![]() |
March 2003 |
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, March 4, 2003 | |
09:30 a.m. | |
3642 June P. Andrade, Respondent v. Jimmy Johnson, Sea Island Air, Inc., and South Carolina Electric & Gas Co., Inc., Defendants, of whom South Carolina Electric & Gas Co., Inc. is Petitioner. Charles E. Carpenter, Jr., S. Elizabeth Brosnan, both of Richardson, Plowden, Carpenter & Robinson, of Columbia; A. Parker Barnes, Jr., and David S. Black, both of A. Parker Barnes, Jr. & Associates, of Beaufort, for Petitioner. J. Brent Kiker, Anne S. Douds and Scott M. Merrifield, all of Kiker & Douds, of Beaufort, for Respondent. This case involves the issue of whether the Court of Appeals erred by reversing the trial court’s decision granting SCE&G’s directed verdict motion on respondent's negligence claims.
|
|
10:00 a.m. | |
3643 The State, Respondent v. Christopher Dale Tench, Appellant. Deputy Chief Attorney Joseph L. Savitz, III, and Assistant Appellate Defender Eleanor Duffy Cleary, both 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 Druanne Dykes White, of Anderson, for Respondent. This is a direct appeal in a death penalty case. The sole issue for review is whether the trial court should have granted the defendant's motion to suppress the evidence seized during a search of his vehicle.
|
|
10:30 a.m. | |
3644 The State, Respondent v. Claude and Phil Humphries, Petitioners. C. Rauch Wise, of Greenwood, for Petitioners. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor C. Kelly Jackson, of Sumter, for Respondent. This is a criminal matter on writ of certiorari to the Court of Appeals. The issues involve whether the State should have been required to disclose the identity of a confidential informant and the admission of certain "bad act" evidence
|
|
11:00 a.m. | |
3645 Joshua Davis, Petitioner v. Orangeburg-Calhoun Law Enforcement Commission, Respondent. J. Lewis Cromer, of Cromer & Mabry, of Columbia; and Benjamin Allen Dunn, II, of Dunn, Dunn & Peeples, of Columbia, for Petitioner. Kathryn Thomas and Derwood L. Aydlette, III, both of Gignilliat, Savitz & Bettis, of Columbia, for Respondent. M. Brian Magargle and Melissa A. Inzerillo, both of Haynsworth, Baldwin, Johnson & Greaves, of Columbia, for Amicus Curiae South Carolina Chamber of Commerce. This case involves the review of the Court of Appeals' opinion about whether or not Joshua Davis' employment status was altered from at-will employment.
|
|
Wednesday, March 5, 2003 | |
09:30 a.m. | |
3611 Laurie M. Joye, Respondent v. Theron R. Yon, Petitioner. (Continued from January 23, 2003) Thomas E. Elliott, Jr., of Columbia, for Petitioner. William Y. Rast, Jr., of West Columbia, for Respondent. Theron Yon ("Husband") appeals the Court of Appeals determination that his obligation to make periodic alimony payments does not end after his ex-wife remarries and her marriage is subsequently annulled.
|
|
10:00 a.m. | |
3647 Edisto Island Historical Preservation Society, Inc., Respondent v. John Gregory, Margaret Gregory, Mary Davis, and William Scott, if they be alive, and Richard Roe and Mary Roe, adults whose true names are unknown, and John Doe and Jane Doe, infants, incompetents, or persons under disability or in the military service, if any, whose true names are unknown, these four names being fictitious names designating the unknown heirs, devisees, distributees, issue, executors, administrators, personal respresentative, successors and or assigns of Joseph Gregory, deceased, and also all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint herein, Defendants, of whom John Gregory and Mary Davis are Petitioners. Edward M. Brown, of Charleston, for Petitioner John Gregory. Hugh K. Davis, of St. Helena Island, for Petitioner Mary Davis. Adam E. Barr and Capers G. Barr, III, both of Barr, Unger & McIntosh, of Charleston, for Respondent. This case involves the sufficiency of a notice to terminate a contract.
|
|
10:30 a.m. | |
3648 Angela J. Thomas, Petitioner v. Kevin M. Thomas, Respondent. James T. McLaren and C. Dixon Lee, III, both of McLaren & Lee, of Columbia; and Timothy S. Mirshak, of Law Offices of Timothy S. Mirshak, of Augusta, GA, for Petitioner. Robert L. Widener, of McNair Law Firm, of Columbia, for Respondent This is a divorce case involving the issue of equitable division of a $9 million lottery prize.
|
|
11:00 a.m. | |
3649 Ex Parte: Charles W. Whetstone, Jr., Appellant. In Re: Thomas Ivey, Applicant/Respondent v. William D. Catoe, Director, South Carolina Department of Corrections, Respondent. Deputy Attorney General Treva G. Ashworth and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for Appellant. H. Wayne Floyd, of West Columbia; and Melissa Jane Reed Kimbrough, of Columbia, for Applicant/Respondent. Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, for Respondent. This case concerns whether a judge who presided over the criminal trial may be subpoened to testify at a subsequent PCR hearing about his knowledge of the trial defense attorney's potential conflict of interest.
|
|
Thursday, March 6, 2003 | |
09:30 a.m. | |
3650 The State, Respondent v. Laterrance Ramone Dunlap, Petitioner. Stephen D. Schusterman, of Rock Hill, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Thomas E. Pope, of York, for Respondent. The Court granted certiorari to consider whether the Court of Appeals was correct in affirming the trial judge's decision to allow the defendant to be impeached by prior drug convictions.
|
|
10:00 a.m. | |
3651 Charles Olmstead, Respondent v. Shakespeare, Petitioner.
Joanna Olmstead, Respondent v. Shakespeare, Petitioner. Gray T. Culbreath, of Collins & Lacy, of Columbia, for Petitioner. Daniel E. Henderson, of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Ridgeland, for Respondents. In this case, the Court must determine whether Charles Olmstead, a truck driver, qualifies as a statutory employee of Shakespeare.
|
|
10:30 a.m. | |
3652 Cynthia Bensch and Gary Bensch, d/b/a Bensch-Mark Custom Builders, Respondents v. Jim Davidson, Linda Davidson and Randy West, Defendants, of whom Jim Davidson and Linda Davidson are Appellants. William E. Bird, of Bird Law Firm, of Columbia; and Otto W. Ferrene, Jr., of Ferrene & Associates, of Hilton Head, for Appellants. Curtis Lee Coltrane, of Coltrane, Alford and Wilkins, of Hilton Head Island, for Respondents. This breach of contract case involves the issues of whether the trial court erred by charging the wrong measure of damages for prevention of contractual performance; by failing to require the jury to re-deliberate to correct a facially improper verdict; by invading the jury’s province as a consequence of a bilateral breach of contract; and whether the trial court abused its discretion by excluding expert testimony.
|
|
11:00 a.m. | |
3653 John McPherson Scott, Appellant/Respondent v. Deirdre Erwin Scott, Respondent/Appellant and Gregory T. Martin, Defendant. C. Dixon Lee, of McLaren & Lee, of Columbia; and James Fletcher Thompson, of Spartanburg; for Appellant-Respondent. Robert M. Rosenfeld, of Porter & Rosenfeld, of Greenville; and David A. Wilson, of Horton, Drawdy, Ward & Black, of Greenville, for Respondent-Appellant. Andrew G. Goodson, of Younts, Alford, Brown & Goodson, of Fountain Inn, Guardian Ad Litem. This is a cross-appeal where both Father and Mother argue inter alia the family court erred in awarding joint custody of their daughter, and each seek sole custody.
|
|
Tuesday, March 18, 2003 | |
09:30 a.m. | |
3654 Randy Gaskins and Linda Gaskins, Respondents v. Southern Farm Bureau Casualty Insurance Company, South Carolina Farm Bureau Insurance Company and Timothy Brant, Petitioners. Robert J. Thomas, of Rogers, Townsend & Thomas, of Columbia, for Petitioners. Constance A. Anastopoulo, of Anastopoulo Law Firm, of Charleston, for Respondents. Thomas A. Pendarvis, of Lewis, Babcock & Hawkins, of Columbia; and J. David Flowers, of Greenville, for Amicus Curiae South Carolina Trial Lawyers Association. This case involves whether a third party may sue an insurance company for fradulently obtaining a release by notifying a party of incorrect policy limits.
|
|
10:00 a.m. | |
3655 The State, Petitioner v. Jon Pierre Lacoste, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia, and Solicitor Thomas E. Pope, of York, for Petitioner. Assistant Appellate Defender Robert M. Pachak, of South Carolina Office of Appellate Defense, of Columbia, for Respondent. This case involves the review of a Court of Appeals' opinion as to whether or not hearsay statements were admissible and whether or not simple assault is a lesser included offense of criminal domestic violence.
|
|
10:30 a.m. | |
3656 Collins Music Co., Inc., Respondent/Appellant v. FMW Corporation, Bob Finney, F.M. Witt, James R. Munn and Farmers and Merchants Bank, Defendants, of whom James R. Munn is the Appellant/Respondent. M.M. Weinberg, Jr., and M.M. Weinberg, III, both of Weinberg, Brown & Curtis, of Sumter, for Appellant-Respondent. David Wesley Whittington, of Charleston; Philip Lacy, of Columbia; and Desa Ballard, of West Columbia,for Respondent-Appellant. Collins Music Company sued defendants for breach of contract on a note and mortgage, and defendants appeal the trial judge's grant of a JNOV in favor of Collins on their fraud counterclaim because defendants failed to show they suffered actual compensable damages.
|
|
11:00 a.m. | |
3657 Sam B. McQueen, Respondent v. South Carolina Coastal Council, n/k/a South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, Petitioner. Leslie West Stidham, of Charleston; John D. Echeverria, of Washington, D.C.; Hope Babcock and Michael D. Beach, both of Washington, D.C., for Petitioner. Ronald R. Norton, of Conway; Daniel J. Popeo and Paul D. Kamenar, of Washington, D.C., and R. Shawn Gunnarson, of White & Case, of Washington, D.C., for Respondent. James S. Chandler, Jr., of Pawleys Island, for Amici Curiae South Carolina Coastal Conservation League, Sierra Club, National Wildlife Federation, South Carolina Wildlife Federation and League of Women Voters of Georgetown County. Nancy Bloodgood, of Young, Clement, Rivers & Tisdale, of Charleston; and Timothy J. Dowling, of Washington, D.C., for Amici Curiae Municipal Association of South Carolina and International Municipal Lawyers Association. Kenneth E. Ormand, Jr., of Columbia; and Christopher G. Senior, of Washington, D.C., for Amici Curiae Home Builders Association of South Carolina, Home Builders Association of Hilton Head Island, Home Builders Association of Greater Columbia, Home Builders Association of the Low Country, Charleston Trident Home Builders Association, Home Builders Association of Horry-Georgetown and the National Association of Home Builders. James Thomas Young, of Singleton, Burroughs & Young, of Conway; and J. David Breemer, of Pacific Legal Foundation, of Sacramento, CA, for Amicus Curiae Pacific Legal Foundation. In this case, the Court considers on remand from the U.S. Supreme Court whether the denial of a permit to backfill and build bulkheads is a regulatory taking requiring compensation.
|
|
Wednesday, March 19, 2003 | |
09:30 a.m. | |
3658 The State, Respondent v. Dennis Zulfer, Petitioner. Assistant Appellate Defender Aileen P. Clare, 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 Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Warren Blair Giese, of Columbia, for Respondent. This case involves the issue of whether the State can use foreign convictions to support a charge for burglary in the first degree.
|
|
10:00 a.m. | |
3659 Larry Ingram, Appellant/Respondent v. City of Columbia, Respondent/ Appellant. Kenneth M. Suggs, Shannon L. Felder, both of Suggs & Kelly, of Columbia; and David V. Benson, of Elrod, Jones, Leader & Benson, of Rock Hill, for Appellant-Respondent. Danny C. Crowe, of Turner, Padget, Graham & Laney, of Columbia; and Kenneth E. Gaines, of Columbia, for Respondent-Appellant. This is a civil case brought under the South Carolina Tort Claims Act. Issues involve the applicability of the statutory cap and whether the trial judge erred by failing to grant a new trial.
|
|
10:30 a.m. | |
3660 James R. Hinkle and Emily Hinkle, Respondents v. National Casualty Insurance Company, Appellant. Thomas C. Salane, of Turner, Padget, Graham & Laney, of Columbia, for Appellant. William P. Hatfield and Reginald C. Brown, Jr., both of Hyman Law Firm, of Florence, for Respondents. This is an appeal from a jury verdict against the flood insurance carrier for negligent nonrenewal of a policy. The issues include whether there is a private cause of action under S.C. Code Ann. § 38-75-90, whether the trial judge should have directed a verdict, or whether he should have granted a new trial.
|
|
11:00 a.m. | |
3661 South Carolina Department of Social Services, Respondent v. Robin Headden, Robert Gandy and Tabitha Gandy, 06-20-88, Defendants, Third Party Intervenors, John Doe and Mary Doe, of whom Robin Headden is Appellant. Laree Anne Hensley, of North Charleston, for Appellant. Thomas P. Stoney, II, of South Carolina Department of Social Services, of Moncks Corner, for Respondent. Wolfgang L. Kelly, of Summerville, for Guardian Ad Litem Donna Carter. In this case, the Court will review the family court's termination of Appellant's parental rights.
|
Cases to be Submitted Without Oral Argument | |
John J. Munn, Jr., Petitioner v. State of South Carolina, Respondent. |
|
Assistant Appellate Defender Robert M. Pachak, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General Kenneth P. Woodington, all of Columbia, for Respondent. |
|
Stanley Wise, Respondent v. State of South Carolina, Petitioner. |
|
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr. and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Petitioner. Assistant Appellate Defender Tara S. Taggart, of South Carolina Office of Appellate Defense, of Columbia, for Respondent. |
|
Samuel Burt, Petitioner v. State of South Carolina, Respondent. |
|
Katherine Carruth Link, of Columbia; and 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 B. Allen Bullard, Jr., and Assistant Attorney General William Bryan Dukes, all of Columbia, for Respondent. |
|
Alphonso Duckson, Petitioner v. State of South Carolina, Respondent. |
|
Deputy Chief Attorney Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr. and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Respondent. |
|
Geoffrey R. Payne, Petitioner v. State of South Carolina, Respondent. |
|
Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka and Assistant Deputy Attorney General B. Allen Bullard, Jr., all of Columbia, for Respondent. |