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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 4, 2006
 09:30 a.m.
4195   Giles Page, Respondent v. South Carolina Department of Transportation, Appellant.

Natalie Jean Moore, of Columbia, for Appellant. Steve Wukela, Jr., of Wukela Law Firm, of Florence, for Respondent.

Appellant SCDOT terminated the employment of Respondent Giles Page because of Page’s alleged substandard performance. The State Employee Grievance Committee upheld the termination. Appellant argues that the circuit court erred in vacating the decision of the grievance committee and remanding the case to SCDOT with instructions to either reinstate Respondent or conduct a de novo hearing in accordance with the provisions of the Administrative Procedures Act. The Court certified the case pursuant to Rule 204(b), SCACR.

 10:00 a.m.
4196   The State, Respondent v. Johnny O. Bennett, Appellant.

Assistant Appellate Defender Robert M. Dudek and Assistant Appellate Defender Aileen P. Clare, both of the 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 and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

This is an appeal from a capital sentencing proceeding. The trial court determined that the “will you go with the majority or hold to your decision” question was improper for juror voir dire, that certain testimony and evidence about a prior offense was admissible as character evidence, and that remarks by the solicitor did not unfairly inject racial issues into the proceeding.

 10:30 a.m.
4197   Brett Bursey and Mining Association of South Carolina, Respondents v. South Carolina Department of Health and Environmental Control, Defendant, and South Carolina Electric and Gas Company, Petitioner.

Elizabeth B. Partlow, of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. and Thomas Grant Eppink, both of Columbia, for Petitioner. Gregory Jacobs English, of Wyche Burgess Freeman & Parham, PA, of Greenville, for Respondent, Mining Association of South Carolina and Mr. Brett Bursey, of Lexington, pro se respondent.

This case involves an appeal from a determination by DHEC that SCE&G is not required to obtain a mining permit. The issues raised involve subject matter jurisdiction, the appropriate standard of review, and whether the notices of appeal were timely filed with the Mining Council.

Wednesday, April 5, 2006
 09:30 a.m.
4198   John A. Hardin and Martha Hardin Curran, as Trustees of Marital Trust 2 under the will of Martha S. Hardin, Deceased, Respondents v. The South Carolina Department of Transportation, Petitioner.

Linda C. McDonald and Beacham O. Brooker, Jr., both of South Carolina Department of Transportation and Robert L. Widener, of McNair Law Firm, PA, all of Columbia, for Petitioner. David A. White, of Robinson, Bradshaw, & Hinson, of Rock Hill, for Respondents. Robert E. Lyon, Jr. and M. Clifton Scott, both of Columbia, for Amicus Curiae, South Carolina Association of Counties. Danny C. Crowe, of Turner, Padget, Graham and Laney and Andrew F. Lindemann, of Davidson Morrison & Lindemann, both of Columbia, for Amicus Curiae, Municipal Association of South Carolina. Richard D. Bybee, of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant, for Amicus Curiae, South Carolina Landowners Association.

This case is on a writ of certiorari from the Court of Appeals. Respondents own two tracts of land on the north side of Dave Lyle Boulevard in Rock Hill on either side of an intersection. The intersection was closed by SCDOT’s construction of a median. At issue is whether Respondents had a valid property right infringed upon by the construction of the median barricade, entitling them to just compensation. The trial court and Court of Appeals held Respondents had such a right.

 10:30 a.m.
4199   The State, Respondent v. Charles Pagan, Petitioner.

Chief Attorney Joseph L. Savitz, III, of the Office of Appellate Defense, of Columbia, for Petitioner. 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 and Acting Solicitor W. Barney Giese, all of Columbia, for Respondent.

The Court granted a writ of certiorari to review State v. Pagan, 357 S.C. 132, 591 S.E.2d 646 (Ct. App. 2004), in which the Court of Appeals affirmed the trial court’s admission of testimony that Petitioner failed to stop for a blue light and later explained to a passenger in his car that he fled from police because he was out on bond for a murder charge and because he did not have a driver’s license.

Thursday, April 6, 2006
 09:30 a.m.
4200   The State, Respondent v. Ted Lee Heath, Appellant.

James W. Boyd, of Boyd and Jordan, of Rock Hill, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia and Solicitor Thomas E. Pope, of York, for Respondent.

A jury found Appellant Ted Lee Heath guilty of trafficking crack cocaine. The issues on appeal are whether the circuit court erred in denying Appellant’s motion for a directed verdict and whether the circuit court erred in denying Appellant’s motion for a new trial. The Court certified the case pursuant to Rule 204(b), SCACR.

 10:00 a.m.
4201   South Carolina Department of Transportation, Condemnor, Respondent v. First Carolina Corporation of South Carolina, Landowner, and Edisto Farm Credit, ACA, Mortgagee, Other Condemnees, of whom First Carolina Corporation of South Carolina isAppellant.

Thomas A. Holloway, of Harvey & Battey P.A., of Beaufort and Daniel E. Henderson, of Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., of Ridgeland, for Appellant. B. Michael Brackett, of Moses, Koon and Brackett, of Columbia, for Respondent.

This appeal arises from a condemnation lawsuit. The issue raised on appeal is whether the trial court erred in allowing a deposit of a condemnation judgment in order to stop the accrual of post-judgment interest.

 10:30 a.m.
4202   Myrtle Beach Shrine Club and Omar Shriners, Appellants v. Horry Shrine Club, Inc., Respondent.

J. Rene Josey, of Turner, Padget, Graham & Laney, P.A., of Florence, for Appellants. Howell V. Bellamy, Jr. and Mary Anna Neill, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, PA, of Myrtle Beach, for Respondent.

This appeal involves a dispute between members of a fraternal association regarding a lease.

Tuesday, April 18, 2006
 09:30 a.m.
4204   The State, Petitioner v. Helen Marie Douglas, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, of the Office of the Attorney General and Solicitor David M. Pascoe, all of Columbia, for Petitioner. Jack B. Swerling, of Columbia, for Respondent.

The Court granted a writ of certiorari to review State v. Douglas, 359 S.C. 187, 597 S.E.2d 1 (Ct. App. 2004). Petitioner raises the following issue: Did the Court of Appeals err in reversing the trial judge’s decision to admit evidence of Respondent’s solicitation of life insurance on her husband before his death.

 10:00 a.m.
4205   Perry H. Burrows, Employee, Claimant, Respondent v. The Estate of Laverne Poston, by its Personal Representative, Robert Wayne Poston, d/b/a Poston's Auto Service, Employer, Defendants, and South Carolina Uninsured Employers Fund, Carrier, Petitioner.

Robert Merrel Cook, II, of Law Offices of Ralph S. Kennedy, Jr., of Batesburg-Leesville and Latonya Dilligard Edwards, of Columbia, for Petitioners. Steven Eric Goldberg, of Steinberg Law Firm, of Charleston, for Respondent.

The Court granted certiorari to review a Court of Appeals’ decision holding that the appeal was proper, and that the employer was subject to the Workers Compensation Act because it had four or more employees.

 10:30 a.m.
4206   Judy Vaughan, Appellant v. Town of Lyman, Respondent.

Matthew W. Christian, of Christian Moorhead & Davis, of Greenville, for Appellant. William McBee Smith, of Smith and Haskell Law Firm, of Spartanburg, for Respondent.

Judy Vaughan (Vaughan) brought an action against the Town of Lyman (Lyman) alleging it was negligent in failing to maintain the sidewalks located within its jurisdiction causing her injury. The lower court granted summary judgment to Lyman. Vaughan appealed raising the issues of whether the town has a statutory and common law duty to maintain the sidewalk. Vaughan also raises issues regarding to inclusion of materials in the Record on Appeal.

Wednesday, April 19, 2006
 09:30 a.m.
4207   WRB Limited Partnership, a South Carolina Limited Partnership, Appellant v. County of Lexington, Respondent.

D. Reece Williams, III and Jennifer N. Stone, both of Callison Tighe & Robinson, LLP, of Columbia, for Appellant. Jeffrey M. Anderson, Lisa Lee Smith and Matthew D. Sullivan, all of Nicholson, Davis, Frawley, Anderson & Ayer, of Lexington, for Respondent.

This is an inverse condemnation case involving the issue whether there was an affirmative act by the government entity.

 10:00 a.m.
4208   The State, Respondent v. Ericko Travell Harley, Appellant.

Joshua Snow Kendrick and Debra Yvonne Chapman, both of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Norman Mark Rapoport, of Office of the Attorney General, of Columbia and Solicitor Robert M. Ariail, of Greenville, for Respondent.

Harley was conviced of trafficking in cocaine. The issues on appeal involve whether the trial court erred in denying Harley’s motion to suppress the drugs, and whether the court erred in denying his motion for a directed verdict.

 10:30 a.m.
4209   Butler Contracting, Inc., Respondent/Appellant v. Court Street LLC, Morris Construction Company, and Central Carolina Bank, Defendants, Of Whom Court Street LLC and Morris Construction Company are, Appellants/Respondents.

Thomas Elihue Dudley, III and John T. Crawford, Jr., both of Kenison and Dudley, of Greenville, for Appellants-Respondents. Craig Horger Allen, of Greenville, for Respondent-Appellant.

This appeal raises issues related to a mechanic’s lien. Court Street, LLC, and Morris Construction Co., the owner and contractor on a renovation project in Greenville, appeal the trial judge’s ruling that Butler Contracting, Inc., a subcontractor on the project, timely served and filed a mechanic’s lien. Court Street and Morris Construction also allege error in the trial judge’s failure to rule that Morris Construction was entitled to an offset for self-performed work that was the responsibility of Butler Contracting; the trial judge’s failure to rule that Morris Construction was entitled to an offset for backcharges resulting from Butler Contracting’s failure to complete punch list items; and the trial judge’s award of attorney’s fees to Butler Contracting. In turn, Butler Contracting appeals the trial judge’s denial of its request for prejudgment interest on the amount it was owed.

 

Cases to be Submitted Without Oral Argument

George Langford Douglas, Petitioner v. State of South Carolina, Respondent.

Frank Anthony Barton, of West Columbia and South Carolina Office of Appellate 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, of Office of the Attorney General, of Columbia, for Respondent.

Silas Smith, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Salley W. Elliott, of Office of the Attorney General, of Columbia, for Petitioner. Deputy Chief Attorney Wanda H. Carter, of Office of Appellate Defense, of Columbia, for Respondent.

The State, Respondent v. William E. Downs, Jr., 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 and Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, for Respondent.