Supreme Court Seal
Supreme Court Seal
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 16, 2007
 09:30 a.m.
4436   The State, Respondent, v. Earle E. Morris, Jr., Appellant.

Joel W. Collins, Jr., and Christian Stegmaier, both of Collins & Lacy, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Jennifer D. Evans and Assistant Attorney General Deborah R. J. Shupe, all of Columbia, for Respondent.

This appeal involves criminal convictions for violations of South Carolina’s Securities laws. Contesting the legality of his convictions, Appellant raises several issues on appeal. These issues include whether a pre-trial statement should have been suppressed, whether the trial court properly denied a request to continue the trial, whether the trial court properly admitted and excluded several types of evidence, and whether the trial court properly charged the jury.

 10:00 a.m.
4438   In the Matter of C. H. Barrier, Respondent.

Disciplinary Counsel Lesley M. Coggiola, Senior Counsel Henry B. Richardson, Jr., and Senior Assistant Disciplinary Counsel Barbara M. Seymour, all of Columbia, for Office of Disciplinary Counsel. Peter Demos Protopapas, of Lewis & Babcock, of Columbia, for Respondent.

This is an attorney disciplinary matter.

Wednesday, October 17, 2007
 09:30 a.m.
4439   Christoph Cord Watkins and Michelle Lyn Watkins, Respondents, v. Johnny White, Robert Haynes and Baby Boy Andrew, a minor under the age of seven (7) years, Defendants, of whom Johnny White is the Appellant.

John D. Elliott, of Columbia, for Appellant. James Fletcher Thompson, of Spartanburg, for Respondent. Richard Giles Whiting, of Columbia, Guardian Ad Litem.

 10:00 a.m.
4440   Charles Salmonsen, individually and on behalf of all others similarly situated, Appellant-Respondent, v. CGD, Inc., f/k/a Charleston Gypsum Dealers & Supply Co., Inc., Frank Crider, Raymond G. Wolford, Henry (Hank) Futch, and Harold (Hal) Futch, Respondents-Appellants, v. Parex, Inc., Respondents-Appellants.

Mary L. Arnold and Justin O'Toole Lucey, both of Mt. Pleasant, for Appellant-Respondent. Joseph E. DaPore, Steven L. Brown and Russell G. Hines, all of Young Clement Rivers, LLP, of Charleston, Robert T. Lyles, Jr., of Lyles and Lyles, of Charleston, and Steve L. Smith, of Smith, Collins & Newton, of Charleston, for Respondents-Appellants CGD, Inc. et al. Steven Ouzts, John E. Cuttino and R. Hawthorne Barrett, all of Turner, Padget, Graham & Laney, of Columbia, for Respondent-Appellant Parex, Inc.

This case involves a class action suit in which Appellant-Respondent alleges Respondents-Appellants are legally obligated to pay damages arising out of an allegedly defective product applied to Appellant-Respondent’s residential home and those similarly situated.

 10:30 a.m.
4441   Nitus Joanne Linog, Appellant, v. Mark Yampolsky, D.D.S., and Eloise Bradham, M.D., Respondents.

Brooks Roberts Fudenberg, of Charleston, and Geoffrey H. Waggoner, of Mt. Pleasant, for Appellant. Andrew Steven Halio, of Halio & Halio, of Charleston, for Respondent Mark Yampolsky, D.D.S. Todd W. Smyth and Neil D. Thomson, both of Haynsworth Sinkler Boyd, of Charleston, for Respondent Eloise Bradham, M.D. Marvin D. Infinger and Lydia B. Applegate, both of Haynsworth Sinkler Boyd, of Charleston, for Amicus Curiae South Carolina Medical Association.

This case involves the trial court’s grant of summary judgment in favor of respondents on appellant’s medical battery claim based on appellant’s revocation of consent.

Thursday, October 18, 2007
 09:30 a.m.
4442   The State, Petitioner, v. Christopher L. James, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Petitioner. Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

This criminal case involves the issue of whether the Court of Appeals erred by finding the trial court should have granted the defendant’s directed verdict motion because there was insufficient circumstantial evidence on the possession with intent to distribute crack cocaine charge.

 10:00 a.m.
4443   Harry Montgomery, Respondent, v. CSX Transportation, Inc., Petitioner.

Mark C. Wilby and Amy R. Snell, both of Fulcher Hagler, LLP, of Augusta, GA, for Petitioner. Robert A. McKenzie, of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia and W. C. Tucker, Jr., of Lucas, Petway, Tucker & Wash, of Birmingham, AL, for Respondent.

In this FELA case, petitioner appeals from the Court of Appeals’ reversal of summary judgment.

 10:30 a.m.
4444   In the Matter of W. James Hoffmeyer, Respondent.

Disciplinary Counsel Lesley M. Coggiola, Senior Counsel Henry B. Richardson, Jr., and Assistant Disciplinary Counsel Tex Davis, Jr., all of Columbia, for Office of Disciplinary Counsel. Kevin Mitchell Barth, of Ballenger, Barth & Hoefer, of Florence, for Respondent.

This is an attorney discipline matter.

 

Cases to be Submitted Without Oral Argument

Tyrone Lamont Simpson, Respondent, State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Molly R. Crum, all of Columbia, for Petitioner. Joshua Kendrick and Debra Yvonne Chapman, both of Columbia, for Respondent.

Katherine Dangerfield, Respondent, v. State of South Carolina, 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 Petitioner. Deputy Chief Attorney Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Ajaron Gamble, Petitioner, v. State of South Carolina, Respondent.

Assistant Appellate Defender Aileen P. Clare, 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 Sabrina C. Todd, of Columbia, for Respondent.

Barrett Bernard Bowen, Respondent, v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, all of Columbia, for Petitioner. Deputy Chief Attorney Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Stearns Bank National Association, Plaintiff, v. Glenwood Falls, LP, a South Carolina limited partnership, DC Development, Inc., McBride Building Supplies & Hardware, Inc., First Federal Savings and Loan Association of Charleston, Charleston Affordable Housing, Inc., and The Building Center, Inc., Defendants. In re: DC Development, Inc., Appellant, v. Glenwood Falls, LP, a South Carolina limited partnership, Respondent.

William E. Booth, III, of West Columbia, for Appellant. Michael W. Tighe and Mary Dameron Milliken, both of Callison Tighe & Robinson, of Columbia, for Respondent.