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Supreme Court Seal
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, March 1, 2005
 09:30 a.m.
4016   Lyle Neely and Gloria Russell Ballard, as Personal Representative of the Estate of Rita Russell, Petitioners v. Nancy Thomasson, individually, and as Personal Representative of the Estate of John Thomas Neely, and Josephine Morgan Wells, of whom Nancy Thomasson, individually and as Personal Representative of the Estate of John Thomas Neely, is Respondent.

Carolyn W. Rogers, of Rock Hill, for Petitioners. Lucy London McDow, of Rock Hill, for Respondent.

Certiorari was granted to determine whether the probate court had subject matter jurisdiction to determine paternity for the purpose of identifying heirs, and whether a divorce decree constituted a final adjudication of the paternity issue.

 10:00 a.m.
4017   City of North Charleston, R. Keith Summey, Steve Ayer, Gussie Green, Sam Hart, Don Hays, Robert King, Phoebe Miller, A.C. Mitchum, and Dorothy Williams (individually and as the Mayor and City Council of the City of North Charleston)Petitioners v. The County of Charleston, Peggy A. Moseley, in her official capacity as Charleston County Auditor, and D. Michael Huggins, in his official capacity as Charleston County Assessor, Respondents. The Town of Kiawah Island, Intervenor.

J. Brady Hair and Derk Van Raalte, both of N. Charleston, for Petitioners. M. Dawes Cooke, Jr., Wendy J. Keefer and P. Gunnar Nistad, all of Barnwell Whaley Patterson & Helms, LLC, of Charleston; Joseph Dawson and Bernard Ferrara, both of North Charleston; and Samuel W. Howell, IV, of Howell and Linkous, of Charleston, for Respondents. Attorney General Henry Dargan McMaster, of Columbia, for Office of Attorney General. Gedney M. Howe, III, Alvin Hammer and Dennis James Rhoad, all of Charleston, for Intervenor, The Town of Kiawah Island. M. Elizabeth Crum and Francenia B. Heizer, both of McNair Law Firm, PA, of Columbia, for Amicus Curiae SC Chamber of Commerce, et al and for Amicus Curiae Amici Entities. Scott Thomas Price, of Columbia, for Amicus Curiae SC School Boards Association. Danny C. Crowe, of Columbia, for Amicus Curiae Municipal Association of South Carolina.

This original jurisdiction case involves a constitutional challenge to an ordinance capping property valuation at 15% appreciation for property tax purposes pursuant to section 12-37-223A.

 10:30 a.m.
4018   Grace G. Pittman, Appellant, v. Keith Stevens, M.D., Respondent and Franklin L. Pittman, Appellant v. Keith Stevens, M.D., Respondent.

James C. Cothran, Jr. and Michael L. Rudasill, both of Spartanburg, for Appellant. Edwin Brown Parkinson, Jr., of Greenville and Andrew F. Lindemann, of Davidson Morrison & Lindemann, of Columbia, for Respondent.

This is a medical malpractice case. The jury returned a verdict for the doctor. The issue is whether the trial court erred in failing to charge the jury two requested instructions: 1) that conformity to custom is not in and of itself the exercise of due care as a matter of law and 2) when a great degree of danger is present, the doctor has a duty to respond in proportion to the risk.

Wednesday, March 2, 2005
 09:00 a.m.
4019   Thomas Durrette Wooten, Jr., Plaintiff, v. Mona Rae Wooten, Defendant and Third Party Plaintiff v. Pam Perry, Third Party Defendant, of whom Thomas Durrette Wooten, Jr., is Petitioner/Respondent and Mona Rae Wooten, is Respondent/Petitioner.

James T. McLaren and C. Dixon Lee, III, both of McLaren & Lee, of Columbia and Lon H. Shull,III of Andrews & Shull, of Mt. Pleasant, for Petitioner-Respondent. Robert Rosen and Donald Bruce Clark, both of the Rosen Law Firm, of Charleston, for Respondent-Petitioner.

The Supreme Court granted both parties' certiorari petitions to consider whether the Court of Appeals erred in reversing the award of the marital home to Respondent/Petitioner in equitable distribution of the marital estate; whether the Court of Appeals erred in reversing the designation of a credit card debt incurred after marital litigation began as a marital debt subject to apportionment; and whether the Court of Appeals erred in affirming an order which required Petitioner/Respondent to pay the attorney's fees of Respondent/Petitioner.

 09:30 a.m.
4024   Thomas Durrette Wooten, Jr., Respondent v. Mona Rae Howell Wooten, Petitioner.

Donald Bruce Clark and Robert Rosen, both of the Rosen Law Firm, of Charleston, for Petitioner. Lon H. Shull, III, of Andrews & Shull, of Mt. Pleasant; and James T. McLaren and C. Dixon Lee, III, both of McLaren & Lee, of Columbia, for Respondent.

The Supreme Court granted a certiorari petition to consider whether the Court of Appeals erred in affirming an order which did not require Respondent to secure an alimony award with the purchase of a life insurance policy naming Petitioner as beneficiary.

 10:00 a.m.
4020   Evening Post Publishing Co., d/b/a The Post and Courier, and Ms. Parthinea Snowden, as Personal Representative of the Estate of Edward Snowden, Deceased, Plaintiffs, Of whom Evening Post Publishing Co., d/b/a The Post and Courier, is Petitioner v. City of North Charleston, Respondent.

John J. Kerr, of Buist, Moore, Smythe & McGee, of Charleston, for Petitioner. J. Brady Hair, Derk Van Raalte and Richard Lingenfelter, all of North Charleston, for Respondent.

The Court granted a writ of certiorari to review Evening Post Publishing Company v. City of North Charleston, 357 S.C. 59, 591 S.E.2d 39 (Ct. App. 2003), a Freedom of Information Act (FOIA) case. The Court of Appeals affirmed the circuit court's order denying the petitioner's FOIA request for access to a 911 tape in the possession of the respondent.

Thursday, March 3, 2005
 09:30 a.m.
4021   The State, Respondent v. Angle Vazquez, Appellant.

Acting Chief Attorney Joseph L. Savitz, III, of 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 and Assistant Attorney General Jeffrey A. Jacobs, all of Columbia and Solicitor John Gregory Hembree, of Conway, for Respondent.

This is a death penalty case. The issues before the Court are whether (1) the trial court erred in refusing to grant a mistrial for the solicitor's argument to the jury, (2) whether the trial court erred in not charging the mitigating circumstances related to intoxication, (3) whether the trial had subject matter jurisdiction because the indictment did not set forth the aggravating circumstances, and (4) did the trial judge err in sentencing Appellant for kidnapping?

 10:00 a.m.
4022   James M. Wetzel and Shirley G. Wetzel, Appellants v. Woodside Development Limited Partnership, WSC Corp., Woodside Venture, LLC and Richard B. Steele, Defendants, of whom Richard B. Steele is Respondent.

James M. Wetzel and Shirley G. Wetzel, of Aiken, pro se Appellants. James J. Corbett, of Holler, Dennis, Corbett, Ormond, & Garner, of Columbia, for Respondent.

This case involves issues regarding a default judgment and the sufficiency of service of process upon an opposing party.

 10:30 a.m.
4023   The State, Respondent v. Harold Gregory, Appellant.

William Joseph Sussman, of Augusta, Georgia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

This is a criminal case in which the defendant was convicted of two counts of committing a lewd act on a child (his adopted daughter). He appeals, raising several evidentiary issues and claiming erroneous jury instructions. He also contends he should have been granted a continuance and his counsel relieved due to counsel's conflict of interest

Tuesday, March 15, 2005
 09:30 a.m.
4025   Chris Robertson, Plaintiff v. Bumper Man Franchising Company, Inc. and Bumper Man, Inc., Defendants.

Clinch Heyward Belser, Jr. and Michael J. Polk, both of Belser & Belser PA, of Columbia, for Plaintiff. Natalma M. McKnew and Thomas Warren Epting, both of Leatherwood, Walker, Todd & Mann, of Greenville, for Defendants.

The Court accepted two certified questions asking about the applicability of the South Carolina Business Opportunity Sales Act to a contract entered into in Texas.

 10:00 a.m.
4026   Jessie Peterson and Vanessa Peterson, Appellants v. National Railroad Passenger Corporation, CSX Transportation Inc., and Southco Sweeping and Maintenance, Co., Defendants, of whom National Railroad Passenger Corporation and CSX Transportation, Inc., are Respondents.

Stephen L. Brown, of Young Clement Rivers & Tisdale, of Charleston, and James R. Holland, of Wettermark, Holland and Keith, of Jacksonville, Florida, for Appellants. Charles Craig Young, of Willcox, Buyck & Williams, of Florence, and John C. Millberg, of Millberg, Gordon & Stewart, of Raleigh, for Respondents. William McBee Smith, of Smith & Haskell, P.A., of Spartanburg, for Amicus Curiae Association of American Railroads. Michael J. Warshauer, of Atlanta, Georgia, for Amicus Curiae The Association of Rail Labor Attorneys.

This case involves a question of whether the trial court properly granted summary judgment in favor of the Respondents holding that Appellant's experts' testimony was inadmissible as evidence that a reasonable juror could have found for Appellants under the federal standard.

 10:30 a.m.
4027   The Island Packet, Petitioner v. Marvin F. Kittrell, in his official capacity as Chief Judge, Administrative Law Court, Respondent.

Carl F. Muller, of Wyche Burgess Freeman & Parham, PA, of Greenville, Jay Bender, of Baker, Ravenel & Bender, L.L.P., and John Carroll Moylan, III, all of Columbia, for Petitioner. A. Camden Lewis, Keith M. Babcock and Ariail E. King, all of Lewis, Babcock & Hawkins, of Columbia, for Respondent. Clifford O. Koon, Jr., of Moses, Koon and Brackett, of Columbia for Amicus Curiae South Carolina Department of Labor, Licensing and Regulation. William L. Pope, of Pope & Rodgers, of Columbia, for Amici Curiae The Reporters Committee for Freedom of the Press, American Society of Newspaper Editors, Radio-Television News Directors Association and Society of Professional Journalists. Robert L. Widener and Celeste T. Jones, both of McNair Law Firm, of Columbia, for Amicus Curiae Anonymous Physician. James M. Holly, of Hull, Towell, Norman, Barrett and Salley, of Aiken, for Amici Curiae The Associated Press, The State-Record Co., Inc., The Evening Post Publishing Co., Inc., and The South Carolina Press Association.

This case involves the issues of whether the Administrative Law Court is required to issue an order setting forth specific findings regarding closure of physician disciplinary proceedings and what the Administrative Law Court's scope of authority is to review interlocutory appeals involving physician disciplinary matters.

Wednesday, March 16, 2005
 09:30 a.m.
4028   The State, Respondent, v. Brennan Shay Jackson, Appellant.

Jack B. Swerling, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Robert Douglas Robbins, of Summerville, for Respondent.

Appellant was convicted of grand larceny greater than $5000 and sentenced to ten years. The issues on appeal are 1) whether the trial court erred in admitting a photograph of the appellant at a Halloween party where he was dressed as a prisoner and 2) whether the trial court erred in refusing to allow the appellant to introduce polygraph results in rebuttal after an insurance adjuster had testified that he asked appellant whether he would be willing to take a polygraph.

 10:00 a.m.
4029   John Gadson and Julia Gadson as personal representatives of the Estate of James Gadson, et al., Appellants v. J. Gregory Hembree as successor in interest to Ralph Wilson, Solicitor for the Fifteenth Judicial Circuit, ex officio on behalf of the Georgetown County Sheriff's Office and the Georgetown Police Department, Respondents.

Michael Stephen Church, of Turner, Padget, Graham & Laney, and Larry Cornell Smith, both of Columbia, for Appellants. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General T. Stephen Lynch and Assistant Deputy Attorney General J. Emory Smith, Jr., of Columbia, and Lisa Marie Hatley, of Conway, for Respondents.

Appellants argue, among other things, that they are innocent owners of seized property and that they are entitled to the return of their seized property and damages for any destruction of their property caused by the seizing agency.

 

Cases to be Submitted Without Oral Argument

Andrew W. Bright, Jr., 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, Assisant Deputy Attorney General Salley W. Elliott and Assisant Attorney General David Spencer, all of Columbia, for Petitioner. Acting Chief Attorney Joseph L. Savitz, III, of Office of Appellate Defense, of Columbia, for Respondent.

Jimmy Gary Gilchrist, Sr., Petitioner v. State of South Carolina, Respondent.

Jimmy Gary Gilchrist, Sr., pro se Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Elizabeth McMahon, all of Columbia, for Respondent.