![]() |
June 2015 |
NEXT
![]() |
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 2, 2015 | |
Supreme Court Courtroom
|
|
09:30 a.m. | (Time Limits: 10-10-5) |
2014-001179 Gladys Sims, as the Duly Appointed Guardian and Conservator of Kristy L. Orlowski (a/k/a Kristy Wood), Petitioner,
v.
Amisub of South Carolina, Inc., d/b/a Piedmont Medical Center; and, C. Edward Creagh, MD, Respondents. Chad A. McGowan, Ashley W. Creech and Jordan C. Calloway, all of McGowan Hood & Felder, LLC, of Rock Hill and Whitney B. Harrison, of McGowan Hood & Felder, LLC, of Columbia, for Petitioner. Andrew F. Lindemann, of Davidson & Lindemann, P.A., of Columbia, H. Spencer King, of The Ward Law Firm, P.A., of Spartanburg, William U. Gunn and Joshua T. Thompson, both of Holcombe Bomar, P.A., of Spartanburg, for Respondents. The Court reviews the court of appeals' decision in Sims v. Amisub of S.C., Inc., 408 S.C. 202, 758 S.E.2d 187 (Ct. App. 2014). |
|
10:00 a.m. | (Time Limits: 10-10-5) |
2014-001167 Amber Johnson, Petitioner,
v.
Stanley E. Alexander, Mario S. Inglese and Mario S. Inglese, PC, of whom Stanley E. Alexander is the Respondent.
v.
Mario S. Inglese and Mario S. Inglese, PC, Third Party Plaintiffs,
v.
Charles Feeley, Third Party Defendant. Justin S. Kahn and Wes B. Allison, both of Kahn Law Firm, LLP, of Charleston and Mary Leigh Arnold, of Mt. Pleasant, for Petitioner. Joel W. Collins, Jr., of Collins & Lacy, P.C. and Robert F. Goings, of the Goings Law Firm, LLC, all of Columbia, for Respondent. The Court granted certiorari to review the court of appeals' opinion in Johnson v. Alexander, 408 S.C. 58, 757 S.E. 2d 553 (2014), which held an attorney could not be held liable for another attorney's failure to properly conduct a title search. |
|
10:30 a.m. | (Time Limits: 10-10-5) |
2015-000181 In the Matter of Robert Ryan Breckenridge, Respondent. Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara Marie Seymour, both of Columbia, for the Office of Disciplinary Counsel. Robert Ryan Breckenridge, of Greenville, pro se Respondent. This is an attorney disciplinary matter. |
|
Wednesday, June 3, 2015 | |
Supreme Court Courtroom
|
|
09:30 a.m. | (Time Limits: 10-10-5) |
2014-001236 The State, Respondent,
v.
Charles Monroe Harris, Petitioner. Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent. The Court granted certiorari in this case to review the Court of Appeals' decision in State v. Harris, Op. No. 2014-UP-160 (S.C. Ct. App. filed April 2, 2014). Harris argues the Court of Appeals erred in ruling his directed verdict motion was properly denied on his charge of criminal solicitation with a minor. |
|
10:00 a.m. | (Time Limits: 10-10-5) |
2014-001337 The State, Petitioner,
v.
Cody Roy Gordon, Respondent. Attorney General Alan McCrory Wilson and Assistant Attorney General J. Benjamin Aplin, both of Columbia, for Petitioner. Keith G Denny, of Keith G. Denny, P.A., of Walhalla, for Respondent. The Court granted certiorari to review the Court of Appeals' decision in State v. Gordon, 408 S.C. 536, 759 S.E.2d 755 (Ct. App. 2014), which affirmed the circuit court's reversal of Respondent's magistrate court conviction for driving under the influence (DUI). Petitioner contends the Court of Appeals erred in finding the arresting officer failed to comply with the field sobriety test requirements pursuant to section 56-5-2953 of the South Carolina Code. |
|
10:30 a.m. | (Time Limits: 10-10-5) |
2014-001124 The State, Respondent,
v.
Antonio Scott, Petitioner. Appellate Defender Benjamin John Tripp, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General J. Anthony Mabry, all of Columbia and Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent. The Court reviews the court of appeals' decision in State v. Scott, 408 S.C. 21, 757 S.E.2d 533 (Ct. App. 2014). |
|
Thursday, June 4, 2015 | |
Supreme Court Courtroom
|
|
09:30 a.m. | (Time Limits: 10-10-5) |
2014-000951 Gerald Smith, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Petitioner. Appellate Defender Robert M. Pachak, of Columbia, for Respondent. In this post-conviction relief (PCR) case, the Court granted certiorari to review the court of appeals' opinion in Smith v. State, 407 S.C. 270, 754 S.E.2d 900 (Ct. App. 2014). The central issue is whether Smith was deprived of his Sixth Amendment right to counsel when his attorney failed to object to the State's recommendation for the maximum sentence after Smith pleaded guilty to voluntary manslaughter on the condition the State would stay silent as to his sentence. |
|
10:00 a.m. | (Time Limits: 15-15-5) |
2009-135686 Deerfield Plantation Phase II B Property Owners Association, Appellant,
v.
South Carolina Department of Health and Environmental Control and Deertrack Golf, Inc., Respondents,
v.
Bill Clark Homes of Myrtle Beach, LLC, Respondent. Amy E. Armstrong, of South Carolina Environmental Law Project, of Pawleys Island, for Appellant. Bradley David Churdar and Nathan M. Haber, both of Charleston, Stephen P. Hightower, of Columbia, Stephen P. Groves, Sr., Mary D. Shahid and Angelica M. Colwell, all of Nexsen Pruet, LLC, of Charleston, for Respondents. Appellant contends that the administrative law court (ALC) erred in upholding a stormwater permit issued by the South Carolina Department of Health and Environmental Control, claiming that (1) the ALC's finding that ponds located on the proposed redevelopment site are stormwater ponds is not supported by substantial evidence in the record, and that the ALC erred as a matter of law in applying and interpreting the regulations applicable to stormwater ponds; and (2) the subsequent declaration of federal jurisdiction over a portion of the ponds as "waters of the United States" has the effect of terminating the permit. |
|
Tuesday, June 16, 2015 | |
Supreme Court Courtroom
|
|
09:30 a.m. | (Time Limits: 15-15-5) |
2014-000831 Jamesetta Washington, as Guardian ad Litem for Jayden W. a minor, Petitioner,
v.
Edmund Rhett, Jr., M.D., Low Country Obstetrics and Gynecology, P.A.; Tenet South Carolina, Inc., d/b/a East Cooper Regional Medical Center, Defendants,
Of whom Edmund Rhett, Jr., M.D. is the Respondent. Edward L. Graham and J. Layton Ruffin, both of Graham Law Firm, PA, of Florence, for Petitioner. Robert H. Hood, Mary Agnes Hood Craig, and Deborah H. Sheffield, all of Hood Law Firm, LLC, of Charleston, for Respondent. The Court granted certiorari to review the Court of Appeals' decision in Washington v. Rhett, Op. No. 2014-UP-055 (S.C. Ct. App. filed Feb. 5, 2014), which affirmed a jury verdict in favor of Petitioner's obstetrician. |
|
10:00 a.m. | (Time Limits: 10-10-5) |
2014-001192 Laura Riley, as the Personal Representative of the Estate of Benjamin Riley, Petitioner,
v.
Ford Motor Company, Respondent. Ronnie L. Crosby, of Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., of Hampton and Daniel E. Henderson and Matthew V. Creech, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., of Ridgeland, for Petitioner. C. Mitchell Brown, A. Mattison Bogan and Michael J. Anzelmo, all of Nelson Mullins Riley & Scarborough, LLP and Curtis L. Ott and Laura W. Jordan, both of Gallivan White & Boyd, PA, all of Columbia, for Respondent. The Court reviews the court of appeals' decision in Riley v. Ford Motor Co., 408 S.C. 1, 757 S.E.2d 422 (Ct. App. 2014). |
|
10:30 a.m. | (Time Limits: 10-10-5) |
2012-213344 The State, Respondent,
v.
Kevin Jerome Gilliard, Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Deputy Attorney General Deborah R.J. Shupe, all of Columbia and Solicitor Christina T. Adams, of Anderson, for Respondent. The Court granted certiorari to review the court of appeals' opinion in State v. Gilliard, Op. No. 2012-UP-351 (S.C. Ct. App. filed June 13, 2012). Gilliard, the appellant, argues the court of appeals erred in affirming the trial court's refusal to instruct the jury on spoliation where evidence was destroyed by the State prior to trial. |
|
11:00 a.m. | (Time Limits: 15-15-5) |
2015-000373 Arthur L. Jayroe, Jr., in his Capacity as Chief Magistrate of Newberry County, Plaintiff,
v.
Newberry County, South Carolina and Wayne Adams, Defendants.
and
The Honorable Hugh K. Leatherman, Sr., in his capacity as President Pro Tempore of the South Carolina Senate, Intervenor Desa A Ballard and Harvey M. Watson, III, of Ballard & Watson, of West Columbia, for plaintiff Arthur L. Jayroe, Jr. Steve A. Matthews and Sarah P. Spruill, both of Haynsworth Sinkler Boyd, P.A.; and James E. Smith, Jr., of James E. Smith, Jr., P.A., all of Columbia, for respondents Newberry County and Wayne Adams. Kenneth M. Moffitt, Edward H. Bender and Elizabeth H. Brogdon, Counsel to the South Carolina Senate, for Intervenor President Pro Tempore Hugh K. Leatherman, Sr. The Court accepted this case in its original jurisdiction to determine whether respondents have the authority to abolish part-time magistrate positions in Newberry County. |
|
Wednesday, June 17, 2015 | |
Supreme Court Courtroom
|
|
09:30 a.m. | (Time Limits: 10-10-5) |
2014-001070 Tynaysha Horton, Petitioner,
v.
City of Columbia, Respondent. John S. Nichols and Blake A. Hewitt, both of Bluestein Nichols Thompson & Delgado and Dylan W. Goff and James E. Smith, Jr., both of James E. Smith, Jr., PA, all of Columbia, for Petitioner. Dana M. Thye, of Office of the City Attorney, of Columbia, for Respondent. Petitioner contends the court of appeals erred in affirming the trial court's grant of summary judgment to the City of Columbia on Petitioner's cause of action for assault and battery. |
|
10:00 a.m. | (Time Limits: 15-15-5) |
2014-000954 The State, Respondent/Petitioner,
v.
Robert Palmer, Petitioner/Respondent. Appellate Defender Robert M. Pachak, of Columbia, for Petitioner/Respondent. Attorney General Alan Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent/Petitioner. The Court granted cross-petitions to review the Court of Appeals' decision in State v. Palmer & Gorman, 408 S.C. 218, 758 S.E.2d 195 (Ct. App. 2014). |
|
10:30 a.m. | (Time Limits: 15-15-5) |
2014-001008 The State, Petitioner/Respondent,
v.
Julia Gorman, Respondent/Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Petitioner/Respondent. Appellate Defender Susan Barber Hackett, of Columbia, for Respondent/Petitioner. The Court granted cross-petitions for certiorari to review the Court of Appeals' decision in State v. Palmer & Gorman, 408 S.C. 218, 758 S.E.2d 195 (Ct. App. 2014). |
Cases to be Submitted Without Oral Argument | |
Domonique Brown, Petitioner, v. State of South Carolina, Respondent. |
|
Christopher T. Brumback, Spencer Davis Langley, and Bryan S. Haskins, all of Brumback & Langley, LLC, of Greenville, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General James Rutledge Johnson, both of Columbia, for Respondent. |
|
Bruce Wilson, Petitioner, v. State of South Carolina, Respondent. |
|
Appellate Defender LaNelle Cantey DuRant, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General J. Clayton Mitchell, both of Columbia, for Respondent. |