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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, September 21, 2004
 09:30 a.m.
3923   Celestino Rodriguez, Employee, Claimant, v. Hector Romero, Employer, and The Insurance Corporation of New York (INSCORP) and Capital City Insurance Company, Carriers, Defendants, of whom The Insurance Corporation of New York (INSCORP) is the Appellant and Capital City Insurance Company is the Respondent.

Stephen L. Brown and Amy E. Mathisen, both of Young Clement Rivers & Tisdale, of Charleston, for Appellant. Stanford E. Lacy and Christian Stegmaier, both of Collins & Lacy, of Columbia, for Respondent.

This is a worker's compensation case. The claimant, Rodriguez, was injured on June 27, 2000, while working at a construction cite for Romero, a sub-contractor who utilized Spanish speaking workers. The issues on appeal all involve which insurance carrier, INSCORP (a New York carrier) or Capital City Insurance Co. provided coverage for the accident. The circuit court held INSCORP was responsible for providing benefits to Rodriguez.

 10:00 a.m.
3924   Charlene Taylor, John Sketers and Delores Wilson, Appellants v. Town of Atlantic Beach Election Commission, Irene Armstrong, Jake Evans and Sherry Suttles, Respondents.

Ernest A. Finney, Jr., of the Finney Law Firm, of Columbia, Emma Ruth Brittain and Matthew R. Magee, both of Thompson and Henry, of Myrtle Beach, and Helen Tyler McFadden, of Kingstree, for Appellants. Charles L. A. Terreni, of Columbia, and John C. Zilinski, of Conway, for Respondents, Irene Armstrong, Jake Evans and Sherry Suttles. Louis Milton Cook, of North Myrtle Beach and Darryl Caldwell, of Duff Turner White & Boykin, of Columbia, for Respondent, Town of Atlantic Beach Election Commission.

This case is an appeal from an election protest. Appellants challenge the circuit court's ruling affirming the election results by alleging, among other things, that voters' right to cast a secret ballot was violated with regard to challenged and absentee ballots; there were discrepancies between the number of people voting and number signing the poll list; and the circuit court erred in declining to remand the protest to the town's election commission.

 10:30 a.m.
3925   The State, Respondent v. William E. Downs, Jr., Appellant.

Assistant Appellate Defender Robert M. Dudek, of the Office of Appellate Defense and Jeffrey P. Bloom, both of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

This is a death penalty case involving issues related to pleas, sentencing, and jurisdiction.

Wednesday, September 22, 2004
 09:30 a.m.
3926   Progressive Casualty Insurance Company, Plaintiff v. Louis Leachman, Defendant.

J.R. Murphy and Adam J. Neil, both of Murphy & Grantland, of Columbia, for Plaintiff. Jay T. Gouldon, of Stoney Gouldon & Roddey, LLP, of Charleston and James B. Richardson, Jr., of Richardson & Birdsong, both of Columbia, for Defendant. Darra W. Cothran and Edward M. Woodward, both of Woodward, Cothran & Herndon, of Columbia; Richard Hodyl, Jr., Thomas J. Pontikis, and Michael J. Borree, all of Williams, Montgomery and John, of Chicago, Illinois, for Amicus Curiae Property Casualty Insurers Association.

The federal district court has certified two questions to this Court concerning whether an insurance company made a meaningful offer of underinsured motorist coverage to an insured.

 10:00 a.m.
3927   Video Management, Inc., d/b/a C & C Video, Appellant v. City of Charleston Board of Zoning Appeals, Lee Batchelder in his official capacity as Zoning Administrator, Respondent.

Thomas R. Goldstein, of Belk, Cobb, Infinger & Goldstein PA, of Charleston and H. Louis Sirken, of Cincinnati, Ohio, for Appellant. Tim Domin, of Clawson & Staubes, LLC and Charlton DeSaussure, Jr., of Haynsworth Sinkler Boyd, PA, both of Charleston, for Respondent.

This case involves a constitutional vagueness challenge to an adult-use zoning restriction.

 10:30 a.m.
3931   The State, Respondent v. Jonathan Kyle Binney, Appellant.

Acting Chief Attorney Joseph L. Savitz, III, of the Office of Appellate Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

Appellant appeals murder conviction arguing that signed confession was inadmissible because it was taken in violation of his Fifth Amendment right to have counsel present during a custodial interrogation.

Thursday, September 23, 2004
 09:30 a.m.
3928   Sheila Allison Pelfrey, Respondent v. Mitchell Thomas Pelfrey, Appellant.

Kurt Duane Gibson, of Anderson, for Appellant. William N. Epps, Jr., of Epps and Nelson, of Anderson, for Respondent.

This is a domestic action. Appellant filed a Rule 60(b) motion to amend the final divorce decree on the ground that the family court inadvertantly failed to equitably divide the deficiency from the sale of the marital residence. The family court held it lacked jurisidiction under Rule 60(b) to modify the final decree.

 10:00 a.m.
3929   Quality Towing, Inc., Respondent v. City of Myrtle Beach and William D. Stephens, Appellants.

James B. Van Osdell, Charles B. Jordan, Jr., both of Van Osdell, Lester, Howe & Jordan, P.A., of Myrtle Beach and Andrew F. Lindemann, of Davidson Morrison & Lindemann, of Columbia, for Appellants. Robert C. Childs, III and Laura W.H. Teer, both of Mitchell, Bouton, Yokel & Childs, of Greenville, for Respondent.

This case involves whether the lower court abused its discretion in its award of attorney's fees to the respondent.

 10:30 a.m.
3930   Regina Spruill, Appellant v. Richland County School District 2, Employer and EBI Companies, Carrier, Respondents.

Preston F. McDaniel, of McDaniel & Johnson and John S. Nichols, of Bluestein & Nichols, both of Columbia, for Appellant. W. Hugh McAngus, of McAngus Goudelock & Courie, LLC, of Columbia, for Respondents.

The primary issue in this Workers' Compensation Commission appeal is whether substantial evidence supports the Commission's decision denying benefits to the claimant.

 

Cases to be Submitted Without Oral Argument

Damon Griffin, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Petitioner. Acting Deputy Chief Attorney Wanda P. Hagler, of the Office of Appellate Defense, of Columbia, for Respondent.

Gail L. Pitts, Petitioner v. State of South Carolina, Respondent.

Acting Deputy Chief Attorney Wanda P. Hagler, of the 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 Assisant Attorney General David Spencer, all of Columbia, for Respondent.

Tyrone Barker, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Adrianne Turner, all of Columbia, for Petitioner. Assistant Appellate Defender Tara S. Taggart, of the Office of Appellate Defense, of Columbia, for Respondent.

Theodore Bailey, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Robert M. Pachak, of the Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Assistant Deputy Attorney General John W. McIntosh and Assistant Attorney General Elizabeth McMahon, all of Columbia, for Respondent.

Raymond Magazine, Respondent/Petitioner v. State of South Carolina, Petitioner/Respondent.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Elizabeth R. McMahon, all of Columbia for Petitioner-Respondent. Assistant Appellate Defender Robert M. Pachak, of the Office of Appellate Defense, of Columbia, for Respondent-Petitioner.