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June 2012 |
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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.
Monday, June 4, 2012 | |
Supreme Court Courtroom
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2:00 p.m. | (Time Limits: 20-20-10) |
2012-211937 Florence County Democratic Party; Sheila C. Gallagher, as Chairwoman of and as a Representative of the Florence County Democratic Party, and in her Individual Capacity as a Registered Voter of Florence County, Plaintiffs,
v.
Florence County Republican Party, William "Bill" Pickle, as Chairman of the Florence County Republican Party and as a Representative of the Florence County Republican Party; Florence County Election Commission, David Alford, as Director of the Florence County Election Commission; South Carolina State Election Commission, Marci Andino, as Executive Director of the South Carolina State Election Commission and as a Representative of the South Carolina Election Commission, Defendants. Mary Elizabeth Crum of McNair Law Firm, PA of Columbia SC for Respondent South Carolina State Election Commission, D. Malloy McEachin, Jr. of McEachin & McEachin, P.A. of Florence SC for Respondent Florence County Election Commission, John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC of Columbia SC for Other Blake A. Hewitt, Kevin A. Hall of Womble Carlyle Sandridge & Rice, LLP of Columbia SC for Respondent Florence County Republican Party, Karl Smith Bowers, Jr. of Womble Carlyle Sandridge & Rice, LLP of Columbia SC for Respondent Florence County Republican Party, Melvin Wayne Cockrell, III of Cockrell Law Firm, P.C. of Chesterfield SC for Petitioner Florence County Democratic Party, Ariail Burnside Kirk of McNair Law Firm, PA of Columbia SC for Respondent South Carolina State Election Commission, Matthew Todd Carroll of Womble Carlyle Sandridge & Rice, LLP of Columbia SC for Respondent Florence County Republican Party, Jason B. Turnblad of Cockrell Law Firm, P.C. of Chesterfield SC for Petitioner Florence County Democratic Party, Amber B. Martella of McNair Law Firm, PA of Columbia SC for Respondent South Carolina State Election Commission, William B. von Herrmann, pro se, of Conway. Robert E. Tyson, Jr., of Columbia, for Frank Waggoner, et al., amici curiae. This is a declaratory judgment action in the Supreme Court's original jurisdiction asking the Court to declare the Florence County Republican Party improperly certified candidates for inclusion on the party primary ballot who did not meet the requirements of S.C. Code Ann. ยง 8-13-1356 (Supp. 2011), as interpreted by the Supreme Court in Anderson v. S.C. Election Comm'n, Op. No. 27120 (S.C. Sup. Ct. filed May 2, 2012). |
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Tuesday, June 5, 2012 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 30-30-10) |
2012-209027 Savannah Riverkeeper, South Carolina Coastal Conservation League, South Carolina Wildlife Federation, Conservation Voters of South Carolina, and the Savannah River Maritime Commission, Petitioners,
v.
The South Carolina Department of Health and Environmental Control, Respondent. Alan Wilson, John W. McIntosh, Robert D. Cook and Parkin Hunter, all of the Office of the Attorney General, of Columbia, C. Mitchell Brown and Allen Mattison Bogan, of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Petitioner, Savannah River Maritime Commission. Frank S. Holleman, III, James Blanding Holman, IV, Christopher Kaltman DeScherer and Sally Corbette Newman, all of Southern Environmental Law Center, of Charleston, for Petitioners, Savannah Riverkeeper, et al. Carlisle Roberts, Jr. of Haynsworth Sinkler Boyd, PA, John Harleston and Jacquelyn Sue Dickman, all of Columbia, for Respondent, SCDHEC. The Court granted a Petition for Original Jurisdiction to construe two statutes, 2007 Act No. 56 and 2012 Act No. 125, to determine whether the South Carolina Department of Health and Environmental Control acted within its authority when it entered into an agreement with the U.S. Army Corps of Engineers and the Georgia Ports Authority before issuing a 401 Water Quality Certification for the Savannah Harbor Expansion Project. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-163327 The State, Respondent,
v.
Ruben Silva-Aguilar, Appellant. Appellate Defender Tristan M. Shaffer and Appellate Defender Susan Barber Hackett, of Columbia, for Appellant, Ruben Silva-Aguilar. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General William M. Blitch, Jr. , all of Columbia and Solicitor Donald V. Myers, of Lexington, for Respondent. Appellant contends the trial court erred in failing to grant a mistrial where he was denied a fair trial because the translator was able to translate only eighty percent of the victim's testimony. |
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10:30 a.m. | (Time Limits: 30-30-10) |
2010-162706 The State, Respondent,
v.
Raymondeze Rivera, Appellant. Chief Appellate Defender Robert Michael Dudek and Keir M. Weyble of Blume Weyble & Norris, LLC , of Columbia, for Petitioner, Raymondeze Rivera. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia and Solicitor Christina T. Adams, of Anderson, for Respondent, The State. In this capital case, Appellant challenges his murder conviction and sentence of death. Appellant argues his rights to self-representation and to testify on his own behalf were violated. Additionally, Appellant alleges a violation of the standards set forth in Batson v. Kentucky, 476 U.S. 79 (1986), and claims his right to a fair trial by an impartial jury was violated by the qualification and seating of three jurors whose views prevented or substantially impaired their ability to consider mitigating evidence and to impose a sentence less than death. Appellant also contends his due process rights were violated by the solicitor's inducement of a confession and his right to present mitigating evidence was violated by the trial court's refusal to admit certain mental health evidence. Finally, Appellant argues his sentence of death was arbitrary and imposed under the influence of passion or prejudice. |
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Wednesday, June 6, 2012 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2011-191086 BAC Home Loan Servicing, L.P., f/k/a Countrywide Home Loan Servicing, L.P., successor in interest to Defendant Mortgage Electronic Registration Systems, Inc., MIN #: 100039032108093192, Appellant,
v.
Debra Kinder, Personal Representative of the Estate of George William Brelsford, IV a/k/a George W. Brelsford, and Debra Kinder, Personal Representative of the Estate of Patricia M. Brelsford, Respondents. Sean A. O'Connor of Finkel Law Firm LLC of Charleston, for Appellant, BAC (Countrywide Home Loan). James L. Verenes of Fox & Verenes of Aiken, for Respondent, Debra Kinder. BAC Home Loans appeals the Master-in-Equity's order awarding the surplus funds from a foreclosure sale to the borrower's estate. BAC argues that it was entitled to the funds as a successor in interest to the junior mortgagor and that the Master erred in denying recovery by finding the mortgage had not been closed by an attorney. |
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10:00 a.m. | (Time Limits: 15-15-5) |
2011-187386 Ophthalmology Associates of Charleston, P. A., Respondent,
v.
Millin C. Budev, M. D., Appellant. Sarah Patrick Spruill, of Haynsworth Sinkler Boyd, PA, of Greenville and Joseph DuRant Thompson, III, of Haynsworth Sinkler Boyd, PA, of Charleston, for Appellant, Millin C. Budev. Harold A. Oberman and Marvin I. Oberman, of Oberman & Oberman of Charleston, for Respondent, Ophthalmology Associates of Charleston, P.A. This case involves a covenant not to compete. Appellant argues that the covenant is unenforceable because it is overbroad as to scope and is not reasonably calculated to protect the employer's legitimate business interests. Respondent asserts that the covenant is narrowly tailored to protect its legitimate business interests. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2009-112326 Nancy R. Beach, Respondent,
v.
Gresham Communications of Walterboro, Inc.,a/k/a Gresham Communications, Inc., Gresham Broadcasting, Inc., and Rudy H. Gresham, Appellants. Jackson Seth Whipper, of Whipper Law Firm, of North Charleston, for Appellant, Gresham Communications of Walterboro, Inc., et al. W. Andrew Gowder, Jr. and Daniel Simmons McQueeney, Jr., of Pratt-Thomas Walker, PA, of Charleston, for Respondent, Nancy R. Beach. This is a direct appeal from orders issued after a judgment sale. Appellants argues the judgment had expired before the judicial sale was complete, that the attempt to redeem the judgment should have been allowed, that they should not have been held in contempt, that the order of sale violated federal law, and that the master should have realigned the amounts due to prevent a windfall. |
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Thursday, June 7, 2012 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2011-201426 South Carolina Department of Social Services, Respondent,
v.
Shawna Rene O. and David S., of whom David S., is the Petitioner.
In the interest of two minor children under the age of 18. Scott J. Klosinski, of Klosinski Overstreet, LLP, of Augusta, Georgia, for Petitioners, Shawna Rene O. and David Eric Sullivan. Amanda Frances Whittle, of Aiken, for Respondent, SCDSS. Patrick A. McWilliams, of Aiken, for Guardian Ad Litem. The Court granted the father's petition for a writ of certiorari to review an unpublished decision of the Court of Appeals affirming the termination of his parental rights. Father contends his rights were unconstitutionally terminated solely because he could not afford to pay for a program mandated as part of his treatment plan. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-173048 The State, Respondent,
v.
Jason Ervin Black, Petitioner. Appellate Defender Breen Richard Stevens, of Columbia, for Petitioner, Jason Ervin Black. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, of Columbia and Solicitor William W. Wilkins, III, of Greenville, for Respondent, The State. This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals affirming Petitioner's convictions and sentences for CSC with a minor in the first degree and lewd act upon a minor. Petitioner contends the trial court erred in allowing the State to impeach a defense witness with prior convictions for manslaughter because this evidence violated Rules 404 and 609 of the South Carolina Rules of Evidence. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2010-165386 Case No.: 2007-AL-17-0299
Alltel Communications, Inc., Petitioner,
v.
South Carolina Department of Revenue, Respondent. __________
Case No.: 2007-AL-17-0300
Alltel Mobile Communications of the Carolinas, Inc., Petitioner,
v.
South Carolina Department of Revenue, Respondent. __________
Case No.: 2007-AL-17-0301
New York Newco Subsidiary, Petitioner,
v.
South Carolina Department of Revenue, Respondent. __________
Case No.: 2007-AL-17-0302
Telespectrum, Inc., Petitioner,
v.
South Carolina Department of Revenue, Respondent. __________
Case No.: 2007-AL-17-0303
360 Communications Co. of SC No. 1, Petitioner,
v.
South Carolina Department of Revenue, Respondent. __________
Case No.:2007-AL-17-0304
360 Communications Co. of SC No. 2, Petitioner,
v.
South Carolina Department of Revenue, Respondent. John Marion S. Hoefer and Tracey Colton Green, of Willoughby & Hoefer, PA, of Columbia, for Petitioner, Alltel. Harry A. Hancock, of Columbia, for Respondent, South Carolina Department of Revenue. In this action against the Department of Revenue, Petitioners challenge the court of appeals' decision in Alltel Commc'ns, Inc. v. S.C. Dep't of Revenue, Op. No. 2010-UP-232 (S.C. Ct. App. filed April 7, 2010), reversing the Administrative Law Court's grant of summary judgment. |
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Tuesday, June 19, 2012 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2012-207128 South Carolina Public Interest Foundation and Edward D. Sloan, Jr., individually, and on behalf of all others similary situated, Petitioners,
v.
South Carolina Transportation Infrasctucture Bank, Robert W. Harrell, Jr., in his official capacity as Speaker of the S. C. House of Representatives, John E. Courson in his official capacity as President Pro Tempore of the S. C. Senate, and The State of South Carolina, Respondents. James G. Carpenter, Jennifer J. Miller and L. Warren Clayton, III, all of the Carpenter Law Firm, PC, of Greenville, for Petitioners, South Carolina Public Interest Foundation and Edward D. Sloan, Jr., etc., et al. Attorney General Alan Wilson, Deputy Attorney General Robert D. Cook and Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia, for Respondent, State of South Carolina. Robert E. Stepp, Robert E. Tyson, Jr. and Alexis K. Lindsey, all of Sowell Gray, of Columbia, for Respondent, South Carolina Transportation Infrastructure Bank. Michael R. Hitchcock, John P. Hazzard, V and Kenneth M. Moffitt, of Columbia, for John E. Courson, etc. Bradley S. Wright and Charles F. Reid, of Columbia, for Robert W. Harrell, Jr., etc. This is an action heard in the Court's original jurisdiction seeking a declaration that Section 11-43-140 of the South Carolina Code, which allows members of the General Assembly to serve as directors of the South Carolina Transportation Infrastructure Bank, violates the dual office holding prohibition and the separation of powers requirement under the South Carolina Constitution. |
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10:00 a.m. | (Time Limits: 15-15-5) |
2012-205608 Cassandra Regina Crawford, Petitioner,
v.
Central Mortgage Company, Respondent. David K. Haller, of Haller Law Firm, of Charleston, for Petitioner, Cassandra R. Crawford. Dean Anthony Hayes, of Korn Law Firm, PA, of Columbia, for Respondent, Central Mortgage Company. A home owner argues that a lender engaged in the unauthorized practice of law when the lender modified a home loan without the review and supervision of an attorney. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2012-206826 James W.O. Warrington, Sr., Petitioner,
v.
The Bank of South Carolina, Respondent. David K. Haller, of Haller Law Firm, of Charleston, for Petitioner, James W. O. Warrington, Sr. Mark S. Sharpe and John H. Warren, III, of Warren & Sinkler, LLP, of Charleston, for Respondent, The Bank of South Carolina. A home owner argues that a lender engaged in the unauthorized practice of law when the lender modified a home loan without the review and supervision of an attorney. |
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11:00 a.m. | (Time Limits: 10-10-5) |
2012-206426 In the Matter of George Thomas Samaha, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel William Curtis Campbell, of Columbia, for the Office of Disciplinary Counsel. Harry Leslie Devoe, Jr., of New Zion, for Respondent, George Thomas Samaha. This is an attorney disciplinary matter. |
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Wednesday, June 20, 2012 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2010-164726 The State, Respondent,
v.
Mack Green, Petitioner. Appellate Defender Kathrine Haggard Hudgins of Columbia, for Petitioner, Mack Green. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Deputy Attorney General Deborah R. J. Shupe, all of Columbia and Solicitor I. McDuffie Stone, Jr., of Beaufort, for Respondent, The State. The Court granted certiorari to consider whether the Court of Appeals correctly determined that it was not error for the trial judge to decline to instruct the jury on circumstantial evidence. |
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10:00 a.m. | (Time Limits: 15-15-5) |
2012-206346 Robert Anthony James, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Susan Barber Hackett of Columbia, for Petitioner, Robert A. James. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General David Spencer and Assistant Attorney General Robert Daniel Corney, all of Columbia, for Respondent, The State. E. Charles Grose, Jr., of Greenwood and Tara S. Waters, of Laurens, for Amicus Curiae, South Carolina Public Defender Association. In this Post-Conviction Relief case, this Court granted a writ of certiorari to review the Court of Appeals' decision in James v. State, Op. No. 2011-UP-480 (S.C. Ct. App. filed Oct. 27, 2011). We consider the question of whether trial counsel was ineffective for failing to argue for dismissal of Petitioner's indictments on the ground the State violated Petitioner's Sixth Amendment right to a speedy trial. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2011-194686 John Doe, Petitioner,
v.
State of South Carolina, Alan Wilson in his capacity as South Carolina Attorney General, and Mark Keel, in his capacity as Chief of SLED, Respondents. Desa Allen Ballard and Stephanie Nichole Weissenstein, of Ballard Watson Weissenstein, of West Columbia, for Petitioner, John Doe. Mark A. Keel of Columbia, for Respondent, SLED. Attorney General Alan McCrory Wilson, Assistant Deputy Attorney General J. Emory Smith, Jr. and Assistant Attorney General Jared Quante Libet , all of Columbia, for Respondent, The State. In this declaratory judgment action, Petitioner requests this Court, in its original jurisdiction, declare that laws requiring him to register publicly as a sex offender violate his right to privacy, and laws which permit only convicted persons, rather than all adjudicated persons, to obtain a pardon violate his right to equal protection. |
Cases to be Submitted Without Oral Argument | |
Johnnie Smith, Jr., Petitioner, v. State of South Carolina, Respondent. |
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Senior Appellate Defender Wanda H. Carter of Columbia, for Petitioner, Johnnie Smith, Jr. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Ashley Anne McMahan, of Columbia, for Respondent, State of South Carolina. |
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Clarence Gibbs, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner, Clarence Gibbs. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christina J. Catoe of Columbia, for Respondent, State of South Carolina. |
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Clay A. Blake, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Petitioner, Clay A. Blake. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christina J. Catoe, of Columbia, for Respondent, State of South Carolina. |