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September 2010 |
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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 21, 2010 | |
09:30 a.m. | |
4977 State of South Carolina, Appellant, v. Harry Oxner, Respondent. Robert J. Stephenson, IV, of Columbia, for Appellant. Robert L. Lumpkin, Jr., of Lumpkin, Oxner & Stacy, P.A., of Georgetown and Deborah Harrison Sheffield, of Columbia, for Respondent. This is a direct appeal from an order of the circuit court dismissing respondent’s magistrate’s court conviction for lack of jurisdiction.
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10:00 a.m. | |
4981 City of Rock Hill, Respondent, v. Tyler M. Harris, Appellant. Bobby G. Frederick and Laura L. Hiller, both of Myrtle Beach, for Appellant. Paula Knox Brown, of Rock Hill, for Respondent. In this case, the Court will address whether the state statute prohibiting persons between the ages of 18 and 20 from possessing or consuming alcoholic beverages conflicts with the South Carolina Constitution, which extends full legal rights and responsibilities to citizens above the age of 18 with the exception that the General Assembly may restrict the sale of alcohol to persons under the age of 21.
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Wednesday, September 22, 2010 | |
09:30 a.m. | |
4983 Alexander's Land Company, L.L.C., Alexander's Restaurant Company, Inc., Franz Auer, John Peterson, Jr. and Bruce O. Rossmeyer, Plaintiffs, of whom Alexander's Land Company, L.L.C. and Alexander's Restaurant Company, Inc. are the Respondents, v. M&M&K Corporation, IFBIFB Corporation and Roger Keyes, Defendants, of whom M&M&K Corporation and IFBIFB Corporation are, Petitioners. Robert L. Widener, of McNair Law Firm, P.A., of Columbia, and Stephen Edward Carter, of McNair Law Firm, P.A. of Hilton Head Island, for Petitioners. C. Mitchell Brown, of Nelson Mullins Riley & Scarborough, L.L.P., of Columbia, Richard A. Farrier, Jr., Walter T. Cox, III and Andrea St. Amand, all of Nelson Mullins Riley & Scarborough, L.L.P., of Charleston and I. S. Leevy Johnson, of Johnson, Toal & Battiste, P.A., of Columbia, for Respondents. This Court granted a petition for a writ of certiorari to review the decision in Alexander's Land Co. v. M&M&K Corp., Op. No. 2007-UP-364 (S.C. Ct. App. filed Aug. 29, 2007), in which the Court of Appeals reversed a circuit court ruling and remanded the matter for an order specifically enforcing an option to purchase real estate. The Court of Appeals held that, except for failing to meet a condition precedent, the buyer had properly exercised the option; therefore, the seller should have given the buyer notice of default and a thirty-day, right-to-cure period as contemplated by the parties' agreements. The circuit court had ruled the option was not subject to a right-to-cure provision and had declined the buyer’s request for specific enforcement.
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10:00 a.m. | |
4984 Ex Parte: The State of South Carolina, Ex Rel Henry D. McMaster, Attorney General, Appellant. In Re: Christopher Ward Campbell, Gregory Scott Kinsey, Shemuel Ben Yisrael and Coastal Conservation League, Appellants, v. The Town of Yemassee, Binden Plantation, LLC, Castle Hill Farms, Inc. and Raymond B. Basso, Respondents. Attorney General Henry Dargan McMaster, Assistant Deputy Attorney General Robert D. Cook, Assistant Deputy Attorney General J. Emory Smith, Jr., all of Office of the Attorney General, of Columbia, for Appellant, State of South Carolina. G. Trenholm Walker, W. Andrew Gowder, Jr. and Daniel S. McQueeney, Jr., all of Pratt-Thomas Walker, P.A., of Charleston, for Appellants, Christopher Ward Campbell, Gregory Scott Kinsey and Coastal Conservation League. Shemuel Ben Yisrael, of Yemassee, Appellant, pro se. Roberts Vaux and Deborah Boshaw, both of Vaux & Marscher, P.A., of Bluffton, for Respondent, The Town of Yemassee. Frances I. Cantwell, of Regan & Cantwell, of Charleston, for Respondents, Binden Plantation, LLC, Castle Hill Farms and Raymond B. Basso. In this challenge to an annexation ordinance, appellants seek review of the grant of summary judgment in favor of respondents and of the denial of the State’s motions to intervene or be substituted as the real party in interest.
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10:30 a.m. | |
4985 The State, Respondent, v. Andres Antonio Torres, Appellant. Senior Appellate Defender 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 Brendan J. McDonald, all of Office of the Attorney General, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. This case, under this Court’s original jurisdiction, concerns whether, during the sentencing phase of a capital murder trial, there is a violation of Rule 403, SCRE, to introduce autopsy photographs of victims and whether there is a violation of S.C. Code Section 16-3-25(C)(1) or Rule 403, SCRE, to introduce a video recording of Appellant in the detention center following his conviction.
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04:00 p.m. | |
4982 In the Matter of Catherine Leigh Hunter, Respondent. David Dusty Rhoades, of Charleston, and Cynthia Barrier Patterson, of Columbia, for Respondent. Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, both of Columbia for Office of Disciplinary Counsel. This is an attorney disciplinary case.
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Thursday, September 23, 2010 | |
09:30 a.m. | |
4986 EllisDon Construction, Inc., Appellant, v. Clemson University, South Carolina Procurement Review Panel and Chief Procurement Officer, Respondents. N. Ward Lambert and R. Patrick Smith, both of Harper, Lambert & Brown, P.A., of Greenville, for Appellant. James W. Logan, Jr. and Stacey Todd Coffee, both of Logan, Jolly & Smith, LLP, of Anderson, for Respondent, Clemson University. Christian M. Emanuel, of Columbia, for Respondent, South Carolina Procurement Review Panel. Keith C. McCook, Frank S. Potts and Edwin E. Evans, all of Columbia, for Respondent, Chief Procurement Officer. This case concerns whether the general interest statute found at S.C. Code Ann. 29-6-50 applies to a state entity when the party requesting the interest did not meet the requirements for an award of interest under S.C. Code Ann. 34-31-20(A).
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10:00 a.m. | |
4987 City of Greenville, Respondent, v. Joseph D. Bane, Appellant. Samuel Darryl Harms, of Harms Law Firm, of Greenville, for Appellant. Assistant City Attorney Robert Patrick Coler, of Greenville, for Respondent. In this case, Appellant challenges the circuit court’s finding that a city ordinance did not violate his First Amendment right to freedom of speech.
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10:30 a.m. | |
4988 In the Matter of Sean J. Prendergast, Respondent. Sean J. Prendergast, of Mt. Pleasant, Respondent, pro se. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Ericka M. Williams, both of Columbia for Office of Disciplinary Counsel. This is an attorney disciplinary matter.
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Cases to be Submitted Without Oral Argument | |
Gregory Kente' Neely, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Robert M. Pachak, 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 Brian T. Petrano, all of the Office of the Attorney General, of Columbia, for Respondent. |
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Terrence Edwards, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender LaNelle Cantey DuRant, 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 the Office of the Attorney General, of Columbia, for Respondent. |
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Demarcus Simuel, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender LaNelle Cantey DuRant, 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 A. McMahan, all of the Office of the Attorney General, of Columbia, for Respondent. |