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February 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.
Tuesday, February 1, 2011 | |
09:30 a.m. | |
5051 John and Charlene Turner, Petitioners, v. Douglas A. Milliman, Consumer Benefits of America, NIA Corporation, Mid America Life Insurance Co., World Service Life Insurance Co., Provident American Life and Health Insurance Co., Provident Indemnity Life Insurance Co., and Central Reserve Life Insurance Co., Respondents. John W. Carrigg, Jr, of Irmo, for Petitioners. Jonathan Matthew Harvey, of Columbia, Lawrence B. Orr, of Orr & Ervin, LLC, of Florence, Stephanie G. Flynn and Phillip E. Reeves, of Gallivan, White & Boyd, PA, of Greenville, for Respondents. The issues in this case involve whether the court of appeals correctly affirmed a motion for summary judgment in claims for fraud and negligent misrepresentation.
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10:00 a.m. | |
5052 The State, Petitioner, v. Amaurys C. Fonseca, Respondent. Attorney General Alan Wilson, 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 Edgar Lewis Clements, III, of Florence, for Petitioner. Appellate Defender Tristan M. Shaffer, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The Court granted the State’s petition to review the decision of the Court of Appeals in State v. Fonseca, 383 S.C. 640, 681 S.E.2d 1 (Ct. App. 2009).
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10:30 a.m. | |
5053 In the Matter of William Gary White, III, Respondent. Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, of Columbia, for the Office of Disciplinary Counsel. William Gary White, III, of Columbia, Pro se Respondent. This is an attorney disciplinary matter.
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Wednesday, February 2, 2011 | |
09:30 a.m. | |
5054 Essie Simmons, Appellant v. Rubin Simmons, Respondent. Paul E. Tinkler and Joshua P. Stokes, of Charleston, for Appellant. Eduardo Kelvin Curry, of North Charleston, for Respondent. In this case, the Court considers an appeal from a ruling by the family court.
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10:00 a.m. | |
5055 Laura Cabiness, John Langley, Robin Bellah, Mary Mason and The City of Charleston, a Municipal Corporation, Appellants, v. Town of James Island, Mary Clark as Mayor, and the James Island Alliance for Self Government, Respondents. Frances I. Cantwell, of Regan & Cantwell, of Charleston, Adelaide S. Andrews and Susan J. Herdina, of Charleston, Charlton DeSaussure, Jr., of Haynsworth Sinkler Boyd, P.A., of Charleston and Timothy A. Domin, of Clawson & Staubes, LLC, of Charleston, for Appellants. Bonum S. Wilson, IV, of Wilson & Heyward, of James Island and Trent M. Kernodle and David A. Root, of Kernodle, Root & Coleman, of James Island, for Respondents. Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., of Office of the Attorney General, of Columbia, for Amicus Curiae, Office of the Attorney General. In this appeal, Appellants challenge the constitutionality of the statutes pertaining to municipal incorporation and allege Respondents have failed to comply with those portions of the statutes that are valid.
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10:30 a.m. | |
5056 Estate of Patricia S. Tenney, Respondent, v. The South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management and the State of South Carolina, Appellants. Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., of Office of the Attorney General, and Carlisle Roberts, Jr., all of Columbia, and Davis Arjuna Whitfield-Cargile, of Charleston, for Appellants. Mary D. Shahid and R. Cody Lenhardt, Jr., both of McNair Law Firm, of Charleston, for Respondent. This case is an appeal from an action to quiet title where the Master-in-Equity determined that Respondent, the record owner of a fifteen acre island located in Beaufort County, held fee simple title, superior to the State of South Carolina, Appellant, who claims ownership to the island pursuant to the presumption that the State owns all islands situated within the marshlands. This Court will decide whether this island is an island subject to the presumption of state ownership pursuant to Coburg Inc. v. Lesser, 309 S.C. 252, 422 S.E.2d 96 (1992).
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Thursday, February 3, 2011 | |
09:30 a.m. | |
5057 The State, Respondent, v. Alfonzo J. Howard, Appellant. Appellate Defender LaNelle Cantey DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Deborah R.J. Shupe, of Office of the Attorney General, of Columbia, and Solicitor I. McDuffie Stone, III, of Beaufort, for Respondent. This criminal appeal raises several abuse of discretion issues.
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10:00 a.m. | |
5058 James T. Judy, Petitioner, v. Ronnie Judy, Respondent. Capers G. Barr, III, of Barr Unger & McIntosh LLC, of Charleston, for Petitioner. R. Bentz Kirby, of Orangeburg, for Respondent. This Court granted a petition for a writ of certiorari to review the decision in Judy v. Judy, 383 S.C. 1, 677 S.E.2d 213 (Ct. App. 2009), in which the Court of Appeals found res judicata barred Petitioner’s tort suit for waste of real property.
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10:30 a.m. | |
5059 Ex parte: Johns Doe C, D, H, J, K, L, M, and B; and Janes Doe G, I, and M, and the mother of John Doe J., Appellants. In re: John Doe #53, John Doe #66, John Doe #66A, John Doe #67, Jane Doe #1 and Jane Doe #2 and Rachel Roe, individually and as representatives of classes of people similarly situated, Respondents, v. The Bishop of Charleston, a Corporation Sole, and the Bishop of the Diocese of Charleston, in his official capacity, Respondents. Gregg Meyers, of Charleston, for Appellants. A. Peter Shahid, Jr. and David K. Haller, both of Charleston, and Lawrence E. Richter, Jr., of Mt. Pleasant, for Respondents. In this direct appeal, Appellants argue the circuit court erred in denying several motions related to the enforcement of a settlement agreement.
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Tuesday, February 15, 2011 | |
09:30 a.m. | |
5060 The State, Respondent, v. Ferris Geiger Singley, 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 Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Salley W. Elliott and Assistant Attorney General Deborah R. J. Shupe, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. In this case, the Court will consider whether a defendant is entitled to a directed verdict of acquittal on a charge of burglary when has an ownership interest in the premises burglarized but was ousted by his co-tenant prior to the alleged incident.
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10:00 a.m. | |
5061 Kristi Glenn McLeod f/k/a/ Kristi G. Starnes, Appellant, v. Robert Anthony Starnes, Respondent. Jean Perrin Derrick, of Lexington, for Appellant. J. Mark Taylor, of Moore, Taylor & Thomas, P.A., of West Columbia, and Katherine Carruth Goode, of Winnsboro, for Respondent. The custodial parent appeals the family court’s dismissal of her claim for college expenses for an emancipated adult child. The family court found that requiring a non-custodial parent to pay college expenses for an emancipated adult child violates the Equal Protection Clause. Further, the custodial parent argues the family court erred (1) in awarding the non-custodial parent a credit for alleged overpayment of child support, (2) in setting the current support for the remaining minor child, and (3) in failing to award the custodial parent attorney’s fees.
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10:30 a.m. | |
5062 J. Doe, by and through his Guardian ad Litem, F. Doe, Appellant, v. Wal-Mart Stores, Inc. and Dorchester County Department of Social Services, Defendants, of whom Wal-Mart Stores, Inc. is the Respondent. Russell S. Stemke, of Isle of Palms, for Appellant. Regina Hollins Lewis of Gaffney Lewis & Edwards, of Columbia, for Respondent. This appeal addresses whether the circuit court properly granted summary judgment in favor of respondent Wal-Mart, finding Wal-Mart could not be civilly liable for failing to report suspected child abuse.
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Wednesday, February 16, 2011 | |
09:30 a.m. | |
5063 The State, Petitioner, v. Ricky L. Hatcher, Respondent. 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 William B. Rogers, Jr., of Bennettsville, for Petitioner. Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. This Court granted the State’s petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Hatcher, 384 S.C. 372, 681 S.E.2d 925 (Ct. App. 2009). The State argues the Court of Appeals erred in reversing the defendant’s conviction and sentence for distribution of crack cocaine and distribution of crack cocaine within one-half mile of a public park on the ground the State failed to establish a sufficient chain of custody for the drug evidence.
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10:00 a.m. | |
5064 Maria A. Hollins, as Parent and Guardian ad Litem for Jane Doe, a minor under the age of fourteen years, Petitioner, v. Wal-Mart Stores, Inc., Respondent. David E. Massey, Summer C. Tompkins and Debra Sherman Tedeschi, all of Columbia, for Petitioner. Stephen G. Morrison, C. Mitchell Brown and Susan M. Glenn, of Nelson Mullins Riley & Scarborough, of Columbia, for Respondent. The Court granted certiorari to consider whether the court of appeals erred in affirming the trial court’s decision not to strike a juror for cause.
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10:30 a.m. | |
5065 Evening Post Publishing Company, d/b/a The Post and Courier, Appellant v. Berkeley County School District, Respondent. John J. Kerr and Charles J. Baker, of Buist, Moore, Smythe & McGee, of Charleston, for Appellant. Kenneth L. Childs, Kathryn Long Mahoney and John M. Reagle, of Childs & Halligan, P.A., of Columbia, for Respondent. Jay Bender, of Baker, Ravenel & Bender, L.L.P., of Columbia, for Amicus Curiae. This case discusses the scope of the attorney-client privilege as an exemption to disclosure for requests of information under the South Carolina Freedom of Information Act.
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Cases to be Submitted Without Oral Argument | |
Framon D. Frasier, Respondent, v. State of South Carolina, Petitioner. |
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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 LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Bruce Allen Roddey, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender M. Celia Robinson, 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 Ashley McMahan, of Office of the Attorney General, of Columbia, for Respondent. |