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October 2010 |
NEXT
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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 5, 2010 | |
09:30 a.m. | |
4992 The State, Respondent, v. LeQuint Johnson, Appellant. Appellate Defender Robert M. Pachak, 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 Donald J. Zelenka, all of Office of the Attorney General, of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent. The issue is whether the trial judge erred in denying appellant’s mistrial motion.
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10:00 a.m. | |
4993 AAW Travel Center, LLC, Alexis P. Kisteneff, Sr., and Elvira Kisteneff, Appellants, v. Cola 20, LLC d/b/a Columbia 20 Travel Center, LLC, Adkins, LP, Adkins Real Estate Holdings LLC, Michael J. Adkins, Vernis Adkins, Barbara Adkins, Richard Griffin, Griffin & Associates, PC, David Blinder, Jack Mester, and Colony United Business Brokers, Inc., Defendants, Of Whom Colony United Business Brokers, Inc., Jack Mester and David Blinder are Respondents. Richard Gleissner and Robert B. Phillips, both of Finkel Law Firm LLC, of Columbia, for Appellants. Brian Dumas, of Peake Fowler and Associates, of Columbia, for Respondents. The Appellants appeal from an order of the circuit court finding them in contempt of an order compelling arbitration based on their failure to institute arbitration proceedings.
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10:30 a.m. | |
4994 MRI at Belfair, LLC and Hilton Head Regional Medical Center, Appellants, v. South Carolina Department of Health and Environmental Control and Southern MRI, Respondents. Daniel J. Westbrook, Travis Dayhuff and Holly G. Gillespie, all of Nelson Mullins Riley & Scarborough and M. Elizabeth Crum and Kelly M. Jolley, both of McNair Law Firm, PA, all of Columbia, for Appellants. Carlisle Roberts, Jr., Nancy S. Layman, Ashley C. Biggers and Kristin L. Pawlowski, of South Carolina Department of Health and Environmental Control and E. Wade Mullins III, of Bruner, Powell, Robbins, Wall & Mullins, LLC, all of Columbia, for Respondents. In this appeal from the Administrative Law Court, Appellants argue the Administrative Law Court erred in finding Respondent Southern MRI, Inc. was not required to obtain a Certificate of Need from DHEC before acquiring a MRI for its imaging center in Hilton Head.
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Wednesday, October 6, 2010 | |
09:00 a.m. | |
4996 Trey Gowdy, as Solicitor for the Seventh Judicial Circuit, Respondent, v. Bobby Gibson, Jr. and Lillie Gibson, Petitioners. In Re: $146,050.00 in U.S. Currency. J. Falkner Wilkes, of Greenville, for Petitioners. Assistant Solicitor Robin C. File, of Spartanburg, for Respondent. This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in Gowdy v. Gibson, 381 S.C. 225, 672 S.E.2d 794 (Ct. App. 2008). The Court will determine whether the State’s forfeiture of $146,050 from Petitioners complied with the requirements of section 44-53-520 of the South Carolina Code (2002 & Supp. 2007).
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10:00 a.m. | |
4995 The State, Respondent, v. Reginald R. Lattimore, Appellant. Senior Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Deputy Director for Legal Services Teresa A. Knox, Assistant Chief Legal Counsel John Benjamin Aplin and Legal Counsel Tommy Evans, Jr., all of South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Respondent. This case discusses whether S.C. Code Ann. Section 23-3-540, which allows for electronic monitoring for sex offenders, is unconstitutional as a violation of the Eighth Amendment prohibition against cruel and unusual punishment.
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10:00 a.m. | |
5000 The State, Respondent, v. Andrew James Harrelson, Jr., Appellant. Deputy Chief Appellate Defender Wanda H. Carter, 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, Senior Assistant Attorney General Norman Mark Rapoport, Assistant Attorney General Mark R. Farthing, all of Office of the Attorney General, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent. This case discusses whether S.C. Code Ann. Section 23-3-540, which allows for electronic monitoring for sex offenders, is unconstitutional as a violation of the Eighth Amendment prohibition against cruel and unusual punishment.
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Thursday, October 7, 2010 | |
09:30 a.m. | |
4997 Kelvin Nelson, Petitioner, v. Jonathan E. Ozmint in his official capacity as Director of the South Carolina Department of Corrections, Respondent. Ernest Charles Grose, Jr. and Janna A. Nelson, both of Greenwood, for Petitioner. Christopher D. Florian, of Columbia, for Respondent. This case addresses whether inmates convicted of CDV, 3rd offense, may receive good time and earned work credits in such a way that would allow them to serve less than the one-year mandatory minimum sentence.
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10:00 a.m. | |
4998 South Carolina Department of Motor Vehicles, Respondent, v. Larry McCarson, Appellant. Heath Preston Taylor, of West Columbia and Carson McCurry Henderson, of Greenwood, for Appellant. Deputy General Counsel Philip S. Porter, General Counsel Frank L. Valenta, Jr. and Assistant General Counsel Linda A. Grice, all of Blythewood, for Respondent. Appellant appeals the order of the Administrative Law Court that resulted in the suspension of Appellant’s driver’s license following an arrest for driving under the influence.
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10:30 a.m. | |
4999 M&T Group, LLC, Respondent, v. Palmetto Point of Williamston, LLC and Jill L. Cox, individually and as Personal Representative of the Estate of John A. Cox, Appellants. J. Calhoun Pruitt, Jr., of Pruitt and Pruitt, of Anderson, for Appellants. Matthew P. Head and William S.F. Freeman, both of Greenville, for Respondent. In this appeal from common pleas court, Appellant Palmetto Point, LLC argues the circuit judge erred in granting summary judgment to Respondent M&T Group, LLC.
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Tuesday, October 19, 2010 | |
09:30 a.m. | |
5001 South Carolina Department of Transportation, Respondent, v. Horry County, Burroughs and Chapin Company, Inc., Wendell A. Grainger, Wanda B. Grainger, William Michael Grainger, Augustus Mace Grainger and Rachel Louise Grainger Rabon, Defendants, of whom Wendell A. Grainger, Wanda B. Grainger, William Michael Grainger Augustus Mace Grainger and Rachel Louise Grainger Rabon are Appellants. W. E. Jenkinson, III and Jennifer R. Kellahan, both of Jenkinson, Jarrett and Kellahan, of Kingstree and Louis David Nettles, of Folkens Law Firm, of Florence, for Appellants. John Samuel West, of Moncks Corner and Barbara Munig Wessinger, of Columbia, for Respondents. Respondent SCDOT sought a declaratory judgment from the special referee that it held a valid easement across Appellants’ land. The special referee declared the easement is valid, and this appeal followed.
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10:00 a.m. | |
5002 Town of Mount Pleasant, Appellant, v. Robert L. Chimento, Scott Richards, Michael Williamson, Jeremy Brestel and John T. Willis, Respondents. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Robert D. Cook, Senior Assistant Attorney General C. Havird Jones, Jr. and Assistant Attorney General Mary Frances Jowers, all of Office of the Attorney General, of Columbia, for Appellant. William W. Wilkins and Kirsten E. Small, both of Nexsen Pruet, LLC, of Greenville and Jeffrey Alton Phillips, of Travelers Rest, for Respondents. Thomas C. Goldstein, of Akin, Gump, Strauss, Hauer & Feld of Washington, D. C. and James W. Sheedy, of Driscoll Sheedy, P.A., of Rock Hill, for Amicus Curiae Poker Players Alliance. The issue is whether the circuit court erred in reversing respondent’s municipal court conviction for unlawful gambling.
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10:30 a.m. | |
5003 The State, Appellant, v. Jimmy Skelton, Respondent. Assistant Chief Legal Counsel John Benjamin Aplin, of South Carolina Department of Probation, Parole and Pardon Services of Columbia, for Appellant. Appellate Defender M. Celia Robinson and Appellate Defender LaNelle Cantey DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. The State appeals, arguing the circuit court erred in discharging Respondent from any further GPS monitoring pursuant to a retroactive application of State v. McGrier, 378 S.C. 320, 663 S.E.2d 15 (2008).
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Wednesday, October 20, 2010 | |
09:30 a.m. | |
5004 Ex Parte: South Carolina Department of Motor Vehicles, Appellant, In Re: Don C. Gillespie, Respondent, v. The State of South Carolina, Defendant. General Counsel Frank L. Valenta, Jr., Deputy General Counsel Philip S. Porter and Assistant Counsel Linda A. Grice, all of Blythewood, for Appellant. Paul L. Reeves, of Columbia, for Respondent. This direct appeal from the circuit court involves Respondent Gillespie’s entitlement to a driver’s license.
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10:00 a.m. | |
5005 The State, Respondent, v. Yancey Ranchara Thompson, Appellant. Appellate Defender M. Celia Robinson and Chief Appellate Defender Robert M. Dudek, 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 and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Office of the Attorney General, of Columbia and Solicitor Donald V. Myers, of Lexington, for Respondent. This case addresses the preclusive effect of a consent order from the Family Court in a criminal proceeding, whether the State introduced sufficient evidence to show the alleged crimes occurred within county where Appellant was tried, and whether the State failed to comply with its disclosure obligations.
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10:30 a.m. | |
5006 Earthscapes Unlimited, Inc., Respondent, v. Richard F. Ulbrich, Anne Ulbrich, J.E. Black Construction Co., Inc., Bluffton Glass & Mirror, Inc., Livingoods Inc., and K&K Plumbing, Defendants, Of Whom Richard F. Ulbrich and Anne Ulbrich are Appellants. Karl D. Twenge, of Twenge and Twombley of Beaufort, for Appellants. John R. C. Bowen, of Laughlin & Bowen, of Hilton Head Island, for Respondent. This case considers the application of the Mechanic’s Lien statutes to work performed by a landscaper, and whether a contract existed between the two parties.
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Cases to be Submitted Without Oral Argument | |
John W. Hayward, 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 Brian T. Petrano, all of Office of the Attorney General, of Columbia, for Petitioner. Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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In the Matter of Jessica R. Boney, Respondent. |
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Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, both of Columbia, for Office of Disciplinary Counsel. Jessica R. Boney, of Union, pro se Respondent. |
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In the Matter of Heather Ann Glover, Respondent. |
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Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Joseph P. Turner, Jr., both of Columbia, for Office of Disciplinary Counsel. Heather Ann Glover, of Horatio, pro se Respondent. |