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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, April 6, 2004
 09:30 a.m.
3865   The State, Respondent v. Wesley Max Myers, Appellant.

Assistant Appellate Defender Robert M. Dudek, of 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, Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

This case involves a murder and arson conviction and deals with various evidentiary issues.

 10:00 a.m.
3866   Stewart Belton, Respondent/Petitioner v. Cincinnati Insurance Company, Petitioner/Respondent.

Robert D. Moseley and Mark M. Trapp, both of Leatherwood, Walker, Todd & Mann, of Greenville and S. Jahue Moore, of Moore, Taylor & Thomas, P.A., of West Columbia, for Petitioner-Respondent. Frank A. Barton, of Reeve and Barton and H. Wayne Floyd, both of West Columbia, for Respondent-Petitioner.

Did the Court of Appeals correctly hold that an option to purchase real property creates an insurable interest?

 10:30 a.m.
3867   The State, Respondent v. Kenneth Simmons, Appellant.

Assistant Appellate Defender Robert M. Dudek and Assistant Appellate Defender Eleanor Duffy Cleary, both of 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, all of Columbia, and Solicitor Walter M. Bailey, Jr., of Summerville, for Respondent.

This capital case involves a Doyle issue, a challenge to the dismissal of a juror during trial, failure to charge robbery as a lesser of armed robbery, and the exclusion of rebuttal to victim impact testimony.

Wednesday, April 7, 2004
 09:30 a.m.
3868   Denene, Inc., d/b/a Trio Club, L.C. Entertainments, LLC, d/b/a Club Tango and Let's Eat, Inc., d/b/a Port Side Cafe Uptown, Appellants v. City of Charleston, Respondent.

John F. Martin, of Charleston, for Appellant. William B. Regan and Francis I. Cantwell, both of Regan & Cantwell, of Charleston, for Respondent.

Appellants challenge a City of Charleston ordinance which prohibits all commercial establishments that serve alcohol from operating between 2 a.m. and 6 a.m.

 10:00 a.m.
3869   David Carr, Appellant v. Ernest Passailaigue, Respondent.

Chalmers Carey Johnson, of Chalmers Johnson Law Firm, of Charleston, for Appellant. Charles E. Carpenter, S. Elizabeth Brosnan and Anthony E. Rebollo, all of Richardson, Plowden, Carpenter & Robinson, PA, of Columbia, for Respondent.

This case involves whether the trial court properly granted Respondent's motion for summary judgment under the doctrine of res judicata and under the applicable statute of limitations.

 10:30 a.m.
3870   Geneva Covington, Respondent v. Gary George, individually and as agent, for Momentum Logistics of South Carolina, Inc., formerly doing business as Anderson Armored Car and Bank Air Courier, Inc., Appellants.

Kirby D. Shealy III, of Baker, Ravenel & Bender, L.L.P., of Columbia, for Appellant. John P. Ford, Jr. and Kristi F. Curtis, both of Bryan, Bahnmuller, Goldman, & McElveen, LLP, of Sumter, for Respondent.

This case involves whether the trial court erred in excluding under 403, SCRE, the amount accepted as full payment on a medical bill. The defendant wanted to use this amount to attack the reasonableness of medical expenses in a personal injury suit.

Thursday, April 8, 2004
 09:30 a.m.
3871   Anne S. Parker, Appellant v. Winfield W. Shecut and Marion A. Shecut, III, Respondents.

William O. Pressley, Jr., of Perrin, Perrin, Mann and Patterson, P.A., of Spartanburg, for Appellant. Robert A. McKenzie and Gary H. Johnson, II, both of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia, for Respondent, Winfield W. Shecut. Angus Faust Carter, III, of Orangeburg, for Respondent, Marion A. Shecut, III

This appeal challenges, among other things, the equity court’s (1) calculation of damages for ouster and (2) awarding of attorney’s fees.

 10:00 a.m.
3872   David A. Horton, Appellant v. Darby Electric Company, Inc., Respondent.

W. Andrew Arnold, of Arnold & Arnold, of Greenville, for Appellant. Ellison F. McCoy, of Haynsworth Baldwin Johnson & Greaves PA and D. Randle Moody, II, of Roe Cassidy Coates & Price, PA, both of Greenville, for Respondent.

This employment case raises issues regarding summary judgment and at-will employment.

 10:30 a.m.
3873   In the Matter of Gene C. Wilkes, Jr., Respondent.

Disciplinary Counsel Henry B. Richardson, Jr. and Assistant Disciplinary Counsel Barbara M. Seymour, both of Columbia, for the Office of Disciplinary Counsel. Thomas C. Brittain, of Hearn Brittain and Martin, of Myrtle Beach, for Respondent.

This case is a disciplinary action reviewing the Committee on Judicial Conduct's report.

Tuesday, April 20, 2004
 09:30 a.m.
3875   Hoefer Family Limited Partnership, Herbert W. Hoefer Marital Trust, Lilla F. Hoefer, Carol S. Hoefer, Theodore M. Hoefer, Jr., Elizabeth Hoefer Ward and C. Scott Ward, Appellants/Respondents v. The County of Charleston and Andrew C. Smith, CPA in his official capacity as Charleston County Treasurer, Respondents/Appellants.

John M.S. Hoefer and K. Chad Burgess, both of Willoughby & Hoefer, PA, of Columbia, for Appellant-Respondents. Joseph Dawson and Bernard E. Ferrara, Jr., both of Charleston County Attorney's Office, of North Charleston, for Respondents-Appellants.

This is a cross-appeal from a series of circuit court orders applying and interpreting the decision in Riverwoods, LLC v. County of Charleston, 349 S.C. 378, 563 S.E.2d 651 (2002).

 10:00 a.m.
3880   Brackenbrook North Charleston, LP, North Bluff North Charleston, LP, Riverwoods, LLC, Ashley Arbor, LLC, et al., Respondents-Appellants v. The County of Charleston, Andrew Smith in his official capacity as Charleston County Treasurer, Peggy A. Moseley in her official capacity as Charleston County Auditor, and D. Michael Huggins in his official capacity as Charleston County Assessor, Appellants-Respondents.

M. Dawes Cooke, Jr. and P. Gunnar Nistad, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, Joseph Dawson, III, and Bernard Ferrara, Jr., both of Charleston County Attorney's Office, of North Charleston, for Appellants-Respondents. G. Trenholm Walker, Andrew K. Epting and Amanda R. Maybank, all of Pratt-Thomas, Epting & Walker, PA, of Charleston, for Respondents-Appellants.

This is a cross-appeal from a series of circuit court orders applying and interpreting the decision in Riverwoods, LLC v. County of Charleston, 349 S.C. 378, 563 S.E.2d 651 (2002).

Wednesday, April 21, 2004
 10:00 a.m.
3877   The State, Respondent v. Timothy Mills, Appellant.

Assistant Appellate Defender Eleanor Duffy Cleary, of Office of Appellate Defense, of Columbia, for Appellant. Deputy Director for Legal Services Teresa A. Knox, Legal Counsel Tommy Evans, Jr. and Legal Counsel J. Benjamin Aplin, all of South Carolina Department of Probation, Parole & Pardon Services, of Columbia, for Respondent.

This statutory construction case involves the length of an allowable sentence for revocation of community supervision.

 10:30 a.m.
3878   Richard Adkins, Shakur Ali, Kelly Ayers, Phillip Barnett, Terry Beachum, Phillip Bennett, Bobby Boozer, John Brannon, Christopher Brown, Norman Bryson, Bernard Byrd, Sirrico Burnside, Bradley Cain, Donnie Clark, Francis Coker, John Cosby, Robert Davila, Billy Joe Davis, Bobby Davis, Terry Elliott, David Ellison, Robert Elmore, Garnell Evans, Anthony Frazier, Calvin Garrett, Charles Gove, Willie Gray, William Griffin, Claude Hamrick, Floyd Hamilton, David Harig, James Heatherly, James Hicks, Demetric Hill, Joey Irby, William Joel Jackson, Hubert Jacobs, James Jeffries, Robert Jones, Robert Johnson, Andrew Kelly, Willie Ladson, Ricky Major, Alvin Manigault, Lavaul Manigault, Larry McClary, Earl McCoy, Benjamin McInnis, Phillip Meredith, Randall Miller, John Millwood, Johnny Minter, Timothy Moore, Tony Mossberg, Jerry Neal, Kendrick Nesbitt, Walter Owens, Ricky Paige, Gerald Pridmore, Darrell Pryor, Ronald Pryor, David Teiner, Gregory Scott, Michael Scott, Michael Shell, Robert Simpson, Ralph Sims, Christopher Smith, Arthur Stephenson, Dean Stevens, Leroy Sullivan, Dennis Thomason, Douglas Thompson, Eric Thompson, Douglas Tittus, Albert Todd, Donald Todd, Stevie Upton, Richard Ward, Frank Weathers, Herman Whitehead, Anthony Wilson, and Charlie Wright, Appellants v. South Carolina Department of Corrections, Respondent.

Harry Leslie Devoe, Jr., of New Zion, for Appellants. Lake E. Summers and Vinton D. Lide, both of Vinton D. Lide & Associates, of Lexington, for Respondent.

This is a Tort Claims action brought by 83 inmates who were employed by the SCDC Division of Industries Private Sector. They were initially paid .25 - .75 per hour as a "training wage" and were later advanced to a minimum wage of $5.15 per hour. They brought this action contending the SCDC was failing to pay them the prevailing wage for similar wages in the private sector, as required by S.C. Code Ann. 24-3-430 (d), and contending that while they were earning their "training wages," the SCDC was being unjustly enriched by being paid $2.07 per man hour by the private sector companies. Finally, the inmates challenged S.C. Code Ann. 24-3-40, which provides for disposition of inmate wages, as unconstitutional. The trial court ruled in favor of the SCDC and the inmates appeal.

 

Cases to be Submitted Without Oral Argument

Lewis C. Patterson, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Adrianne L. Turner, all of Columbia, for Petitioner. Assistant Appellate Defender Robert M. Pachak, of Office of Appellate Defense, of Columbia, for Respondent.

BB&T of South Carolina, Petitioner v. Lottie Fleming and Frederick Fleming, Respondents.

John William Ray, of Greenville, for Petitioner. Lottie and Frederick Fleming, of Greenville, pro se Respondents.

Andreas Fernanders, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General Donald J. Zelenka, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Petitioner. Assistant Appellate Defender Eleanor Duffy Cleary, of Office of Appellate Defense, of Columbia, for Respondent.

Bennie Wicker, Respondent v. South Carolina Department of Corrections, Appellant.

Lake Eric Summers, of Vinton D. Lide & Associates, of Lexington, for Appellant. Bennie Wicker, Jr., of Bennettsville, pro se Respondent.

George Allen Evans, Petitioner v. State of South Carolina, Respondent.

John Martin Foster, of Rock Hill and South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Lakesha Jeffries, all of Columbia, for Respondent.