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March 2011 |
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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 1, 2011 | |
09:30 a.m. | |
5068 Sandra Bartley, Claimant, Petitioner, v. Allendale County School District, Employer, and S.C. School Boards Insurance Trust, Carrier, Respondents. Jonathan R. Hendrix, of Williams Hendrix Steigner & Brink, PA, of Lexington, for Petitioner. Kirsten Leslie Barr, of Trask & Howell, LLC, of Mt. Pleasant, for Respondents. In this workers' compensation case, we granted Sandra Bartley's petition for a writ of certiorari to review the decision of the Court of Appeals, which upheld the determination that she was entitled to benefits for an injury to her neck that resulted in a thirty percent permanent disability to her back, but denied all other benefits. Bartley v. Allendale County Sch. Dist., 381 S.C. 262, 672 S.E.2d 809 (Ct. App. 2009). Bartley contends her physical injury combined with her preexisting impairments and resulted in a substantially greater disability that is compensable, citing Ellison v. Frigidaire Home Products, 371 S.C. 159, 638 S.E.2d 664 (2006), and she challenges the finding of the Court of Appeals that Ellison is inapplicable here.
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10:00 a.m. | |
5069 ORAL ARGUMENT CANCELLED - Karen Dallis Carpenter, Petitioner, v. James Edward Burr, Frank C. Gavay, Cynthia A. Gesualdi and Susan S. Fisher, Respondents. James L. Hills and Carolyn R. Hills, both of Hills & Hills, P.C., of Myrtle Beach, for Petitioner. Randall K. Mullins, of Mullins Law Firm, PA, of North Myrtle Beach, for Respondents. In this appeal from a final order of divorce, Appellant argues the family court erred in several aspects of the property division, erred in failing to find physical cruelty, erred in denying alimony, and erred in ordering Appellant to pay a portion of Respondents’ attorneys’ fees.
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10:00 a.m. | |
5072 Harvey L. Foster, Respondent, v. Gary Foster, Jean F. Burbage, Mike Foster and Jean Burbage as Trustee, Petitioners. J. Falkner Wilkes, of Greenville, for Petitioners. Rhett D. Burney, of Laurens, for Respondent. The Court granted certiorari to review the Court of Appeals’ decision in Foster v. Foster, 384 S.C. 380, 682 S.E.2d 312 (Ct. App. 2009).
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10:30 a.m. | |
5070 ORAL ARGUMENT CANCELLED - In Re: Charleston Affordable Housing, Inc., Debtor. Charleston Affordable Housing, Inc., Plaintiff, v. DC Development, Inc. and David A. Cox, Defendants. R. Geoffrey Levy and Susan M. Levy, both of Levy Law Firm, LLC, of Columbia, for Plaintiff. Richard R. Gleissner, of Columbia, and William E. Booth, III, of West Columbia, for Defendants.
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Wednesday, March 2, 2011 | |
09:30 a.m. | |
5071 Ex Parte: Bon Secours-St Francis Xavier Hospital, Inc., Julia P. Copeland and James J. Hinchey, Appellants. In re: Thomas R. Wieters, M.D., Respondent, v. Bon Secours-St. Francis Xavier Hospital, Inc., Allen P. Carroll, William B. Ellison, Jr., Jeffrey M. Deal, M.D., and Sharron C. Kelley, Defendants. Timothy W. Bouch and Amy E. Melvin, both of Leath, Bouch and Seekings, LLP, of Charleston, for Appellants. Gregg Meyers, of Charleston, for Respondent. Appellants, defendants at trial, removed the case to federal court in 2004 and it was remanded to state court because the complaint did not present a federal question. On March 2, 2010, the morning of trial, Appellants again removed the case to federal court. The case was again remanded to state court. The trial judge sanctioned Appellants for the second removal, finding the removal merely was a delay tactic. Appellants appeal the order of sanctions.
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10:00 a.m. | |
5073 The State, Respondent, v. Jason Michael Dickey, Petitioner. Lourie A. Salley, III, of Lexington, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina J. Catoe and Solicitor Daniel E. Johnson, all of Columbia, for Respondent. This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Dickey, 380 S.C. 384, 669 S.E.2d 917 (Ct. App. 2008), in which the Court of Appeals affirmed Petitioner’s conviction for voluntary manslaughter.
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Thursday, March 3, 2011 | |
09:30 a.m. | |
5074 The State, Respondent, v. Kenneth Harry Justus, Appellant. Chief Appellate Defender Robert M. Dudek and Senior Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General J. Anthony Mabry, all of Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent. In this case, the Court considers an appeal from a death penalty sentence.
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10:00 a.m. | |
5075 James Madison Compton, Respondent, v. South Carolina Department of Corrections, Jon Ozmint, Director, David Tatarsky, General Counsel for SCDC, James Brennan, Assistant Division Director of Inmate Records, and South Carolina Law Enforcement Division, Robert M. Stewart, Chief, Defendants, of Whom South Carolina Department of Corrections, Jon Ozmint, Director, David Tatarsky, General Counsel for SCDC and James Brennan, Assistant Division Director of Inmate Records are, Appellants. Daniel R. Settana, Jr. and Erin M. Farrell, both of McKay Cauthen Settana & Stubley, P.A., of Columbia, for Appellants. Kenneth C. Hanson, of Hanson Law Firm, of Columbia, for Respondent. In this appeal, the Appellants argue the circuit erred in finding that certain records pertaining to the Respondent could not be forwarded to another state agency when they were also not required to be destroyed under Section 17-1-40 of the South Carolina Code.
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10:30 a.m. | |
5076 In the Matter of David Arthur Braghirol, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Ericka M. Williams, both of Columbia, for the Office of Disciplinary Counsel. David Arthur Braghirol, of Inman, pro se Respondent. This is an attorney disciplinary matter.
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Tuesday, March 15, 2011 | |
09:30 a.m. | |
5077 Nationwide Mutual Insurance Company, Inc. and Gilliam Construction Company, Inc., Appellants, v. Eagle Windows & Doors, Inc., American Architectural Products Corporation, Window and Door Concepts, Inc., Charles Goad, Hobbit Plastering, Inc., Phillip L. Bender, Upstate Waterproofing, Inc., Dale Coleman and Gary Churchill, Defendants, of whom Eagle Windows & Doors, Inc. is, Respondent. Jason Michael Imhoff, of Spartanburg, for Appellants. Ashley Dantzler Wright, of Warren & Sinkler, of Charleston, for Respondent. This is a direct appeal dismissing a products liability case based upon a prior bankruptcy proceeding.
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10:00 a.m. | |
5078 Carolina Chloride, Inc., Respondent/Petitioner, v. Richland County, a South Carolina Political Subdivision, Petitioner/Respondent. Andrew F. Lindemann, William H. Davidson, II and Michael B. Wren, all of Davidson & Lindemann, of Columbia, for Petitioner/Respondent. Edward D. Sullivan, Christian Stegmaier and Amy L. Neuschafer, all of Collins & Lacy, of Columbia, for Respondent/Petitioner. This Court granted cross petitions seeking writs of certiorari to review the decision of the Court of Appeals in Richland County v. Carolina Chloride, Inc., 382 S.C. 634, 677 S.E.2d 892 (Ct. App. 2009), in which a property owner asserted multiple claims against the County due to the County’s mistaken zoning designation of the property. The property owner alleged its potential sale of the property was lost due to the zoning issue.
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10:30 a.m. | |
5079 Ken H. Lester, Respondent, v. Glen P. Straker, Carl C. Hendricks, Jr. and P.J. Tanner, Sheriff of Beaufort County, Respondents, and Carolyn Songer Austin, Petitioner. Charles E. Carpenter, Jr. and Carmen V. Ganjehsani, of Carpenter Appeals and Trial Support, of Columbia, for Petitioner. Harold A. Boney, Jr., of Beaufort and Marquard H. Lund, III, of Hilton Head Island, for Respondents. Petitioner appeals the division of certain funds held in the custody of the Beaufort County Clerk of Court.
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Wednesday, March 16, 2011 | |
09:30 a.m. | |
5080 The State of South Carolina, Petitioner/Respondent, v. Roger O'Neill Bostick, Respondent/Appellant. Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor I. McDuffie Stone, III, of Bluffton, for Petitioner/Respondent. Chief Appellate Defender Robert M. Dudek and Appellate Defender Kathrine H. Hudgins, of Columbia, for Respondent/Appellant. In this case, the Court is asked to determine whether the circuit court erred in denying Petitioner’s motion for a directed verdict of acquittal for murder and by ruling evidence of Petitioner’s alleged drug use and other alleged misdeeds admissible to rebut evidence put forth during Petitioner’s sister testimony.
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10:00 a.m. | |
5081 The State, Respondent, v. Najjar De'Breece Byers, Petitioner. Robert A. Muckenfuss, of Charlotte, North Carolina, for Petitioner. Attorney General Alan Wilson, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General William Blitch, Jr., all of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent. In this case the court will determine whether a motion to strike certain hearsay testimony was properly preserved for review, and if so, whether that error was prejudicial to the criminal defendant.
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10:30 a.m. | |
5082 ORAL ARGUMENT CANCELLED - Ralph W. Bowers, Respondent, v. Sea Island Staffing, Westinghouse Electric Corporation, Appellants, and Hartford Underwriter's Insurance Company and VIACOM, Defendants, of Whom Hartford Underwriter's Insurance Company is also, Appellant. Stephen L. Brown, Robert P. Gruber and Catherine H. Chase, all of Young Clement Rivers, LLP, of Charleston, Richard Daniel Addison, of Hedrick Gardner Kincheloe & Garofalo, LLP, of Columbia and Shay Dvoretzky and Craig I. Chosiad, of Jones Day, of Washington, DC, for Appellants. Jeffrey T. Eddy, of Charleston, for Respondent.
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Cases to be Submitted Without Oral Argument | |
Lucas Bailey, Petitioner, v. State of South Carolina, Respondent. |
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Tara Shurling, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mary S. Williams, all of Columbia, for Respondent. |
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Alvin B. Zellars, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Elizabeth Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Matthew Friedman, all of Columbia, for Respondent. |