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April 2008 |
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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, 2008 | |
09:30 a.m. | |
4543 David Mark Hill, Petitioner, v. State of South Carolina, Respondent. David Warren Miller, of Smith, Massey, Brodie, Thurmond & Guynn, of Aiken, and Melissa Jane Reed Kimbrough, of Kimbrough & Taggart, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Assistant Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Melody J. Brown, all of Office of the Attorney General, of Columbia, for Respondent. In this death penalty post-conviction relief matter, the issue is whether petitioner is competent to waive his PCR proceedings and be executed, and whether such waiver is voluntary and knowing.
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10:00 a.m. | |
4544 The State, Respondent, v. James A. Summersett, Jr., Petitioner. Jack B. Swerling, of Columbia, and Katherine Carruth Link, of West 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 Melody J. Brown, all of Office of the Attorney General, of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Respondent. The Court granted certiorari to consider a Court of Appeals decision affirming petitioner’s murder conviction.
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10:30 a.m. | |
4545 In the Matter of William Gary White, III, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel C. Tex Davis, Jr., both of Columbia, for Office of Disciplinary Counsel. Irby E. Walker, Jr., of Conway, for Respondent. This is an attorney disciplinary matter.
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Wednesday, April 2, 2008 | |
09:30 a.m. | |
4546 Town of Summerville, Appellant, v. City of North Charleston, Respondent. Jack M. Scoville, Jr., of Georgetown, for Appellant. Derk Van Raalte and J. Brady Hair, both of North Charleston, for Respondent. The trial court held that the Town of Summerville failed to comply with the statutory command that it post notice of a public hearing not less than thirty days prior to annexing property. The Town of Summerville appealed.
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10:00 a.m. | |
4547 Ex Parte: George W. Gregory, Jr., Appellant. IN RE: Annie B. Melton, guardian ad litem for Jerry Bittle, a mentally incompetent adult, Plaintiff, v. Gerald Malloy, Respondent. Lawrence B. Orr, of Orr, Elmore & Ervin, of Florence, for Appellant. Desa A. Ballard and Stephanie Weissenstein, both of Law Offices of Desa Ballard, of West Columbia, for Respondent. This case involves the issues of whether the circuit court erred by finding a suit against respondent was frivolous because insufficient investigation had been conducted by appellant and whether the court erred by awarding, as sanctions, attorney fees and expenses which exceeded that provided for in the Frivolous Civil Proceedings Sanctions Act.
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10:30 a.m. | |
4548 The State of South Carolina, Respondent, v. Colie G. Martin, Jr., and Colie G. Martin, III, Appellants. Brian C. Gambrell, of Hamilton & Associates, of Columbia, for Appellants. John F. Kuppens, Joann E. Johnston and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, of Columbia, and Assistant Solicitor Jill C. Andrews, of Columbia, for Respondent. In this animal cruelty case, horses were seized pursuant to a search warrant. Appellants challenge inter alia the circuit court’s reversal of the magistrate’s decision that the horses were improperly seized.
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Thursday, April 3, 2008 | |
09:30 a.m. | |
4549 The State, Respondent, v. Derringer Young, Petitioner. Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David Spencer, all of Office of the Attorney General, of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Respondent. The Court granted certiorari to review the Court of Appeals’ decision in State v. Young, 364 S.C. 476, 613 S.E.2d 386 (Ct. App. 2005). The issue is whether evidence of prior convictions was properly admitted to impeach petitioner under Rules 403 and 404, SCRE.
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10:00 a.m. | |
4550 Delmore Cain, Appellant, v. Nationwide Property and Casualty Insurance Company, Respondent. Gary W. Popwell, Jr., of Lee Eadon Isgett & Popwell, of Columbia, for Appellant. J.R. Murphy, of Murphy & Grantland, of Columbia, for Respondent. In this automobile insurance case involving an at-fault State vehicle, the question is whether the proper interpretation of section 15-78-190 (2000) of the South Carolina Code is that plaintiffs whose damages exceed the maximum damages allowed under the Tort Claims Act may then recover under: (1) both their underinsured and uninsured motorist sections in their policies, regardless of the status of the at-fault vehicle; or (2) either the underinsured or uninsured section of the policy, depending on which section defines the at-fault vehicle.
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10:30 a.m. | |
4551 The State, Respondent, v. Cedric Emmanuel Perkins, Appellant. Kenneth Clifton Gibson, of Greenville, for Appellant. Solicitor Robert M. Ariail and Deputy Solicitor Betty C. Strom, of Greenville, for Respondent. This case involves whether the trial court erred in terminating the defendant from the 13th Circuit Solicitor’s drug court program.
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Tuesday, April 15, 2008 | |
09:30 a.m. | |
4553 Edward D. Sloan, Jr., individually and on behalf of all others similarly situated, Appellant, v. The Department of Transportation, an agency of the State of South Carolina and the Commission of the Department of Transportation, Tee Hooper, Jr., Robert W. Harrell, John N. Hardee, Marion P. Carnell, William C. Turner, Bobby T. Jones, and J.M. Truluck, in their official capacities as Commissioners thereof, Respondents. James G. Carpenter and Jennifer J. Miller, both of the Carpenter Law Firm, of Greenville, for Appellant. Charles E. Carpenter, Jr., and Carmen Vaughn Ganjehsani, both of Carpenter Appeals and Trial Support, LLC, of Columbia, for Respondent. This case involves a challenge to the use of an emergency procurement.
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10:00 a.m. | |
4554 The State, Appellant, v. Eston Groome, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie M. Thames, all of Office of the Attorney General, of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Appellant. James H. Price, III, of Price, Ashmore & Beasley, of Greenville, and J. Falkner Wilkes, of Greenville, for Respondent. The State appeals an order granting the respondent’s motion to suppress evidence found after he was stopped at a driver’s license checkpoint.
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Wednesday, April 16, 2008 | |
09:30 a.m. | |
4555 The State, Respondent, v. Michael D. Thrift, Appellant. Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie M. Thames, all of Office of the Attorney General, of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent. In this direct appeal from a guilty plea, Thrift argues the plea judge erred by instructing him that he had the right to appeal if he disagreed with the proceedings. Appellate counsel further urges the Court to adopt a new procedure in direct appeals of guilty pleas.
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10:00 a.m. | |
4556 Rodney L. Zurcher, Appellant, v. Richard J. Bilton, individually and as agent and servant of Woody Bilton Ford, Inc. and Woody Bilton Ford, Inc., Respondents. Timothy A. Domin and Michael B. McCall, II, both of Clawson & Staubes, LLC, of Charleston, for Appellant. E. Warren Moise, of Grimball & Cabaniss, of Charleston, for Respondents. In this case, Appellant argues that his Alford plea entered in magistrates court for one count of assault does not preclude him from denying liability in a subsequent civil action arising from the same incident as the assault charge.
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10:30 a.m. | |
4557 Clay Drummond, individually, and on Behalf of a Class of Others Similarly Situated, designated as Diabetic Products Purchasers Class (DPPC), Appellants, v. State of South Carolina and South Carolina Department of Revenue, Respondents. Gregory Milam Alford, of Alford & Wilkins, of Hilton Head Island, Donald E. Jonas, of Cotty and Jonas, of Columbia, and Gary W. Poliakoff, of Poliakoff & Associates, of Spartanburg, for Appellant. Ronald W. Urban and Milton G. Kimpson, both of South Carolina Department of Revenue, of Columbia, and John J. Pringle, Jr., and John Thomas Lay, both of Ellis Lawhorne & Sims, of Columbia, for Respondents. This putative class action seeks damages for the Department of Revenue's promulgation of regulations regarding the sales tax exemption for diabetic supplies. The class representative appeals the grant of the department's motion for summary judgment.
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Cases to be Submitted Without Oral Argument | |
Tony A. Peterson, Petitioner, v. State of South Carolina, Respondent. |
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Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, all of Office of the Attorney General, of Columbia, for Respondent. |
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Jerome Primus, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent 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, all of Office of the Attorney General, of Columbia, for Respondent. |
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Bruce Randall Miller, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, all of Office of the Attorney General, of Columbia, for Respondent. |
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Tyrone Shumpert, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Julie M. Thames, all of Office of the Attorney General, of Columbia, for Respondent. |
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Jeremy Tisdale, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Matthew J. Friedman, all of Office of the Attorney General, of Columbia, for Respondent. |