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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.
Wednesday, October 7, 2015 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2013-000107 Carolina First Bank, n/k/a TD Bank, NA, Petitioner,
v.
BADD, LLC, William McKown and Charles A. Christenson, Defendants,
of whom BADD, LLC and William McKown are Respondents.
BADD, LLC and William McKown, Third Party Plaintiffs,
v.
William Rempher, Third Party Defendant. C. Mitchell Brown, Thomas William McGee, III and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Petitioner. Richard R. Gleissner and Luke R. Gleissner, both of Gleissner Law Firm, LLC, of Columbia, for Respondents. The Court agreed to rehear this case following the filing of Op. No. 27486 on January 28, 2015, which reversed the decision of the Court of Appeals in Carolina First Bank v. BADD, L.L.C., 400 S.C. 343, 733 S.E.2d 619 (Ct. App. 2012). |
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-002721 Edward Dean and Nolan Brown, Appellants,
v.
Mark Keel, in his Official Capacity as Chief of the South Carolina Law Enforcement Division, Respondent. E. Charles Grose, Jr., of The Grose Law Firm, LLC, of Greenwood, for Appellants. Attorney General Alan Wilson, Assistant Attorney General Marcie E. Greene, Assistant Attorney General Courtney E. Lowell, all of Columbia and General Counsel Adam Whitsett, of South Carolina Law Enforcement Division, of Columbia, for Respondent. In this direct appeal, Appellants challenge the constitutionality of the South Carolina Sex Offender Registry Act, S.C. Code Ann. ยงยง 23-3-400 to -555 (2007 & Supp. 2014). |
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10:30 a.m. | (Time Limits: 10-10-5) |
2014-001968 The State, Respondent,
v.
Donald Marquice Anderson, Petitioner. Carmen Ganjehsani and Appellate Defender Laura R. Baer, both of Columbia, for Petitioner. Attorney General Alan M. Wilson, Assistant Attorney General Mary W. Leddon and Staff Attorney Susannah R. Cole, all of Columbia and Solicitor W. Walter Wilkins, of Greenville, for Respondent. The Court granted certiorari to review the court of appeals' decision in State v. Anderson, Op. No. 2014-UP-282 (S.C. Ct. App. filed July 9, 2014), which affirmed the trial court's finding that (1) the police had a reasonable suspicion to detain Anderson, and (2) the police had a reasonable belief that he was armed and dangerous to justify the pat-down. |
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11:00 a.m. | (Time Limits: 10-10-5) |
2014-001191 Israel Wilds, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Petitioner. Tara Dawn Shurling, of Columbia, for Respondent. The Court reviews the court of appeals' decision in Wilds v. State, 407 S.C. 432, 756 S.E.2d 387 (Ct. App. 2014). |
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2:00 p.m. | (Time Limits: 10-10-5) |
2014-001544 The State, Petitioner,
v.
Kevin Tyrone Bennett, Respondent. Attorney General Alan Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Petitioner. Appellate Defender David Alexander of Columbia, for Respondent. The Court granted certiorari to review the court of appeals' decision in State v. Bennett, 408 S.C. 302, 758 S.E.2d 743 (Ct. App. 2014), which held that the State's evidence was not sufficient to support the defendant's convictions. |
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Thursday, October 8, 2015 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 20-20-10) |
2012-205909 James D. Robertson, Petitioner,
v.
State of South Carolina, Respondent. Keir M. Weyble, of Ithaca, New York and Emily Paavola, of Justice 360, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, for Respondent. In this death penalty Post-Conviction Relief (PCR) appeal, the Court granted certiorari to review the circuit court's dismissal of Petitioner's second PCR application. Petitioner contends his second PCR application should not have been dismissed as successive because his case presents unique circumstances warranting review of prior PCR counsel's assistance under Martinez v. Ryan, 132 S. Ct. 1309 (2012). |
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-001506 The State, Respondent,
v.
David Gerrard Johnson, Petitioner. Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General Melody Jane Brown, all of Columbia and Solicitor E. L. Clements, III, of Florence, for Respondent. In this appeal, Petitioner contends the court of appeals erred in affirming the trial court's admission of Petitioner's statement to police because Petitioner lacked the requisite mental capacity to knowingly waive his constitutional rights; and consequently, the court of appeals erred in affirming the trial court's admission of evidence located using this statement because it was "fruit of the poisonous tree" and because Petitioner lacked the requisite mental capacity to consent to a search of his home. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2012-213375 Travis A. Roddey, as the Personal Representative of the Estate of Alice Monique Beckham Hancock, deceased, Petitioner,
v.
Wal-Mart Stores East, LP, U.S. Security Associates, Inc., and Derrick L. Jones, Respondents. Blake A. Hewitt and John S. Nichols, both of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia, Brent P. Stewart, of Stewart Law Offices, LLC, S. Randall Hood and William A. McKinnon, both of McGowan Hood & Felder, LLC, all of Rock Hill, for Petitioner. W. Howard Boyd, Jr. and Stephanie G. Flynn, both of Gallivan, White & Boyd, PA, of Greenville, for Respondents. The Court granted certiorari to review the decision of the Court of Appeals in Roddey v. Wal-Mart Stores E., L.P., 400 S.C. 59, 732 S.E.2d 635 (Ct. App. 2012). |
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11:00 a.m. | (Time Limits: 10-10-5) |
2013-002611 Richard A. Hartzell, Employee, Petitioner,
v.
Palmetto Collision, LLC, Employer and South Carolina Worker's Compensation Uninsured Employer's Fund, Respondents. Kerry W. Koon, of Charleston, for Petitioner. Kirsten L. Barr, of Trask & Howell, LLC, of Mt. Pleasant and Lisa Glover, of Columbia, both for Respondents. The Court granted certiorari to review the court of appeals' opinion in Hartzell v. Palmetto Collision, L.L.C., 406 S.C. 233, 750 S.E.2d 97 (Ct. App. 2013) (per curiam), which reversed the Workers' Compensation Commission's determination that Petitioner provided his employer with timely notice that he had suffered a work-related back injury. |
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Tuesday, October 20, 2015 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2013-001477 Roosevelt Simmons, Petitioner,
v.
Berkeley Electric Cooperative Inc., and St. John's Water Company, Inc., Respondents. Edward A. Bertele, of Charleston, for Petitioner. John B. Williams and J. Jay Hulst, both of Williams and Hulst, LLC, of Moncks Corner, Gaines W. Smith and Jeffrey C. Moore, both of Legare, Hare & Smith, of Charleston, for Respondents. The Court granted Simmons' petition for a writ certiorari to review the court of appeals' decision in Simmons v. Berkeley Electric Cooperative, 404 S.C. 172, 744 S.E.2d 580 (Ct. App. 2013). The court of appeals affirmed the master-in-equity's grant of summary judgment in favor of Berkeley Electric, affirmed the master's determination that St. John's Water established a prescriptive easement to the water main, and reversed the master's finding that St. John's Water had an express easement to cross Simmons' property. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-002097 The State, Respondent,
v.
Jason Alan Johnson, Petitioner. Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, and Solicitor Kevin S. Brackett, of York, for Respondent. The Court reviews the court of appeals decision in State v. Johnson, 410 S.C. 10, 763 S.E.2d 36 (Ct. App. 2014). |
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10:30 a.m. | (Time Limits: 10-10-5) |
2014-002039 Patricia Fore, Employee, Petitioner,
v.
Griffco of Wampee, Inc., Employer, and Chartis Claims, Inc., Carrier, Respondents. Stephen B. Samuels, of the Samuels Law Firm, LLC and Peter P. Leventis, of McKay, Cauthen, Settana & Stubley, P.A, both of Columbia, for Petitioner. James H. Lichty, of McAngus Goudelock & Courie, LLC, of Columbia and Helen F. Hiser, of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondents. The Court granted certiorari to review the court of appeals' decision in Fore v. Griffco of Wampee, Inc., 409 S.C. 360, 762 S.E.2d 37 (Ct. App. 2014), which affirmed in part, reversed in part, and remanded. |
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2:00 p.m. | (Time Limits: 15-15-5) |
2015-000331 Nadene Holliday, Individually and as Personal Representative of the Estate of David Holliday, Appellant,
v.
Waccamaw Community Hospital and Kent M. McGinley, M.D., Defendants,
Of whom Waccamaw Community Hospital is the Respondent. Richard S. Rosen, Andrew D. Gowdown and Elizabeth J. Palmer, all of Rosen, Rosen and Hagood, LLC, of Charleston, for Appellant. William W. Doar, Jr. and Richard M. Smith, both of McNair Law Firm, P.A. of Pawleys Island, for Respondent. Russell T. Burke, of Nexsen Pruet, LLC, of Columbia, for Amicus Curiae, South Carolina Hospital Association. In this direct appeal, the Court reviews the circuit court's determination that South Carolina does not recognize a cause of action for negligent credentialing arising out of a corporate negligence theory. |
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Wednesday, October 21, 2015 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2014-001984 Clifford Thompson, Petitioner,
v.
State of South Carolina, Respondent. Lindsey Sterling Vann, of Justice 360, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh and Assistant Attorney General Marcie E. Greene, all of Columbia, for Respondent. The Court granted Thompson's writ of certiorari to review the court of appeals' decision in Thompson v. State, 409 S.C. 386, 762 S.E.2d 51 (Ct. App. 2014), involving Thompson's action for a declaratory judgment that his kidnapping offenses did not involve a criminal sexual offense. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-001496 The State, Respondent,
v.
Alton Wesley Gore, Jr., Petitioner. Nicole Nicolette Mace and Amy Kristan Raffaldt, both of The Mace Law Firm, of Myrtle Beach, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina Catoe Bigelow, both of Columbia, for Respondent. The Court granted certiorari to review the decision of the Court of Appeals in State v. Gore, 408 S.C. 237, 758 S.E.2d 717 (Ct. App. 2014). |
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10:30 a.m. | (Time Limits: 10-10-5) |
2014-001545 The State, Petitioner,
v.
Alex Robinson, Respondent. Attorney General Alan Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Petitioner. Appellate Defender Laura Ruth Baer, of Columbia and Dayne Phillips, of Lexington, for Respondent. The Court granted certiorari to review the decision of the Court of Appeals in State v. Robinson, 408 S.C. 268, 758 S.E.2d 725 (Ct. App. 2014). |
Cases to be Submitted Without Oral Argument | |
Clarence Kendall Cook, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Joshua Lee Thomas, of Columbia, for Respondent. |
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Nathaniel Teamer, Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Alan M. Wilson and Assistant Deputy Attorney General Suzanne H. White, both of Columbia, for Petitioner. C. Rauch Wise, of Greenwood, for Respondent. |
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Nathaniel Teamer, Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Alan Wilson and Assistant Deputy Attorney General Suzanne H. White, both of Columbia, for Petitioner. C. Rauch Wise, of Greenwood, for Respondent. |
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Travis Montre Smith, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Senior Assistant Attorney General Karen C. Ratigan, both of Columbia, for Respondent. |