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April 2003 |
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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, April 1, 2003 | |
09:30 a.m. | |
3667 Marilyn Bray and Allan Bray, Petitioners/Respondents v. Marathon Corporation, an Alabama Corporation, American Refuse Systems, Inc., a North Carolina Corporation, John Doe and Richard Roe, Defendants, of whom Marathon Corporation, an Alabama Corporation, and American Refuse Systems, a North Carolina Corporation, are Respondents/ Petitioners. Ray Pratt McClain, of Charleston; and Ronald J. Jebaily, of Jebaily, Glass & Meacham, of Florence, for Petitioners-Respondents. Gray T. Culbreath and Ellen M. Adams, both of Collins & Lacy, of Columbia, for Respondent-Petitioner Marathon Corporation. Saunders M. Bridges, of Aiken, Bridges, Nunn, Elliott & Tyler, of Florence, for Respondent-Petitioner American Refuse Systems, Inc. This products liability action involves the issue of whether the trial court properly granted summary judgment on Bray's negligence, strict liability, and warranty claims.
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10:00 a.m. | |
3668 The State, Petitioner v. Randall Scott Foster, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor William Townes Jones, IV, of Greenwood, for Petitioner. Deputy Chief Attorney Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, of Columbia, for Respondent. In this criminal case, the issue is whether the Court of Appeals properly reversed Foster's convictions based on the admission of a prior consistent statement.
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10:30 a.m. | |
3669 The State, Respondent v. James N. Bryant, III, Appellant. Assistant Appellate Defender Robert M. Dudek, of South Carolina 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, Assistant Attorney General S. Creighton Waters, all of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondent. This is appellant's direct appeal from a murder conviction and death sentence. Issues concern 1) whether appellant's constitutional rights were violated after law enforcement contacted family members, coworkers, and neighbors of the jurors, 2) the qualification of a juror, and 3) whether appellant was entitled to a parole ineligibility charge.
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11:00 a.m. | |
3630 Charles W. Bailey, Respondent v. Ralph W. Segars, Jr., Petitioner. (This case was continued from February 19, 2003.) Louis D. Nettles, of Nettles, McBride, Hoffmeyer, of Florence, for Petitioner. Charles E. Carpenter, Jr., and S. Elizabeth Brosnan, both of Richardson, Plowden, Carpenter & Robinson, of Columbia; and Paul V. Cannarella, of Hartsville, for Respondent. The Court granted certiorari to consider a Court of Appeals' decision holding there was evidence that petitioner's negligence contributed to the accident.
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Wednesday, April 2, 2003 | |
09:30 a.m. | |
3670 James C. Christy, Respondent v. Vida L. Christy, Petitioner. Robert N. Rosen and Donald B. Clark, both of Rosen, Rosen & Hagood, of Charleston, for Petitioner. Thomas R. Goldstein, of Belk, Cobb, Infinger & Goldstein, of Charleston, for Respondent. The Court granted certiorari to consider a Court of Appeals' decision vacating one family court order finding it was improperly executed under Rule 63, SCRCP, and vacating a second order which relied, in part, on the first order.
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10:00 a.m. | |
3671 Ex Parte: Charlie Condon, Attorney General for the State of South Carolina, Appellant. In Re: C. Bruce Littlejohn, on behalf of himself and all others similarly situated, Respondent v. State of South Carolina, the South Carolina Department of Revenue, Wal-Mart Stores, Inc., CVS Pharmacy, Inc., KMART Corporation, Eckerd Corporation, d/b/a Eckerd Drugs and all others similarly situated, S. C. Hyatt Corporation, and all others similarly situated, Piggly Wiggly Retail Stores, Inc., Piggly Wiggly #2, Inc., Piggly Wiggly #75, Inc., Harris Teeter, Inc., Winn-Dixie Raleigh, Inc., and all others similarly situated, Respondents. Deputy Attorney General Treva G. Ashworth, Assistant Deputy Attorney General Robert D. Cook and Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia, for Appellant. A. Camden Lewis and Ariail E. King, both of Lewis, Babcock & Hawkins, of Columbia; and Richard A. Harpootlian, of Columbia, for Respondent C. Bruce Littlejohn. Ronald W. Urban, of South Carolina Department of Revenue, of Columbia, for Respondents State of South Carolina and South Carolina Department of Revenue. Burnet R. Maybank, III, of Nexsen, Pruet, Jacobs & Pollard, of Columbia; and Paul A. Dominick, of Nexsen Pruet, Jacobs, Pollard & Robinson, of Charleston, for Respondent Wal-Mart Stores, Inc. Bernie W. Ellis, of McNair Law Firm, of Greenville, for Respondent CVS Pharmacy, Inc. Erik P. Doerring, of McNair Law Firm, of Columbia, for Respondents KMART Corporation and S. C. Hyatt Corporation. B. Rush Smith, III, of Nelson, Mullins, Riley & Scarborough, of Columbia; and John C. von Lehe, Jr., of Nelson, Mullins, Riley & Scarborough, of Charleston, for Respondents Eckerd Corporation d/b/a Eckerd Drugs and Winn-Dixie, Raleigh, Inc. Marvin D. Infinger, of Haynsworth Sinkler Boyd, of Charleston, for Respondents Piggly Wiggly Retail Stores and Piggly Wiggly #2, Inc. Charles H. Williams, of Williams & Williams, of Orangeburg, for Respondent Piggly Wiggly #75, Inc. William H. Morrison, of Moore & Van Allen, of Charleston, for Respondent Harris Teeter, Inc. Gene M. Connell, Jr., of Kelaher, Connell & Connor, of Surfside Beach, for Amicus Curiae South Carolina Trial Lawyers Association. In this case, the Attorney General argues that the circuit court erred in awarding attorneys fees.
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10:30 a.m. | |
3484 John Doe, Alias, Petitioner v. Charles M. Condon, Attorney General for the State of South Carolina, Respondent and South Carolina Bankers Association and South Carolina Bar, Intervenors. David A. Wilson, of Horton, Drawdy, Ward & Black, of Greenville, for Petitioner. Deputy Attorney General Treva G. Ashworth and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for Respondent. John T. Moore, C. Mitchell Brown and B. Rush Smith, III, all of Nelson, Mullins, Riley & Scarborough, of Columbia, for Intervenor South Carolina Bankers Association. John S. Nichols, of Bluestein & Nichols, of Columbia; and F. Earl Ellis, Jr., of Ellis, Lawhorne & Sims, of Columbia, for Intervenor South Carolina Bar. Rehearing of a case involving issues of unauthorized practice of law in the context of refinancing a mortgage home loan.
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11:00 a.m. | |
3493 The State, Respondent v. Franklin Benjamin, Petitioner. Katherine Carruth Link, of Columbia; and South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Walter M. Bailey, Jr., of Summerville, for Respondent. This case is on rehearing; the issue is whether Benjamin was properly sentenced to life without parole based on his previous convictions for crimes that were committed a few hours before the armed robbery in the instant case.
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Thursday, April 3, 2003 | |
09:30 a.m. | |
3672 M.B. Kahn Construction Company, Inc., Petitioner v. Three Rivers Bank & Trust Company, RSI Properties/Spartanburg, LLC; RSI, Inc.; Orchard Place East at Spartanburg, Inc.; Bailey Heating & Controls, Inc.; Wellington Power; Charleston Fire & Safety, Inc.; TI Associates, Inc.; and Lewis Nursery & Farm, Inc.; Defendants, of whom Three Rivers Bank & Trust Company is Respondent. Robert T. Strickland, James R. Allen and Andrea C. Pope, all of Barnes, Alford, Stork & Johnson, of Columbia, for Petitioner. Wallace K. Lightsey, of Wyche, Burgess, Freeman & Parham, of Greenville; and Benjamin Turner Zeigler, of Haynsworth Sinkler Boyd, of Florence, for Respondent. This appeal involves long-arm jurisdiction in an action against a foreign corporation.
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10:00 a.m. | |
3673 In Re: Anant A. Vora, M.D. -- Anant A. Vora, M.D., Respondent v. Lexington Medical Center, Appellant. Andrew F. Lindemann, of Davidson, Morrison & Lindemann, of Columbia; and Ernest J. Nauful, Jr., of Columbia, for Appellant. Deborah R. J. Shupe, of Columbia, for Respondent. This is a medical disciplinary action where Lexington Medical Center appeals the trial court's reversal of Dr. Vora's suspension and its finding that there was a due process violation.
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10:30 a.m. | |
3674 Carl B. Tucker and Eleanor Tucker, Plaintiffs v. Honda of South Carolina Manufacturing, Inc., Pee Dee Electric Cooperative, Inc., Defendants, of whom Pee Dee Electric Cooperative, Inc. is Petitioner and Carl B. Tucker, Eleanor Tucker and Honda of South Carolina Manufacturing, Inc. are Respondents. Pope D. Johnson, III, of McCutchen, Blanton, Rhodes & Johnson, of Columbia, for Petitioner. Susan P. McWilliams, of Nexsen, Pruet, Jacobs & Pollard, of Columbia, for Respondent Honda of South Carolina Manufacturing, Inc. J. Lewis Cromer, of Cromer & Mabry, of Columbia, for Respondents Carl B. Tucker and Eleanor Tucker. Addresses when an appeal dealing with attorney-client privilege is properly before an appellate court.
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11:00 a.m. | |
3675 In the Matter of W. Smith Strickland, Jr., Respondent. Attorney General Henry Dargan McMaster and Senior Assistant Attorney General James G. Bogle, Jr., both of Columbia, for the Office of Disciplinary Counsel. Desa A. Ballard, of West Columbia, for Respondent. The issue in this attorney disciplinary matter is the appropriate sanction.
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Tuesday, April 22, 2003 | |
09:30 a.m. | |
3676 Laurens Emergency Medical Specialists, PA, Respondent v. M.S. Bailey & Sons Bankers, and Laurens County Health Care System, Defendants, of which Laurens County Health Care System is Petitioner. J. Michael Turner, of Turner & Burney, of Laurens, for Petitioner. A. Camden Lewis and Thomas Pendarvis, both of Lewis, Babcock & Hawkins, of Columbia, for Respondent. In this case, Laurens Emergency Medical Specialists (“LEMS”) sued Laurens County Health Care System for breach of contract and negligence and sought contractual indemnification. The Court will address whether the Court of Appeals erred in affirming summary judgment for LEMS on the indemnification issue.
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10:00 a.m. | |
3677 Oral Argument Cancelled. Arthur G. Cohen and Karen B. Cohen, Appellants v. South Carolina Department of Revenue, Respondent. John M. Campbell, Jr., Maurice D. Holloway and Charles S. Verdin, IV, all of Nelson, Mullins, Riley & Scarborough, of Greenville; and Roxy Rae Beagley, of Clemson, for Appellants. Harry T. Cooper, Jr., Ronald W. Urban and Leonard P. Odom, all of South Carolina Department of Revenue and Taxation, of Columbia, for Respondent. A. Camden Lewis, of Lewis, Babcock & Hawkins, of Columbia; and William J. Quirk, of Columbia, for Amici Curiae Elizabeth M. Koffman, Deborah E. Koffman, Jeffrey P. Koffman, Martin D. Koffman, Joseph B. Koffman, David L. Koffman and Steven M. Koffman. This dispute between a nonresident taxpayer and the Department of Revenue turns on whether certain federal itemized deductions may be claimed for purposes of South Carolina income tax.
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10:00 a.m. | |
3678 The State, Respondent v. Terry Ted Lindsey, Appellant. Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. Lindsey appeals his conviction for first degree criminal sexual conduct. The issues are whether rape can be a triggering offense for a life without parole sentence where it is not enumerated as a statutory “most serious offense; and whether the trial court erred in refusing to grant Lindsey a directed verdict based on the State’s alleged failure to prove “aggravated force.”
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10:30 a.m. | |
3679 The State, Respondent v. John Boyd Frazier, Appellant. L. Morgan Martin and George M. Hearn, Jr., both of Hearn, Brittain & Martin, of Conway, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent. This is a direct appeal from a criminal conviction. Three evidentiary issues and a claim the trial judge erred by not granting a motion for a directed verdict are presented.
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Wednesday, April 23, 2003 | |
09:30 a.m. | |
3681 Sandra Jones, Claimant, Appellant v. Georgia-Pacific Corporation, Self-Insured Employer, Respondent. Albert V. Smith, of Spartanburg, for Appellant. Grady L. Beard and Marcy J. Lamar, of Sowell, Gray, Stepp & Laffitte, of Columbia, for Respondent. Claimant appeals the Worker's Compensation Commission's finding that she was not entitled to benefits because she committed fraud on her employment application.
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10:00 a.m. | |
3682 John R. Golden, Respondent v. Anne Manktelow, Appellant. Robert E. Stepp, of Sowell, Gray, Stepp & Laffitte, of Columbia, for Appellant. Harold A. Boney, of Harold A. Boney Law Offices, of Beaufort; and James B. Richardson, Jr., of Richardson & Birdsong, of Columbia, for Respondent. This case involves whether the lower court erred by reforming a deed on the basis of mutual mistake.
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10:30 a.m. | |
3683 Helena Chemical Company, Appellant v. Allianz Underwriters Insurance Company, CIGNA Property and Casualty Insurance Company, Insurance Company of North America, Lexington Insurance Company, Lloyd's of London, Maryland Casualty Company, The Central National Insurance Company of Omaha, The Home Insurance Company, and United States Fire Insurance Company, Defendants, of whom Lexington Insurance Company, Lloyd's of London and The Home Insurance Company are Respondents. William B. Harvey, III, of Harvey & Battey, of Beaufort; and Kim K. Burke, of Taft, Stettinius & Hollister, of Cincinnati, OH, for Appellant. Mary G. Lewis, of Lewis, Babcock & Hawkins, of Columbia; and Robert N. Kelly, of Washington, DC, for Respondent Lexington Insurance Company. Ellis B. Drew, III, of Winston-Salem, NC, for Respondent The Home Insurance Company. Michael P. Horger, of Horger & Horger, of Orangeburg; and Jay Russell Sever, of Phelps Dunbar, of New Orleans, LA, for Respondent Lloyd's of London. Thomas C. Salane, of Turner, Padget, Graham & Laney, of Columbia; for Respondent Lloyd's of London. William B. Harvey, III, of Harvey & Battey, of Beaufort; Howard T. Weir, III, of Morgan, Lewis & Bockius, of Washington, DC; and John E. Failla and Seth D. Amera, both of Morgan, Lewis & Bockius,of New York, NY; for Amicus Curiae Federal Pacific Electric Company. Andrea C. Pope, of Barnes, Alford, Stork & Johnson, of Columbia; and Laura A. Foggan, John C. Yang and Kimberly M. Hrabosky, of Wiley, Rein & Fielding, of Washington, DC, for Amicus Curiae Insurance Environmental Litigation Association. This is an insurance coverage case where Helena Chemical Company appeals the grant of summary judgment in favor of various insurers that Helena alleges failed to defend and indemnify it for environmental clean-up costs.
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Cases to be Submitted Without Oral Argument | |
Quentin Anderson, 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 B. Allen Bullard, Jr., and Assistant Attorney General William Bryan Dukes, all of Columbia, for Petitioner. John Stafford Bryant, of Bryant, Fanning and Shuler, of Orangeburg, for Respondent. |
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Antonio T. Boyd, 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 B. Allen Bullard, Jr., and Assistant Attorney General David A. Spencer, all of Columbia, for Petitioner. Paul Archer, of Pawleys Island, for Respondent. |
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Jerry Lee Nolan Pittman, 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 B. Allen Bullard, Jr., Assistant Attorney General William Bryan Dukes, all of Columbia, for Petitioner. William Barry Bland, of Spartanburg, for Respondent. |
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Willie Cohen, 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 B. Allen Bullard, Jr., and Assistant Attorney General David A. Spencer, all of Columbia, for Petitioner. Assistant Appellate Defender Eleanor Duffy Cleary, of South Carolina Office of Appellate Defense, of Columbia, for Respondent. |
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Keith R. Williams, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Petitioner. Lucius Scott Harvin, of the Hedrick Law Firm, of Walterboro, for Respondent. |