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October 2023 |
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 3, 2023 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2021-001176 The State, Petitioner,
v.
Randy Collins, Respondent. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor Jimmy A. Richardson, II, of Conway, for Petitioner. E. Brandon Gaskins, of Moore & Van Allen, PLLC, of Charleston, and Chief Appellate Defender Robert Michael Dudek, of Columbia, for Respondent. This Court has granted the State's petition for a writ of certiorari to review the decision of the court of appeals in State v. Collins, 435 S.C. 31, 864 S.E.2d 914 (Ct. App. 2021), which reversed Collins's convictions and sentences and remanded for a new trial. The State contends the court of appeals erred in finding Collins's confession should not have been admitted into evidence at trial because it was involuntary. The State further contends the court of appeals erred in denying its motion to supplement the record on appeal with Collins's subsequent confession of guilt at his co-defendant's trial, as this eliminated any possible prejudice from the admission of his confession. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2022-000054 The State, Respondent,
v.
Byron Labron Rivers, Petitioner. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Deputy Attorney General Melody Jane Brown and Deputy Attorney Donald J. Zelenka and Assistant Attorney General Tommy Evans, Jr., of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, all for Respondent. The Court granted a writ of certiorari to review the court of appeals' decision in State v. Rivers, Op. No. 2021-UP-395 (S.C. Ct. App. filed Nov. 10, 2021). |
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Wednesday, October 4, 2023 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 20-20-10) |
2020-001323 Walterboro Community Hospital, Inc, d/b/a Colleton Medical Center, Appellant,
v.
South Carolina Department of Health and Environmental Control and Medical University Hospital Authority, d/b/a MUHA Community Authority, Respondents,
AND
Trident Medical Center LLC, d/b/a Trident Medical Center and Summerville Medical Center, Appellants,
v.
South Carolina Department of Health and Environmental Control and Medical University Hospital Authority, d/b/a MUHA Community Hospital, Respondents. David Beam Summer, Jr., William R. Thomas, and Faye Anne Flowers, of Parker Poe Adams & Bernstein, LLP, of Columbia, for Appellants Trident Medical Center, LLC d/b/a Trident Medical Center and Summerville Medical Center and Walterboro Community Hospital, Inc. d/b/a Colleton Medical Center. Vito Michael Wicevic and Ashley Caroline Biggers, of Columbia, for Respondent South Carolina Department of Health and Environmental Control. Robert L. Widener, Celest Tiller Jones, Mary Elizabeth Crum and Pamela A. Baker, of Burr & Forman, LLP, of Columbia, for Respondent Medical University Hospital Authority d/b/a MUHA Community Hospital. The Court will consider whether the administrative law court erred in approving a Certificate of Need for the Medical University Housing Authority's proposed 128-bed hospital in Berkeley County. The Court will also consider whether the appeal bond required by S.C. Code Ann. ยง 44-7-220(B) (2018) is unconstitutional. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2021-001097 The State, Petitioner,
v.
Demontay Markeith Payne, Respondent. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Assistant Attorney General William Joseph Maye, all of Columbia; and Solicitor John William Weeks, of Aiken, all for Petitioner. Appellate Defender Breen Richard Stevens, of Columbia, for Respondent. We granted the State's petition for a writ of certiorari to review the court of appeals' decision in State v. Payne, 434 S.C. 121, 862 S.E.2d 81 (Ct. App. 2021), in which the court of appeals reversed Payne's conviction for murder. We will determine whether the trial court erred in denying Payne's request for a jury charge of the lesser-included offense of voluntary manslaughter. |
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Tuesday, October 24, 2023 | |
Greenville
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10:00 a.m. | (Time Limits: 15-15-5) |
2022-000211 The State, Respondent,
v.
Gregg Pickrell, Petitioner. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Senior Assistant Attorney General Mark Reynolds Farthing, and Solicitor Byron E. Gipson, all of Columbia, for Respondent. We granted Pickrell's petition for a writ of certiorari to review the court of appeals' decision in State v. Pickrell, 435 S.C. 417, 867 S.E.2d 465 (Ct. App. 2021). We will determine whether the trial court erred in admitting testimony from a South Carolina Law Enforcement Division agent concerning the possible location of the shooter. |
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11:30 a.m. | (Time Limits: 15-15-5) |
2022-000740 Tony Young, Petitioner,
v.
Greenwood County Detention Center and the Greenwood County Sheriff's Office, Defendants,
Of Which The Greenwood County Sheriff's Office is Respondent. Joshua Thomas Hawkins and Helena LeeAnn Jedziniak of Hawkins & Jedziniak, LLC, of Greenville; Kyle Jason White of White, Davis, and White Law Firm, of Anderson, all for Petitioner. Andrew F. Lindemann of Lindemann Law Firm, P.A., of Columbia, and Russell W. Harter, Jr. of Chapman Harter, P.A., of Greenville, for Respondent. The Court has granted Young's petition for a writ of certiorari to review the decision of the court of appeals in Young v. Greenwood County Detention Center, Op. No. 2022-UP-170 (S.C. Ct. App. filed Apr. 6, 2022). The decision upheld a jury verdict for the defense in Young's action alleging various policies and procedures were violated during his processing at the detention center. Young contends the court of appeals erred in failing to find (1) he was denied his constitutional right to a fair trial due to the trial judge's commentary and rulings on evidentiary issues, and (2) the jury instructions on comparative negligence constituted reversible error. |
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Wednesday, October 25, 2023 | |
Greenville
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10:00 a.m. | (Time Limits: 15-15-5) |
2022-001228 The State, Respondent,
v.
Mutekis Jamar Williams, Petitioner. Clarence Rauch Wise, of Greenwood, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General Mark Reynolds Farthing, of Columbia; Solicitor Scarlett Ann Wilson, of Charleston, all for Respondent. This Court granted Williams' petition for a writ of certiorari to review the court of appeals opinion in State v. Williams, Op. No. 2022-UP-114 (S.C. Ct. App. filed June 8, 2022), in which the court of appeals affirmed Williams' conviction for trafficking in cocaine in an amount of one hundred grams or more. The Court will consider whether (1) the trial court erred in failing to strike an arresting deputy's testimony that Williams was in constructive possession of the cocaine and (2) the court of appeals erred in holding the admission of the arresting deputy's testimony was not reversible error. |
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11:30 a.m. | (Time Limits: 15-15-5) |
2022-001378 United States of America, Plaintiff,
v.
Patrick Fitzgerald Clemons, Defendant. United States Attorney Adair Ford Boroughs, Assistant United States Attorney Kathleen Michelle Stoughton and Assistant United States Attorney Justin William Holloway, all of Columbia, for Plaintiff. Elizabeth Anne Franklin-Best, of Elizabeth Franklin-Best, P.C., of Columbia, for Defendant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General W. Jeffrey Young, Deputy Attorney General Donald J. Zelenka, and Assistant Deputy Attorney General Mark Reynolds Farthing, all of Columbia, for State of South Carolina, Amicus Curiae. This Court will answer the following questions certified by the United States Fourth Circuit Court of Appeals: (1) what mental state is required to commit South Carolina Assault and Battery, Second Degree, in violation of section 16-3-600 of the South Carolina Code; and (2) what mental state is required to commit South Carolina Criminal Domestic Violence of a High and Aggravated nature in violation of section 16-25-65 of the South Carolina Code. |