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May 2007 |
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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 1, 2007 | |
09:30 a.m. | |
4384 James Earl Reed, Petitioner v. Jon Ozmint, Director, South Carolina Department of Corrections, Respondent. Teresa L. Norris, of Blume, Weyble & Norris, 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 Office of the Attorney General, of Columbia, for Respondent. Petitioner was convicted of murdering his former girlfriend’s parents and was sentenced to death. Petitioner has filed a post-conviction relief (PCR) application, but now seeks to waive his right to pursue PCR and further appeals. The issues presented to the Supreme Court are whether the circuit judge erred in ruling Petitioner is mentally competent to waive the right to pursue PCR and the right to counsel and whether Petitioner’s competency should be re-evaluated prior to any execution.
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10:00 a.m. | |
4385 Kay Runay Beneventano, Appellant v. Michael Gonzalez and Jenner Trucking & Construction, Inc., Respondents. Max G. Mahaffee, of Grimball & Cabaniss, P.A., of Charleston and Michael David Wood, of Charleston, for Appellant. Kirby D. Shealy, III, of Baker, Ravenel & Bender, L.L.P., of Columbia, for Respondents. This cases arises out of an automobile accident. Appellant argues she is entitled to a new trial based on the trial judge’s error in excluding opinion testimony by the president of the respondent corporation.
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10:30 a.m. | |
4386 Carol S. Strickland, Appellant/Respondent v. Krom Strickland, Respondent/ Appellant. S. Bryan Doby, of Jennings & Jennings, P.A., of Bishopville, for Appellant/ Respondent. Paul M. Fata, of Stuckey, Fata & Segars, of Bishopville, for Respondent/Appellant. In this alimony case, Wife appeals the trial court’s ruling that her claims to enforce an alimony award were barred by the doctrine of laches. Husband in turn appeals the trial court’s ruling that he did not show by a preponderance of the evidence that Wife has continuously cohabitated with another for a period of ninety or more days thereby terminating Husband’s alimony payments to her.
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Wednesday, May 2, 2007 | |
09:30 a.m. | |
4395 The State, Respondent v. John Marcus Stevens, Appellant. Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Assistant Chief Legal Counsel John Benjamin Aplin, of South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Respondent. The issue in this direct appeal is whether appellant’s probation may be revoked for violating a condition not imposed by a judge, but agreed to by him and the Department of Probation, Pardon and Parole
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10:00 a.m. | |
4388 The State, Respondent v. Donald Loren Smith, Appellant. Chief Attorney 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, Senior Assistant Attorney General Norman Mark Rapoport and Assistant Attorney General Jason P. Peavy, all of Office of the Attorney General, of Columbia, for Respondent. In this direct criminal appeal, appellant argues the trial court erred in denying his motion to suppress drug evidence seized pursuant to a search warrant.
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10:30 a.m. | |
4389 Starr Gadson, by her Guardian ad Litem Kathy Gadson, Respondent v. ECO Services of South Carolina, Inc. and Joseph Jenkins, Defendants, of whom Joseph Jenkins is Petitioner. Joseph R. Weston, of Weston Law Firm, of Mt. Pleasant, for Petitioner. Daniel E. Henderson, of Peters, Murdaugh, Parker, Elztroth & Detrick, of Ridgeland, for Respondent. This case addresses the issues of negligent entrustment and whether post-trial motions were properly dismissed.
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Thursday, May 3, 2007 | |
09:30 a.m. | |
4390 Willie Earl Dodd, Employee, Respondent v. Exide Battery Corporation, Employer, and Risk Enterprise Management, Petitioners. David A. Wilson and Michael A. Farry, both of Horton, Drawdy, Ward & Jenkins, of Greenville, for Petitioners. Eddie R. Harbin, of Greenville, for Respondent. The Court granted certiorari to review the Court of Appeals’ decision in Dodd v. Exide Battery Corp., Op. No. 2000-UP-511 (S.C. Ct. App. filed June 29, 2000), involving the full commission’s order to remand the case for further evidence.
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10:00 a.m. | |
4391 John Doe and Jane Doe, Appellants v. Greenville County School District, Respondent. Gregg E. Meyers, of Charleston, for Appellants. Christopher R. Antley, of Devlin & Parkinson, of Greenville, for Respondent. John Doe and Jane Doe appeal the order of the trial court dismissing their claims against the School District of Greenville County arising out of a sexual relationship between their minor daughter and a substitute teacher.
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10:30 a.m. | |
4392 The State, Respondent v. Grover Rye, Appellant. Katherine Carruth Link, of West Columbia, and Kenneth M. Mathews, of Columbia, for Appellant. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent. This criminal case raises several issues of trial error including issues related to failure to grant a directed verdict, failure to charge proposed charges, prosecutorial misconduct, admissibility of a sketch of the crime scene, and issues regarding witness testimony.
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Tuesday, May 22, 2007 | |
09:30 a.m. | |
4360 Christine Callahan, Claimant, Respondent v. Beaufort County School District, Employer and South Carolina School Boards Insurance Trust, Appellants. Kirsten Leslie Barr, of Trask & Howell, of Mt. Pleasant, for Appellants. William B. Harvey, III, of Harvey & Battey, of Beaufort, for Respondent. This worker’s compensation case involves the requirements for notice of a third-party action as required by S.C. Code Ann. § 42-1-560.
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10:00 a.m. | |
4393 Davenport Properties, a S.C. General Partnership, Appellant v. South Carolina Department of Transportation, Connector 2000 Association, Inc., Interwest Carolina Transportation Group, LLC, and Interwest Management, Inc., Respondents. Howard W. Paschal, Jr., of Price, Paschal & Ashmore, PA, of Greenville, for Appellant. Beacham O. Brooker, Jr., of Columbia, for Respondent South Carolina Department of Transportation. Peter A. Rutledge and J. Richard Kelly, both of Leatherwood, Walker, Todd & Mann, of Greenville, for Respondents Connector 2000 Association, Inc., Interwest Carolina Transportation Group, LLC and Interwest Management, Inc. This an appeal from an order of the trial court granting the South Carolina Department of Transportation summary judgment and holding that appellants had not suffered a taking by virtue of the alteration of a road intersection near their property, which housed an automobile dealership at the intersection of Standing Springs Road and State Highway 276 between Mauldin and Simpsonville.
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10:30 a.m. | |
4394 The State, Respondent v. Kristopher M. Miller, Petitioner. Appellate Defender LaNell DuRant, 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 Deborah R. J. Shupe, all of Office of the Attorney General, of Columbia, and Solicitor Christina Theos Adams, of Anderson, for Respondent. This case addresses the issue of whether the lower court lacked jurisdiction to accept Petitioner’s guilty pleas because the family court erroneously waived jurisdiction.
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Wednesday, May 23, 2007 | |
09:00 a.m. | |
4387 Anthony Enriquez, Respondent v. South Carolina Department of Corrections, Appellant. Andrew F. Lindemann, of Davidson, Morrison & Lindemann, of Columbia, and Andrew Foster McLeod, of Harris, McLeod & Ruffner, of Cheraw, for Appellant. John B. Shupper, of Columbia, for Respondent. This is an appeal from an order imposing sanctions for failing to produce documents.
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09:30 a.m. | |
4421 Ex Parte: A-1 Bail Bonding Company (Surety), Petitioner. In Re: The State, Respondent v. Fredrick Larue, Defendant. Andrew F. Litvin, of Columbia, for Petitioner. Solicitor Robert M. Ariail and Assistant Solicitor Dennis J. Sims, both of Greenville, for Respondent. This is a bond estreatment case.
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10:00 a.m. | |
4397 The State, Respondent v. David Brian Yeni, Appellant. Chief Attorney 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, Senior Assistant Attorney General Norman Mark Rapoport, all of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent. Appellant claims error in the trial court's refusal to charge simple assault and battery as a lesser included offense of ABHAN.
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Cases to be Submitted Without Oral Argument | |
Ben L. Mitchell, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Colleen E. Dixon, all of Office of the Attorney General, of Columbia, for Petitioner. Assistant Appellate Defender Aileen P. Clare, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Keith Bratcher, Petitioner v. State of South Carolina, Respondent. |
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Deputy Chief Attorney 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 and Assistant Deputy Attorney General Salley W. Elliott, all of Office of the Attorney General, of Columbia, for Respondent. |
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Tomerio Williams, 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 Lance S. Boozer, all of Office of the Attorney General, of Columbia, for Respondent. |
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Kimberly H. Hubbard and John Hubbard, Respondents v. Jack R. Owens, Marlboro County Farm Bureau, Ace Property and Casualty Insurance Company, Defendants, of whom Jack R. Owens is the Appellant. |
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Ronald J. Tryon and Michael E. Kozlarek, both of Parker, Poe, Adams & Bernstein, LLP, of Columbia, for Appellant. James C. Rushton, III, of Hyman Law Firm, of Florence, for Respondents. |