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September 2006 |
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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 19, 2006 | |
09:30 a.m. | |
4248 South Carolina Department of Social Services, Respondent v. Travis S. Buckner, Appellant. Jeremy C. Whitley, of Nelson Mullins Riley & Scarborough, of Columbia, for Appellant. P. Lawrence Hoffman, of Columbia, for Respondent. This is an appeal from an order of the family court increasing the child support obligation of Appellant, Travis Buckner. Buckner asserts the family court erred in increasing his support obligation and in requiring the payments be made to a third party (the maternal grandmother).
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10:00 a.m. | |
4249 Timothy Ross Howell, Plaintiff v. United States Fidelity and Guaranty Insurance Company, Defendants. Stuart G. Anderson, Jr. and R. Mills Ariail, Jr., both of Anderson, Fayssoux & Chasteen, of Greenville and John S. Nichols, of Columbia, for Plaintiff. C. Mitchell Brown and William C. Wood, Jr., both of Nelson Mullins Riley & Scarborough, of Columbia, for Defendant. In this matter, the federal district court certified the following questions to the Supreme Court: (1) must an insurer offer underinsured motorist coverage to the name insured on an insurance policy covering only hired and non-owned vehicles which are utilized in the course and scope of the insured’s business; (2) is the Fidelity policy at issue a “policy” or “policy of automobile insurance as defined in S.C. Code § 38-77-30(10.5); and (3) do S.C. Code §§ 38-77-160 and -350 apply to the Fidelity policy at issue?
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10:30 a.m. | |
4250 Laura Lawton Arnal, Petitioner v. David Emil Arnal, Respondent. Donald Bruce Clark, Susan C. Rosen and Robert N. Rosen, both of Rosen Law Firm, LLC, all of Charleston, for Petitioner. Sally G. Calhoun, of Beaufort, for Respondent. Petitioner asks the Court to review the Court of Appeals’ decision in Arnal v. Arnal, 363 S.C. 268, 609 S.E.2d 821 (Ct.App. 2005). The Court granted a petition for writ of certiorari to resolve the following issues: (1) whether the Husband was voluntarily underemployed and thus should have been imputed income for the purpose of calculating child support; (2) whether the equitable division of marital property by the family court was proper; (3) whether the family court properly excluded evidence as irrelevant; and (4) whether the Court of Appeals erred in awarding the Respondent additional Easter and summer visitation.
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Wednesday, September 20, 2006 | |
09:30 a.m. | |
4252 The State, Respondent v. Troy Alan Burkhart, Appellant. Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent 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 Assistant Attorney General Derrick K. McFarland, of Office of the Attorney General, of Columbia, and Solicitor Christina Theos Adams, of Anderson, for Respondent. This capital case raises evidentiary issues including a challenge to the admission of evidence regarding general prison conditions introduced in sentencing.
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10:00 a.m. | |
4253 South Carolina Department of Mental Health, Plaintiff/Petitioner v. Henry Dargan McMaster, Attorney General of South Carolina and The State Budget and Control Board, Defendants/Respondents. Mark W. Binkley, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert D. Cook and Senior Assistant Attorney General C. Havird Jones, Jr., of Office of the Attorney General, of Columbia, for Respondent, Attorney General. Edwin E. Evans, David K. Avant and M. Richbourg Roberson, of Columbia, for Respondent, State Budget and Control Board. This is a matter in the Court’s original jurisdiction. The parties seek a declaration as to whether or not property owned by the Department of Mental Health, and referred to as the “Bull Street Property” is included within a charitable trust and, if so, whether and under what conditions the property may be sold.
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10:30 a.m. | |
4254 South Carolina Department of Social Services, County of Siskiyou, and Debra J. Little, Plaintiffs, Of Whom South Carolina Department of Social Services is, Respondent v. Michael D. Martin, Petitioner. C. Rauch Wise and Billy J. Garrett, Jr., both of Greenwood, for Petitioner. Holly C. Walker, of Columbia, for Respondent. The Court granted a writ of certiorari to determine whether the Court of Appeals erred in holding that a South Carolina order of child support did not nullify a previous California order of support under the Uniform Reciprocal Enforcement of Support Act, S.C. Code Ann. §§ 20-7-960 to 1170 (1985). The Court is also asked to determine whether the doctrine of the law of the case precludes the parties from changing the order of the family court.
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11:00 a.m. | |
4264 Lee County School District Board of Trustees, Appellant v. MLD Charter School Academy Planning Committee, Respondent. Charles J. Boykin and Karla McLawhorn Hawkins, both of Boykin, Davis, Hawkins and Caldwell, LLC, of Columbia, for appellant. Cathy Hoefer McCabe, of The Ward Law Firm, of Spartanburg, for respondent. The Appellant denied the Respondent’s application for a charter school. The State Board of Education reversed the Appellant and the circuit court affirmed. In this appeal, the Court is asked to determine whether the circuit court erred based on the South Carolina Charter Schools Act, S.C. Code Ann. § 59-40-10 to 210.
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03:00 p.m. | |
4256 In the Interest of Amir X. S., a juvenile under the age of seventeen, Appellant. Assistant Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Deborah R. J. Shupe, of Office of the Attorney General, of Columbia and Solicitor Jerry W. Peace, of Greenwood, for Respondent. This case raises the issue of whether section 16-17-420 of the South Carolina Code governing behavior that disturbs or interferes with schools is unconstitutional because it is vague and/or overbroad.
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Thursday, September 21, 2006 | |
09:30 a.m. | |
4260 CASE SETTLED - ORAL ARGUMENT CANCELLED - Sunbelt National Marketing, Respondent v. Ralph E. Hoisington, in his official capacity as Solicitor of the Ninth Judicial Circuit for the State of South Carolina, Henry Dargan McMaster, in his official capacity as Attorney General for the State of South Carolina, Robert M. Stewart, in his official capacity as Chief of the South Carolina Law Enforcement Division, and the State of South Carolina, Appellants. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert D. Cook Sr., Senior Assistant Attorney General C. Havird Jones, Jr. and Assistant Attorney General Elizabeth R. McMahon, of Office of the Attorney General, of Columbia, for Appellants. Jonathan S. Altman and D. Peters Wilborn, Jr., both of Derfner, Altman & Wilborn, LLC, of Charleston, for Respondent.
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09:30 a.m. | |
4255 CASE SETTLED - ORAL ARGUMENT CANCELLED - Sunbelt National Marketing, Appellant v. Ralph E. Hoisington, in his official capacity as Solicitor of the Ninth Judicial Circuit for the State of South Carolina, Henry Dargan McMaster, in his official capacity as Attorney General for the State of South Carolina, Robert M. Stewart, in his official capacity as Chief of the South Carolina Law Enforcement Division, and the State of South Carolina, Respondents. D. Peters Wilborn, Jr. and Jonathan S. Altman, both of Derfner, Altman & Wilborn, LLC, of Charleston, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert D. Cook, Senior Assistant Attorney General C. Havird Jones, Jr. and Assistant Attorney General Elizabeth R. McMahon, of Office of the Attorney General, of Columbia, for Respondents.
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Cases to be Submitted Without Oral Argument | |
Joseph Lee Ard, Respondent v. William D. Catoe, Director, South Carolina Department of Corrections, Petitioner. |
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Attorney General Henry Dargan McMaster, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Melody J. Brown, of Office of the Attorney General, of Columbia, for Petitioner. William Norman Nettles, of Columbia and Warren Seeds, of New York, for Respondent. |
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William R. Talley, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christopher L. Newton, of Office of the Attorney General, of Columbia, for Petitioner. Walter Haskell Hinton, II, of Nelson Mullins Riley & Scarborough of Greenville and Aisha S. Lusk, both of Nelson Mullins Riley & Scarborough, of Columbia, for Respondent. |
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Brian W. Major, Petitioner v. State of South Carolina, Respondent |
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W. Gaston Fairey, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christopher L. Newton, of Office of the Attorney General, of Columbia, for Respondent. |
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Rocksell Wright, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen C. Ratigan, of Office of the Attorney General, of Columbia, for Petitioner. Assistant Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia and Robert Matthew Sneed, of Greenville, for Respondent. |
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William J. Splawn, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Aileen P. Clare, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Molly R. Crum, of Office of the Attorney General, of Columbia, for Respondent. |