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March 2008 |
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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, March 4, 2008 | |
09:30 a.m. | |
4523 The South Carolina Public Interest Foundation, and Edward D. Sloan, Jr., individually, and on behalf of all others similarly situated, Petitioners, v. Robert W. Harrell, Jr., in his official capacity as Speaker of the S. C. House of Representatives, Andre Bauer in his official capacity as President of the S. C. Senate, and The State of South Carolina, Respondents. James G. Carpenter, Jennifer J. Miller and Lewis W. Clayton, all of Carpenter Law Firm, of Greenville, for Petitioners. Bradley S. Wright and Charles F. Reid, both of Columbia, for Respondent Robert W. Harrell, Jr., in his official capacity as Speaker of the S. C. House of Representatives. Michael R. Hitchcock and Kenneth M. Moffitt, both of Columbia, for Respondent Andre Bauer, in his official capacity as President of the S. C. Senate. Attorney General Henry D. McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Office of the Attorney General, of Columbia, for Respondent The State of South Carolina. Burnet R. Maybank, III, of Nexsen Pruet, LLC, of Columbia, for Amici Curiae South Carolina Manufacturer's Alliance and Michelin N. A., Inc. Weston Adams, III, Jeffrey N. Thordahl and Ashley B. Stratton, all of McAngus Goudelock & Courie, LLC, of Columbia, for Amicus Curiae South Carolina Economic Developers' Association. This is an original jurisdiction matter in which Petitioners challenge numerous Acts passed in 2007 by the General Assembly on grounds that several of the acts do not express their subject in the title, and that they relate to more than “one subject.” Several other Acts are challenged on grounds that they are special laws which apply to only one county.
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10:00 a.m. | |
4524 Danielle Smith, Appellant, v. Joe Breedlove; Dryvit Systems, Inc. and H. Merrill Pasco, Defendants, of whom Joe Breedlove is Respondent. Joe Breedlove, Defendant and Cross-Complainant, v. Dryvit Systems, Inc. and H. Merrill Pasco, Cross Defendants. Joe Breedlove, Defendant and Third-Party Plaintiff, v. Solak Construction, Inc., JP Construction of South Carolina, Inc., Arcadio Torres, and Stanley C. Fronczak, Third-Party Defendants. Arcadio Torres, Fourth-Party Plaintiff, v. Contractors Specialty Supply, Inc., d/b/a COTA Southeast and Pella Window & Door, LLC, Fourth-Party Defendants. Glynn L. Capell, of Mullen, Wylie & Seekings, of Hilton Head Island, for Appellant. Joseph Ransom Barker, of McNair Law Firm, of Hilton Head Island, for Respondent. Appellant argues the circuit court erred in granting summary judgment to defendant Breedlove, claiming the circuit court erred by finding Breedlove was not a general contractor.
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10:30 a.m. | |
4529 In the Matter of Larry M. Hutchins, Respondent. Disciplinary Counsel Lesley M. Coggiola, Assistant Disciplinary Counsel Deborah S. McKeown and Assistant Deputy Attorney General Robert E. Bogan, all of Columbia, for Office of Disciplinary Counsel. C. Rauch Wise, of Greenwood, for Respondent. This is a judicial discipline case.
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Wednesday, March 5, 2008 | |
09:30 a.m. | |
4525 Larry L. Stanley, Respondent, v. Atlantic Title Insurance Company, Appellant. Louis H. Lang, of Callison Tighe & Robinson, of Columbia, for Appellant. Tobias Gavin Ward, Jr., and James Derrick Jackson, both of Todd Holloway & Ward, of Columbia, for Respondent. This is a direct appeal from a master’s award in a claim brought on a title insurance policy. Appellant Atlantic Title Insurance Company argues that the master used an incorrect valuation method to determine the amount to award Respondent Larry L. Stanley under his title insurance policy; that the master’s decision is not supported by any evidence in the record; and that Stanley’s title insurance claim was barred by the statute of limitations.
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10:00 a.m. | |
4526 George H. Seago, III, and Real Estate Information Service, Inc., Appellants, v. Horry County, Respondent. Jay Bender and Holly Palmer Beeson, both of Baker, Ravenel & Bender, of Columbia, for Appellants. Emma Ruth Brittain and Matthew R. Magee, both of Thompson & Henry, of Myrtle Beach, for Respondent. This case concerns whether further dissemination of public information obtained pursuant to the Freedom of Information Act may be restricted where the public entity claims the information is copyright-protected pursuant to federal law.
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10:30 a.m. | |
4527 The State, Appellant, v. Berry Scott Bolin, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, all of Office of the Attorney General, of Columbia, and Solicitor Kevin Scott Brackett, of York, for Appellant. Leland B. Greeley, of Rock Hill, for Respondent. This case involves the issue of whether the lower court erred by quashing the indictment for possession of a handgun while under the age of 21 on the ground the criminal statute making such possession illegal is unconstitutional.
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Thursday, March 6, 2008 | |
09:30 a.m. | |
4531 Tracy Lee Whitworth, Respondent, v. Window World, Inc., and Insurance Corporation of New York, Petitioners. Edwin P. Martin, Jr., of Hedrick, Eatman, Gardner & Kinchloe, of Columbia, for Petitioners. Stephen B. Samuels, of McWhirter Bellinger & Associates, of Columbia, for Respondent. In this workers compensation case, the Workers Compensation Commission denied the employee benefits for an injury arising out a car accident. The Court of Appeals reversed. Whitworth v. Window World, Op. No. 2005-UP-471 (S.C. Ct. App. filed July 26, 2005). This Court granted certiorari to review that decision.
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10:00 a.m. | |
4530 USAA Property and Casualty Insurance Company, Appellant/ Respondent, v. Deborah J. Clegg, as Personal Representative of the Estate of Allison T. Clegg; Elliot M. Lambrecht; and Douglas A. Lambrecht, Defendants, of whom Douglas A. Lambrecht is Respondent/Appellant. William O. Sweeny, III, and William R. Calhoun, Jr., both of Sweeny Wingate & Barrow, of Columbia, for Appellant/ Respondent. John E. North, Jr., and Pamela K. Black, both of North & Black, of Beaufort, for Respondent/Appellant. In this declaratory judgment action, both parties appeal the circuit court’s order granting summary judgment in favor of Respondent/Appellant and finding that Appellant/Respondent owed a duty to defend Respondent/Appellant against the underlying wrongful death and survival action.
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Tuesday, March 18, 2008 | |
09:30 a.m. | |
4532 The State, Petitioner/Respondent, v. John Gleason Hubner, Respondent/Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General David A. Spencer, all of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Petitioner/Respondent. Carol Annette McCurry, of McCurry Law Firm, of West Columbia, for Respondent/Petitioner. Matthew R. Howsare, of Nelson, Mullins, Riley & Scarborough, of Columbia, J. Todd Kincannon, of Barnes, Alford, Stork & Johnson, of Columbia; and Jason B. Buffkin, of Crime Victim Legal Network, of Columbia, all for Amicus Curiae South Carolina Crime Victim Legal Network. E. Charles Grose, Jr., of Greenwood, for Amicus Curiae South Carolina Association of Criminal Defense Lawyers. This criminal case involves the issue of whether the Court of Appeals erred by reversing the trial court’s admission of evidence of prior bad acts under the common plan or scheme exception and whether the Court of Appeals erred by failing to find that the trial court committed reversible error by admitting a prior conviction of unlawful sexual contact with a minor into evidence.
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10:00 a.m. | |
4537 The State, Petitioner, v. Karl Wallace, 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 Office of the Attorney General, of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Petitioner. C. Rauch Wise, of Greenwood, and Everett P. Godfrey, Jr., of Godfrey Law Firm, of Greenville, for Respondent. This case is before the Court on certiorari to the Court of Appeals to consider whether bad act evidence involving sexual abuse should have been excluded.
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10:30 a.m. | |
4533 The State, Respondent, v. William H. Gaines, Jr., Appellant. Robert T. Williams, Sr., and Benjamin A. Stitely, both of Lexington, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Deborah R.J. Shupe, all of Office of the Attorney General, of Columbia, for Respondent. The defendant in this case was convicted of criminal solicitation of a minor in violation of S.C. Code Ann. 16-15-342. He challenges his conviction on grounds that the admission of certain chat room conversations violate his right to due process, that he was entitled to an entrapment instruction, and that he was entitled to a directed verdict.
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Wednesday, March 19, 2008 | |
09:30 a.m. | |
4536 The State, Appellant, v. John M. Sterling, Jr., a/k/a "Jack Sterling", Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Jennifer D. Evans, Assistant Attorney General Deborah R.J. Shupe, all of Office of the Attorney General, of Columbia, for Appellant. Matthew Robert Hubbell and E. Bart Daniel, both of Charleston, for Respondent. In this case, the State appeals the trial court’s order granting the defendant’s motion to exclude the testimony of four witnesses based on an attorney’s previous representation of the defendant and the witnesses.
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10:00 a.m. | |
4534 Sherrie Lazicki-Thomas, Appellant, v. South Carolina Budget and Control Board, South Carolina Retirement Systems, Respondent. Robert E. Hoskins, of Foster Law Firm, of Greenville, and Robertson H. Wendt, Jr., of North Charleston, for Appellant. Kelly H. Rainsford and David K. Avant, of South Carolina Retirement Systems, of Columbia, for Respondent. The issue in this appeal is whether the Administrative Law Court correctly interpreted the Police Officers Retirement System disability retirement statute.
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10:30 a.m. | |
4535 In the Matter of Ronald Hazzard, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Joseph P. Turner, Jr., both for Office of Disciplinary Counsel. M. Gregory McCollum, of Myrtle Beach, for Respondent. This is an attorney disciplinary matter.
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Cases to be Submitted Without Oral Argument | |
Brendalee Ables, Petitioner, v. Michael Gladden, Respondent. |
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Holly Palmer Beeson, of Baker, Ravenel & Bender, of Columbia, for Petitioner. Newton I. Howle, Jr., of Howle Law Firm, of Darlington, for Respondent. |
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Michael Bernard Lesane, Petitioner, v. State of South Carolina, Respondent. |
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Assistant 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. Elliiott and Assistant Attorney General Daniel L. Grigg, all of Office of the Attorney General, of Columbia, for Respondent. |
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Trentius Tucker, Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Brian Petrano, all of Office of the Attorney General, of Columbia, for Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Regina Denise McKnight, Petitioner, v. State of South Carolina, Respondent. |
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C. Rauch Wise, of Greenwood, Julie M. Carpenter and Matthew Hersh, both of Jenner & Block, of Washington, D.C., for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Melody J. Brown, all of Office of the Attorney General, of Columbia, for Respondent. Susan King Dunn, of Charleston, Tiloma Jayasinghe and Lynn M. Paltrow, both of National Advocates for Pregnant Women, of New York, NY, Theshia Naidoo and Daniel N. Abrahamson, both of The Drug Policy Alliance, of Berkeley, CA, for Amici Curiae, South Carolina Medical Association, South Carolina Nurses Association, South Carolina Association of Alcoholism and Drug Abuse Counselors, South Carolina Coalition for Healthy Families, Carolina Health Centers, Inc., National Association of Social Workers, Inc., South Carolina Chapter, LRADAC, The Behavioral Health Center of the Midlands, et al. |
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Clarence Small, Petitioner, v. State of South Carolina, Respondent. |
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Assistant 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 Lance S. Boozer, all of Office of the Attorney General, of Columbia, for Respondent. |