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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.
Wednesday, April 17, 2019
Coastal Carolina, Conway
 10:00 a.m. (Time Limits: 15-15-5)  
2018-001170   In re: Mt. Hawley Insurance Company, Petitioner, In Which Contravest, Inc., Contravest Construction Company and Plantation Point Horizontal Property Regime Owners Association, Inc., as assignees, are Respondents.

C. Mitchell Brown, William C. Wood, Jr., and Blake T. Williams, all of Nelson Mullins Riley & Scarborough LLP, all of Columbia; and Andrew K. Epting, Jr., of Andrew K. Epting, Jr., LLC, of Charleston, for petitioner. Jesse A. Kirchner, Michael A. Timbes and Thomas J. Rode, all of Thurmond, Kirchner & Timbes, P.A., of Charleston, for respondents. Gray T. Culbreath and Janice Holmes, both of Gallivan, White & Boyd, of Columbia, for amici curiae American Property Casualty Insurance Association of America and The South Carolina Insurance Association. Bert G. Utsey, III of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Charleston; and J. Ashley Twombley, of Twenge & Twombley, of Beaufort, amicus curiae for the South Carolina Association for Justice

The United States Court of Appeals for the Fourth Circuit has certified a question of law to this Court pursuant to Rule 244, SCACR.

 10:30 a.m. (Time Limits: 15-15-5)  
2018-001671   The State, Petitioner, v. Steven Otts, Respondent.

Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown, Assistant Attorney General J. Anthony Mabry and Assistant Attorney General Susannah R. Cole, all of Columbia and Solicitor S. R. Hubbard, III, of Lexington, for Petitioner. Appellate Defender Susan B. Hackett, of Columbia, for Respondent.

In this appeal concerning the propriety of a "defense of others" charge, the State asserts the court of appeals erred in reversing the trial court's decision to instruct the jury on the charge. At trial, the State requested the charge, noting it planned to use it in an offensive posture. Defense counsel objected, arguing the "defense of others" is a defense to a criminal charge. The trial court agreed with the State and charged the jury accordingly, and the court of appeals reversed.

Thursday, April 18, 2019
Coastal Carolina, Conway
 09:30 a.m. (Time Limits: 15-15-5)  
2018-001107   Daufuskie Island Utility Company, Appellant, v. South Carolina Office of Regulatory Staff, Haig Point Club and Community Association Inc., Melrose Property Owner's Association, Inc., Bloody Point Property Owner's' Association and Beach Field Properties, Inc., Respondents.

Thomas P. Gressette, Jr. and G. Trenholm Walker, both of Walker Gressette Freeman & Linton, LLC, of Charleston, for Appellant. Jeffrey M. Nelson and Andrew M. Bateman, both of South Carolina Office of Regulatory Staff, of Columbia, John J. Pringle, Jr. and Lyndey R. Z. Bryant, both of Adams and Reese, LLP, of Columbia, for Respondents.

In this direct appeal, Daufuskie Island Utility Co. appeals the order of the Public Service Commission regarding the adjustment of a public utility rate under Title 58 of the South Carolina Code.

 10:00 a.m. (Time Limits: 10-10-5)  
2018-001677   Scott Ledford, Employee, Petitioner, v. Department of Public Safety, Employer, and State Accident Fund, Carrier, Respondents.

E. Hood Temple, of Hatfield Temple, L.L.P., of Florence and J. Kevin Holmes, of The Steinberg Law Firm, L.L.P., of Charleston, for Petitioner. Sarah C. Sutusky and J. Gabriel Coggiola, both of Willson, Jones, Carter & Baxley, P.A., of Columbia, for Respondents.

The Court granted Ledford's petition for a writ of certiorari to review the Court of Appeals' decision in Ledford v. Dep't of Pub. Safety, Op. No. 2018-UP-280 (S.C. Ct. App. filed June 27, 2018), in which the court affirmed the Appellate Panel of the Workers' Compensation Commission and held: (1) the single commissioner was not required to recuse herself; (2) the Appellate Panel's decision to reverse the single commissioner's ruling to overrule the unappealed findings of a prior single commissioner was supported by substantial evidence; and (3) substantial evidence supported the Appellate Panel's findings that Ledford was not credible and his landscaping business remained lucrative following the injury.


Cases to be Submitted Without Oral Argument

Anthony Marquise Martin, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Senior Assistant Deputy Attorney General Megan Harrigan Jameson, both of Columbia, for Respondent.

Demetrius Smalls, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine H. Hudgins, of Columbia, for the Petitioner. Attorney General Alan M. Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for the Respondent.

Eugene A. Gardner, III, Petitioner, v. State of South Carolina, Respondent.

Attorney General Alan M. Wilson and Assistant Attorney General Johnny Ellis James, Jr., both of Columbia, for Petitioner. Appellate Defender David Alexander, of Columbia, for Respondent.