parents of Sonya L. Watson, Stacy Watson and Thelma Watson, and Willie E. Carter, as Personal Representative of the Estate of Patricia Ann S. Carter, Deceased, are the Respondents, and Ford Motor Company is the Appellant.

C. Mitchell Brown, William C. Wood, Jr., Elizabeth H. Campbell and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, of Columbia, Elbert S. Dorn and Nicholas W. Gladd, both of Turner, Padget, Graham & Laney, of Columbia, for Appellant. James Edward Bell, III, of Bell Legal Group, of Georgetown, James Walter Fayssoux, Jr., of Anderson, Fayssoux & Chasteen, of Greenville, and Kevin R. Dean, of Motley Rice, LLC, of Mt. Pleasant, for Respondents.

A jury awarded Respondents $18 million against Appellants in a products liability case where Respondents alleged defective cruise control design. Appellants argue the trial court committed several errors including admitting certain expert testimony and evidence prior incidents and providing erroneous jury instructions.

Wednesday, February 18, 2009
 09:30 a.m.
4707   Kevin Gissel and Christina Gissel (formerly Christina Eckley), Petitioners, v. Charles Hart and Gene Hart, Respondents. Wade A. McEachern, Petitioner, v. Charles Hart and Gene Hart, Respondents.

Donald H. Howe, of Howe and Wyndham, LLP, of Charleston, and Walter Bilbro, Jr., of Charleston, for Petitioners. Steven L. Smith, of Smith & Koontz, of North Charleston, for Respondents.

Petitioners argue that the Court of Appeals erred in vacating the arbitrator’s award of damages against respondents in their individual capacity.

 10:00 a.m.
4708   Mikal D. Mahdi, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine H. Hudgins, 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, Assistant Attorney General J. Anthony Mabry, all of Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.

The Court is asked to review a capital case where the petitioner received a death sentence after pleading guilty.

 10:30 a.m.
4709   Milton Hiott, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Robert M. Pachak, 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 Salley W. Elliott and Assistant Attorney General David Spencer, all of Columbia, for Respondent.

In this post-conviction relief (PCR) action, the PCR judge imposed a sanction against Milton Daniel Hiott pursuant to Rule 11, SCRCP for presenting frivolous claims. We granted Hiott’s petition for a writ of certiorari to review the opinion in Hiott v. State, 375 S.C. 354, 652 S.E.2d 436 (Ct. App. 2007), in which the Court of Appeals affirmed the PCR judge’s ruling and held as a matter of first impression that Rule 11, SCRCP is applicable in PCR proceedings.

 11:00 a.m.
4710   In the Matter of Thomas E. Ruffin, Jr., Respondent.

Attorney General Henry Dargan McMaster and Senior Assistant Attorney General James G. Bogle, Jr., both of Columbia, for Office of Disciplinary Counsel. George Hunter McMaster of Tompkins & McMaster, of Columbia, and Irby E. Walker, Jr., of Conway, for Respondent.

This is an attorney disciplinary matter.

Thursday, February 19, 2009
 09:30 a.m.
4711   Timothy Mark Hopper, Employee/Claimant, v. Terry Hunt Construction, Employer, Uninsured, South Carolina Uninsured Employers Fund, Kajima USA, Inc., Statutory Employer, and Zurich American Insurance Company, Carrier, Defendants, of whom Kajima USA, Inc., Statutory Employer, and Zurich American Insurance Company, Carrier, are Petitioners, and South Carolina Employers' Fund is Respondent.

Steven Michael Rudisill and Bradley Horace Smith, both of Rudisill, White and Kaplan, of Charlotte, NC, for Petitioners. Amy V. Cofield, of Cofield Law Firm, of Lexington, and Latonya Dilligard Edwards, of South Carolina Second Injury Fund, of Columbia, for Respondent.

In this case, the Court granted a writ of certiorari to review the court of appeals decision holding Petitioners could not transfer liability to the SC Uninsured Employers’ Fund.

 10:00 a.m.
4712   Home Medical Systems, Inc., Respondent, v. South Carolina Department of Revenue, Appellant.

Milton G. Kimpson, Managing Counsel for Litigation, Ray N. Stevens, Director, Harry T. Cooper, Jr, Chief of Staff, and Nicholas P. Sipe, General Counsel for Litigation, all of South Carolina Department of Revenue, of Columbia, for Appellant. Erik P. Doerring, Celeste T. Jones and Robert L. Widener, all of McNair Law Firm, of Columbia, for Respondent.

The Department of Revenue appeals the administrative law court’s grant of summary judgment to Home Medical Systems.

 10:30 a.m.
4713   Ernest McPhail, Appellant, v. South Carolina Budget and Control Board and Employee Insurance Program, Respondent.

Preston F. McDaniel, of McDaniel Law Firm, of Columbia, and Gerald Malloy, of Malloy Law Firm, of Hartsville, for Appellant. James T. Hedgepath, of Nexsen Pruet, LLC, of Greenville, and Michael T. Brittingham, of Nexsen Pruet, LLC, of Columbia, for Respondents.

In this appeal, the appellant contends he was unconstitutionally denied long-term disability benefits.

 11:00 a.m.
4714   The State, Petitioner, v. Arthur Franklin Smith, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, Assistant Attorney General Michelle J. Parsons all of Columbia, and Solicitor I. McDuffie Stone, III, of Hampton, for Petitioner. Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

In this case, the Court granted a writ of certiorari to review the Court of Appeals’ decision in State v. Smith, 372 S.C. 404, 642 S.E.2d 627 (Ct. App. 2007), in which the Court of Appeals affirmed the trial judge’s issuance of a new trial.

 

Cases to be Submitted Without Oral Argument

Frank McKenzie, Respondent, v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Brian T. Petrano, all of Columbia, for Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Dale Robert Bullis, Petitioner, v. State of South Carolina, Respondent.

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, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, all of Columbia, for Respondent.

Byron Spivey, Petitioner, v. State of South Carolina, Respondent.

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, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Molly R. Crum, all of Columbia, for Respondent.

Alfonso Staton, Petitioner, v. State of South Carolina, Respondent.

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, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, all of Columbia, for Respondent.

James Oxendine, Petitioner, v. State of South Carolina, Respondent.

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, Assistant Deputy Attorney General Salley E. Elliott and Assistant Attorney General Brian T. Petrano, all of Columbia, for Respondent.