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June 2011 |
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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 7, 2011 | |
09:30 a.m. | |
5117 South Carolina Department of Social Services, Petitioner, v. M.R.C.L., R.L., and G.L., Defendants, of whom M.R.C.L. is Respondent, and G.L., by and through Guardian ad Litem, Maria Royle, is Petitioner. Paul C. White, of Moncks Corner, for Petitioner. Phillip S. Ferderigos and Jeremy E. Bowers, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent. Virginia Cravens Ravenel, of Columbia, for Guardian ad Litem. In this termination of parental rights action, this Court granted certiorari to review the Court of Appeals’ decision in South Carolina Department of Social Services v. M.R.C.L. and G.L., 390 S.C. 329, 701 S.E.2d 757 (Ct. App. 2010).
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10:00 a.m. | |
5118 The Town of Mt. Pleasant, Appellant, v. Treva Roberts, Respondent. Charles Mac Gibson, Jr., of Charleston and Ira A. Grossman, of Mt. Pleasant, for Appellant. Diedreich P. von Lehe, III, of Charleston, for Respondent. The Town of Mount Pleasant appeals the circuit court's order reversing and dismissing Respondent’s municipal court conviction for driving under the influence on the ground the arresting officer's vehicle was not equipped with a video camera pursuant to section 56-5-2953 of the South Carolina Code.
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10:30 a.m. | |
5070 ORAL ARGUMENT CANCELLED - In Re: Charleston Affordable Housing, Inc., Debtor. Charleston Affordable Housing, Inc., Plaintiff, v. DC Development, Inc. and David A. Cox, Defendants. R. Geoffrey Levy and Susan M. Levy, of Columbia, for Plaintiff. Richard R. Gleissner, of Columbia, and William E. Booth, III, of West Columbia, for Defendants.
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Wednesday, June 8, 2011 | |
09:30 a.m. | |
5119 The State, Respondent, v. Roy Otis Tennant, Petitioner. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, Ernest Charles Grose, Jr., of Greenwood and Tara Marie Schultz, of Laurens, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent. In this criminal appeal, Appellant contends the court of the appeals erred in upholding the trial court’s rulings on several evidentiary matters.
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10:00 a.m. | |
5120 The State, Respondent, v. Demetris Antwan Goode, Appellant. C. Rauch Wise, of Greenwood, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent. In this Case, the Court will determine whether the circuit court erred in submitting a lesser included offense to the jury, failing to grant the defendant a directed verdict, failing to accept and charge the jury on defendant’s request to charge, and failing to require the state to open on the law and facts during the closing argument.
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10:30 a.m. | |
5121 In the Matter of Craig J. Poff, Respondent. Disciplinary Counsel Lesley M. Coggiola and Senior Assistant Disciplinary Counsel C. Tex Davis, Jr., both of Columbia, for Office of Disciplinary Counsel. Desa Ballard and Harvey MacLure Watson, III, both of Ballard, Watson & Weissenstein, of West Columbia, for Respondent. This is an attorney disciplinary matter.
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Thursday, June 9, 2011 | |
09:30 a.m. | |
5122 Betty Ann Allison, as Personal Representative of the Estate of Benjamin Allison, Respondent, v. W. L. Gore & Associates, Appellant. Carmelo B. Sammataro, of Turner, Padget, Graham & Laney, P.A., of Columbia, and O. Shayne Williams, of Turner, Padget, Graham & Laney, P.A., of Greenville, for Appellant. Marion Clyde Fairey, Jr., of Hampton, for Respondent. This workers compensation direct appeal questions the timeliness of the appeal to the full Commission, the ruling on equitable estoppel, and the application of the statute of limitations.
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10:00 a.m. | |
5123 Albert Epstein, Appellant, v. Coastal Timber Co., Inc., Respondent. Darrell Thomas Johnson, Jr. and Mills L. Morrison, Jr., both of Hardeeville, for Appellant. Philip C. Thompson, of Conway, for Respondent. Albert Epstein appeals from a circuit court order granting summary judgment to Coastal Timber Co., Inc. on his claim alleging Coastal improperly cut and removed timber on property that was under a mortgage. In response, Coastal contends the circuit court properly found Epstein failed to secure the timber interest under South Carolina’s Uniform Commercial Code. Coastal also asserts an additional sustaining ground and challenges material in Epstein’s Designation of Matter.
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10:30 a.m. | |
5124 In the Matter of Gilbert S. Bagnell, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Ericka M. Williams, both of Columbia, for Office of Disciplinary Counsel. Gilbert S. Bagnell, of Columbia, pro se Respondent. This is an attorney disciplinary matter.
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Tuesday, June 21, 2011 | |
09:30 a.m. | |
5125 CFRE, LLC, Appellant, v. Greenville County Assessor, Respondent. J. William Ray, of Greenville, for Appellant. Jeffrey D. Wile, of Greenville, for Respondent. CFRE, LLC, appeals the decision of the administrative law court that it, as a single-member limited liability company, is not eligible for the legal residence property tax ratio.
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10:00 a.m. | |
5126 The State, Respondent, v. Christopher Sam Commander, Petitioner. Chief Appellate Defender Robert M. Dudek and Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General Melody J. Brown, of Office of the Attorney General, and Solicitor Daniel E. Johnson, all of Columbia, for Respondent. In this case, Appellant argues that the Court of Appeals erred in affirming his murder conviction where the trial court erroneously (1) admitted testimony from the State’s expert in forensic pathology concerning the victim's manner of death because this testimony exceeded the scope of his expertise and (2) refused to instruct the jury on the defense of accident.
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10:30 a.m. | |
5127 Gary DuBose Terry, Petitioner, v. State of South Carolina, Respondent. Teresa L. Norris, of Blume, Weyble & Norris, of Columbia, and the South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, of Columbia, for Respondent. In this death penalty case, petitioner appeals the denial of his application for post-conviction relief.
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Wednesday, June 22, 2011 | |
09:30 a.m. | |
5128 Melenia Trotter, Petitioner, v. Trane Coil Facility, Employer, and Phoenix Insurance Company, Carrier, Respondents. Stephen Benjamin Samuels, of Columbia, and Ann McCrowey Mickle, of Mickle & Bass, of Rock Hill, for Petitioner. Rebecca Anne Roberts and Byron P. Roberts, of Chapin, for Respondent. This Court granted Melenia Trotter’s petition for a writ of certiorari to review the decision of Trotter v. Trane Coil Facility, 384 S.C. 109, 681 S.E.2d 36 (Ct. App. 2009), in which the Court of Appeals reversed in part, vacated in part, and remanded an order awarding Trotter workers’ compensation benefits for a back injury.
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10:00 a.m. | |
5129 The State, Respondent, v. Abel Jacobs, Appellant. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mark R. Farthing, of Office of the Attorney General and Solicitor Daniel E. Johnson, all of Columbia, for Respondent. In this case, the Court will decide whether a sentence for the conviction of first degree burglary, which is punishable by life imprisonment, is suspendable under section 24-21-410 of the South Carolina Code, which give courts authority to suspend sentences for criminal offenses, except those offenses punishable by death or life imprisonment.
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10:30 a.m. | |
5130 In the Matter of Patricia Logan Harrison, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Joseph P. Turner, Jr., both of Columbia, for Office of Disciplinary Counsel. Peter Demos Protopapas, of Rikard, Moses & Protopapas, LLC and Michael James Vitzi, of USC School of Law, both of Columbia, for Respondent. This is an attorney disciplinary matter.
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Cases to be Submitted Without Oral Argument | |
Cheryl DiMarco, Respondent, v. Brian DiMarco, Petitioner. |
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Brian A. DiMarco, of Greenville, pro se Petitioner. Kim R. Varner, of Varner & Segura, of Greenville, for Respondent. |
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Elaine T. Patterson, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, of Office of the Attorney General, of Columbia, for Respondent. |
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Kelle Holden, Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, of Office of the Attorney General, of Columbia, for Petitioner. Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |