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June 2014 |
NEXT
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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, 2014 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2013-001189 Kevin M. Stoffell, Appellant,
v.
Christy M. Stoffell, Respondent. Harry Clayton Walker, Jr. and Reynolds H. Blankenship, Jr., both of Walker & Reibold, LLC, of Columbia, for Appellant. Charles D. Lee, III, of McLaren & Lee, of Columbia, for Respondent. This case concerns the apportionment of a husband's retirement benefits following a divorce. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-000603 Hoang Berry, Petitioner,
v.
Stokes Import Collision Center, Respondent. Jason G. Soper, of North Charleston, for Petitioner. Harry Clayton Walker, Jr. and Robert Lawrence Reibold, both of Walker Reibold, of Columbia, for Respondent. Petitioner contends that because she has a limited understanding of the English language, she had a right to a competent interpreter in magistrates court and on appeal in circuit court and thus, her case should be remanded and retried. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2012-213014 Ex Parte Coastal Designs, Inc. and Tim Wilkes, Petitioners,
v.
In Re: SRB Servicing,LLC, Successor by assignment to Synovus Bank, formerly known as Columbus Bank and Trust Company, as successor in interest through name change and by merger with the National Bank of South Carolina, Respondent,
v.
And Myrtle Beach Grande Hotel, LLC, Harvey L. Jones, Wendy Jones (J.) Bellamy, Billy Joe (J.) Bellamy, Kersi S. Schroff, Mozingo & Wallace Architects, LLC, Harvey Levon Jones and Wendy Beth Jones Bellamy as Personal Representatives of the Estate of Ann L. Jones, and as Trustee of the Restated and Amended Trust Agreement of Ann L. Jones, dated October 30, 2006, Respondents. Gene M. Connell, Jr., of Kelaher, Connell & Connor, P.C., of Surfside Beach, for Petitioner. Joseph F. Singleton and Kathryn H. Sligh, both of Singleton Burroughs & Young, PA, Scott B. Umstead, of Scott B. Umstead, PA, Susan P. MacDonald, of Nelson Mullins Riley & Scarborough, LLP, all of Myrtle Beach and Kathryn M. Cook, of Cook and Roy, P.C., of North Myrtle Beach, for Respondents. The Court granted certiorari to consider an order of the Court of Appeals dismissing the appeal on several grounds. |
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Wednesday, June 11, 2014 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2012-212233 The State, Respondent,
v.
Mike Salley, Petitioner. Appellate Defender Kathrine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Mark R. Farthing, both of Columbia, for Respondent. The Court granted certiorari to review the decision of the Court of Appeals in State v. Salley, Op. No. 2012-UP-091 (S.C. Ct. App. filed Feb. 22, 2012), which affirmed the circuit court's finding that Petitioner was competent to stand trial. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-212978 The State, Petitioner,
v.
Alonzo Hawes, Respondent. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Petitioner. Ernest Charles Grose, Jr., of Grose Law Firm, of Greenwood and Assistant Public Defender D. Kate Anderson, of Laurens, for Respondent. In this case, the Court reviews the court of appeals' decision in State v. Hawes, 399 S.C. 211, 730 S.E.2d 904 (Ct. App. 2012). |
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10:30 a.m. | (Time Limits: 10-10-5) |
2012-212350 The State, Petitioner,
v.
Shawn Antonio Miller, Respondent. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia and Solicitor Barry Joe Barnette, of Spartanburg, for Petitioner. Appellate Defender Benjamin John Tripp, of Columbia, for Respondent. This Court granted certiorari to review the court of appeals' opinion in State v. Miller, 397 S.C. 630, 725 S.E.2d 724 (Ct. App. 2012), which held the trial court's jury charge on inferred malice was erroneous and accordingly reversed Miller's convictions and remanded for a new trial. |
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Thursday, June 12, 2014 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2012-213002 Katie Green Buist, Respondent,
v.
Michael Scott Buist, Petitioner. Scarlet Bell Moore, of Greenville, for Petitioner. C. Rauch Wise, of Greenwood, for Respondent. In this case, the Court reviews the court of appeals' decision in Buist v. Buist, 399 S.C. 110, 730 S.E.2d 879 (Ct. App. 2012), regarding the family court's award of attorney's fees. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-172947 The State, Respondent,
v.
Darian K. Robinson, Petitioner. Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, all of Columbia and Solicitor W. Walter Wilkins, III, of Greenville, for Respondent. The Court granted certiorari to review an unpublished opinion of the Court of Appeals affirming petitioner's convictions. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2012-212191 Ferguson Fire and Fabrication, Inc., Plaintiff,
v.
Preferred Fire Protection, LLC, Fair Forest
of Greenville, LLC, Thomas F. Wong and
Immedion, LLC, Defendants,
Of Whom Ferguson Fire and Fabrication, Inc., Petitioner,
and Immedion, LLC is, Respondent,
Immedion, LLC, Third-Party Plaintiff,
v.
Rescom Construction, LLC, Third-Party Defendant. Robert E. Culver, of The Culver Law Firm, LLC, of Charleston, for Petitioner. Ronald G. Tate, Jr. and Zachary L. Weaver, both of Gallivan, White & Boyd, PA, of Greenville, for Respondent. This Court granted certiorari to review a Court of Appeals opinion regarding the sufficiency of Petitioner's notice of furnishing (labor or materials) under section 29-5-40 of the S.C. Code to obtain a mechanic's lien. Petitioner contends the Court of Appeals erred in adding new requirements to the statutory notice because the court held (1) a notice cannot be given to an owner until after all materials have been delivered to the worksite, and (2) a notice must contain a demand for payment. |
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Tuesday, June 24, 2014 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2012-212289 The State, Respondent,
v.
Nathaniel Murray, Petitioner. Appellate Defender Carmen Vaughn Ganjehsani, of Columbia and Dayne Phillips, of Lexington, for Petitioner. Attorney General Alan Wilson, Assistant Attorney General David Spencer and Solicitor Daniel E. Johnson, all of Columbia, for Respondent. In this case, the Court reviews the court of appeals' decision in State v. Murray, Op. No. 2012-UP-228 (S.C. Ct. App. filed April 18, 2012). |
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-203786 The State, Respondent,
v.
Kenneth Darrell Morris, II, Petitioner. Johnny Gardner, of Conway, for Petitioner. Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mark R. Farthing, all of Columbia and Solicitor Kevin S. Brackett, of York, for Respondent. This Court granted certiorari to review the court of appeals' opinion in State v. Morris, 395 S.C. 600, 720 S.E.2d 468 (Ct. App. 2011), which affirmed the trial court's denial of Morris's motion to suppress drugs found in the vehicle he was driving. Morris argues the police had no articulable suspicion of criminal activity to expand the scope of the traffic stop and there was no probable cause to justify the search. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2012-212042 The State, Respondent,
v.
Jomar Antavis Robinson, Petitioner. Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Deputy Attorney General Salley W. Elliott, both of Columbia and Solicitor Kevin S. Brackett, of York, for Respondent. Petitioner contends the court of appeals erred in finding the police's warrantless search and seizure did not violate Petitioner's constitutional rights. |
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2:30 p.m. | (Time Limits: 20-20-10) |
2014-001058 Ex parte: Robert W. Harrell, Jr., Respondent,
v.
Attorney General of the State of South Carolina, Appellant.
In re: State Grand Jury Investigation. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Solicitor General Robert D. Cook, Senior Assistant Deputy Attorney General W. Allen Myrick, Assistant Deputy Attorney General S. Creighton Waters, and Assistant Attorney General Brian T. Petrano, all of Columbia, for Appellant. E. Bart Daniel and Gedney M. Howe, III, both of Charleston, Robert E. Stepp, Robert E. Tyson, Jr. and Roland M. Franklin, Jr., all of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Respondent. The Attorney General appeals a circuit court order which, among other things, finds that the State Grand Jury lacks subject matter jurisdiction to consider allegations that the South Carolina Ethics, Government Accountability and Campaign Reform Act has been violated. |
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Wednesday, June 25, 2014 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2012-212473 Carolina Convenience Stores, Inc., Harry Lancaster, Jr., as Power of Attorney for Harry Lancaster, Sr. and Willard Oil Company, Petitioners,
v.
City of Spartanburg, Respondent. Charles J. Hodge and T. Ryan Langley, of Hodge & Langley Law Firm, PC, of Spartanburg, for Petitioner. David L. Morrison, of Morrison Law Firm, of Columbia, for Respondent. The Court granted Carolina Convenience Stores' petition for rehearing to review its decision in Carolina Convenience Stores, Inc. v. City of Spartanburg, No. 2012-212473, 2016 WL 4537656 (August 21, 2016). |
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-213592 The State, Petitioner,
v.
Richard Bill Niles, Jr., Respondent. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Brendan J. McDonald, all of Columbia and Solicitor Jimmy A. Richardson, of Conway, for Petitioner. Chief Appellate Defender Robert M. Dudek, of Columbia and Reid T. Sherard, of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondent. Petitioner contends the Court of Appeals erred in determining Respondent was entitled to a jury instruction on voluntary manslaughter where the evidence at trial failed to establish Niles was acting in the sudden heat of passion. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2013-000650 Shaul Levy and Meir Levy, Appellants,
v.
Carolinian, LLC, Respondent. R. Wayne Byrd and Mark B. Goddard, both of Turner Padget Graham & Laney, P.A., of Myrtle Beach, R. Hawthorne Barrett, of Turner Padget Graham & Laney, P.A., of Columbia, and Carlyle Cromer, of Myrtle Beach, for Appellants. Benjamin A. Baroody, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Respondent. This is a direct appeal regarding a foreclosure sale and the transfer of a distributional interest in an LLC. |