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May 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, May 13, 2003 | |
09:30 a.m. | |
3689 P. Kenneth Huggins, Jr., Plaintiff v. Citibank, N.A., Capital One Services, Inc., and Premier Bankcard, Inc., Defendants. Richard A. Harpootlian, of Columbia; and James B. Richardson, Jr., of Richardson & Birdsong, of Columbia, for Plaintiff. Marcus A. Manos, of Nexsen, Pruet, Jacobs & Pollard, of Columbia; Burt M. Rublin and John K. Semler, Jr., both of Ballard, Spahr, Andrews & Ingersoll, of Philadelphia, PA, for Defendants Citibank and Capital One Services, Inc. Stephen P. Groves and Howard Michael Bowers, both of Nexsen, Pruet, Hacobs, Pollard & Robinson, of Charleston; and Roberto A. Lange, of Davenport, Evans, Hurwitz & Smith, of Souix Falls, SD, for Defendant Premier Bankcard, Inc. James Bernard Spears, Jr., of Haynsworth, Baldwin, Johnson & Greaves, of Columbia, for Defendant Dillard National Bank. John T. Moore, B. Rush Smith, III, both of Nelson, Mullins, Riley & Scarborough, of Columbia; L. Richard Fischer, Oliver I. Ireland, Beth S. Brinkmann and Seth M. Galanter, all of Morrison & Foerster, of Washington, D.C., for Amici Curiae American Bankers Association, American Financial Services Association, America's Community Bankers, Consumer Bankers Association, The Financial Services Roundtable, Mastercard International Inc. and Visa U.S.A., Inc. Issue: The Court granted the following certified question: Does South Carolina law recognize the tort of Negligent Enablement of Imposter Fraud? If so, what are the elements of the tort and does plaintiff's complaint state an actionable claim for the tort?
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10:00 a.m. | |
3690 The State, Respondent v. James Carson Rice, Appellant. Assistant Appellate Defender Eleanor Duffy Cleary, 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 Thomas E. Pope, of York, for Respondent. The two issues before the Court in this criminal case are whether appellant was entitled to a directed verdict on the charges of exploiting a vulnerable adult and whether the sentence imposed was cruel and unusual.
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10:30 a.m. | |
3691 Richard Dukes, Employee, Respondent v. Rural Metro Corporation, Employer, and Reliance National Indemnity Co., Carrier, Petitioners. Kirsten Leslie Barr, of Trask & Howell, of Mt. Pleasant, for Petitioner. Daniel A. Beck and Etta K. Simons Collins, both of Asbill & Beck, of Charleston, for Respondent. Insurance company asserts that the Court of Appeals erred in affirming the Worker's Compensation Commission's determination that an employee who was injured on a "smoke break" may receive total disability benefits.
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Wednesday, May 14, 2003 | |
09:30 a.m. | |
3693 Case No: 1999-CP-46-00534 Voncorie Jermal Barnette and Marlos Dupree Barnette, minors under the age of eighteen years, by Willie M. Barnette and Evelyn G. Barnette, their Parents and General Guardians, Appellants v. Adams Brothers Logging, Inc. and Dan Frederick Little, Respondents. Case No: 1999-CP-46-00883 Evelyn G. Barnette, Appellant v. Adams Brothers Logging, Inc. and Dan Frederick Little, Respondents. Case No: 1999-CP-46-00889 Willie M. Barnette, Appellant v. Adams Brothers Logging, Inc. and Dan Frederick Little, Respondents. Mitchell K. Byrd, of Byrd & Byrd, of Rock Hill, for Appellants. Mark S. Barrow and William R. Calhoun, Jr., both of Sweeny, Wingate & Barrow, of Columbia, for Respondents. This is an auto accident negligence case. The trial court ruled the testimony of certain experts would be excluded due to the parties failure to comply with time deadlines established in a pre-trial scheduling conference. The court ultimately dismissed the plaintiffs' cases as a sanction for failing to cooperate in court ordered discovery. The plaintiffs appeal.
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10:00 a.m. | |
3694 Ed Robinson Laundry and Dry Cleaning, Inc., et al., Appellants v. South Carolina Department of Revenue and the State of South Carolina, Respondent. A. Camden Lewis and Thomas A. Pendarvis, both of Lewis, Babcock & Hawkins, of Columbia; Gary W. Poliakoff, of Poliakoff, Poole & Associates, of Spartanburg; R. Bryan Harwell, of Harwell, Ballenger, Barth & Hoefer, of Florence; and William J. Quirk, of University of South Carolina School of Law, of Columbia, for Appellants. Harry T. Cooper, Ronald W. Urban, Milton G. Kimpson and Leonard P. Odom, all of South Carolina Department of Revenue and Taxation, of Columbia, for Respondents. Addresses whether the law requiring dry cleaners to pay a sales tax on services rendered violates the Equal Protection Clause.
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10:30 a.m. | |
3695 South Carolina Coastal Conservation League and Sierra Club, Respondents v. South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, Port Royal Plantation and the Town of Hilton Head Island, Petitioners. Leslie West Stidham, of South Carolina Department of Health and Environmental Control, of Charleston; and Curtis L. Coltrane, of Coltrane, Alford & Wilkins, of Hilton Head Island, for Petitioners. James S. Chandler, Jr., of South Carolina Environmental Law Project, of Pawleys Island, for Respondent. The Court granted certiorari to consider whether the Court of Appeals erred in holding that DHEC lacked the authority to issue groin permits under the pre-2002 version of the Beachfront Management Act.
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11:00 a.m. | |
3696 Reather B. Tilley, Willis E. Wood, Owena R. Wood, Louise Williams, on behalf of themselves and all others similarly situated, Respondents-Appellants v. Pacesetter Corporation, Appellant-Respondent. Terry E. Richardson, Jr., and Daniel Scott Haltiwanger, of Richardson, Patrick, Westbrook & Brickman, of Barnwell; and Daryl L. Williams, of Jeter & Williams, of Columbia, for Appellant-Respondent. Bradford P. Simpson, Randall Dong, D. Michael Kelly and Michael J. Cone, all of Suggs & Kelly, of Columbia; Daniel W. Williams, of Bedingfield & Williams, of Barnwell; C. Bradley Hutto, of Williams & Williams, of Orangeburg; Steven W. Hamm, of Richardson, Plowden, Carpenter & Robinson, of Columbia; and T. Alexander Beard, of Beard Law Offices, of Mt. Pleasant, for Respondent-Appellant. In this attorney/insurance agent class action, this Court previously affirmed summary judgment in favor of plaintiffs on the issue of liability. The case is now before the Court again to resolve several issues raised after the trial court's determination of damages.
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Thursday, May 15, 2003 | |
10:00 a.m. | |
3699 The State, Petitioner v. Harold D. Knuckles, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General David A. Spencer, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Petitioner. Katherine Carruth Link, of Columbia; and South Carolina Office of Appellate Defense, of Columbia, for Respondent. Whether an indictment for DUI must state the defendant was "materially and appreciably impaired" to obtain subject matter jurisdiction.
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10:30 a.m. | |
3700 In the Matter of Maria Reichmanis, Respondent. (200222631) Disciplinary Counsel Henry B. Richardson, Jr., of Columbia, for the Office of Disciplinary Counsel. Maria Reichmanis, of Aiken, pro se. This is a request for reciprical discipline.
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11:00 a.m. | |
3705 In the Matter of Maria Reichmanis, Respondent. (200325526) (01-DE-L-411 and 01-DE-L-962) Disciplinary Counsel Henry B. Richardson, Jr. and Barbara M. Seymour, both of Columbia, for the Office of Disciplinary Counsel. Maria Reichmanis, of Aiken, pro se. This attorney disciplinary matter involves instances of neglect and failure to respond to Disciplinary Counsel's inquiries.
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Wednesday, May 28, 2003 | |
09:30 a.m. | |
3701 South Carolina Department of Social Services, Respondent v. Kimberly Cochran and Bobby Cochran, Defendants, of whom Kimberly Cochran is the Appellant. In the Interest of: Tyler Dane Cochran, DOB: 8-30-93 Minor child under the age of 18 years. Kimberley Elizabeth Campbell, of Patrick & Chandler, of Surfside Beach, for Appellant. Celeste Moore, of South Carolina Department of Social Services, of Columbia, for Respondent. Melissa Meyers Frazier, of Wylie & Frazier, of North Myrtle Beach, for Guardian Ad Litem. Mother appeals the family court's decision to terminate her parental rights of her child because she has a diagnosed drug addiction, because the child has been in foster care for 15 of the last 22 months, and because the termination would be in the child's best interest.
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10:00 a.m. | |
3702 Toler's Cove Homeowners Association, Inc., Plaintiff v. Trident Construction Company, Inc., Defendant. Trident Construction Company, Inc., Respondent v. Ball Corporation, Proper Seal, Inc., L.A. Metz, Inc., and Tynes Associates, Inc., Third Party Defendants, of whom Ball Corporation is Appellant. Morgan S. Templeton, of Elmore & Wall, of Charleston, for Appellant. Perrin Q. Dargan, III, and Paul E. Sperry, both of Robertson & Hollingsworth, of Charleston; and Andrew K. Epting, Jr., of Pratt-Thomas, Epting & Walker, of Charleston, for Respondent. This is an appeal from an order granting a motion to compel arbitration. The issues involved are whether the order is immediately appealable, whether respondent waived its right to compel arbitration, and whether the enforcement of the arbitration clause is unconscionable.
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10:30 a.m. | |
3703 In The Matter Of The Care And Treatment Of Peter E. J. Harvey, Appellant. Tara Dawn Shurling, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Treva Ashworth, Assistant Attorney General Deborah R. J. Shupe and Assistant Attorney General Steven R. Heckler, all of Columbia, for Respondent. This is a direct appeal from two trials conducted pursuant to the Sexually Violent Predator Act.
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11:00 a.m. | |
3704 The State, Respondent v. Emory Alvin Michau, Jr., a/k/a Alvin Emory Michau, Appellant. Chief Attorney Daniel T. Stacey, 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, Assistant Attorney General W. Rutledge Martin, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent. This is a criminal appeal in which the appellant challenges 1) whether the trial judge erred by failing to quash the contributing to the delinquency of a minor indictment on the grounds the underlying statute was void for vagueness and 2) whether the trial judge erred by admitting propensity evidence.
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Thursday, May 29, 2003 | |
09:30 a.m. | |
3709 Charles Edward Davis, Petitioner v. Mary Lu Davis, Respondent. Douglas Kosta Kotti, of Columbia; and Timothy S. Mirshak, of Augusta, GA, for Petitioner. C. Dixon Lee, III, of McLaren & Lee, of Columbia; and Vicki Johnson Snelgrove, of Johnson, Johnson, Whittle & Snelgrove, of Aiken, for Respondent. James L. Verenes, of Fox & Verenes, of Aiken, Guardian Ad Litem. This case determines whether the Court of Appeals properly reversed the family court's grant of custody to Father based primarily on Mother's intention to relocate within the state.
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10:00 a.m. | |
3707 William Allen Benton, Petitioner v. Charles William Manker and Cashin Construction Company, Respondents. R. Thayer Rivers, Jr., of Ridgeland, for Petitioner. Donna Seegars Givens and Darra James Vallini, both of Woods & Givens, of Lexington, for Respondents. This case involves tolling of the statute of limitations in a tort suit against an out-of-state driver.
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10:30 a.m. | |
3706 The State, Respondent v. Tony Jerome LaCarter, Appellant. Paul Andrew Anderson, of Maxwell & Anderson, of Aiken, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Treva Ashworth, Assistant Attorney General Deborah R. J. Shupe and Assistant Attorney General Steven R. Heckler, all of Columbia, for Respondent. Appellant, Tony Jerome LaCarter, challenges the constitutionality of the Sexually Violent Predator Act (“Act”) (S.C. Code Ann. § 44-48-10 et seq.), and the jury’s finding that he should be committed indefinitely pursuant to the Act as a Sexually Violent Predator.
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Cases to be Submitted Without Oral Argument | |
Marlon T. Bannister, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Tara S. Taggart, of 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 Donald J. Zelenka, all of Columbia, for Respondent. |
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Joseph R. Lee, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Robert M. Dudek, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General Allen Bullard and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent. |
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Walter Moultrie, III, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Petitioner. Harry Leslie Devoe, Jr., of New Zion, for Respondent. |
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David Jackson, 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 Allen Bullard and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Petitioner. J Falkner Wilkes, of Meglic & Wilkes, of Greenville, for Respondent. |
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John H. Williams, Petitioner v. State of South Carolina, Respondent. |
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Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General Allen Bullard and Assistant Attorney General W. Bryan Dukes, all of Columbia, for Respondent. |