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October 2011 |
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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 4, 2011 | |
09:30 a.m. | |
5145 16 Jade Street, LLC, Respondent/Appellant, v. R. Design Construction Co., LLC, and Carl R. Aten, Jr., Individually and in his capacity as principal and agent of R. Design Construction Co., LLC, Catterson & Sons Construction and Michael S. Catterson, Individually and in his capacity as principal and agent of Catterson & Sons Construction, Defendants, of whom, Carl R. Aten, Jr., is Appellant, and Michael S. Catterson, Individually and in his capacity as principal and agent of Catterson & Sons Construction, is Respondent. R. Design Construction Co., LLC, Third Party Plaintiffs, v. Kintz Electric, Third Party Defendant. Mary Bass Lohr, Thomas A. Bendle and William T. Young, III, of Howell Gibson & Hughes, P.A., of Beaufort, for Appellant. E. Mitchell Griffith and Michael D. Freeman, of Griffith, Sadler & Sharp, PA, of Beaufort, for Respondent/Appellant. Jeffery A. Ross, of Clawson & Staubes, LLC, of Charleston, for Respondent. This appeal presents the question of whether a member of a limited liability company can be held personally liable for torts he committed while engaged in company business.
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10:00 a.m. | |
5146 In the Interest of Justin B., a Juvenile Under the Age of Seventeen, Appellant. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christina J. Catoe, of Office of the Attorney General, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. Petitioner, a minor, appeals the imposition of mandatory lifetime electronic monitoring, pursuant to Section 23-3-540 of the South Carolina Code. Specifically, Petitioner alleges that Section 23-3-540, as applied to a juvenile, violates the prohibition against cruel and unusual punishment under the Eight Amendment of the United States Constitution and Article I, Section 15 of the South Carolina Constitution.
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10:30 a.m. | |
5147 The State, Respondent, v. John M. Sterling, Jr., Appellant. William W. Wilkins, Kirsten E. Small and Andrew Mathias, of Nexsen Pruet, LLC, of Greenville, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, for Respondent. Appellant appeals his conviction for securities fraud.
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Wednesday, October 5, 2011 | |
09:30 a.m. | |
5148 ORAL ARGUMENT CANCELLED - Jane Chrysostom, Respondent, v. Deno Constantine S. Chrysostom, Andy Chrysostomides, Individually and as Trustee of the Irrevocable Trust of C.S. Chrysostom, D.M.D., Premier Trust, Inc., Corporate Trustee of the Irrevocable Trust of C.S. Chrysostom, D.M.D., Charles Page Beall, Individually and as Trust Protector of the Irrevocable Trust of C.S. Chrysostom; C.S. Chrysostom DMD, P.A., Saint Photini, LLC, Nika, LLC, Nika II, LLC, Nika III, LLC, Nika IV, LLC, Nika V, LLC, Nika VI, LLC and CSC Management Services, LLC, Defendants, of whom Andy Chrysostomides, Individually and as Trustee of the Irrevocable Trust of C.S. Chrysostom, D.M.D., Premier Trust, Inc., Corporate Trustee of the Irrevocable Trust of C.S. Chrysostom, D.M.D., Saint Photini, LLC, Nika, LLC, Nika II, LLC, Nika III, LLC, Nika IV, LLC, Nika V, LLC, Nika VI, LLC, and CSC Management Services, LLC are, Appellants. J. Preston Strom, Jr., Mario A. Pacella and John R. Alphin, of Columbia, for Appellants. Victoria L. Eslinger and Rose D. Manos, of Nexsen Pruet, LLC, of Columbia, for Respondent. In this family court action, Respondent’s amended complaint against her husband added as defendants the third parties involved in controlling an irrevocable trust that holds the bulk of the family's assets and sought a temporary injunction to prevent any change in the trust or assets until further proceedings could be had to determine whether the trust funds were marital property subject to equitable distribution. Respondent contended the transfers of marital assets by her husband into the irrevocable trust were fraudulent conveyances that were void under the Statute of Elizabeth. Appellants appeal from the order granting a temporary injunction, arguing the family court does not have subject matter jurisdiction over the irrevocable trust because matters regarding the internal affairs of trusts must be heard in the probate court; further, it is a Nevada trust, and there is an action concerning the trust pending in the probate court in South Carolina in which Wife could intervene. In the alternative, Appellants argue that, even if the family court does have subject matter jurisdiction, a temporary injunction was not justified under the circumstances.
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10:00 a.m. | |
5149 Michael B. Moseley and Marsha H. Moseley, Respondents, v. All Things Possible, Inc. and James H. Hampton, of whom All Things Possible, Inc. is, Petitioner. Robert J. Thomas, of Rogers Townsend & Thomas, PC, of Columbia, for Petitioner. S. Jahue Moore and William B. Fortino, of Moore, Taylor & Thomas, P.A., of West Columbia, for Respondents. This Court granted a writ of certiorari to review the decision of the Court of Appeals, Moseley v. All Things Possible, Inc., 388 S.C. 31, 649, S.E.2d 43 (Ct. App. 2010), involving a claim of fraud in a real estate transaction.
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10:30 a.m. | |
5150 Karen Cole, as Guardian ad litem for David C., Appellant, v. Boy Scouts of America, Indian Waters Council, Pack 48, Faith Presbyterian Church and Jeff Wagner, Defendants, of whom Jeff Wagner, is, Respondent. David Cole and Karen Cole, Appellants, v. Boy Scouts of America, Indian Waters Council, Pack 48, Faith Presbyterian Church and Jeff Wagner, Defendants, of whom Jeff Wagner is, Respondent. Arthur K. Aiken, of Aiken & Hightower, of Columbia, for Appellants. John M. Grantland, Alice P. Adams and Ashley B. Stratton, of Murphy & Grantland, of Columbia, for Respondent. The Court considers an appeal from the circuit court order granting summary judgment to Respondent finding Appellant had assumed the risk of the injuries he sustained while playing softball.
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Thursday, October 6, 2011 | |
09:30 a.m. | |
5151 Alexander Michau, Employee, Claimant, Appellant, v. Georgetown County, Self-Insured Employer, through, South Carolina Counties Workers Compensation Trust,Respondents. Raymond C. Fischer and William Stuart Duncan, of Georgetown, for Appellant. Kirsten L. Barr and Jamie C. Guerrero, of Mt. Pleasant, for Respondents. Appellant, Alexander Michau (Employee) appeals a ruling by the Appellate Panel of the South Carolina Workers’ Compensation Commission (Commission) denying Employee’s claim of repetitive trauma injuries to his shoulders. In particular, Employee challenges the Commission’s interpretation and application of S.C. Code Ann. § 42-1-172 (Supp. 2010) as applied to repetitive trauma injury cases.
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10:00 a.m. | |
5152 Christopher Lovett Burke, Petitioner, v. State of South Carolina, Respondent. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Suzanne H. White, of Office of the Attorney General, of Columbia, for Respondent. The Court granted certiorari to review an order denying petitioner post-conviction relief.
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10:30 a.m. | |
5153 In the Matter of James H. Dickey, Respondent. Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, of Columbia, for the Office of Disciplinary Counsel. James H. Dickey, of Atlanta, Georgia, pro se Respondent. This is an attorney disciplinary matter.
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Tuesday, October 18, 2011 | |
09:30 a.m. | |
5154 The State, Respondent v. Samuel Whitner, Appellant. Christopher D. Scalzo, of Greenville and Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor W. Walter Wilkins, III, of Greenville, for Respondent. Appellant challenges the interpretation and application of South Carolina's wiretap statute, S.C. Code Ann § 70-30-10 et. seq, and its consent exception. Appellant also challenges the trial court's admission of a forensic interview videotape.
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10:00 a.m. | |
5155 M. Lee Jennings, Respondent, v. Gail M. Jennings, Holly Broome, Brenda Cooke, Individually and BJR International Detective Agency, Inc., of whom Holly Broome is, Petitioner. Gary W. Popwell, Jr., of Lee Eadon Isgett & Popwell, PA, of Columbia, for Petitioner. Max N. Pickelsimer and Carrie A. Warner, of Warner, Payne and Black, of Columbia, for Respondent. This Court granted a writ of certiorari to review the Court of Appeals opinion in Jennings v. Jennings, 389 S.C. 190, 697 S.E.2d 671 (Ct. App. 2010). Appellant argues the Court of Appeals erred in holding that emails she accessed on Respondent’s Yahoo! account were in “electronic storage” as defined in 18 U.S.C. § 2510(17).
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10:30 a.m. | |
5156 Marcus Hyman, Petitioner, v. State of South Carolina, Respondent. Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, for Respondent. The Court granted certiorari to review an order denying petitioner post-conviction relief.
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Wednesday, October 19, 2011 | |
09:30 a.m. | |
5157 Graham Law Firm, P.A., Appellant, v. Mohamed Makawi, Individually and d/b/a International House of Pancakes, and MKKM, Inc., Respondents. Edward L. Graham and Mary H. Watters, of Graham Law Firm, of Florence, for Appellant. Walker H. Willcox and E. Lloyd Willcox, II, of Willcox, Buyck & Williams, PA, of Florence, for Respondents. Appellant seeks reversal of an order setting aside default judgment.
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10:00 a.m. | |
5158 Storm M. H., a minor, by her parent, Gayla S. L. McSwain, and Gayla S. L. McSwain, pro se, Respondents/Appellants, v. Charleston County Board of Trustees and Nancy J. McGinley, in her official capacity as Superintendent of Charleston County School District, Appellants/Respondents. Kenneth L. Childs, John M. Reagle and Tyler R. Turner, of Childs & Halligan, P.A., of Columbia, for Appellants/Respondents. Gayla S.L. McSwain, of Goose Creek, pro se Respondent/Appellant. In this declaratory judgment action, the parties appeal from a circuit court order in which the court authorized a student, who resided in Berkeley County, to attend the Academic Magnet High School located in the Charleston County School District.
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10:30 a.m. | |
5159 Peggy McMaster, d/b/a PJM Properties and Gray McGurn, Appellants, v. Columbia Board of Zoning Appeals, Christopher Barczak, Ernest W. Cromartie, III, Elaine Gillespie, Alvin Hinkle, Lowndes T. Pope, Charles Watson, Elizabeth Webber-Akre, in their official capacities as members of the Columbia Board of Zoning Appeals, and City of Columbia, Respondents. Lance S. Boozer, of Tompkins & McMaster and Henry Dargan McMaster, both of Columbia, for Appellants. Peter Michael Balthazor, of Columbia, for Respondents. Thomas R. Gottshall, of Haynsworth Sinkler Boyd, PA, of Greenville and Marcus A. Manos, of Nexsen Pruet, LLC, of Columbia, for Amicus Curiae, the University Hill Neighborhood Association. Danny C. Crowe and R. Hawthorne Barrett, of Turner Padget Graham & Laney, P.A., of Columbia, for Amicus Curiae, Municipal Association of South Carolina. Appellants challenge the constitutionality of a City of Columbia Zoning Ordinance.
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Cases to be Submitted Without Oral Argument | |
David Michael Burress, 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 Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, of Office of the Attorney General, of Columbia, for Respondent. |
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Vincente Christino, a/k/a Vincente Christino Hernandez, Petitioner, v. State of South Carolina, Respondent. |
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Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Suzanne H. White, of Office of the Attorney General, of Columbia, for Respondent. |
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Chavis Obrian Jordan, 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 Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen Ratigan, of Office of the Attorney General, of Columbia, for Respondent. |