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South Carolina
Judicial Branch
Supreme Court - Roster of Cases for Hearing

   
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 11, 2019
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 10-10-5)  
2016-002304   Eugene Thomas, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Benjamin Hunter Limbaugh, both of Columbia, for Respondent.

This post-conviction relief action concerns whether the PCR court erred in concluding trial counsel was not ineffective in deciding to preserve the right to final closing argument rather than call two potential alibi witnesses.

 10:00 a.m. (Time Limits: 15-15-5)  
2018-000137   Preservation Society of Charleston, Historic Charleston Foundation, Historic Ansonborough Neighborhood Association, South Carolina Coastal Conservation League, Charleston Chapter of the Surfrider Foundation, and Charleston Communities for Cruise Control, Petitioners, v. South Carolina Department of Health and Environmental Control and South Carolina State Ports Authority, Respondents.

J. Blanding Holman IV, of Southern Environmental Law Center, of Charleston, Amy E. Armstrong, of South Carolina Environmental Law Project, of Pawleys Island and Jefferson Leath, of Leath, Bouch & Seekings, LLP, of Charleston, for Petitioners. Bradley D. Churdar, of South Carolina Department of Environmental Control, of North Charleston, Randolph R. Lowell, of Willoughby and Hoefer P.A., of Charleston, Tracey C. Green and Chad N. Johnston, both of Willoughby & Hoefer, PA, of Columbia, for Respondents.

This case stems from several orders issued by the administrative law court (ALC) in a contested case proceeding in which Petitioners challenge various permits issued by the South Carolina Department of Health and Environmental Control for a proposed cruise ship terminal on the Charleston peninsula. The court of appeals affirmed the ALC. Pres. Soc'y of Charleston v. S.C. Dep't of Health & Envtl. Control, Op. No. 2017-UP-403 (S.C. Ct. App. filed Oct. 18, 2017). The Court granted certiorari to review the court of appeals' decision.

 10:30 a.m. (Time Limits: 15-15-5)  
2017-002479   The State, Respondent, v. Robert Lee Moore, Petitioner.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia, and Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

Robert Lee Moore appeals his conviction of attempted murder, arguing the trial court should have suppressed the evidence found from the search of his cell phone. A majority of the court of appeals affirmed petitioner's conviction and sentence. State v. Moore, 421 S.C. 167, 805 S.E.2d 585 (Ct. App. 2017). We now determine whether the court of appeals erred in affirming the trial court where two of the judges agreed petitioner's constitutional rights were violated when the police searched his cell phone without a warrant, yet found on inconsistent bases that the fruits of the warrantless search would have been inevitably discovered.

Wednesday, June 12, 2019
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2018-001309   Commissioners of Public Works of the City of Laurens, South Carolina, also known as the Laurens Commission of Public Works, Respondent, v. City of Fountain Inn, South Carolina, Petitioner.

Sarah Patrick Spruill, Boyd Benjamin Nicholson, Jr., both of Haynsworth Sinkler Boyd, PA; and David W. Holmes, of Holmes Law Firm, all of Greenville, for Petitioner. Robert L. Widener, of Burr & Forman, LLP, of Columbia, and Bernie W. Ellis, of Burr & Forman, LLP, of Greenville, both for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in Commissioners of Public Works of the City of Laurens v. City of Fountain Inn, 423 S.C. 461, 815 S.E.2d 21 (Ct. App. 2018).

 10:00 a.m. (Time Limits: 15-15-5)  
2018-000337   Laverne Bazen and Pansy Bazen, Respondents, v. Tammie Bazen, Appellant.

Whitney B. Harrison, of McGowan, Hood & Felder, LLC, of Columbia, Carolyn R. Hills and Jennifer D. Hills, both of Myrtle Beach, for Appellant. Stuart W. Snow of Dusenbury, Snow & Evans, PA, of Florence and Charles Edward Parrish, of Conway, for Respondents. Melissa Meyers Frazier, of Little River, Guardian ad Litem.

Appellant appeals the family court's order awarding grandparent visitation pursuant to subsection 63-3-530(A)(33) of the South Carolina Code.

 10:30 a.m. (Time Limits: 20-20-10)  
2018-001140   David Wilson, individually and derivatively on behalf of Carolina Custom Converting, LLC, Plaintiff, v. John Gandis, Andrea Comeau-Shirley, Zoi Films, LLC, and Carolina Custom Converting, LLC, Defendants, John Gandis and Andrea Comeau-Shirley, Third-Party Plaintiffs, v. Carolina Custom Converting, LLC, Third Party Defendant and Counterclaim Plaintiff, v. Dave Wilson, Steve Norvell, Neologic Distribution, Inc. and Fresh Water Systems, Inc., Of Whom David Wilson, Neologic Distribution, Inc., and Fresh Water Systems, Inc., are the Respondents, and John Gandis, Andrea Comeau-Shirley, and Carolina Custom Converting, LLC, are the Petitioners.

D. Randall Moody, III and John W. Sulau, both of Jackson Lewis, P.C., of Greenville, Burl F. Williams and Konstantine P. Diamaduros, both of Nexsen Pruet, LLC, of Greenville, for Petitioners. W. Andrew Arnold and Bruce B. Campbell, both of Horton Law Firm, of Greenville, for Respondents.

This case involves lawsuits for member oppression and trade secret misappropriation. The Court granted petitions for writs of certiorari to review the court of appeals' decision in Wilson v. Gandis, Op. No. 2018-UP-078 (S.C. Ct. App. filed Feb. 7, 2018), in which the court of appeals affirmed the circuit court and adopted the circuit court's order in its entirety.

Thursday, June 13, 2019
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2017-000227   A. Marion Stone, III, Respondent, v. Susan B. Thompson, Petitioner.

Donald Bruce Clark, of Donald B. Clark, LLC, of Charleston, for Petitioner. Alexander Blair Cash and Daniel Francis Blanchard, III, both of Rosen Rosen & Hagood, LLC, of Charleston, for Respondent.

Respondent filed an action in the Family Court of Charleston County alleging he and petitioner had entered into a common law marriage and seeking divorce, equitable distribution, and other relief. The family court bifurcated the case to determine first whether a common law marriage existed, ultimately determining it did. Petitioner appealed, but the court of appeals determined the family court order was not final and appealable. We reversed in Stone v. Thompson, Op. No. 27876 (Filed April 3, 2019), and retained jurisdiction to adjudicate the merits.

 10:00 a.m. (Time Limits: 10-10-5)  
2017-002402   The State, Respondent, v. Damyon Cotton, Petitioner.

Lesley Anne Firestone, of Moore & Van Allen, PLLC, of Charleston; Chief Appellate Defender Robert Michael Dudek and Appellate Defender Lara Mary Caudy, both of Columbia, all for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor William Benjamin Rogers, Jr., of Bennettsville, all for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Cotton, Op. No. 2017-UP-356 (S.C. Ct. App. filed Sept. 6, 2017).

 10:30 a.m. (Time Limits: 15-15-5)  
2018-000769   Robert L. Harrison, Employee, Petitioner, v. Owen Steel Company, Inc., Employer, and Old Republic Insurance Company c/o Gallagher Bassett Services, Inc., Carrier, Respondents.

Frank A. Barton, of West Columbia, for Petitioner. Helen F. Hiser, of Mount Pleasant, and Jason Wendell Lockhart, of Columbia, both of McAngus Goudelock & Courie, LLC, for Respondents.

The Court reviews the court of appeals' published opinion. Harrison v. Owen Steel Co., Inc., 422 S.C. 132, 810 S.E.2d 433 (Ct. App. 2018).

 

Cases to be Submitted Without Oral Argument

Derrick Fishburne, Petitioner, v. State of South Carolina, Respondent.

Tristan Shaffer, of Chapin, for the Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Benjamin Hunter Limbaugh, both of Columbia, for the Respondent.

Antrell R. Felder, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Deputy Attorney General Donald J. Zelenka, both of Columbia, for Respondent.

Clair Craver Johnson, Respondent, v. John Roberts, M.D., Petitioner. and Clair Craver Johnson, Respondent, v. Medical University of South Carolina, Petitioner.

Stephen L. Brown, D. Jay Davis, Jr., James E. Scott, IV and Russell G. Hines, all of Young Clement Rivers, LLP, of Charleston and Joseph C. Wilson, IV and William P. Early, both of Pierce, Sloan, Wilson, Kennedy & Early, LLC, of Charleston, for Petitioners. Jonathan Blake Asbill, of Baker, Ravenel and Bender, LLP, of Columbia, for Respondent.