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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, October 5, 2004
 09:30 a.m.
3937   The State, Respondent v. John Richard Wood, Appellant.

Assistant Appellate Defender Robert M. Dudek, of South Carolina Office of Appellate Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent

This death penalty case involves the following issues: (1)did the trial court err by excusing a juror for cause; (2)did the trial court err by refusing to instruct the jury on the law of voluntary manslaughter; (3)did the trial court err by finding S.C. Code Ann. 16-3-20-(2003) constitutional although it mandates that a defendant has to waive jury sentencing if he pleads guilty; and (4)was the trial court without subject matter jurisdiction to sentence appellant to death where the murder indictment did not allege an aggravating circumstance.

 10:00 a.m.
3938   Municipal Association of South Carolina, Plaintiff v. AT&T Communications of the Southern States, Inc., Defendant.

Robert Erving Stepp, Elizabeth Van Doren Gray and Robert E. Tyson, Jr., all of Sowell, Gray, Stepp & Laffitte, of Columbia, for Plaintiff. Belton Townsend Zeigler, of Columbia; and James B. Richardson, Jr., of Richardson & Birdsong, of Columbia, for Defendant.

This is a certified question from U.S. District Court Judge Joseph Anderson: “Does South Carolina law allow municipalities to impose by ordinance a 5% per month penalty for the late payment of business license taxes?”

 10:30 a.m.
3939   South Carolina Department of Transportation, Appellant v. Hinson Family Holdings, LLC (formerly Hinson Family Limited Partnership, a South Carolina limited partnership) and Hinson Properties, LLC, a South Carolina limited liability company, Respondents.

Clifford O. Koon, Paul D. de Holczer and Mary Frances Gibson, all of Moses, Koon & Bracket, of Columbia, for Appellant. Howell V. Bellamy, Jr., and Robert S. Shelton, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, of Myrtle Beach, for Respondent.

In this Horry County condemnation action, the circuit court granted Respondents' motion for partial summary judgment. The circuit court ruled that certain property owned by Respondents near the intersection of S.C. Highway 22 (Conway Bypass) and S.C. Highway 31 (Carolina Bays Parkway) was not landlocked due to a previous condemnation, and a public road bordering the property had not been abandoned in the manner outlined by statute. Appellants challenge the propriety of the circuit court's rulings.

Wednesday, October 6, 2004
 09:30 a.m.
3940   Land Connections, Inc., Appellant v. Keowee Townhouses, LLC, Respondent.

Robert T. Usry, of Olson, Smith, Jordan & Cox, of Easley, for Appellant. D. Sean Faulkner, of Roe, Cassidy, Coates & Price, of Greenville, for Respondent.

The sole issue in this appeal is whether the circuit court properly cancelled appellant's notice of lis pendens.

 10:00 a.m.
3941   Danny Whaley, Respondent v. CSX Transportation, Inc., Appellant.

Ronald K. Wray, II, Daniel B. White and Andrea M. Hawkins, all of Gallivan, White & Boyd, of Greenville; and Lee S. Bowers, of Bowers & Siren, of Estill, for Appellant. John E. Parker and Randolph Murdaugh, IV, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton; and Carroll Arthur Rutter, III, of Rutter Walsh Mills & Rutter, of Norfolk, VA, for Respondent. Marvin D. Infinger, Lydia Blessing Applegate, both of Haynsworth Sinkler Boyd, of Charleston; Victor Schwartz, Cary Silverman and Leah Lorber, all of Shook Hardy & Bacon, of Washington, D.C., for Amici Curiae The American Tort Reform Association and The South Carolina Chamber of Commerce. Robert W. Buffington, of Haynsworth Sinkler Boyd, of Columbia; and Wendy J. Keefer, of Barnwell Whaley Patterson & Helms, of Charleston, for Amici Curiae Concerned Citizens for Responsible Government in Hampton County and South Carolina Defense Trial Attorneys Association. Stephen G. Morrison and Jacob A. Sommer, both of Nelson, Mullins, Riley & Scarborough, of Columbia; and Hugh F. Young, Jr., of Reston, VA, for Amicus Curiae The Product Liability Advisory Council.

The primary issue in this appeal is whether the trial court properly denied appellant’s motion to transfer venue. Other issues on appeal include (1) whether the trial court erred in denying appellant’s motion for JNOV and motion for a new trial or new trial nisi remittitur, and (2) whether the trial court erred in admitting certain expert testimony and evidence.

 10:30 a.m.
3942   Henry McMaster, Attorney General of South Carolina, Appellant v. The South Carolina Retirement System, Adolph Joseph Klein, Jr., James Michael Hicks, Johnny M. Martin, Ellison Lawson, Jr., Troy Phillips, and Edward Thomas Lewis, Jr., Defendants, of whom Edward Thomas Lewis, Jr., is Respondent.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, State Grand Jury Sherri A. Lydon and Assistant Deputy Attorney General Robert E. Bogan, all of Columbia, for Appellant. Kristi F. Curtis, of Bryan, Bahnmuller, Goldman & McElveen, of Sumter, for Respondent Edward Thomas Lewis, Jr.

 10:30 a.m.
3947   Henry McMaster, Attorney General of South Carolina, Appellant v. The South Carolina Retirement System, Adolph Joseph Klein, Jr., James Michael Hicks, Johnny M. Martin, Ellison Lawson, Jr., Troy Phillips, and Edward Thomas Lewis, Jr., Defendants, of whom Adolph Joseph Klein, Jr., is Respondent.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, State Grand Jury Sherri A. Lydon and Assistant Deputy Attorney General Robert E. Bogan, all of Columbia, for Appellant. John S. Nichols, of Bluestein and Nichols, of Columbia, for Respondent.

 10:30 a.m.
3952   Henry McMaster, Attorney General of South Carolina, Appellant v. The South Carolina Retirement System, Adolph Joseph Klein, Jr., James Michael Hicks, Johnny M. Martin, Ellison Lawson, Jr., Troy Phillips and Edward Thomas Lewis, Jr., of whom Johnny M. Martin is Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, State Grand Jury Sherri A. Lydon and Assistant Deputy Attorney General Robert E. Bogan, all of Columbia, for Appellant. Kristi F. Curtis, of Bryan, Bahnmuller, Goldman, & McElveen, of Sumter, for Respondent.

These three cases were consolidated on appeal. All involve the retroactive application of a lien on retirement benefits when a public employee is convicted of embezzling or misappropriating public funds.

Thursday, October 7, 2004
 09:30 a.m.
3943   Joseph Glover, Emily Gaillard, Jewell G. Dangerfield, John S. Templeton, Charles Huff, Appellants v. County of Charleston, County of Charleston Planning Commission, William Miller, in his individual and official capacity, Michelle Loy in her official Capacity as a member of the Charleston County Planning Commission, Defendants, of whom County of Charleston and County of Charleston Planning Commission are the Respondents.

Thomas R. Goldstein, of Belk, Cobb, Infinger & Goldstein PA, of Charleston, for Appellants. County Attorney Joseph Dawson, III, and Assistant County Attorney Bernard E. Ferrara, both of North Charleston, for Respondent.

This appeal presents a challenge to the Charleston County Zoning and Land Development Ordinance (Ordinance). Appellants, all property owners within Charleston County, brought this lawsuit claiming due process and equal protection violations, as well as an unconstitutional taking of their property. The trial court granted summary judgment in favor of respondents (collectively County).

 10:00 a.m.
3944   The State, Petitioner/Respondent v. Nickie White, Respondent/Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General W. Rutledge Martin, all of Columbia; and Solicitor Warren Blair Giese, of Columbia, for Petitioner/Respondent. Katherine Carruth Link, of Columbia; and South Carolina Office of Appellate Defense, of Columbia, for Respondent/Petitioner.

This case involves, among other things, whether the Court of Appeals erred in concluding (1) the defendant was entitled to an ABHAN charge; (2) the defendant was not entitled to a charge on simple assault and battery as a lesser-included offense of first-degree CSC; and (3) the trial court properly admitted testimony on post-traumatic stress disorder and sexual abuse?

 10:30 a.m.
3945   Gary R. Slezak, Appellant v. South Carolina Department of Corrections, Respondent.

Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate Defense, of Columbia, for Appellant. David M. Tatarsky, Mary Davenport Anderson and Kelli Gregg Maddox, all of Columbia, for Respondent.

This is an appeal by an inmate of circuit court orders affirming the ALJD's disposition of the inmate's appeals from the Department of Corrections' decisions in six of the inmate's grievances.

Tuesday, October 19, 2004
 09:30 a.m.
3946   The State, Petitioner v. Delbert L. Smalls, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Petitioner. Assistant Appellate Defender Robert M. Pachak, of South Carolina Office of Appellate Defense, of Columbia, for Respondent.

The primary issue in this appeal is whether the trial court had subject matter jurisdiction to enter a guilty plea.

 09:30 a.m.
3951   The State, Respondent v. Christopher Schmidt, Appellant.

Assistant Appellate Defender Eleanor Duffy Cleary, of South Carolina Office of Appellate Defense, of Columbia, for Appellant. Deputy Director for Legal Services Teresa A. Knox, Legal Counsel Tommy Evans, Jr., J. Benjamin Aplin and Lovee M. Watts, all of South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Respondent.

The primary issue in this appeal is whether the trial court had subject matter jurisdiction to enter a guilty plea.

 10:00 a.m.
3948   Maureen G. Fassuliotis, Respondent v. Dennis T. Fassuliotis, Appellant.

Cynthia Barrier Castengera, of Newland, NC, for Appellant. Sabrina R. Grogan, of Rivers & Grogan, of Mt. Pleasant, for Respondent.

The issues in this appeal are whether the Family Court erred in holding appellant in contempt for reducing his child support payment, and whether the Court erred in requiring him to pay a $200.00 Clerk's fee.

 10:30 a.m.
3949   Ronald E. Clark, Sr., individually and as Personal Representative of the Estate of Amy Danielle Clark, Respondent v. South Carolina Department of Public Safety and Charles Clyde Johnson, Defendants, of whom South Carolina Department of Public Safety is Petitioner.

Andrew F. Lindemann and William H. Davidson, II, both of Davidson, Morrison & Lindemann, of Columbia, for Petitioner. Suzanne E. Coe, of Atlanta, GA; and Sammy Diamaduros, of White, Diamadoros and Diamadoros, of Union, for Respondent. Chief Counsel Buford S. Mabry, Jr., Deputy Chief Counsel Paul S. League, Assistant Chief Counsel James A. Quinn, of Columbia, for Amicus Curiae South Carolina Department of Natural Resources. Mark A. Keel, of Columbia, for Amicus Curiae South Carolina State Law Enforcement Division. Vinton DeVane Lide, of Lexington, for Amicus Curiae South Carolina Law Enforcement Officers' Association. John A. O'Leary, of Columbia, for Amicus Curiae South Carolina Troopers' Association. Sandra J. Senn, of Charleston, for Amicus Curiae South Carolina Sheriffs' Association.

In this case, Petitioner asserts, among other things, that the Court of Appeals erred in ruling the trial judge acted appropriately in allowing the jury, rather than the court, to establish the legal duty of care owed by law enforcement during a police pursuit and in ruling there was sufficient evidence to establish the trooper's gross negligence in initiating and failing to terminate the pursuit. Petitioner also raises issues relating to discretionary immunity and damages.

Wednesday, October 20, 2004
 09:30 a.m.
3950   South Carolina Coastal Conservation League, Coastal Conservation Association - South Carolina, Beth Keyserling-Kramer, Frank DeMarco, Karen DeMarco, Joseph Mueller, Mary Mueller, Vicky Snowden, John Snowden, Janice Maize, John Maize, Kerry Solomon, Cindi Solomon, Julie Gautreaux, Wilson Gautreaux, and Gerald Hazin, Respondents v. South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management and LandTech of Charleston, L.L.C., Appellants.

Leslie West Stidham, of Charleston, for Appellant South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management. Ellison D. Smith, IV, of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant; and James B. Richardson, Jr., of Richardson & Birdsong, of Columbia, for Appellant LandTech of Charleston, LLC. G. Trenholm Walker and Amanda Rajsich Maybank, both of Pratt-Thomas, Epting & Walker, of Charleston, for Respondents. Neil C. Robinson, Jr., and Paul A. Dominick, both of Nexsen, Pruet, Adams, Kleemeier, LLC, of Charleston, for Amicus Curiae South Carolina Tourism Council, Inc.

This case concerns an environmental permit to build a bridge. At issue is which regulation governs the permit and whether the permit complies with that regulation. Also at issue is the authority of the ALJD, the Coastal Zone Management Appellate Panel, and the circuit court under the Administrative Procedures Act.

 10:00 a.m.
3953   In Re: Estate of Roberta Maybank Prioleau and Estate of William F. Prioleau. Ms. Elizabeth deRosset Prioleau v. Mr. William F. Prioleau, Jr., Mary Wesley, Mrs. Roberta Maybank Prioleau Moran, Ms. Gabrielle Wesley, Ms. Alicia Wells Wesley, Russell W. Templeton, Esq., as Guardian Ad Litem for Ms. Caroline deRosset Wesley, a minor child, for Ms. Virginia Maybank Prioleau, a minor child, and for Mr. William Fripp Prioleau, III, a minor child, Carlos Gibbons, Esq., as Guardian Ad Litem for Ms. Roberta Maybank Moran, a minor child, and William Barry Prioleau Moran, a minor child and the class of grandchildren unborn at the death of Roberta Maybank Prioleau, of whom Russell W. Templeton, Esq., as Guardian Ad Litem for Ms. Caroline deRosset Wesley, a minor child, for Ms. Virginia Maybank Prioleau, a minor child, and for Mr. William Fripp Prioleau, III, a minor child, is Appellant and Carlos Gibbons, Esq., as Guardian Ad Litem for Ms. Roberta Maybank Moran, a minor child, and William Barry Prioleau Moran, a minor child and the class of grandchildren unborn at the death of Roberta Maybank Prioleau is Respondent. AND Ms. Mary Prioleau Wesley v. Mr. William F. Prioleau, Jr., Mrs. Roberta Maybank Prioleau Moran, Ms. Gabrielle Wesley, Ms. Alicia Wells Wesley, Russell W. Templeton, Esq., as Guardian Ad Litem for Ms. Caroline deRosset Wesley, a minor child, for Ms. Virginia Maybank Prioleau, a minor child, and for Mr. William Fripp Prioleau, III, a minor child, of whom Russell W. Templeton, Esq., as Guardian Ad Litem for Ms. Caroline deRosset Wesley, a minor child, for Ms. Virginia Maybank Prioleau, a minor child, and for Mr. William Fripp Prioleau, III, a minor child is Appellant and Carlos Gibbons, Esq., as Guardian Ad Litem for Ms. Roberta Maybank Moran, a minor child, and William Barry Prioleau Moran, a minor child and the class of grandchildren unborn at the death of Roberta Maybank Prioleau is Respondent.

Russell W. Templeton, of Columbia, for Appellant. Carlos W. Gibbons, Jr., of Ormand, Ashley & Gibbons, of Columbia, for Respondent.

The issue in this case is whether the probate judge erred in interpreting the words “then-living grandchildren” in two wills to include those grandchildren born after the testator’s death but prior to distribution.

 10:30 a.m.
3954   Ernest Hagood, Petitioner v. Brenda S. Sommerville, Respondent.

James H. Moss and H. Fred Kuhn, Jr., both of Moss, Kuhn & Fleming, of Beaufort, for Petitioner. A. Parker Barnes, Jr., of Beaufort, for Respondent.

The Court of Appeals dismissed this appeal after concluding the circuit court's order was not immediately appealable. The issue presented by Petitioner is whether an order which suppresses the testimony of a material witness or, alternatively, disqualifies a litigant's attorney, is immediately appealable because it affects a substantial right of the litigant.

 

Cases to be Submitted Without Oral Argument

Matthew S. Harris, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate 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 Elizabeth R. McMahon, all of Columbia, for Respondent.

Cecil Heyward Dempsey, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka and Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Petitioner. Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate Defense, of Columbia, for Respondent.

Jimmy Short, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate 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 Christopher L. Newton, all of Columbia, for Respondent.

Earnest E. Vaughn, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Robert Pachak, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for Respondent.

Johnny W. Sutton, Petitioner v. State of South Carolina, Respondent.

Philip J. Mace, 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 Elizabeth R. McMahon, all of Columbia, for Respondent.