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June 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, June 10, 2003 | |
09:30 a.m. | |
3549 John David Rogers, Petitioner v. Norfolk Southern Corporation, Norfolk Southern Railway Company, Respondent. Robert A. McKenzie, of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia; William C. Tucker, Jr., of Lucas, Alvis & Wash, of Birmingham, Alabama; and Deborah Alley Smith, of Christian & Small, of Birmingham, Alabama, for Petitioner. Henry Dargan McMaster and John Gregg McMaster, both of Columbia, for Respondent. Whether Norfolk Southern failed to exercise reasonable care and maintain a safe place for Plaintiff to work under the Federal Employer’s Liability Act.
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10:00 a.m. | |
3715 The State, Respondent v. Dorothy Smith, Petitioner. Assistant Appellate Defender Eleanor Duffy Cleary, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondent. The Court granted certiorari to consider a Court of Appeals' decision holding that the petitioner was not entitled to a directed verdict on the misprision of a felony charge.
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10:30 a.m. | |
3716 W. J. Douan, Petitioner v. Charleston County Council and Charleston County Election Commission, Respondents. and Wallace B. Scarborough, as an individual South Carolina Representative, G. Robert George, Larry D. Shirley, Henry B. Fishburne, Jr., as individual City of Charleston Councilmen, Lawrence A. Carr, as an individual Town of Mount Pleasant Councilman, Mary G. Clark, individually as Mayor of the Town of James Island, Joe Qualey, Bill Wilder, Parris Williams, Bill Woolsey, as individual Town of James Island Councilmen, A. C. Mitchum, individually as a City of North Charleston Councilman, Eugene Platt, individually as a James Island Public Service District Commissioner, Bob Linville, individually as a City of Folly Beach Councilman, Ann G. H. Rounds, Jaroslaw Burbello, Warwick Jones, and Patricia Jones, as individual voters, Petitioners v. Charleston County Election Commission, Respondent. Trent M. Kernodle and Christine Companion Varnado, both of Kernodle, Taylor & Root, of Charleston, for Petitioners Wallace B. Scarborough, et al. Thomas R. Goldstein, of Belk, Cobb, Infinger & Goldstein, of Charleston, for Petitioner W. J. Douan. Mikell Ross Scarborough, of Charleston, for Respondent Charleston County Election Commission. County Attorney Joseph Dawson, III, Assistant County Attorney Bernard E. Ferrara, Jr., and Deputy County Attorney W. Kurt Taylor, all of Charleston County Attorneys Office, of North Charleston, for Intervenor and Respondent Charleston County Council. Charlton deSaussure, Jr., John P. Linton and Sarah P. Spruill, all of Haynsworth Sinkler Boyd, of Charleston, for Amicus Curiae City of Charleston, et al. R. Allen Young, of Mt. Pleasant, for Amicus Curiae Town of Mt. Pleasant. J. Brady Hair, of North Charleston, for Amicus Curiae City of North Charleston. In this case, W.J. Douan et al. challenge the State Election Commission’s decision to uphold the election results for the Sales and Use Tax referendum presented to voters during the 2002 general election in Charleston County.
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11:00 a.m. | |
3717 In the Matter of Susan B. Oliver, Respondent. Senior Assistant Attorney General James G. Bogle, Jr., of Columbia, for the Office of Disciplinary Counsel. Coming B. Gibbs, of Gibbs and Holmes, of Charleston, for Respondent. This disciplinary case involves mishandling of client funds with mitigation asserted for bipolar disorder.
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Wednesday, June 11, 2003 | |
09:30 a.m. | |
3718 Gary Johnson, Petitioner v. Mohammad B. Arbabi and Akram Arbabi, Defendants and Third Party Plaintiffs, of whom Mohammad B. Arbabi is Respondent v. Beaufort County Treasurers Office and Joy Logan, Treasurer, Third Party Defendants. Robert L. Widener, of McNair Law Firm, of Columbia, for Petitioner. Michael S. Seekings, of Mullen, Wylie & Seekings, of Hilton Head Island, for Respondent. Stephen P. Hughes and Mary Bass Lohr, both of Howell, Gibson & Hughes, of Beaufort, for Amicus Curiae Beaufort County Treasurer's Office. Assistant County Attorney Jeffrey D. Wile, of Greenville, for Amicus Curiae Greenville County Tax Collector's Office. In this action to quiet title on a tax deed, the main issues are whether: (1) spouses at the same address are entitled to separate redemption notices; and (2) the Court of Appeals erred in setting aside the entire tax sale.
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10:30 a.m. | |
3720 The State, Respondent v. Roger Dale Cobb, Petitioner. Assistant Appellate Defenders Eleanor Duffy Cleary and Robert M. Dudek, both of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent. The question before us is whether the defendant should have been sentenced under the accomodation statute.
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11:00 a.m. | |
3721 In the Matter of Marvin Daniel Iseman, Respondent. Disciplinary Counsel Henry B. Richardson, Jr., and Assistant Disciplinary Counsel Barbara Seymour, for the Office of Disciplinary Counsel. Marvin Daniel Iseman, of Eastover, pro se.
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Thursday, June 12, 2003 | |
09:30 a.m. | |
3722 Benjamin Burrus Anthony Camburn and Bethanne Camburn, Respondents v. Susan Lynn Smith, Stephen Biebel, Terry Smith and David Markley, of whom Susan Lynn Smith and Terry Smith are Appellants. IN RE: Laura Biebel a/k/a Laura Biebel-Smith, Kacie Smith and David Markley, minor children. Irby E. Walker, Jr., of Conway, for Appellants Susan Lynn Smith and Terry Smith. Anita Ruth Floyd, of Conway, for Respondents. Deborah Barrett Dantzler, of Dantzler & Rhodes, of Conway, Guardian Ad Litem for Laura Biebel and Kacie Smith. Randall K. Mullins, of North Myrtle Beach, Guardian Ad Litem for David Markley, Jr. This case challenges the constitutionality of § 20-7-420(33) which allows court-ordered visitation by grandparents.
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10:00 a.m. | |
3723 The State, Respondent v. Leon Crosby, Petitioner. 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, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General W. Rutledge Martin; and Solicitor Warren B. Giese, of Columbia, for Respondent. The issue in this criminal case is whether the trial court erred in not instructing the jury on involuntary manslaughter.
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10:30 a.m. | |
3724 In the Matter of R. Dean Welch, Respondent. Assistant Deputy Attorney General J. Emory Smith, Jr., of Columbia, for the Office of Disciplinary Counsel. R. Dean Welch, of Surfside Beach, pro se.
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11:00 a.m. | |
3725 In the Matter of the Care and Treatment of Donald Chrisler Batson, Appellant. Robert Scott Dover, of Pickens, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Treva G. Ashworth, Assistant Attorney General Deborah R. Shupe, Assistant Attorney General R. Westmoreland Clarkson, all of Columbia, for Respondent. On direct appeal, the appellant challenges the sufficiency of the evidence to support the finding that he is a sexually violent predator, and challenges the constitutionality of the Sexually Violent Predator Act.
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Tuesday, June 24, 2003 | |
10:00 a.m. | |
3727 In The Interest of Ronnie A., A Minor Under the Age of Seventeen, Appellant. Senior Assistant Appellate Defender Wanda H. Haile, 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.; and Solicitor Warren Blair Giese, all of Columbia, for Respondent. This appeal challenges the constitutionality of the sex offender registry as applied to juveniles.
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10:30 a.m. | |
3728 Mary F. Hardee, Respondent/Petitioner v. Jerry N. Hardee and Hardee Construction Company, Inc., Petitioners/Respondents. Harry C. Wilson, Jr., of Lee, Erter, Wilson, James, Holler & Smith, of Sumter, for Petitioners-Respondents. James T. McLaren and C. Dixon Lee, III, both of McLaren & Lee, of Columbia; and Jan L. Warner, of Columbia, for Respondent-Petitioner. In this divorce case, the issues involve the enforceability of the premarital agreement, equitable division, and attorneys fees.
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11:00 a.m. | |
3680 Ronald Eugene Bogan, Petitioner v. State of South Carolina, Respondent. Tara Dawn Shurling, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent. This is an appeal regarding whether the trial judge erred in denying Appellant's motion for a directed verdict on the charge of attempted kidnapping, and if not, did the judge err in refusing to allow Appellant's sentence to run concurrently with a sentence imposed in Texas.
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11:30 a.m. | |
3698 Charleston Dry Cleaners & Laundry, Inc., Plaintiff v. Zurich American Insurance Co.; Allstate Insurance Co.; GAB Robins North America, Inc.; and R. S. Townsend, Defendants. Fleet Freeman, of Freeman & Freeman, of Mt. Pleasant, for Plaintiff. John Robert Murphy and Adam J. Neil, both of Murphy & Grantland, of Columbia, for Defendant Zurich Insurance Company. John Smith Wilkerson, III, and Sean A. O'Connor, both of Turner, Padget, Graham & Laney, of Charleston, for Defendant Allstate Insurance Company. Stephen P. Groves and Bradish J. Waring, both of Nexsen, Pruet, Jacobs, Pollard & Robinson, of Charleston, for Defendants GAB Robins North America, Inc.& R. S. Townsend. Gray T. Culbreath and Christian Stegmaier, both of Collins & Lacy, of Columbia, for Amicus Curiae South Carolina Defense Trial Attorneys' Association. In this certified question case, the issue is whether the Court will recognize an action for negligent adjustment of a first party claim against an independent insurance adjusting company and the individual adjuster.
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Wednesday, June 25, 2003 | |
09:30 a.m. | |
3729 Mary Louise Sloan, Individually and as Class Representative on Behalf of All Others Similarly Situated, Appellant v. South Carolina Department of Public Safety and Image Data, LLC, Defendants, of whom Image Data, LLC, is Respondent. Carl F. Muller, Wallace K. Lightsey and John C. Moylan, all of Wyche, Burgess, Freeman & Parham, of Greenville, for Appellant. Joseph E. Major, Kurt M. Rozelsky and Paul E. Hammack, all of Leatherwood, Walker, Todd & Mann, of Greenville, for Respondent.
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10:00 a.m. | |
3730 The State, Respondent v. Kenneth W. Crouch, Appellant. Chief Attorney Daniel T. Stacey, of South Carolina Office of Appellate Defense, of Columbia, for Appellant. Deputy Director for Legal Services Teresa A. Knox, Legal Counsel Tommy Evans, Jr., and Legal Counsel J. Benjamin Aplin, all of South Carolina Department of Probation, Parole & Pardon Services, of Columbia, for Respondent.
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10:30 a.m. | |
3731 Robert L. Mathis, Jr., Petitioner v. State of South Carolina, Respondent. 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 and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent.
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11:00 a.m. | |
3732 The State, Respondent v. Linda Thompson Taylor, Petitioner. L. Scott Harvin, of the Hetrick Law Firm, of Walterboro, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Randolph Murdaugh, III, of Hampton, for Respondent. On cert to the Court of Appeals, petitioner challenges her conviction under § 56-1-515(1) for issuing a fictitious license while she was a Division of Motor Vehicles employee.
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11:30 a.m. | |
3692 Georgia Department of Transportation, an agency of the State of Georgia, Appellant v. Jasper County, South Carolina, Respondent. Richard D. Bybee, of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant; David Guy Pagliarini, of Hinchey, Murray & Pagliarini, of Charleston; and Matthew E. Cline, of Georgia Department of Law, of Atlanta, GA, for Appellant. Gedney M. Howe, III, of Charleston; Darrell T. Johnson, Jr., of Hardeeville; and Stephen A. Spitz, of Columbia, for Respondent. These consolidated cases involve a challenge to the condemnation of property on the Savannah River for a marine terminal.
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Cases to be Submitted Without Oral Argument | |
Jamie Provost, 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 & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Petitioner. Harry Leslie Devoe, Jr., of New Zion, for Respondent. |
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Clyde Easter, 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 B. Allen Bullard, Jr., all of Columbia, for Petitioner. Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate Defense, of Columbia, for Respondent. |
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Darlene Abney, Respondent v. The State, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General B. Allen Bullard, Jr., all of Columbia, for Petitioner. Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for Respondent. |
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James W. Sprouse, 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, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent. |
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Maurice Douglas, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capitol and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General William Bryan Dukes, all of Columbia, for Petitioner. Assistant Appellate Defender Eleanor Duffy Cleary, of South Carolina Office of Appellate Defense, of Columbia, for Respondent. |