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September 2003 |
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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, September 23, 2003 | |
09:30 a.m. | |
3739 Auto-Owners Insurance Company and Owners Insurance Company, Plaintiffs v. Carl Brazell Builder, Inc., Essex Homes Southeast, Inc., Rex Thompson Builders, Inc., Marc Homebuilders, Inc., Garryle Deas, Veronica Deas, Alma E. Owens, Toni C. Yarber, Ron Thomas, Candace R. Thomas, Henry O. Jacobs Builders, Inc., James Waldon, Lela Waldon,
Reginald Perry, Jeanette Perry, Theodore Cole, Susan Irwin, Mike Irwin, Webb Thompson and Diane Thompson, Defendants. Grenville Delorme Morgan, Jr., and Larry A. Foster, Jr., both of McAngus, Goudelock & Courie, of Columbia, for Plaintiffs. Charnell Glenn Peake, of Peake, Fowler & Associates, of Columbia, for Defendant Carl Brazell Builders, Inc. Robert Charles Brown, of Brown & Brehmer, of Columbia, for Defendants Essex Homes Southeast, Rex Thompson Builders and Marc Homebuilders, Inc. Hardwick Stuart, Jr., of Berry, Quackenbush & Stuart, of Columbia, for Defendant Marc Homebuilders, Inc. Robert Daniel Dodson, of Strom Law Firm, of Columbia, for Defendants Garryle Deas, Veronica Deas, Alma E. Owens, Toni C. Yarber, Ron Thomas, Candace R. Thomas, James Waldon, Lela Waldon, Reginald Perry, Jeanette Perry, Theodore Cole, Susan Irwin, Mike Irwin, Webb Thompson and Diane Thompson. Robert J. Thomas, of Rogers, Townsend & Thomas, of Columbia, for Defendant Henry O. Jacobs Builders, Inc. The Court accepted several certified questions from the United States District Court for the District of South Carolina concerning the applicability of comprehensive general liability insurance policies to an underlying suit in state court.
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10:00 a.m. | |
3740 The State, Respondent v. Jerry B. McWee, Movant. John F. Hardaway and Melissa Jane Reed Kimbrough, both of Columbia, for Movant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all Columbia, for Respondent. The Court agreed to hear this death row inmate's habeas corpus petition alleging his entitlement to relief because of the trial court's failure to charge the jury on petitioner's parole eligibilty.
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10:30 a.m. | |
3741 In the Matter of John C. Broome, Respondent. Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., of Columbia, for the Office of Disciplinary Counsel. Carol S. Broome, of Columbia, for Respondent. Respondent takes exception to the Commission on Lawyer Conduct’s findings and recommended sanctions.
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Wednesday, September 24, 2003 | |
09:30 a.m. | |
3719 United Student Aid Funds, Inc., Petitioner v. The South Carolina Department of Health and Environmental Control, an Agency of the State of South Carolina; Grady L. Patterson, in his official capacity as Treasurer for the State of South Carolina; and James A. Lander, in his official capacity as Comptroller General for the State of South Carolina, Respondents. Lil Ann Gray and James D. Cooper, Jr., both of Cooper, Coffas, Moore & Gray, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for Respondents Grady L. Patterson and James A. Lander. Carlisle Roberts, Jr., and Elizabeth F. Potter, both of Columbia, for Respondent South Carolina Department of Health and Environmental Control. This case is before the Court on a writ of certiorari to the Court of Appeals. The issues concern whether a state agency must comply with the garnishment provisions of the Federal Family Education Loan Program.
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10:00 a.m. | |
3742 Nellie Durham, Respondent-Appellant v. David Vinson, Jr., M. D. and Upstate General Surgery, P.A., Appellants-Respondents. O. Doyle Martin, Jack H. Tedards, Jr., Russell D. Ghent and Seann A. Gray, all of Leatherwood, Walker, Todd & Mann, of Greenville; and Alexander M. Sanders, Jr., of Charleston, for Appellants-Respondents. Joseph G. Wright, III, of Wright Law Offices, of Anderson; Chad Alan McGowan, of McGowan & Hood Law Firm, of Rock Hill; and F. Patrick Hubbard, of Columbia, for Respondent-Appellant. This medical malpractice case involves several issues regarding admission of evidence and issues concerning the punitive damage award.
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10:30 a.m. | |
3743 In the Matter of Randall M. Chastain, Respondent. Disciplinary Counsel Henry B. Richardson, Jr., and Michael S. Pauley, both of Columbia, for the Office of Disciplinary Counsel. Randall M. Chastain, pro se, of Charleston. This is an attorney disciplinary matter.
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Thursday, September 25, 2003 | |
09:30 a.m. | |
3744 Doris Stieglitz Ward, individually and on behalf of all others similarly situated, Appellants v. State of South Carolina, Respondent. John M.S. Hoefer, Paige Jones Gossett, both of Willoughby & Hoefer, of Columbia; and A. Camden Lewis, of Lewis, Babcock & Hawkins, of Columbia, for Appellant. Vance J. Bettis and Shahin Vafai, both of Gignilliat, Savitz & Bettis, of Columbia, for Respondent. This case involves whether Act No.189 is constitutional under the intergovernmental tax immunity doctrine and 4 U.S.C. Section 111.
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10:00 a.m. | |
3745 The State, Petitioner v. Kenneth Andrew Burton, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor W. Townes Jones, IV, of Greenwood, for Petitioner. Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for Respondent. The State appeals a decision of the Court of Appeals granting Burton a directed verdict because of possible illegal search and seizure violation. Also, the parties were asked to brief whether or not pointing and presenting a firearm is a lesser included offense of assault with intent to kill.
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10:30 a.m. | |
3746 In the Matter of David E. Belding, Respondent. Attorney General Henry Dargan McMaster and Senior Assistant Attorney General James G. Bogle, Jr., both of Columbia, for the Office of Disciplinary Counsel. John P. Freeman, of Columbia, for Respondent. Respondent takes exception to the Commission on Lawyer Conduct’s findings and recommended sanctions.
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Cases to be Submitted Without Oral Argument | |
David E. Thompson, Petitioner v. State of South Carolina, Respondent. |
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Katherine Carruth Link, of Columbia; and South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General William Bryan Dukes, all of Columbia, for Respondent. |
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Alan Anderson, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Tara S. Taggart, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent. |
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John Earl Bates, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General David A. Spencer, all of Columbia, for Petitioner. Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for Respondent. |
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Andrew Taylor, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Robert M. Pachak, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent. |
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Alfred W. LaSure, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Tara S. Taggart, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Respondent. |