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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 10, 2024
Charleston
 09:30 a.m. (Time Limits: 15-15-5)  
2023-000633   The State, Respondent, v. Philip David Guderyon, Petitioner.

Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Joshua Abraham Edwards, both of Columbia; and Solicitor Jimmy A. Richardson, II, of Conway, all for Respondent.

We granted Guderyon's petition for a writ of certiorari to review the court of appeals' decision in State v. Guderyon, 438 S.C. 476, 488, 884 S.E.2d 202, 208 (Ct. App. 2022), which found the trial court did not err in instructing the jury that for self defense to apply, Guderyon must have been in fear of death or serious bodily injury when he hit the victim in this case. We will consider whether the trial court erred in giving this instruction to the jury.

 11:00 a.m. (Time Limits: 15-15-5)  
2023-001470   Logan Wood and Sarah Wood, Respondents, v. Horry County School District, Petitioner.

Andrew F. Lindemann, of Lindemann Law Firm, P.A., of Columbia, for Petitioner. Kathleen Chewning Barnes, of Barnes Law Firm, LLC, of Hampton; James Bernice Moore, III and Scott Christopher Evans, both of Evans Moore, LLC, of Georgetown; and Justin Michael Lovely and Amy Suzanne Lawrence, both of The Lovely Law Firm, of Myrtle Beach, all for Respondents.

The court granted a writ of certiorari to review the court of appeals' decision in Wood v. Horry County School District, (Op. No. 2023-UP-244 (S.C. Ct. App. filed June 21, 2023). The court will determine whether the court of appeals erred (1) in failing to correctly interpret and apply the Tort Claims Act definition of "occurrence" and reduce the verdict for Logan Wood (Petitioner) based on the statutory cap set forth in section 15 78 120(a)(1) of the South Carolina Code; and (2) in affirming the denial of the Petitioner's motion to pay the amount of the judgments into the court pursuant to Rule 67, SCRCP.

Wednesday, September 11, 2024
Charleston
 10:00 a.m. (Time Limits: 15-15-5)  
2023-000839   Clinton Folkes, Petitioner, v. State of South Carolina and Charles Williams, Jr., Warden of Perry Correctional Institution, Respondents.

Jason Scott Luck, of Bennettsville, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Joshua Abraham Edwards, both of Columbia, for Respondents.

We granted Folkes' petition for a common law writ of certiorari to review his arguments regarding (1) whether his conviction should be vacated because he was abandoned by his appellate counsel at a critical stage, and (2) whether the court of appeals erred in holding the trial court's instruction on common law assault and battery of a high and aggravated nature was not erroneous in State v. Folkes, Op. No. 2010-UP-420 (S.C. Ct. App. filed September 24, 2010).

 11:00 a.m. (Time Limits: 15-15-5)  
2023-001436   The State, Respondent, v. Terrell Denard Knightner, Petitioner.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Mark Reynolds Farthing; and Solicitor Bryon E. Gipson, all of Columbia, for Respondent.

The Court granted a petition for a writ of certiorari to review the court of appeals' opinion in State v. Knightner, Op. No. 2023-UP-161 (S.C. Ct. App. dated April 26, 2023). Knightner argues he was improperly placed on the sex offender registry without a showing of "good cause" by the State.