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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.
Tuesday, May 16, 2023
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2022-001378   United States of America, Plaintiff, v. Patrick Fitzgerald Clemons, Defendant.

United States Attorney Adair Ford Boroughs, Assistant United States Attorney Kathleen Michelle Stoughton and Assistant United States Attorney Justin William Holloway, all of Columbia, for Plaintiff. Elizabeth Anne Franklin-Best, of Elizabeth Franklin-Best, P.C., of Columbia, for Defendant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General W. Jeffrey Young, Deputy Attorney General Donald J. Zelenka, and Assistant Deputy Attorney General Mark Reynolds Farthing, all of Columbia, for State of South Carolina, Amicus Curiae.

This Court will answer the following questions certified by the United States Fourth Circuit Court of Appeals: (1) what mental state is required to commit South Carolina Assault and Battery, Second Degree, in violation of section 16-3-600 of the South Carolina Code; and (2) what mental state is required to commit South Carolina Criminal Domestic Violence of a High and Aggravated nature in violation of section 16-25-65 of the South Carolina Code.

 10:30 a.m. (Time Limits: 15-15-5)  
2021-000985   The State, Respondent, v. Robert Lee Miller, III, Petitioner.

Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General W. Jeffrey Young, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown and Senior Assistant Attorney General Mark Reynolds Farthing, all of Columbia; and Solicitor Isaac McDuffie Stone, III, of Bluffton, all for Respondent. Hannah Lyon Freedman, of Justice 360, of Columbia, Amicus Curiae and John H. Blume, III, of Cornell Juvenile Justice Project, of Ithaca, NY, Amicus Curiae.

The Court granted a writ of certiorari to review the court of appeals' opinion in State v. Miller, 433 S.C. 613, 861 S.E.2d 373 (Ct. App. 2021).

Wednesday, May 17, 2023
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 20-20-10)  
2021-000122   The State, Respondent, v. James Heyward, Petitioner.

Jennifer Hess Thiem, Tara C. Sullivan, Madison Claire Healy, of K&L Gates, LLP, of Charleston; and Chief Appellate Defender Robert Michael Dudek, of Columbia, all for Petitioner. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown and Assistant Attorney General William Joseph Maye; and Solicitor Byron E. Gipson, all of Columbia, for Respondent.

The Court granted a petition for a writ of certiorari to review the court of appeals' decision in State v. Heyward, 432 S.C. 296, 852 S.E.2d 452 (Ct. App. 2020). The Court will review five issues related to fingerprint evidence, removal of a defendant's shackles, expert testimony, use of the defendant's alias during trial, and admission of autopsy photos.

 10:30 a.m. (Time Limits: 15-15-5)  
2021-000721   The Estate of Jane Doe 202, by John Doe MM and John Doe HS, each of whom holds power of attorney for Jane Doe, Petitioner, v. City of North Charleston, Leigh Anne McGowan, individually, Charles Francis Wholleb, individually, and Anthony M. Doxey, individually, Respondents.

Gregg E. Meyers, of Mt. Pleasant, for Petitioner. Andrew F. Lindemann, of Lindemann Law Firm, PA, of Columbia, and Sandra J. Senn, of Senn Legal, LLC, of Charleston, for Respondents.

We granted Jane Doe's petition for a writ of certiorari to review the court of appeals' decision in Est. of Doe 202 by Doe MM v. City of N. Charleston, 433 S.C. 444, 858 S.E.2d 814 (Ct. App. 2021). We will determine whether the trial court erred in declining to re-charge the jury on nominal damages.

 11:30 a.m. (Time Limits: 15-15-5)  
2021-001356   The State, Respondent, v. Carmie Josette Nelson, Petitioner.

Appellate Defender Sarah Elizabeth Shipe, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown and Assistant Attorney General Tommy Evans, Jr., all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

This Court granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. Nelson, Op. No. 2021-UP-330 (S.C. Ct. App. filed Oct. 22, 2021). The Court will consider whether the court of appeals erred in finding the trial court did not abuse its discretion in admitting autopsy photos because the photos were not needed to help the jury understand the victim's injuries and under Rule 403, SCRE, the photos were inadmissible because their probative value was substantially outweighed by the dangers of unfair prejudice.

 

Cases to be Submitted Without Oral Argument

Jonathan Matthew Holder, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Joanna Katherine Delany, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Taylor Zane Smith, of Columbia, for Respondent.