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September 2012 |
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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 18, 2012 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2010-160047 The State, Respondent,
v.
Jennifer Rayanne Dykes, Appellant. Chief Deputy Appellate Defender Wanda H. Carter, of Columbia, and Christopher D. Scalzo, of Greenville, for Appellant. Tommy Evans, Jr. and John Benjamin Aplin, of Columbia, for Respondent. This case is a rehearing of an appeal in which Jennifer Dykes appeals the imposition of mandatory satellite monitoring on her pursuant Section 23-3-540(C) of the South Carolina Code (Supp. 2010). In particular, she alleges mandatory monitoring violates her substantive and procedural due process rights, the ex post facto clause, her guarantee of equal protection, and her right to be free from unreasonable searches and seizures. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2010-153826 The State, Respondent,
v.
James J. Curry, Jr., Appellant. Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Julie Kate Keeney, of Columbia, and Solicitor Douglas Barfield, of Lancaster, for Respondent. Appellant challenges his conviction of voluntary manslaughter, arguing the circuit court erred in denying his motion for a directed verdict and request to omit a portion of the self-defense jury charge. |
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10:30 a.m. | (Time Limits: 40-40-10) |
2007-065159 Abbeville County School District, et al., Appellants-Respondents,
v.
The State of South Carolina, et al., of whom Hugh K. Leatherman, as President Pro Tempore of the Senate and as a representative of the South Carolina Senate and James H. Lucas, as Speaker of the House of Representatives and as a representative of the South Carolina House of Representatives are, Respondents-Appellants,
and
State of South Carolina, Henry D. McMaster, as Governor of the State of South Carolina, are, Respondents. Carl B. Epps, III, Stephen G. Morrison, Elizabeth Scott Moise and Rachel Atkin Hedley, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, and Laura Callaway Hart, of Duff, White & Turner, LLC, of Columbia, for Appellants/Respondents. Robert E. Stepp, Elizabeth Van Doren Gray and Roland M. Franklin, Jr., of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Respondents/Appellants. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General J. Emory Smith, Jr., of Columbia, for Respondents, The State and Governor of South Carolina. Matthew Terry Richardson, of Columbia and Ellen M. Boylan, of Newark, New Jersey, for Amicus Curiae, League of Women Voters of South Carolina and the South Carolina State Conference of the National Association for the Advancement of Colored People. Stephen K. Benjamin and Tina N. Herbert, of McAngus, Goudelock & Courie, LLC, of Columbia, and Kenneth L. Childs, William F. Halligan and Keith R. Powell, of Childs & Halligan, P.A., of Columbia, for Amicus Curiae, South Carolina Association of School Adminstrators & South Carolina School Boards Association. Edward W. Laney, IV, and R. Hawthorne Barrett, of Turner Padget Graham & Laney, PA, of Columbia, for Amicus Curiae, South Carolina Association of School Nurses. Susan Jennifer Rose and Susan B. Berkowitz, of Columbia, for Amicus Curiae, South Carolina Appleseed Legal Justice Center. This case involves the South Carolina Constitution's requirement that there be a system of free public schools that affords each student the opportunity to receive a minimally adequate education. Plaintiffs sued the State of South Carolina and various public officials claiming that an analysis of the State education system demonstrated that students in the districts were not being afforded the opportunity to receive a minimally adequate education. The trial court held that without early childhood intervention programs designed to counter the effects of poverty in these districts, some students who entered the public school system in these districts were not being afforded the opportunity to receive a minimally adequate education. Plaintiffs appealed and Defendants filed a cross-appeal. |
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Wednesday, September 19, 2012 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2010-168006 South Carolina Department of Health and Environmental Control, Petitioner,
v.
Philip Przyborowski, Respondent. Bradley David Churdar, of Charleston and William Marshall Taylor, Jr., of Columbia, for Petitioner. Christopher M. Holmes, of Mt. Pleasant, for Respondent. Petitioner issued an administrative enforcement order directing Respondent to bring his dock into compliance with S.C. Code Ann. Regs. 30-12(A)(1)(l) which prohibits docks longer than 1,000 feet over the critical area. Petitioner appeals the court of appeals affirmance of the dismissal of the administrative enforcement order. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-195508 The Savannah Bank, N.A., Respondent,
v.
Alphonse Stalliard; Oldfield Club; and Oldfield Community Association, Inc., Defendants,
Of Whom Alphonse Stalliard is the Appellant. Michael W. Mogil, of Hilton Head Island, for Appellant. Curtis Lee Coltrane, of Alford, Wilkins and Coltrane, of Hilton Head Island, for Respondent. The Savannah Bank, Respondent, seeks to foreclose on a property owned by Alphonse Stalliard, Appellant. Stalliard filed a motion to enlarge to seek additional time to examine the evidence during the discovery stage before trial when parties exchange evidence and interview witnesses. The master-in-equity denied the motion and ruled in favor of Bank in a summary judgment, effectively ending the case before it went to trial. Stalliard now appeals arguing that the summary judgment was improper and that the trial court should have permitted additional discovery time. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2011-196006 Ex parte: Belinda Davis-Branch, Respondent. In re: Larry Solomon, Plaintiff,
v.
Betty Jean Solomon, Appellant. Jonathan Marshall Holder, of The Moore Law Firm, LLC, of Barnwell, for Appellant. Zipporah O. Sumpter, of Sumpter Law Office, of Orangeburg, for Respondent. This direct appeal questions the family court's jurisdiction to enforce its earlier attorneys fee order through contempt. |
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Thursday, September 20, 2012 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2009-140328 The State, Respondent,
v.
Miama Kromah, Petitioner. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Petitioner. Attorney General Alan McCrorey Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr. and Solicitor Daniel E. Johnson, all of Columbia, for Respondent. This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Kromah, Op. No. 2009-UP-322 (S.C. Ct. App. filed June 15, 2009), in which Petitioner's convictions and sentences for unlawful neglect of a child and the infliction of great bodily injury upon a child were affirmed. Petitioner argues the trial court erred in allowing the State's witnesses to testify as to the actions they took as a result of alleged hearsay statements made by the three-year-old victim, who would have been incompetent to testify at trial, and that the error was not harmless beyond a reasonable doubt. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-188648 Kenneth B. Jenkins, Respondent,
v.
Benjamin Scott Few and Few Farms, Inc., Petitioners. Robert Clyde Childs, III, of Childs Law Firm, of Greenville, and J. Falkner Wilkes, of Greenville, for Petitioner. Fred W. Suggs, III, of Roe Cassidy Coates & Price, PA, of Greenville, for Respondent. The Court granted a petition for a writ of certiorari to review the court of appeals decision in Jenkins v. Few, 391 S.C. 209, 705 S.E.2d 457 (Ct. App. 2010). Petitioner contends the court of appeals erred in affirming the trial court's refusal to direct a verdict as to the civil conspiracy cause of action because respondent did not plead or prove special damages. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2012-211406 In the Matter of Eleazer R. Carter, Respondent. Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara Marie Seymour, of Columbia, for the Office of Disciplinary Counsel. Eleazer R. Carter, of Manning, pro se Respondent. This is an attorney disciplinary matter. |
Cases to be Submitted Without Oral Argument | |
Robert Troy Taylor, Petitioner, v. State of South Carolina, Respondent. |
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Jeremy A. Thompson, of Columbia, for Petitioner. Attorney General Alan McCrorey Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christina J. Catoe, of Columbia, for Respondent. |
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Waymon S. Harbin, Jr., Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Kaelon Elizabeth May, of Columbia, for Petitioner. Bruce A. Byrholdt, of Chapman Byrholdt & Yon, LLP, of Anderson, for Respondent. |
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Bradley J. Ishman, Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Alan McCrorey Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Kaelon Elizabeth May, of Columbia, for Petitioner. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Respondent. |
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Jamul Ratub El, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General James Rutledge Johnson, of Columbia, for Respondent. |