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May 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, May 6, 2008 | |
09:30 a.m. | |
4563 The State, Respondent, v. Samuel Stokes, Appellant. Tommy A. Thomas and Tricia A. Blanchette, both of Thomas & Worthy, of Irmo, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. This is a direct criminal appeal from a murder conviction where the issues involve evidence admitted under Rule 404(b), SCRE, and the Confrontation Clause.
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10:00 a.m. | |
4564 Michael Scott B. and Andrea M., Respondents, v. Melissa M., Everett H., and Dylan and Grace, Minors Under the Age of Seven (7) Years, Defendants, of whom Melissa M. is Petitioner. Richard H. Rhodes, of Burts, Turner, Rhodes & Thompson, of Spartanburg and Joseph K. Maddox, Jr., of Spartanburg, for Petitioner. James Fletcher Thompson, of Spartanburg, for Respondents. Susan A. Fretwell, of Spartanburg, Guardian Ad Litem. Petitioner argues the Court of Appeals erred by vacating the family court’s order which awarded her attorney’s fees.
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10:30 a.m. | |
4565 Sonoco Products Company, Respondent, v. South Carolina Department of Revenue, Appellant. Ronald W. Urban, Joe S. Dusenbury and Carol I. McMahan all of South Carolina Department of Revenue, of Columbia, for Appellant. Frank W. Cureton, of Haynsworth Sinkler Boyd, of Columbia, for Respondent. The South Carolina Department of Revenue appeals the circuit court’s order finding Respondent is entitled to a property tax refund on the ground Respondent’s office buildings are not contiguous to its plant site and, thus, are entitled to a six percent assessment ratio.
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Wednesday, May 7, 2008 | |
09:30 a.m. | |
4566 Historic Charleston Holdings, LLC, Respondent, v. Gerard Mallon, Dixie Holdings, LLC, and Dixie Developers, LLC, Defendants, of whom Gerard Mallon is the Petitioner. Deborah Harrison Sheffield, of Columbia, for Petitioner. Charles Summerall, of Buist, Moore, Smythe & McGee, of Charleston, for Respondent. This appeal arises out of a master-in-equity’s order dissolving a limited-liability company (LLC) made up of two members, Appellant and Respondent. The master ruled that the company’s remaining assets were to be distributed between Appellant and Respondent, and awarded Respondent prejudgment interest and attorneys fees. The Court of Appeals affirmed the master’s judgment, and this Court granted certiorari.
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10:00 a.m. | |
4567 The State, Respondent, v. Michael Light, Petitioner. Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, 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 Donald J. Zelenka, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent. This criminal case involves the issues of whether the trial court erred by denying Light’s request for a charge on involuntary manslaughter and whether the trial court erred by finding Light was not entitled to a jury instruction on self defense.
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10:30 a.m. | |
4568 Phyllis J. Wogan, Individually and as Personal Representative of the Estate of James J. Wogan, Petitioner, v. Kenneth C. Kunze, M.D.; Hilton Head Gastroenterology, P.A.; Thomas P. Rzecycki, M.D.; Hilton Head General and Laparoscopic Surgery, P.A.; Gary W. Thomas, M.D.; and Gary W. Thomas M.D., P.A., Respondents. Samuel S. Svalina and Jennifer I. Campbell, both of Svalina Law Firm, of Beaufort, and Timothy M. Wogan, of Hilton Head Island, for Petitioner. Mary Bass Lohr and James S. Gibson, Jr., both of Howell Gibson & Hughes, of Beaufort, and Elliott T. Halio and Andrew S. Halio, both of Halio & Halio, of Charleston, for Respondents. Lenna S. Kirchner, of Carlock, Copeland, Semler & Stair, of Charleston, and Johannes S. Kingma and John C. Rogers, both of Carlock, Copeland, Semler & Stair, of Atlanta, GA, for Amici Curiae Abram Serotta & Serota, Maddocks, Evans & Co. Frederick A. Crawford and Anthony E. Rebollo, both of Richardson, Plowden & Robinson, of Columbia, for Amicus Curiae South Carolina Association of Certified Public Accountants. This case is on certiorari to the Court of Appeals. The issues involve whether summary judgment was properly granted to the defendant physicians on Wogan’s claims alleging negligence, unfair trade practices, breach of fiduciary duty, and breach of a third-party beneficiary contract, due to the doctors’ alleged failures to file Medicare claims on his behalf. The Court of Appeals affirmed the trial court’s grant of summary judgment, finding Wogan’s claims essentially attempted to create a private right of action under the Medicare Act where none exists.
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Thursday, May 8, 2008 | |
09:30 a.m. | |
4569 The State, Petitioner, v. Jacqueline Mekler, Respondent. 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 Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Petitioner. Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The Court granted certiorari to review the Court of Appeals opinion in State v. Mekler, 368 S.C. 1, 626 S.E.2d 890 (Ct. App. 2005). The Court of Appeals reversed Mekler’s conviction and remanded for a new trial based on the trial judge’s error in refusing to charge involuntary manslaughter and in refusing to allow testimony concerning a prior event involving the victim.
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10:00 a.m. | |
4570 Steven K. Fox, Appellant, v. George C. Moultrie d/b/a George Moultrie & Associates, Charleston County Business License and User Fee Department, Commerce Clearing House, Inc., United States Government acting by and through The Internal Revenue Service, State of South Carolina Department of Revenue, Charleston County, Charleston County Treasurer, Charleston County Tax Collector, John Doe and Mary Doe, also all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint herein, Defendants, of whom State of South Carolina Department of Revenue and Charleston County Business License User Fee Department, Charleston County, Charleston County Treasurer, Charleston County Tax Collector are Appellants and George C. Moultrie d/b/a George Moultrie & Associates, Commerce Clearing House, Inc., United States Government acting by and through The Internal Revenue Service, John Doe and Mary Doe, also all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint herein are Respondents. Joe S. Dusenbury, Jr., of South Carolina Department of Revenue, of Columbia, for Appellant South Carolina Department of Revenue. Patricia M. Ferguson, of Myrtle Beach, for Appellant Steven K. Fox. County Attorney Joseph Dawson, III, Deputy County Attorney Bernard E. Ferrara, Jr., and Assistant County Attorney Bernice M. Jenkins, all of North Charleston, for Appellants Charleston County, et al. Acting United States Attorney Kevin F. McDonald, of Columbia, Assistant United States Attorney Lee Ellis Berlinsky, of Charleston, and Randolph L. Hutter, of Washington, DC, for Respondent United States Government, acting by and through the Internal Revenue Service. This case involves cross-appeals from the master-in-equity’s decision finding a purchaser of property at a delinquent tax sale took the property subject to the Internal Revenue Service’s liens.
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10:30 a.m. | |
4571 ORAL ARGUMENT CONTINUED - Randolph H. Harley, Theresa H. Harley, and Metro Electric Co., Inc., Respondents, v. Ali R. Sayas, Financial Planning Concepts, LLC., MML Investors Services, Inc., C.M. Life Insurance Company, and Massachusetts Mutual Insurance Company, Appellants. H. Donald Sellers and Joel M. Bondurant, Jr., both of Haynsworth Sinkler Boyd, of Greenville, for Appellants MML Investors Services, Inc., C.M. Life Insurance Company and Massachussets Mutual Life Insurance Company. William A. Bryan, Jr., and Christian Stegmaier, both of Collins & Lacy, of Columbia, for Appellants Ali R. Sayas and Financial Planning Concepts. Richard S. Rosen and H. Brewton Hagood, both of Rosen, Rosen & Hagood, of Charleston, for Respondents.
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Wednesday, May 28, 2008 | |
10:30 a.m. | |
4574 The State, Petitioner, v. Henry Poplin, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David A. Spencer, and Solicitor Warren Blair Giese, all of Columbia, for Petitioner. Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The Court granted certiorari to consider a Court of Appeals decision affirming a circuit court order holding that double jeopardy barred Respondent’s retrial.
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11:00 a.m. | |
4552 State of South Carolina, Respondent, v. NV Sumatra Tobacco Trading Co., Appellant. Joel W. Collins, Gray T. Culbreath and Christian Stegmaier, all of Collins & Lacy, of Columbia, and Christopher L. Rissetto and Jason P. Matechak, both of Reed Smith, LLP, of Washington, D.C., for Appellant. Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Office of the Attorney General, of Columbia, for Respondent. This case involves whether the lower court erred by finding South Carolina has personal jurisdiction over an Indonesian tobacco manufacturer for purposes of the Tobacco Escrow Fund Act and whether the lower court properly granted the State’s motion for summary judgment on the merits of the action.
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Thursday, May 29, 2008 | |
09:30 a.m. | |
4576 James W. Myrick, Pinnacle Land and Timber Company, Inc., High Bluff Developers, LLC and Shoreline Investments, Respondents, v. Nexsen, Pruet, Jacobs, Pollard & Robinson, LLP and Neil C. Robinson, Appellants. G. Trenholm Walker, of Pratt-Thomas, Epting & Walker, of Charleston, for Appellants. Eric Steven Bland, of Bland Richter, of Columbia, Ronald L. Richter, Jr., of Bland Richter, of Charleston, William C. Helms, III, John W. Fletcher and Rodney K.E. Mintz, all of Barnwell Whaley Patterson & Helms, of Charleston, for Respondents. This case arises out of a settled legal malpractice action. This dispute involves whether attorneys violated a settlement agreement containing several non-disclosure and confidentiality clauses.
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10:00 a.m. | |
4577 Lakefhia McCrea, Petitioner, v. Jafer Gheraibeh, Respondent. Edward L. Graham, of Graham Law Firm, of Florence, for Petitioner. C. Anthony Harris, Jr., of Harris, McLeod & Ruffner, of Cheraw, for Respondent. This case asks whether the Court of Appeals erred by finding that striking a juror for wearing dreadlocks is a constitutionally permissible basis for exercising a peremptory strike.
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10:30 a.m. | |
4578 Eagle Container Co., LLC and Jeffrey Spotts, as Personal Representative of the Estate of Alfred D. Spotts, Respondents, v. County of Newberry, a political subdivision, and Susie Berry, in her capacity as Zoning Administrator of Newberry County, Petitioners. Hardwick Stuart, Jr., of Berry Quackenbush & Stuart, of Columbia, and George Robert DeLoach, III, of Merritt, Flebotte, Wilson, Webb and Caruso, of Columbia, for Petitioners. Thomas H. Pope, III, of Pope and Hudgens, of Newberry, for Respondents. Robert E. Lyon, Jr., and M. Clifton Scott, both of Columbia, for Amicus Curiae South Carolina Association of Counties. This case is on certiorari to the Court of Appeals. Eagle container was granted summary judgment and allowed to reinstate its landfill permit based on a Newberry County Amending Ordinance. The Court of Appeals affirmed the grant of summary judgment to Eagle.
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Cases to be Submitted Without Oral Argument | |
Bobby J. Witherspoon, 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 Boozer, all of Columbia, for Respondent. |