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September 2009 |
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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.
Wednesday, September 2, 2009 | |
11:00 a.m. | |
4819 In the Matter of Joel Dean Bieber, Respondent. Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, both of Columbia, for Office of Disciplinary Counsel. Desa Ballard, of West Columbia, and Clayton Monroe Custer, of Womble, Carlyle, Sandridge and Rice, of Greenville, for Respondent. This is an attorney disciplinary matter.
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Tuesday, September 15, 2009 | |
09:30 a.m. | |
4822 The State, Respondent, v. Quincy Jovan Allen, Appellant. Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek and Appellate Defender Kathrine H. Hudgins, both 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 Solicitor Warren Blair Giese, all of Columbia, for Respondent. This is a direct appeal from a death sentence imposed after Allen pleaded guilty to two counts of murder, assault and battery, second degree arson, two counts of third degree arson, and pointing and presenting a firearm. The sentencing proceeding was conducted by the trial judge, without a jury, and Allen was sentenced to death for the two murders. He appeals the sentence contending that a) comments made by the trial court concerning deterrence to young mothers renders the sentence inappropriate, b) the lack of a finding of a statutory aggravating circumstance negates the possibility of a death sentence, and c) that the requirement of S.C. Code Ann. § 16-3-20 that when a defendant pleads guilty in a capital case, the sentencing proceeding must be conducted by the trial judge, unconstitutionally deprives him of the right to a jury trial.
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10:00 a.m. | |
4823 Eugene Jamison and Delores Isaac, Individually and as Personal Representative of the Estate of Virnell Isaac, Petitioners, v. Ford Motor Company, Respondent. Stephanie P. McDonald, of Senn, McDonald & Leinbach, of Charleston, Samuel K. Allen, of Anastopoulo and Clore, of Charleston and James E. Carter, of Savannah, GA, all for Petitioners. J. Kenneth Carter, Jr., and Curtis L. Ott, both of Turner, Padget, Graham & Laney, of Columbia, for Respondent. The Court granted certiorari to consider the Court of Appeals’ decision in Jamison v. Ford Motor Co., 373 S.C. 248, 644 S.E.2d 755 (Ct. App. 2007).
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10:30 a.m. | |
4824 In the Matter of Michael E. Atwater, Respondent. Disciplinary Counsel Lesley M. Coggiola and Senior Assistant Disciplinary Counsel C. Tex Davis, Jr., both of Columbia, for Office of Disciplinary Counsel. Desa Ballard, of West Columbia, for Respondent. This is an attorney disciplinary matter.
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Wednesday, September 16, 2009 | |
09:30 a.m. | |
4825 The State, Respondent, v. Dominique Donte Moore, Petitioner. James W. Boyd, of Rock Hill, for Petitioner. Attorney General Henry Dargan McMaster, Assistant Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina J. Catoe, all of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent. The Court granted certiorari to review State v. Moore (2008-UP-135 Ct. App. March 4, 2008) in which the Court of Appeals affirmed the trial court’s evidentiary ruling.
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10:00 a.m. | |
4826 Frederick D. Shuler, Petitioner, v. Tri-County Electric Co-op, Inc., Employer, and Federated Rural Electric Insurance Corp., Carrier, Respondents. Kevin Hayne Sitnik and John G. Felder, Jr., both of McGowan, Hood and Felder, of Columbia, for Petitioner. W. Hugh McAngus, Weston Adams, III, and Helen F. Hiser, all of McAngus Goudelock & Courie, of Columbia, for Respondents. In this case, the Petitioner appeals the Court of Appeals’ decision that he is not an employee of Tri-County for purposes of the Workers’ Compensation Act.
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10:30 a.m. | |
4827 Lois Burris Brunson, Respondent, v. Dennis Dean Brunson, Petitioner. John S. Nichols, of Bluestein, Nichols, Thompson and Delgado, and David Christopher Shea, both of Columbia, for Petitioner. Thomas F. McDow and Erin U. Fitzpatrick, both of Rock Hill, for Respondent. In this family law case, Husband argues the Court of Appeals erred on issues related to alimony and the apportionment of the marital estate.
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Thursday, September 17, 2009 | |
09:30 a.m. | |
4828 Johnny Crawford and Lillie B. Crawford, Appellants, v. City of York, City of Clover and York County, Defendants, of whom York County is the Respondent. Melvin Roberts, of York, for Appellants. Terry Millar, of Rock Hill, for Respondent. In this case, Appellants appeal the trial court’s ruling finding that the Sheriff is not an employee of York County and granting summary judgment in favor of York County.
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10:00 a.m. | |
4829 Floree Hooper, as Personal Representative of the Estate of Albert L. Clinton, Deceased, Petitioner, v. Ebenezer Senior Services and Rehabilitation Center, Respondent. John S. Nichols, of Bluestein, Nichols, Thompson and Delgado, of Columbia, and Robert V. Phillips, of McGowan, Hood, Felder and Johnson, of Rock Hill, for Petitioner. R. Gerald Chambers and R. Hawthorne Barrett, both of Turner, Padget, Graham & Laney, of Columbia, for Respondent. This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in Hooper v. Ebenezer Senior Services and Rehabilitation Center, 377 S.C. 217, 659 S.E.2d 213 (Ct. App. 2008), in which the Court of Appeals affirmed the trial court’s grant of summary judgment to Ebenezer after concluding Hooper’s action was barred as untimely.
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10:30 a.m. | |
4830 In the Matter of Oliver W. Johnson, Respondent. Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for Office of Disciplinary Counsel. Oliver W. Johnson, III, of Columbia, pro se Respondent. This is an attorney disciplinary case.
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Cases to be Submitted Without Oral Argument | |
Larry Hendricks, Appellant, v. South Carolina Department of Corrections, Respondent. |
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Larry E. Hendricks, of Ridgeland, pro se Appellant. Barton Jon Vincent, of Columbia, for Respondent. |
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Frederick Y. Culp, Petitioner, v. State of South Carolina, Respondent. |
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Deputy Chief Appellate Defender Wanda H. Carter, 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 Ashley McMahan, all of Columbia, for Respondent. |
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Andy Gilchrist, Petitioner, v. State of South Carolina, Respondent. |
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Deputy Chief Appellate Defender Wanda H. Carter, 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 Mary S. Williams, all of Columbia, for Respondent. |
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Clifton Curtis, Petitioner, v. State of South Carolina, Respondent. |
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Deputy Chief Appellate Defender Wanda H. Carter, 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 Gregory P. Jones, Jr., all of Columbia, for Respondent. |