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October 2008 |
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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, October 7, 2008 | |
09:30 a.m. | |
4618 The State, Respondent, v. Adam Bickham, Appellant. Chief 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 Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr., all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent. In this case, Respondent appeals the trial court’s refusal to allow him to withdraw his Alford plea.
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10:00 a.m. | |
4619 Dorothy Windham, Respondent, v. Donald Allen Riddle and Jennifer D. Riddle, Petitioners. Pete Kulmala, of Harvey & Kulmala, of Barnwell, for Petitioners. Clinch H. Belser, Jr., and Michael J. Polk, both of Belser & Belser,of Columbia, for Respondent In this case, the Court granted certiorari to review Windham v. Riddle, 370 S.C. 415, 635 S.E.2d 558 (Ct. App. 2006), in which the Court of Appeals reversed the master-in-equity’s decision finding that Petitioners had an appurtenant easement for irrigation purposes over Respondent’s property.
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10:30 a.m. | |
4620 The State, Respondent, v. Kevin Mercer, Appellant. Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, and Melissa Jane Reed Kimbrough, of Kimbrough and Taggart, 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 Donald V. Myers, of Lexington, for Respondent. Mercer appeals his conviction and the imposition of the death penalty by challenging denials by the circuit court of various pre-trial and post-trial motions, as well as issues of evidence admissibility.
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Wednesday, October 8, 2008 | |
10:00 a.m. | |
4622 Suchart Taylor, Petitioner, v. South Carolina Department of Motor Vehicles, Respondent. Desa Ballard and P. Christopher Smith, Jr., both of West Columbia, Michael Sean O'Neal, of North Charleston, C. Rauch Wise of Greenwood and C. Bradley Hutto, of Williams and Williams, of Orangeburg, for Petitioner. General Counsel Frank L. Valenta, Jr., Deputy General Counsel Philip S. Porter and Assistant General Counsel Linda A. Grice, all of Columbia, for Respondent. This case is on certiorari to the Court of Appeals. At issue is whether the Court of Appeals properly reinstated the suspension of Taylor’s driver’s license on the ground that, although Taylor was not advised in writing of the implied consent form, he was not prejudiced by this omission.
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10:30 a.m. | |
4623 Robert William Metts, Petitioner, v. Judy Mims, Berkeley Independent Publishing Company, Inc., d/b/a The Berkeley Independent and Summerville Communications, Inc., d/b/a The Goose Creek Gazette, Defendants, Of Whom Berkeley Independent Publishing Company, Inc., d/b/a The Berkeley Independent and Summerville Communications, Inc., d/b/a The Goose Creek Gazette are the Respondents. E. Paul Gibson, of Riesen Law Firm, of Charleston, and Stephen F. DeAntonio, of DeAntonio Law Firm, of Charleston, for Petitioner. John J. Kerr, of Buist, Moore, Smythe & McGee, of Charleston, for Respondent. The Court granted certiorari in this libel action to consider the Court of Appeals’ decision in Metts v. Mims, 370 S.C. 529, 635 S.E.2d 640 (Ct. App. 2006).
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11:00 a.m. | |
4621 The State, Appellant, v. Jimmy Ramsey, 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, for Appellant. Christopher A. Wellborn, of Rock Hill, for Respondent. This case involves the question of whether the magistrate judge erred in holding a probable cause hearing and finding there was no probable cause to proceed with Respondent’s criminal domestic violence charge.
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Thursday, October 9, 2008 | |
09:30 a.m. | |
4624 E. Ervin Dargan, Jr. and New River Corporation, Appellants, v. James B. Tankersley, Donnie S. Tankersley, First Union National Bank, Charlotte, North Carolina, f/k/a Southern Bank and Trust Company, as Trustee of the Posey D. Tankersley Estate; Marilyn Tankersley; Brett Tankersley; Shay Tankersley; Bonnie Lynn Bridwell, individually and as Co-Personal Representative of the Lowell H. Tankersley Estate and as Co-Trustee of the Revocable Trust Agreement dated November 22, 1991; Tracy Karen Tankersley individually and as Co-Personal Representative of the Lowell H. Tankersley Estate and as Co-Trustee of the Revocable Trust Agreement dated November 22, 1991, Respondents. J. Chris Brown and Jonathan P. Whitehead, of Babb & Brown, of Greenville, for Appellants. Stephen R. H. Lewis, of Covington, Patrick, Hagins, Stern & Lewis, of Greenville, and Cecil H. Nelson, Jr., of Nelson Law Firm, of Greenville, for Respondents. This case involves a dispute about ownership of a tract of land in Greenville County. Appellants challenge the master-in-equity’s findings that (1) they did not prove their ownership claim for the property, (2) Respondents did establish their ownership claim, and (3) Appellants owe $25,000 to Respondents for damages to the property.
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10:00 a.m. | |
4625 Cindy Barrett Garnett, Plaintiff, v. WRP Enterprises, Inc. & Revmax, Inc. d/b/a Thrifty Car Rental, and Philadelphia Indemnity Insurance Company, Defendants, Of whom Philadelphia Insurance Company is the Petitioner and WRP Enterprises, Inc. & Revmax, Inc. d/b/a Thrifty Car Rental are the Respondents. James Edward Bradley, of Moore, Taylor & Thomas, of West Columbia, and Mark E. Dreyer, of Connor and Winters, of Tulsa, OK, for Petitioner. William P. Davis, of Baker, Ravenel & Bender, of Columbia, for Respondents WRP Enterprises, Inc. & Revmax, Inc. Nelson R. Parker, of Land, Parker & Welch, of Manning, for Respondent Cindy Barrett Garnett. This is an appeal of a declaratory judgment action in a coverage dispute and deals with contract interpretation.
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10:30 a.m. | |
4638 Lancaster County Bar Association, Petitioner, v. South Carolina Commission on Indigent Defense, Respondent. Francis L. Bell, Jr., of Bell, Tindal & Freeland, of Lancaster, and Mitchell A. Norrell, of Norrell & Powers-Norrell, of Lancaster, for Petitioner. Deputy Director and General Counsel J. Hugh Ryan, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The Court agreed to hear this matter in its original jurisdiction to determine whether the Commission on Indigent Offense is correctly interpreting and applying S.C.Code Ann. § 17-3-510(A).
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Tuesday, October 21, 2008 | |
09:30 a.m. | |
4627 Furman Edward Fulmer, Jewel F. Oxner, Carolyn F. Garner, Sandra F. Metts, and Faye F. Cannon, Petitioners, v. Janette F. Cain, Respondent. Jewel Oxner, As the Personal Representative of the Estate of Mary F. Fulmer, deceased, Petitioner, v. Janette F. Cain, Respondent. Pope D. Johnson, III, of McCutchen Blanton Johnson & Barnette, of Columbia, and Samuel M. Price, Jr., of Newberry, for Petitioners. Adele Jeffords Pope, of Columbia, for Respondent. This case is on certiorari to the Court of Appeals. The issues are whether the Court of Appeals properly held that an order denying a motion to remove an action from the probate court to the circuit court was immediately appealable, and whether the Court of Appeals erred in addressing the issue of waiver.
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10:00 a.m. | |
4628 Johnny McMillan, Jimmie Griner and Hughsie Trowell, Respondents, v. South Carolina Department of Agriculture, Petitioner. Andrew F. Lindemann and William H. Davidson, II, both of Davidson, Morrison & Lindemann, of Columbia, for Petitioner. John E. Parker and Ronnie L. Crosby, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for Respondents. The Court granted certiorari to consider the Court of Appeals’ decision in McMillan v. S.C.Dep’t of Agric., 364 S.C. 60, 611 S.E.2d 323 (Ct. App.2005).
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10:30 a.m. | |
4629 In the Matter of the Care and Treatment of Elliott D. Chandler, Respondent, v. The State of South Carolina, Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R.J. Shupe and Assistant Attorney General Brandy A. Duncan, all of Columbia, for Appellant. Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The State appeals the circuit court’s finding that there is no probable cause to establish the respondent Elliott D. Chandler is a sexually violent predator as defined by state law.
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Wednesday, October 22, 2008 | |
09:30 a.m. | |
4630 William F. Dykeman and Leslie L. Dykeman, on behalf of themselves and all others similarly situated, Appellants, v. Wells Fargo Home Mortgage, Inc., Respondent. Tom Young, Jr., Charles W. Whetstone, Jr., Cheryl F. Perkins, all of Whetstone Myers Perkins & Young, of Columbia, Timothy E. Eble, of Mt. Pleasant, and J. Olin McDougall, II, of Newman & McDougall, of Beaufort, for Appellants. Walter Keith Martens and Herbert W. Hamilton, both of Hamilton, Martens, Ballou & Sipe, of Rock Hill, for Respondent. Robert R. Thuss and Susan B. Berkowitz, both of Columbia, for Amicus Curiae South Carolina Appleseed Legal Justice Center. John T. Moore, C. Mitchell Brown and B. Rush Smith, III, all of Nelson Mullins Riley & Scarborough, of Columbia, for Amicus Curiae South Carolina Bankers Association. This is an appeal of the grant of summary judgment regarding whether a mortgage satisfaction should have been filed.
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10:00 a.m. | |
4631 Luke A. Williams, III, Petitioner, v. Jon Ozmint, Commissioner, South Carolina Department of Corrections, Respondent. David I. Bruck, of Lexington, VA, and Keir M. Weyble, of Blume Weyble & Norris, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent. Petitioner seeks a writ of habeas corpus to set aside his death sentences on the grounds of improper argument at the sentencing phase of his trial.
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10:30 a.m. | |
4632 James S. Richardson and Karolina M. Richardson, Petitioners, v. Donald Hawkins Construction, Inc., Donald Hawkins, Sharon Preu, as Personal Representative for the Estate of Joseph Taylor, and James Hodge, Defendants, Of Whom Donald Hawkins Construction, Inc. and Donald Hawkins are Respondents. Steven Smith McKenzie, of Johnson McKenzie & Robinson, of Manning, for Petitioner. Kenneth R. Young, Jr., of Young, Reiter, Keffer and Donnald, of Sumter, for Respondents. Petitioners prevailed at their civil trial against respondents, but the Court of Appeals reversed and remanded for a new trial. Petitioners argue, inter alia, that the Court of Appeals erred in addressing a hearsay issue that was unpreserved.
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Cases to be Submitted Without Oral Argument | |
James Bledsoe, 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 E. Elliott and Assistant Attorney General Daniel E. Grigg, of Columbia, for Respondent. |
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Edward N. Dawson, Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Matthew J. Friedman, all of Columbia, for Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Tony Stevenson Johnson, 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 Julie M. Thames, all of Columbia, for Respondent. |
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Ronnie Judy, Appellant, v. Phillip Martin and Dorchester County Sheriff Ray Nash, Defendants, of whom Phillip Martin is the Respondent. |
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Glenn Walters, Sr., and R. Bentz Kirby, both of Orangeburg, for Appellant. Phillip Martin, of Marion, pro se Respondent. |
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Anthony M. Lounds, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender LaNelle C. 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 Karen Ratigan, all of Columbia, for Respondent. |