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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 3, 2009
 09:30 a.m.
4720   The State, Respondent, v. Daniel Edwards, Jr., Petitioner.

Tara Shurling, of Columbia, for Petitioner. 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 Columbia, and Solicitor Douglas A. Barfield, Jr., of Lancaster, for Respondent.

In this case, the Court granted a writ of certiorari to review the Court of Appeals decision in State v. Edwards, 373 S.C. 230, 644 S.E.2d 66 (Ct. App. 2007), in which the Court of Appeals affirmed the admission of evidence of alleged threats against the victim.

 10:00 a.m.
4721   Bobby G. Stafford, Petitioner, v. Margaret Stafford, Respondent.

John E. Cheatham, of Lexington, for Petitioner. Carlton Bruce Bagby, of Columbia, for Respondent.

In this case, the Court granted a writ of certiorari to review the Court of Appeals’ dismissal of the appeal as untimely filed.

 10:30 a.m.
4722   In the Matter of George I. Theisen. Lisbeth Theisen, Appellant, v. Joan Theisen, Richard Doris, Claude Theisen, Clifford Theisen, Eva Marie Theisen Fox and Susan Theisen Washburn, Defendants, Of whom Joan Theisen, Richard Doris, Claude Theisen, Eva Marie Theisen Fox and Susan Theisen Washburn are Respondents, and Clifford Theisen is Appellant.

Robert C. Wilson, Jr., of Greenville, for Appellant Lisbeth Theisen. Kymric Y. Mahnke and John D. Shipman, both of Nelson Mullins Riley & Scarborough, of Greenville, for Appellant Clifford Theisen. John A. Hagins, Jr.,and Stephen R. H. Lewis, both of Covington Patrick Hagins Stern & Lewis PA, of Greenville, for Respondents Claude Theisen, E.Marie T.Fox and Susan T. Washburn. Frank S. Holleman, III, and Lesley R. Moore, both of Wyche Burgess Freeman & Parham, PA, of Greenville, for Respondents Joan Theisen and Richard Doris.

This case involves a will contest between family members. Appellants argue, inter alia, that the circuit court erred by applying the statute of limitations.

 11:00 a.m.
4723   In the Matter of Charles E. Houston, Jr., Respondent.

Disciplinary Counsel Lesley M. Coggiola and Senior Assistant Disciplinary Counsel C. Tex Davis, Jr., both of Columbia, for the Office of Disciplinary Counsel. Gordon H. Garrett, of Garrett Law Offices, of Charleston, for Respondent.

This is an attorney disciplinary matter.

Wednesday, March 4, 2009
 09:30 a.m.
4724   City of Hartsville, Respondent, v. SC Municipal Insurance & Risk Financing Fund, Appellant.

J. R. Murphy and Jeffrey C. Kull, both of Murphy & Grantland, of Columbia, for Appellant. Martin S. Driggers, of Driggers & Moyd, of Hartsville, for Respondent.

In this declaratory judgment action, SC Municipal Insurance & Risk Financing Fund appeals the circuit court’s order finding it had a duty to defend the City of Hartsville and requiring it to pay defense costs to the City of Hartsville.

 10:00 a.m.
4725   Lexington Law Firm, Respondent, v. South Carolina Department of Consumer Affairs, Appellant.

Carolyn Grube Lybarker and Danny Raymond Collins, both of South Carolina Department of Consumer Affairs, of Columbia, for Appellant. Desa Ballard, of West Columbia, for Respondent.

Appellant S.C. Department of Consumer Affairs appeals the grant of summary judgment exempting Lexington Law Firm, a law firm in Utah, from the Consumer Credit Counseling Act.

 10:30 a.m.
4726   The State, Respondent, v. Raphael Hernandez, Honorio Guerrero and Alfredo Avila-Arjona, Petitioners.

Chief Appellate Defender Joseph L. Savitz, III, 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, Assistant Attorney General Christina J. Catoe, all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

The Court granted a writ of certiorari to review the Court of Appeals’ decision in State v. Hernandez, Op. No. 2007-UP-183 (S.C. Ct. App. filed April 18, 2007). Petitioners were convicted of trafficking marijuana and the issue on appeal is whether the Court of Appeals erred in affirming the trial court’s denial of a directed verdict motion on the charges against Petitioners.

 11:00 a.m.
4727   The State, Respondent, v. Theresa Claypoole, Petitioner.

Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, 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, all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

Petitioner argues the Court of Appeals erred in affirming her conviction for accessory before the fact of criminal sexual conduct with a minor because there was insufficient circumstantial evidence that she counseled, aided, advised, or urged her husband to commit CSC against her daughter.

Thursday, March 5, 2009
 09:30 a.m.
4728   The State, Appellant, v. Anthony Clark Odom, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R.J. Shupe and Assistant Attorney General William M. Blitch, Jr., all of Columbia, for Appellant. Jack B. Swerling, of Columbia, Andrew J. Johnston, of Spartanburg, and Katherine Carruth Link, of West Columbia, for Respondent.

In this case, the State appeals the trial court’s ruling suppressing certain evidence, including evidence obtained from internet providers through the use of criminal discovery orders.

 10:00 a.m.
4729   Raymond Bovain, Jr., as Personal Representative of the Estate of Willor Dean Bovain, Appellant, v. Canal Insurance, Roy R. Greene d/b/a Rusty Greene Tree Service, and John R. Frazier, Inc., Defendants, Of Whom Canal Insurance is the Respondent.

Richard A. Harpootlian and Graham L. Newman, both of Columbia, and Carl B. Grant, of Orangeburg, for Appellant. Robert D. Moseley, Jr., of Leatherwood, Walker, Todd & Mann, of Greenville, for Respondent Canal Insurance. Brian Dumas, of Peake Fowler & Associates, of Columbia, for Respondent Roy R. Greene d/b/a Rusty Greene Tree Service.

Raymond Bovain, as the personal representative of his wife’s estate, brought this action after his wife died in a collision with a logging truck that was insured by Canal Insurance. Bovain appeals from an order in favor of Canal Insurance, alleging the circuit court erred (1) in finding the insurance policy at issue cannot be reformed to increase the limits of coverage to $750,000 pursuant to 23A S.C. Code Ann. Regs. 38-414, (2) in ruling the truck driver was not a “motor carrier” within the purview of Regulation 38-414, and (3) in finding that, even if the truck driver qualified as a motor carrier, he fell within the “lumber hauler” exception contained in 23A S.C. Code Ann. Regs. 38-407(4) and thus would be exempt from the regulation regarding minimum coverage.

 10:30 a.m.
4730   All Saints Parish Waccamaw, a South Carolina Non-profit Corporation; D. Clinch Heyward, Warden for All Saints Parish, Waccamaw; W. Russell Campbell, Warden for All Saints Parish, Waccamaw; Martha M. Lachicotte, Ann Usher Mercer, Vandell Arrington and Rives Kelly, Individually and as Representatives of the Inhabitants of the Waccamaw Neck Region of Georgetown County; and Evelyn Labruce, Individually and as a Descendant of George Pawley; Of Whom W. Russell Campbell in his capacity as Senior Warden of All Saints Church, is also a Defendant by way of Counterclaim, Plaintiffs, Of Whom All Saints Parish Waccamaw, a South Carolina Non-profit Corporation; D. Clinch Heyward, Warden for All Saints Parish, Waccamaw; W. Russell Campbell, Warden for All Saints Parish, Waccamaw are Respondents/ Appellants, v. The Protestant Episcopal Church in the Diocese of South Carolina; The Episcopal Church, a/k/a The Protestant Episcopal Church in the United States of America; Mark Sandford, in his official capacity as The Governor of the State of South Carolina; and John and Jane Doe, as descendants to George Pawley and William Poole, Defendants, Of Whom The Protestant Episcopal Church in the Diocese of South Carolina; The Episcopal Church, a/k/a The Protestant Episcopal Church in the United States of America are Appellants/Respondents, and Mark Sandford, in his official capacity as The Governor of the State of South Carolina; and John and Jane Doe, as descendants to George Pawley and William Poole are Respondents. Guerry Green, on behalf of All Saints Parish, Wacamaw, and in his capacity as Senior Warden of the same; Carl Short, on behalf of All Saints Parish, Waccamaw, and in his capacity as Junior Warden of the same; and George Townsend, James Chapman, and Edward Mills, on behalf of All Saints Parish, Waccamaw, and in their capacities as Members of the Vestry of the same; The Protestant Episcopal Church in the Diocese of South Carolina and the Right Reverend Edward L. Salmon, Jr., in his capacity as Bishop of the Protestant Episcopal Church in the Diocese of South Carolina, Appellants/Respondents, v. W. Russell Campbell, in his capacity as Senior Warden of All Saints Church; D. Clinch Heyward, in his capacity as Junior Warden of All Saints Church; Donald Alford, Butler F. Dargan, Diane Deblock, Robert L. Jones, A.H. (Doc) Lachicotte, David Lane, Lou L. Paquette, Hugh Patrick and Daniel W. Stacy, in their capacity as Vestry Members of All Saints Church; David E. Grabeman, in his capacity as Treasurer of All Saints Church; All Saints Church, an unincorporated association; All Saints Church, Waccamaw, Inc., a South Carolina Non-profit Corporation; The Honorable Henry McMaster, in his capacity as Attorney General for the State of South Carolina; The Honorable Mark Hammond, in his capacity as Secretary of State for the State of South Carolina; and John and Jane Doe, as Unknown Descendants of George Pawley, Defendants, Of Whom W. Russell Campbell, in his capacity as Senior Warden of All Saints Church; D. Clinch Heyward, in his capacity as Junior Warden of All Saints Church; Donald Alford, Butler F. Dargan, Diane Deblock, Robert L. Jones, A.H. (Doc) Lachicotte, David Lane, Lou L. Paquette, Hugh Patrick and Daniel W. Stacy, in their capacity as Vestry Members of All Saints Church; David E. Grabeman, in his capacity as Treasurer of All Saints Church; All Saints Church, an unincorporated association; and All Saints Church, Waccamaw, Inc., a South Carolina Non-profit Corporation are Respondents/Appellants. In Re: All Saints Parish, Waccamaw, a South Carolina Non-profit Religious Corporation

Benjamin Allston Moore, Jr., Julius H. Hines and David S. Yandle, all of Buist, Moore, Smythe & McGee, of Charleston, Coming B. Gibbs, Jr., of Gibbs & Holmes, of Charleston, David Booth Beers and Heather H. Anderson, both of Godwin Procter, LLP, of Washington, DC, all for Appellants/Respondents. Henrietta U. Golding and Amanda A. Bailey, of McNair Law Firm, of Myrtle Beach, for Respondents/Appellants. Fred B. Newby, of Newby Sartip Masel & Casper, of Myrtle Beach, for Respondents John and Jane Doe.

This appeal concerns a property dispute between All Saints Parish in Georgetown County and the South Carolina Diocese of the Episcopal Church in the United States of America. Additionally, the appeal involves a dispute between two Vestry’s, both claiming to be the officers of All Saints Parish, Waccamaw, Inc.

 11:00 a.m.
4731   David Neal, Respondent, v. Don H. Brown and South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, Defendants, of whom Don H. Brown is the Petitioner.

Andrew K. Epting, Jr., of Charleston, Clayton B. McCullough and Daniel S. McQueeney, Jr., both of Pratt-Thomas & Walker, of Charleston, for Petitioner. Michael A. Molony and Lea B. Kerrison, both of Young Clement Rivers, of Charleston, for Respondent.

In this case, Petitioner appeals the Court of Appeals’ decision that Respondent’s application for a dock permit was properly granted by the Office of Ocean and Coastal Resource Management, under the Department of Health and Environmental Control.

Tuesday, March 17, 2009
 09:30 a.m.
4732   Larry M. Ferguson, Petitioner, v. State of South Carolina, Respondent.

Chief Appellate Defender Joseph L. Savitz, III, 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 Daniel E. Grigg, all of Columbia, for Respondent.

This case involves the issue of whether the statute of limitations in post-conviction relief actions is tolled by a prisoner’s mental incompetency.

 10:00 a.m.
4735   In the Matter of Joseph L. Smalls, Jr., Respondent.

Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General Robert E. Bogan, both of Columbia, for Office of Disciplinary Counsel. I.S. Leevy Johnson, of Johnson, Toal & Battiste, of Columbia, for Respondent.

This is an attorney disciplinary matter.

 10:30 a.m.
4734   The State, Respondent, v. Vincent Neuman, Sr., Appellant.

Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport and Assistant Attorney General Michelle J. Parsons, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

Vincent Neuman, Sr. appeals from his conviction for “Taking of Hostages by an Inmate,” arguing the statute providing for this offense, S.C. Code Ann. § 24-13-450, is unconstitutionally vague.

 11:00 a.m.
4733   Ronald Earl Skinner, Appellant, v. South Carolina Department of Transportation, Linda Drake, as Personal Representative for the Estate of Kimberly Cook, Richard S. Henson and Debra Henson, individually and d/b/a Mateeba Oaks Stables, Mateeba Oaks Stables, LLC, Peter J. and Dena Sellers, Jo-Jahn and Hiott Barry-Mier, Estate of Clara Harlston, Mella Holcombe, and Calvert C. and Frances S. Alpert, Defendants, Of Whom South Carolina Department of Transportation, Richard S. Henson and Debra Henson, individually and d/b/a Mateeba Oaks Stables, Mateeba Oaks Stables, LLC are the Respondents and Of Whom Linda Drake, as Personal Representative of the Estate of Kimberly Cook is the Appellant. Autumn S., a Minor Under the Age of 14 years, by her Guardian ad Litem Wendy Skinner, Appellant, v. Richard S. Henson and Debra B. Henson, individually and d/b/a Mateeba Oaks Stables; Mateeba Oaks Stables, LLC; Peter J. and Dena Sellers; Jo-Jahn and Hiott Barry-Mier; the Estate of Clara Harleston; Mella Holcomb; and Calvert C. and Frances S. Alpert, Defendants, of whom Richard S. Henson and Debra B. Henson, individually and d/b/a Mateeba Oaks Stables; Mateeba Oaks Stables, LLC are Respondents.

George J. Kefalos, of Charleston, and Jack D. Cordray, of Cordray Law Firm, of Charleston, for Appellant Ronald Earl Skinner. Caroline M. West and Gedney M. Howe, III, both of Charleston, and David Wesley Whittington, of Knight Law Firm, of Summerville, for Appellant Linda Drake, as Personal Representative for the Estate of Kimberly Cook. Gregory Daulton Keith, of Uricchio Howe Krell Jacobson Toporek Theos & Keith, P.A., of Charleston, for Appellant Autumn S. Samuel R. Clawson and Margaret M. Urbanic, both of Clawson & Staubes, of Charleston, for Respondents Richard and Debra Henson. Bonum Sams Wilson, III, of Wilson & Heyward, of Charleston, for Respondents Mateeba Oaks Stables, et al. Jonathan J. Anderson and Lisa A. Reynolds, both of Anderson & Reynolds, of Charleston, for Respondent South Carolina Department of Transportation.

Are landowners liable for defects they caused to the shoulder of a public highway?

Wednesday, March 18, 2009
 09:30 a.m.
4736   Robert J. Dema, Edward M. Finn and Joyce E. Gadson, on behalf of themselves and all others similarly situated, Appellants, v. Tenet Physician Services- Hilton Head, Inc. and AMISUB (Hilton Head), Inc., collectively d/b/a Hilton Head Regional Medical Center, Respondents.

Mark C. Tanenbaum and John P. Algar, both of Mark C. Tanenbaum, P.A., of Charleston, A. Hoyt Rowell, T. Christopher Tuck and Michael J. Brickman, all of Richardson Patrick Westbrook & Brickman, of Mt. Pleasant, and Daniel S. Haltiwanger, of Richardson Patrick Westbrook & Brickman, of Barnwell, all for Appellants. E. Douglas Pratt-Thomas, of Pratt-Thomas & Walker, of Charleston, William H. Jordan and Samuel R. Rutherford, both of Alston & Bird, of Atlanta, GA, all for Respondents.

This case involves the issue of whether the Certificate of Need Act provides a private cause of action.

 10:00 a.m.
4737   James C. Blackburn, Respondent, v. Daufuskie Island Fire District, Appellant.

Caroline Wrenn Cleveland, of Cleveland Law, LLC, of Charleston, for Appellant. James B. Richardson, Jr., of Columbia, for Respondent. Shahin Vafai and Linda Pearce Edwards, both of Gignilliat, Savitz & Bettis, of Columbia, for Amicus Curiae Municipal Association of South Carolina. W. Allen Nickles, III, of Nickles & Solomon, of Columbia, for Amicus Curiae City of Columbia. Adelaide S. Andrews, of Charleston, for Amicus Curiae City of Charleston. Jeffrey Andrew Lehrer, of Ford & Harrison, of Spartanburg, for Amicus Curiae City of Spartanburg.

This direct appeal from a declaratory judgment action involves construction of the military leave statute for public employees, S.C. Code Ann. § 8-7-90.

 10:30 a.m.
4738   Douglas Terrell Weiters, Petitioner, v. State of South Carolina, Respondent.

Assistant Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for Respondent.

Did the post conviction relief (PCR) judge err in dismissing petitioner’s third PCR application which alleged that petitioner’s second PCR attorney was ineffective in failing to seek appellate review of the order denying the second PCR application?

 11:00 a.m.
4739   The State, Respondent, v. Brandi L. Holder, Appellant.

Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

Brandi L. Holder appeals from her conviction for homicide by child abuse, arguing the trial court erred(1)in allowing a police investigator to testify regarding statements made by a codefendant during interrogation,(2)in admitting testimony from a coworker regarding her behavior,(3)in admitting autopsy photographs, and(4)in admitting photographs taken of the victim that suggested prior abuse.

 

Cases to be Submitted Without Oral Argument

Ralph L. Williams, Respondent, v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley Elliott and Assistant Attorney General Brian T. Petrano, all of Columbia, for Petitioner. Diana L. Holt, of Columbia, for Respondent.

Jack R. Bennett, Respondent, v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, all of Columbia, for Petitioner. Susannah Conyers Ross, of Greenville, for Respondent.

Adongo Johnson, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, 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 Matthew J. Friedman, all of Columbia, for Respondent.

Leroy Staton, Petitioner, v. State of South Carolina, Respondent.

Chief Appellate Defender Joseph L. Savitz, III, 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 Karen C. Ratigan, all of Columbia, for Respondent.

Virgil Jones, Respondent, v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Brian T. Petrano, all of Columbia, for Petitioner. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.