![]() |
February 2014 |
NEXT
![]() |
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 4, 2014 | |
Supreme Court Courtroom
|
|
09:30 a.m. | (Time Limits: 10-10-5) |
2012-210606 In the Matter of the Care and Treatment of Gilbert Gonzalez, Petitioner. Appellate Defender LaNelle Cantey DuRant, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, all of Columbia, for Respondent. In this action brought pursuant to the SVP Act, Gilbert Gonzalez contends the circuit court erred in permitting the State to assert during closing argument that the jury could draw a negative inference from his failure to present testimony from his independent expert. |
|
10:00 a.m. | (Time Limits: 10-10-5) |
2012-212498 Michael T. McCoy and Arcada J. McCoy, Plaintiffs,
v.
Greenwave Enterprises, Inc., d/b/a Greenwave Amoco I; Al C. Browder, Jr., a/k/a Al C. Browder, Kelly J. Browder, Douglas M. Miles and South Carolina Department of Health and Environmental Control, Defendants,
Of whom Greenwave Enterprises, Inc., d/b/a Greenwave Amoco I, Al C. Browder, Jr., a/k/a Al C. Browder and Kelly J. Browder are, Appellants,
and Douglas M. Miles, is Respondent. Lee W. Zimmerman and Amber B. Carter, both of McNair Law Firm, of Columbia, and R. Cody Lenhardt, Jr., of Charleston, for Appellants. Andrew T. Shepherd, Thomas H. Hart, III and Katherine H. Hyland, all of Hart Hyland Shepherd, LLC, of Summerville, for Respondent. In this direct appeal, the Court reviews the circuit court's determination that the principle of equitable indemnification did not entitle Appellants to an award of attorney's fees from the Respondent. |
|
10:30 a.m. | (Time Limits: 15-15-5) |
2011-190886 Clifford C. Hansen, Respondent/Appellant,
v.
Fields Company, LLC; Beechwood Advisory Group, Inc.; Beechwood Development Group of South Carolina, LLC; and Beechwood Development Group, Inc., Defendants,
Of Whom Beechwood Development Group of South Carolina, LLC is the Appellant/Respondent. Val H. Stieglitz, III, Manton M. Grier, Jr. and Tanya Amber Gee, all of Nexsen Pruet, LLC, of Columbia, for Appellant/Respondent. William E. Hopkins, Jr., of Pawleys Island, for Respondent/Appellant. This cross-appeal presents three issues. First, did the trial court err in denying a defendant limited liability company's directed verdict on the grounds it was liable for the preformation acts of its promoters? Second, did the trial court err in granting a directed verdict on the plaintiff's claim for punitive damages? Finally, did the trial court err in granting the defendant's motion for a set-off against the jury verdict for a settlement payment made by a codefendant? |
|
Wednesday, February 5, 2014 | |
Supreme Court Courtroom
|
|
09:00 a.m. | (Time Limits: 15-15-5) |
2011-199726 The State, Respondent,
v.
Anthony Nation, Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, and Ernest Charles Grose, Jr. and Shane Edwin Goranson, both of Greenwood, for Appellant. General Counsel Matthew C. Buchanan, of South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Respondent. This case deals with various constitutional challenges to S.C. Code Ann. ยง 23-3-540, regarding mandatory lifetime GPS monitoring for sex offenders convicted of certain crimes. |
|
09:30 a.m. | (Time Limits: 15-15-5) |
2011-199807 The State, Respondent,
v.
Bruce Hill, Appellant. Jonathan Micah Hiller, of Hiller & Hiller, PA, of Greenville, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General J. Anthony Mabry, all of Columbia, and Solicitor Jimmy A. Richardson, II, of Conway, for Respondent. This criminal case involves three issues: whether the circuit court erred in refusing to admit evidence of a co-defendant's conviction; whether the court erred in admitting a letter regarding a CODIS match between the defendant's DNA and DNA found at the scene; and whether the court's grant of a six-month continuance violated the Interstate Agreement on Detainers Act. |
|
10:00 a.m. | (Time Limits: 10-10-5) |
2012-212669 Joe Perry and Osteen Publishing Co., Inc., Appellants,
v.
Harvin Bullock, in his capacity as Sumter County Coroner, Respondent. Jerry Jay Bender, of Baker Ravenel & Bender, LLP, of Columbia, for Appellants. Andrew F. Lindemann, of Davidson & Lindemann, PA, of Columbia, for Respondent. In this direct appeal, the appellant argues the circuit court erred in holding a written autopsy report is a "medical record" and therefore outside the definition of "public record" under the South Carolina Freedom of Information Act. |
|
Thursday, February 6, 2014 | |
Supreme Court Courtroom
|
|
09:30 a.m. | (Time Limits: 10-10-5) |
2012-208848 Ex Parte: Tara Dawn Shurling, Attorney, Appellant,
In Re:
State of South Carolina, Respondent,
v.
Anthony Hackshaw, Defendant. Tara Dawn Shurling, of Columbia, for Appellant. General Counsel James Hugh Ryan, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. In this direct appeal, the Court reviews whether Appellant is entitled to attorney's fees and expenses in excess of the approved amounts of $15,000 and $1,500, respectively, as a result of her court-appointed representation of a criminal defendant. |
|
10:00 a.m. | (Time Limits: 10-10-5) |
2012-212722 State Accident Fund, Appellant,
v.
South Carolina Second Injury Fund, Respondent,
In Re: Johnny M. Adger, Employee,
v.
City of Manning, Employer,
and
State Accident Fund, Carrier. F. Earl Ellis, Jr., of Adams and Reese LLP, of Columbia, for Appellant. Latonya Dilligard Edwards, of Dilligard Edwards, LLC, of Columbia, for Respondent. In this workers' compensation case, the Court reviews whether the South Carolina Workers' Compensation Commission erred (1) in finding that the carrier had the burden of proof to rebut the presumption established in section 42-9-400(d)(2) and (2) in failing to award the carrier reimbursement from the South Carolina Second Injury Fund. |
|
Wednesday, February 19, 2014 | |
Supreme Court Courtroom
|
|
09:30 a.m. | (Time Limits: 15-15-5) |
2011-199428 Amy Davidson, Petitioner,
v.
City of Beaufort, Branch Banking & Trust of South Carolina, Collins Engineering, Inc., Brantley Construction Company, Inc., and Tidal Wave 23, LLC, Defendants, of whom Collins Engineering Inc., Brantley Construction Company, Inc., and Tidal Wave 23, LLC, are Respondents.
and
Phillip Davidson, Petitioner,
v.
City of Beaufort, Branch Banking & Trust of South Carolina, Collins Engineering Inc., Brantley Construction Company, Inc., and Tidal Wave 23, LLC, Defendants, of whom Collins Engineering Inc., Brantley Construction Company, Inc., and Tidal Wave 23, LLC, are Respondents. H. Fred Kuhn, Jr. and James H. Moss, both of Moss, Kuhn & Fleming, PA, of Beaufort, for Petitioner. Laura Johnson Evans and H. Michael Bowers, both of Smith Moore Leatherwood, of Charleston, M. Dawes Cooke, Jr. and Phillip S. Ferderigos, both of Barnwell, Whaley, Patterson & Helms, of Charleston, R. Patrick Flynn and Robert J. Cardillo, both of Robertson Hollingsworth & Flynn, of Charleston, for Respondents. The Court granted certiorari to consider a decision by the Court of Appeals that affirmed the circuit court's grant of summary judgment to three defendants. |
|
10:00 a.m. | (Time Limits: 10-10-5) |
2013-000944 In the Interest of Idora Brown, A Vulnerable Adult, Appellant, v. South Carolina Department of Social Services, Respondent. Manton M. Grier, Jr., of Nexsen Pruet, LLC, of Columbia, for Appellant. Claude Robin Chandler, of Columbia, for Respondent. Marilyn Elaine Ligon Gartley, of Anderson & Associates, PA, of Columbia, for Guardian Ad Litem. In this direct appeal, Idora Brown appeals the family court's order declaring Brown to be a "vulnerable adult" and in need of protective services under the Omnibus Adult Protection Act. |
|
10:30 a.m. | (Time Limits: 20-20-10) |
2007-060700 John Edward Weik, Petitioner,
v.
State of South Carolina, Respondent. Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh and Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent. In this appeal, Petitioner John Edward Weik appeals the denial of his application for post-conviction relief. |
|
Thursday, February 20, 2014 | |
Supreme Court Courtroom
|
|
09:30 a.m. | (Time Limits: 10-10-5) |
2012-211267 Joseph Walker, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Katherine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan Wilson, Assistant Deputy Attorney General Suzanne H. White and Assistant Attorney General Mary Shannon Williams all of Columbia, for Respondent. This is a post-conviction relief matter concerning allegations of ineffective assistance of counsel. |
|
10:00 a.m. | (Time Limits: 15-15-5) |
2012-210729 Floyd E. Jernigan, Respondent,
v.
Suzanne Boone Katz and Bank of America, Defendants,
of whom Suzanne Boone Katz is Respondent,
and Bank of America is Appellant. Bryson Moore Geer and Merritt Gordon Abney, both of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Appellant. Aaron Eric Edwards, of The Richter Firm, LLC, Geoffrey H. Waggoner, of the Waggoner Law Firm and Brooks Roberts Fudenberg, of Law Office of Brooks R. Fudenberg, all of Mt. Pleasant, for Respondents. Appellant contends that there was insufficient evidence to support the circuit court's finding of tort liability, and that the circuit court further erred in awarding excessive damages. |
|
10:30 a.m. | (Time Limits: 10-10-5) |
2013-002098 In the Matter of C. Scott Masel, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Julie Kay Martino, both of Columbia, for Office of Disciplinary Counsel. Henrietta U. Golding, of McNair Law Firm, PA, of Myrtle Beach, for Respondent. This is a disciplinary matter involving alleged improper conduct between the Attorney and his client. |
Cases to be Submitted Without Oral Argument | |
Ricky Dale Gilstrap, Petitioner, v. State of South Carolina, Respondent. |
|
Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Deputy Attorney General Karen Christine Ratigan, both of Columbia, for Respondent. |