Supreme Court Seal
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 15, 2022
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2020-001405   The State, Respondent, v. Michael N. Frasier, Jr., Petitioner.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia and Scarlett Anne Wilson, Solicitor, Ninth Judicial Circuit, of Charleston, for Respondent.

The issue before the Court concerns whether the court of appeals erred in affirming the trial court's denial of Petitioner's motion to suppress evidence collected during a traffic stop.

 10:30 a.m. (Time Limits: 20-20-5)  
2020-001278   In the Matter of the Care and Treatment of Francis Arthur Oxner, Petitioner.

Allen Mattison Bogan, Blake Terence Williams, of Nelson, Mullins, Riley & Scarborough, LLP, Chief Appellate Defender Robert Michael Dudek and Appellate Defender David Alexander, all of Columbia for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in In the Matter of Care & Treatment of Oxner, 430 S.C. 555, 846 S.E.2d 365 (Ct. App. 2020). The Court will consider whether Oxner was "convicted of a sexually violent offense" and, thus, subject to the Sexually Violent Predator Act; and whether Oxner was afforded his constitutional rights to effective assistance of counsel and to a speedy trial in connection with his hearing under subsection 44-48-100(B) of the South Carolina Code (2018).

Wednesday, March 16, 2022
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2020-001399   The State, Respondent, v. Jaron Lamont Gibbs, Petitioner.

Jack B. Swerling, of Columbia, and Katherine Carruth Goode, of Winnsboro, for Petitioner. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, Assistant Attorney General Julianna E. Battenfield, of Columbia and Solicitor, Thirteenth Judicial Circuit, William Walter Wilkins, of Pickens, for Respondent.

Jaron Lamont Gibbs was convicted of murder and possession of a weapon during the commission of a violent crime. We granted Gibbs a writ of certiorari to review the court of appeals' decision in State v. Gibbs, 431 S.C. 313, 847 S.E.2d 495 (Ct. App. 2020). The Court will determine whether the trial court erred in (1) allowing a lay witness to testify about single and double action revolvers and (2) allowing the State to reference the witness's testimony in its closing argument.

 10:30 a.m. (Time Limits: 15-15-5)  
2021-000044   Randall Seels, as the Personal Representative for the Estate of Olivia Seels Smalls, Respondent, v. Joe Truman Smalls, Petitioner.

Thomas Ray Sims, Sr. of Thomas, Ray, Sims, of Orangeburg, for Petitioner. Diane C. Current, of Current Law Firm, PA and Donald B. Clark, of Donald B. Clark, LLC, both of Charleston, for Respondent.

This Court granted a petition for a writ of certiorari to review the decision of the court of appeals in Seels v. Smalls, Op. No. 2020-UP-275 (S.C. Ct. App. filed Sept. 30, 2020), which held the family court properly retained jurisdiction to rule on an action seeking the equitable apportionment of marital assets after one of the parties died during the pendency of the action.

Thursday, March 17, 2022
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2020-001414   The State, Respondent, v. Johnathan Green, Petitioner.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan Wilson, Assistant Attorney General Joshua A. Edwards, of Columbia, and Solicitor, First Judicial Circuit, David Pascoe, of Summerville, for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Green, Op. No. 2020-UP-219 (S.C. Ct. App. filed July 22, 2020).

 10:30 a.m. (Time Limits: 15-15-5)  
2021-000165   Glenn Odom, Respondent, v. McBee Municipal Election Commission, Charles Short, Charles Sutton, and Hewitt Dixon, Appellants.

Martin S. Driggers, Jr., Richard Edward McLawhorn, Jr., Sweeny, Wingate & Barrow, PA of Hartsville, Wallace H. Jordan, Jr., Wallace H. Jordan, Jr. P.C., of Florence, Robert E. Tyson, Jr., Vordman Carlisle Traywick, III, Robinson, Gray, Stepp & Laffitte, LLC and Karl Smith Bowers, Jr., Bowers Law Office, LLC all of Columbia for Appellant. John Elliott Parker, Jr., Peters, Murdaugh, Parker, Eltzroth, & Detrick, PA, of Hampton, for Respondent.

This case arises out of the September 1, 2020 election for Mayor and two open seats on Town Council in the Town of McBee. Following the election, several candidates filed a protest, and the McBee Municipal Election Commission ultimately called for a new election, and the circuit court reversed.