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November 2004 |
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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, November 3, 2004 | |
09:30 a.m. | |
3960 The State, Petitioner v. Anthony W. Nellis, Jr., Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia and Solicitor Walter M. Bailey, Jr., of Summerville, for Petitioner. Mark Alan Leiendecker, of Summerville, Kelly Knight Byrd and Jennifer L. Queen, both of Knight Law Firm, of Summerville, for Respondent. The Court granted certiorari to consider a Court of Appeals decision finding respondent should be afforded a new trial because the circuit court erred in admitting "prior bad acts" evidence.
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10:00 a.m. | |
3961 Allendale County Sheriff's Office, Appellant and South Carolina Law Enforcement Division, Intervenor v. Two Chess Challenge II, games of skill, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert D. Cook and Senior Assistant Attorney General C. Havird Jones, Jr., all of Columbia, for Appellant and Intervenor. Richard Mark Gergel and W. Allen Nickles, III, both of Gergel, Nickles & Solomon, PA, of Columbia, for Intervenor. Jonathan Scott Altman, of Derfner, Altman & Wilborn, of Charleston, H. Woodrow Gooding, of Gooding & Gooding, of Allendale, A. Camden Lewis and Ariail E. King, both of Lewis, Babcock & Hawkins, of Columbia, for Respondent. In this case, the magistrate court ruled, and the circuit court affirmed, that the “Chess Challenge II games examined and all those operating in an identical manner are games of skill that are lawful.” Appellants have raised the following issues for review: (1) whether the lower courts had jurisdiction to rule on the legality of machines not before the court, and (2) whether the orders should be voided for lack of case or controversy and lack of notice to SLED.
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10:30 a.m. | |
3962 In the Interest of Jeremiah W., a minor under the age of seventeen, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Petitioner. Assistant Appellate Defender Robert M. Dudek, of Office of Appellate Defense, of Columbia, for Respondent. In this case, the family court adjudicated respondent delinquent on the charges of threatening a public official and breach of peace. The Court of Appeals reversed. We are asked to determine the following issues: (1) Did the Court of Appeals err by finding a directed verdict should have been entered on the charge of breach of peace? (2) Did the Court of Appeals err by finding a directed verdict should have been entered on the charge of threatening a public official?
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Thursday, November 4, 2004 | |
09:30 a.m. | |
3963 Loren John Murphy, Petitioner v. NationsBank, N.A., Respondent. James J. Raman, of Spartanburg, for Petitioner. Donald E. Rothwell, of Rothwell Law Firm and Scott Louis Hood, both of Irmo, for Respondent. This is a Court of Appeals certiorari. The issue on appeal is whether the Court of Appeals erred in finding that Murphy, a party to the action, was not entitled to a witness fee and mileage for attending a deposition.
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10:00 a.m. | |
3964 Jennie Willis, as Guardian Ad Litem for Thomas Willis, a minor under the age of fourteen (14) years, Appellant v. Donald S. Wu, M.D. and Donald S. Wu, M.D., P.A., Respondents. O. Fayrell Furr, Jr. and Karolan F. Ohanesian, of Furr, Henshaw & Ohanesian and Glenn V. Ohanesian, of Ohaneisan & Ohanesian, all of Myrtle Beach, for Appellant. Stephen L. Brown, John Hamilton Smith, Sr. and D. Jay Davis, Jr., all of Young Clement Rivers & Tisdale, of Charleston, for Respondents. In this appeal, the Supreme Court is asked to decide the novel issue of whether South Carolina will recognize a cause of action for "wrongful life." Such a lawsuit is brought by or on behalf of an infant or child born with a congenital defect. The infant or child alleges that, because of the negligence of the defendant health care provider, his parents either decided to conceive him ignorant of the risk of an impairment or birth defect, or were deprived of information during gestation that would have prompted them to terminate the pregnancy.
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10:30 a.m. | |
3965 The State, Petitioner v. Dana Dudley, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Druanne Dykes White, of Anderson, for Petitioner. Assistant Appellate Defender Aileen P. Clare, of Office of Appellate Defense, of Columbia, for Respondent. The Court granted certiorari to consider an en banc Court of Appeals decision holding that territorial jurisdiction is a component of subject matter jurisdiction.
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Tuesday, November 16, 2004 | |
09:30 a.m. | |
3966 The State, Respondent v. Alexander Santee Johnson, Petitioner. Assistant Appellate Defender Robert M. Dudek, of Office of Appellate Defense, 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, and Solicitor Robert M. Ariail, of Greenville, for Respondent. This Court granted certiorari to consider a court of appeals decision holding the admission of Petitioner's prior convictions was a harmelss error.
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10:00 a.m. | |
3967 The State, Petitioner/Respondent v. Gerrod Lewis, Respondent/Petitioner Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Deborah R.J. Shupe, all of Columbia, and Solicitor Walter M. Bailey, Jr., of Summerville, for Petitioner-Respondent. Assistant Appellate Defender Eleanor Duffy Cleary, of Office of Appellate Defense, of Columbia, for Respondent-Petitioner. This criminal case involves the issues of whether the Court of Appeals erred by affirming the trial court's failure to suppress an in-court identification and whether the Court of Appeals erred by holding the trial court improperly disallowed the defendant's attempt to strike a juror who had previously been struck in violation of Batson v. Kentucky, 476 U.S. 79 (1986).
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10:30 a.m. | |
3968 The State, Respondent v. Freddie Eugene Owens, Appellant. Acting Chief Attorney Joseph L. Savitz, III, of Office of Appellate Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Derrick K. McFarland, all of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent. This is a death penalty case. The issue on appeal is whether the trial court committed reversible error in advising the defendant concerning his waiver of a jury trial that it is not uncommon for jurors to advise the court during voir dire that they are in favor of the death penalty when, in reality, they are opposed to the death penalty and will attempt to be seated on the jury in order to vote for a sentence of life.
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Wednesday, November 17, 2004 | |
09:30 a.m. | |
3969 Sherwood N. Fender, Petitioner v. Heirs at Law of Roger Smashum, John Smashum and Arthur Smashum, if living or such heirs of them as may be living, Carolee H. Goodwine, Mae Olive Henderson, Audrey Polite Sawyer, Diana Cornish, Heirs of John Frasier, if living or such heirs of them as may be living, Bernadette Anderson, Eloise Gadson and all other persons unknown, having or claiming any right, title or estate or interest in or lien upon the real property described in the complaint herein, being designated collectively as John Doe and Sarah Roe, including all minors, persons in the armed forces, insane persons and all other persons under any other disability who might have or claim to have any right, title or interest in or lien upon the real property described in the complaint herein, Defendants, Of whom Henrietta Jones, Sarah Shepard and Lucy Smith, as heirs at law of John Smashum, and Queen Smashum, as grantee of Adam Smashum, heir at law of John Smashum, are Respondents. Alysoun Meree Eversole, of Beaufort, for Petitioner. Derek C. Gilbert, of Harvey & Battey, of Beaufort, for Respondents This case involves, among other things, whether the Court of Appeals erred in concluding Petitioner did not establish title by adverse possession.
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10:00 a.m. | |
3970 The State, Petitioner v. Larry Dean McCluney, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General David Spencer, all of Columbia and Solicitor Harold W. Gowdy, III, of Spartanburg, for Petitioner. Jack B. Swerling, of Columbia, for Respondent. This is a cocaine trafficking case. The issue is whether the Court of Appeals erred by holding that Respondent was entitled to a directed verdict because Respondent purchased imitation cocaine instead of real cocaine in a drug transaction involving a police informant.
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10:30 a.m. | |
3971 Tom Anderson, Respondent v. The Augusta Chronicle, Morris Communications, Inc., Petitioners. James M. Holly, of Hull Towill Norman Barrett & Salley, of Aiken and David E. Hudson, of Hull Towill Norman Barrett & Salley, of Augusta, GA, for Petitioners. Douglas K. Kotti, of Columbia, for Respondent. Jay Bender, of Baker, Ravenel & Bender, L.L.P., of Columbia, for Amicus Curiae SC Press Association and SC Broadcasters Association. This is a libel case brought by a public figure against a newspaper.
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Thursday, November 18, 2004 | |
09:30 a.m. | |
3972 Brenda A. Guffey, Personal Representative of the Estate of James Fred Guffey, Appellant v. Columbia/Colleton Regional Hospital, Inc., W.W. King, M.D., and David E. Meacher, M.D., P.A., Respondents. John E. Parker and Bert G. Utsey, III, both of Peters Murdaugh Parker Eltzroth & Detrick of Walterboro, for Appellant. Stephen L. Brown, John Hamilton Smith and D. Jay Davis, Jr., all of Young Clement Rivers & Tisdale, of Charleston, for Respondents W.W. King, M.D., and David E. Meacher, M.D., P.A. C. Mitchell Brown, Zoe Sanders Nettles and Elizabeth H. Campbell, all of Nelson Mullins Riley & Scarborough, of Columbia, for Respondent Columbia/Colleton Regional Hospital, Inc. In this medical malpractice case, appellant challenges verdicts directed in favor of the hospital on two specifications of negligence and the exclusion of evidence.
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10:00 a.m. | |
3973 Theodore Gordon, Respondent/Appellant v. Phillips Utilities, Inc., Appellant/Respondent. Kenneth Ray Raynor, of Templeton & Raynor, of Charlotte, NC, for Appellant-Respondent. Larry Dale Dove, of Rock Hill and Kenneth M. Suggs, of Suggs & Kelly Lawyers, PA, of Columbia, for Respondent-Appellant. This is a negligence action in which the parties have filed cross-appeals. The issues are whether the circuit court erred in granting the plaintiff partial summary judgment precluding the defendant from asserting a set-off based upon an award of workers' compensation benefits and whether the circuit court erred in reducing the actual damages based upon comparative negligence because the jury found the defendant was reckless, willful, and wanton when it awarded punitive damages
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10:30 a.m. | |
3974 Harold Pittman, Petitioner v. C. E. Lowther, Respondent. Darrell Thomas Johnson, Jr. and Mills L. Morrison, Jr., both of Hardeeville, for Petitioner. H. Fred Kuhn, Jr., of Moss, Kuhn & Fleming, P.A., of Beaufort, for Respondent. This case involves, among other things, whether the Court of Appeals erred in concluding Petitioner failed to establish an easement by prescription or dedication over Respondent's property.
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Cases to be Submitted Without Oral Argument | |
David C. Christmas, 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 Julie M. Thames, all of Columbia, for Petitioner. Assistant Appellate Defender Robert M. Pachak, of Office of Appellate Defense, of Columbia, for Respondent. |
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James A. Sellers, 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 Christopher L. Newton, all of Columbia, for Petitioner. Assistant Appellate Defender Aileen P. Clare, of Office of Appellate Defense, of Columbia, for Respondent. |