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May 2018 |
NEXT
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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, 2018 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2016-002187 The Callawassie Island Members Club, Inc., Petitioner,
v.
Ronnie D. Dennis and Jeanette Dennis, Respondents. M. Dawes Cooke, Jr., and Bradley B. Banias, both of Barnwell Whaley Patterson & Helms, LLC; James Andrew Yoho, of Carlock Copeland & Stair, LLP, both of Charleston; and Stephen P. Hughes, of Howell Gibson & Hughes, PA, of Beaufort; and Andrew F. Lindemann, of Davis & Lindemann, PA, of Columbia, all for Petitioner. Ian S. Ford and Neil Davis Thomson, both of Ford Wallace Thomson, LLC, of Charleston, for Respondents. This case involves a breach of contract action brought by the Callawassie Island Members Club against two of its members. The circuit court granted summary judgment in favor of the Club. The court of appeals reversed, finding (1) the Club's membership agreements violated the South Carolina Nonprofit Corporations Act, and (2) the terms of those agreements were ambiguous and thus necessitated a trial. The Callawassie Island Members Club, Inc. v. Dennis, 417 S.C. 610, 790 S.E.2d 435 (Ct. App. 2016). The Court granted certiorari to review the court of appeals decision. |
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10:00 a.m. | (Time Limits: 15-15-5) |
2016-001936 Virginia L. Marshall and Todd W. Marshall, Respondents,
v.
Kenneth A. Dodds, M.D., Charleston Nephrology Associates, LLC, Georgia Roane, M.D., and Rheumatology Associates, P.A., Petitioners. Robert H. Hood, James B. Hood and Deborah Harrison Sheffield, all of Hood Law Firm, of Charleston, Stephen L. Brown, D. Jay Davis, Jr., James E. Scott, IV, Perry M. Buckner, IV and Russell G. Hines, all of Young Clement Rivers, LLP, of Charleston, for Petitioners. Blake A. Hewitt, of Bluestein Thompson Sullivan, LLC, of Columbia, J. Edward Bell, III, of Bell Legal Group and C. Carter Elliott, Jr., of Elliott & Phelan, both of Georgetown, for Respondents. The Court is asked to review the court of appeals' decision in Marshall v. Dodds, 417 S.C. 196, 789 S.E.2d 88 (Ct. App. 2016). In this appeal, the Court considers at what point section 15-3-545(A) of the South Carolina Code (2005) begins to run when a medical professional breaches the standard of care on multiple occasions. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2016-001983 Protection and Advocacy for People with Disabilities, Inc., Petitioner,
v.
Beverly A. H. Buscemi, Ph.D., in her official capacity as State Director, South Carolina Department of Disabilities and Special Needs and The South Carolina Department of Disabilities and Special Needs, and Kelly Hanson Floyd, Nancy Banov, W. Robert Harrell, Rick Huntress, Deborah McPherson and Dr. Otis Speight in their Official Capacities as Members of the Department of Disabilities and Special Needs Commission, Respondents. Reid T. Sherard and Phillips L. McWilliams, both of Nelson Mullins Riley & Scarborough LLP, and Anna Maria Darwin, of Protection and Advocacy for People with Disabilities, Inc, all of Greenville and Thornwell W. Simons, of Protection & Advocacy for People with Disabilities, of Columbia. for Petitioner. William H. Davidson, II and Kenneth P. Woodington, both of Davidson & Lindemann, PA, of Columbia, for Respondents. The Court granted certiorari to review the court of appeals' decision in Protection and Advocacy for People with Disabilities, Inc. v. Buscemi, 417 S.C. 267, 789 S.E.2d 756 (Ct. App. 2016). In this appeal, the Court considers whether Protection and Advocacy has the authority to review Medication Administration Records during statutorily authorized inspections of Community Training Home facilities. |
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Wednesday, May 2, 2018 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2016-002151 Overland, Inc., d/b/a Land Rover Greenville, Petitioner,
v.
Lara Marie Nance, Charlie Andrew Nance, Roger Fields, Synovus Financial Corporation d/b/a NBSC, Branch Banking and Trust Company, Bank of America Corporation, and SunTrust Banks, Inc., Defendants,
Of which Bank of America Corporation and SunTrust Banks, Inc. are the Respondents. Carl F. Muller, of Carl F. Muller, Attorney at Law, PA and T. Hunt Reid, of Howard Howard Francis & Reid, both of Greenville, for Petitioner. W. Howard Boyd, Jr. and Zachary L. Weaver, both of Gallivan White & Boyd, PA, of Greenville and James W. Sheedy, of Driscoll Sheedy, PA, of Charlotte, NC, and Jan T. Chilton, of Severson & Werson, of San Francisco, CA, all for Respondents. The Court reviews the court of appeals' dismissal of Petitioner's appeal. Overland, Inc. v. Nance, Op. No. 2016-UP-368 (S.C. Ct. App. filed July 20, 2016). |
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10:00 a.m. | (Time Limits: 15-15-5) |
2017-000699 William Lee Turner, Employee, Petitioner,
v.
SAIIA Construction, Employer, and Old Republic General Insurance Corporation c/o Gallagher Bassett Services, Inc., Carrier, Respondents. Preston F. McDaniel, of McDaniel Law Firm, of Columbia, for Petitioner. Helen F. Hiser, of Mt. Pleasant and Jason Wendell Lockhart, of Columbia, both of McAngus, Goudelock & Courie, for Respondents. We review the court of appeals' decision in Turner v. SAIIA Construction, 419 S.C. 98, 796 S.E.2d 150 (Ct. App. 2016), a worker's compensation case where the court held the unexplained death presumption did not apply because the claimant survived and that substantial evidence supported the Workers' Compensation Commission's denial of benefits. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2016-002145 The State, Petitioner,
v.
Jennifer Lynn Alexander, Respondent. General Counsel Marcus Keith Gore, of the Department of Public Safety, of Blythewood, for Petitioner. Norbert E. Cummings, Jr., and Henry Richard Schlein, both The Cummings Law Firm, LLC, of Summerville, for Respondent. The Court reviews the court of appeals' decision in State v. Alexander, Op. No. 2016-UP-377 (S.C. Ct. App. filed July 27, 2017). |
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Thursday, May 3, 2018 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2016-001939 The State, Respondent,
v.
James Scott Cross, Petitioner. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor David Matthew Stumbo, of Greenwood, all for Respondent. James Scott Cross was indicted for and convicted of first-degree criminal sexual conduct (CSC) with a minor and committing a lewd act on a minor. Cross appealed his conviction, and the court of appeals affirmed. State v. Cross, Op. No. 2016-UP-257 (S.C. Ct. App. filed June 8, 2016). Cross filed a petition for a writ of certiorari, which the Court granted. Cross argues the trial court erred in: (1) refusing to bifurcate his trial to allow the jury to determine guilt of the underlying sexual offense and then determine if he had the requisite prior conviction to establish first-degree CSC with a minor and (2) admitting evidence of his prior conviction for CSC with a minor in violation of Rule 403, SCRE. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2017-000700 The State, Respondent,
v.
Demetrice Roosevelt James, Petitioner. Appellate Defender Kathrine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan M. Wilson, Assistant Attorney General V. Henry Gunter, Jr., and Solicitor Daniel E. Johnson, all of Columbia, for Respondent. The Court reviews the court of appeals' decision in State v. James, Op. No. 2017-UP-028 (filed Jan. 11, 2017). |
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10:30 a.m. | (Time Limits: 10-10-5) |
2016-001933 The State, Respondent,
v.
Roy Lee Jones, Petitioner. Appellate Defender David Alexander and Appellate Defender Lara M. Caudy, both of Columbia, for Petitioner. Attorney General Alan Wilson, Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, and Solicitor W. Walter Wilkins, III, of Greenville, for Respondent. The Court reviews the court of appeals' decision in State v. Jones, 417 S.C. 319, 790 S.E.2d 17 (Ct. App. 2016), holding the trial court did not abuse its discretion by qualifying an expert in child sex abuse dynamics who testified outside the realm of lay knowledge and did not bolster the complainants' credibility. |
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Wednesday, May 23, 2018 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2016-002146 The State, Respondent,
v.
Joshua William Porch, Petitioner. Matthew A. Abee, William C. Wood, Jr. and Caroline Gimenez, all of Nelson Mullins Riley & Scarborough LLP, and Chief Appellate Defender Robert M. Dudek, all of Columbia, for Petitioner. Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown, Senior Assistant Attorney General Anthony Mabry, Senior Assistant Attorney General William Edgar Salter, III and Solicitor Daniel E. Johnson, all of Columbia, for Respondent. After a jury found Joshua William Porch guilty of murder, he appealed raising two issues: (1) his arrest warrant was void under Franks v. Delaware because police officers omitted exculpatory information, and (2) the trial court violated the Confrontation Clause in the way it allowed his interrogation videotape to be used at trial. The court of appeals affirmed Porch's conviction. State v. Porch, 417 S.C. 619, 790 S.E.2d 440 (Ct. App. 2016). The Court granted certiorari to review the court of appeals decision. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2017-000096 The State, Respondent,
v.
James Kevin Bethel, Jr., Petitioner. Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown, Assistant Attorney General Alphonso Simon, Jr.; and Solicitor Daniel Edward Johnson, all of Columbia, for Respondent. James Kevin Bethel was indicted for and convicted of murder and attempted murder. Bethel appealed his conviction, and the court of appeals affirmed. State v. Bethel, Op. No. 2016-UP-473 (S.C. Ct. App. filed Nov. 9, 2016). Bethel argues the trial court erred in refusing to charge the jury on the lesser offense of involuntary manslaughter. |
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Thursday, May 24, 2018 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2016-002343 Allen Patterson, Steve Tilton, Richard Sendler, Lincoln Privette, Marc Ellis, Joey Carter, Barry Davis, Michael Nieri, Allen Patterson Residential LLC, Tilton Group, Sendler Construction Co., Inc., Privette Enterprises, Ellis Construction Co., Inc., The Barry Davis Company, Inc., Great Southern Homes, and J. Carter, LLC ,on behalf of themselves and others similarly situated, Petitioners,
v.
Herb Witter, Colin Campbell, Eddie Weaver, Tom Markovich, Keith Smith, Jim Gregorie, individually and as Trustees of the South Carolina Homes Builders Self Insurers Fund, and the South Carolina Home Builders Self Insurers Fund, Respondents. James Edward Bradley and S. Jahue Moore, both of Moore Taylor Law Firm, PA, of West Columbia, for Petitioners. William W. Wilkins and Burl F. Williams, both of Nexsen Pruet, LLC, of Greenville, James Lynn Werner and Lawrence M. Hershon, both of Parker Poe Adams & Bernstein, LLP, and Pope D. Johnson, of Johnson & Barnett LLP, all of Columbia, for Respondents. The Court reviews the court of appeals' decision in Patterson v. Witter, 418 S.C. 66, 791 S.E.2d 294 (Ct. App. 2016). |
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10:00 a.m. | (Time Limits: 10-10-5) |
2017-000470 Gene Gibbs, Respondent,
v.
Jill Roberts Gibbs, Petitioner. J. Falkner Wilkes, of Greenville, for Petitioner. Philip James Temple and Bobby H. Mann, Jr., both of Temple and Mann, of Greenville, for Respondent. The Court reviews whether the court of appeals erred in affirming the family court's denial of alimony, its distribution of marital assets, and its denial of the wife's award of attorney's fees and costs. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2017-000545 Melissa Spalt, Respondent,
v.
South Carolina Department of Motor Vehicles and South Carolina Department of Public Safety, Defendants,
Of whom South Carolina Department of Motor Vehicles is the Petitioner. Frank L. Valenta, Jr., Philip S. Porter and Brandy A. Duncan, all of Blythewood, for Petitioner. Michael Laubshire, of Columbia, for Respondent. The Court reviews the court of appeals' dismissal of Petitioner's appeal. Spalt v. SCDMV, Op. No. 2016-UP-475 (S.C. Ct. App. filed November 9, 2016). |
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11:00 a.m. | (Time Limits: 10-10-5) |
2016-002312 Juan Michael Ramirez, Petitioner,
v.
Progressive Northern Insurance Company, Respondent. Edwin L. Turnage, of Harris & Graves, PA, of Greenville, for Petitioner. J.R. Murphy, of Murphy & Grantland, PA, of Columbia. for Respondent. The Court granted certiorari to review the court of appeals' decision in Ramirez v. Progressive N. Ins. Co., Op. No. 2016-UP-280 (S.C. Ct. App. filed June 8, 2016), holding that the circuit court correctly found that Ramirez was not eligible to stack uninsured motorist coverage. |