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November 2005 |
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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, November 1, 2005 | |
09:30 a.m. | |
4118 In Re: Paul D. de Holczer, Appellant. B. Michael Brackett, of Moses Koon & Brackett, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Deborah R.J. Shupe, all of Columbia, for Respondent. The appellant, an attorney, appeals from the circuit court’s order holding him in contempt and fining him $1,000. The contempt arose from an in-chambers, off-the-record conference during a condemnation trial. The issues are whether the circuit court erred by not granting the appellant’s motion for a continuance; whether the appellant’s due process rights were violated; and whether the circuit court erred in holding him in contempt.
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10:00 a.m. | |
4119 The State, Petitioner v. Gerald Means, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General David A. Spencer, all of Columbia, and Solicitor John R. Justice, of Chester, for Petitioner. Acting Deputy Chief Attorney Wanda H. Carter, of Office of Appellate Defense, of Columbia, for Respondent. The Court of Appeals vacated Respondent’s conviction for criminal domestic violence of a high and aggravated nature, holding the circuit court lacked subject matter jurisdiction due to a deficient indictment which could not be amended pursuant to the State’s pretrial motion. The Supreme Court granted the State’s petition for a writ of certiorari to review whether the Court of Appeals erred in vacating the conviction.
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10:30 a.m. | |
4120 The State, Respondent v. Brad Keith Sigmon, Appellant. Assistant Appellate Defender Eleanor Duffy Cleary, 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 Melody J. Brown, all of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent. This is a death-penalty case. The issue is whether Appellant’s Fourteenth Amendment right to notice of the nature of the charges against him was violated because the indictments charging him with murder did not include the aggravating circumstances that supported elevation of his sentence.
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Wednesday, November 2, 2005 | |
09:30 a.m. | |
4094 Darla R. Floyd and Dana Nichole Floyd, Plaintiffs v. Nationwide Mutual Insurance Company, Defendant. Bryan D. Ramey, of Piedmont, and John S. Nichols, Bluestein & Nichols, of Columbia, for Plaintiffs. John Robert Murphy and Adam J. Neil, both of Murphy and Grantland, P.A., of Columbia, for Defendant. In this matter, the federal district court certified the following question regarding underinsured motorist (UIM) coverage to the Supreme Court: Does S.C. Code Ann. Section 38-77-350(B) (2002) require the named insured to personally fill in the blanks as well as to sign the UIM offer form in order to properly complete and execute the UIM offer form?
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10:00 a.m. | |
4121 David Peagler, Personal Representative of the Estate of Kathy Marie Thompson, Plaintiff-Appellee v. USAA Insurance Company, Defendant-Appellant. William Oglesby Sweeny, III, and William Roberts Calhoun, Jr., both of Sweeny, Wingate & Barrow, PA, of Columbia, for Defendant-Appellant. John Calhoun Land, IV, of Land, Parker & Welch, PA, of Manning, for Plaintiff-Appellee. Timothy A. Domin and Michael B. McCall, II, both of Clawson & Staubes, LLC, of Charleston, for Amicus Curiae, State Farm Insurance Companies. Kathy M. Thompson was fatally injured when her husband, Gregory A. Thompson, was unloading two shotguns from the pickup truck she was occupying, and one of the shotguns accidentally discharged. The United States Court of Appeals for the Fourth Circuit has certified the following question to the Supreme Court: Did Kathy Thompson’s fatal injury arise out of the “ownership, maintenance, or use” of a motor vehicle pursuant to S.C. Code Ann. Section 38-77-140 (2002)?
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10:30 a.m. | |
4122 Edward D. Sloan, individually and as a citizen and taxpayer and registered elector of the State of South Carolina, and on behalf of all others similarly situated, Appellant v. Friends of the Hunley, Inc., and Warren F. Lasch, its Chairman, Respondents. Jennifer J. Miller and James G. Carpenter, both of Carpenter Law Firm, of Greenville, for Appellant. Thornwell F. Sowell, III, of Sowell, Gray, Stepp & Laffitte, L.L.C., of Columbia, for Respondents. This case involves the issues of whether the trial court erred in granting summary judgment to a defendant of a FOIA claim and whether the plaintiff has standing to bring the action.
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Thursday, November 3, 2005 | |
09:30 a.m. | |
4125 The State, Respondent v. Bynum Rayfield, Petitioner. Jack B. Swerling, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor John R. Justice, of Chester, for Respondent. The Court granted a writ of certiorari to review State v. Rayfield, 357 S.C. 497, 593 S.E.2d 486 (Ct. App. 2004). The issues are: (1) whether the Court of Appeals erred in holding that the circuit court committed harmless error in granting the State’s Batson motion and redrawing the petit jury; and (2) whether the Court of Appeals erred in holding that the circuit court committed no error in charging the jury.
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10:00 a.m. | |
4124 Ex Parte: Missy Wilson, Respondent. In Re: BB&T of South Carolina, Plaintiff v. Kim A. Pender, Defendant, of whom BB&T of South Caolina is Appellant. John William Ray, of Greenville, for Appellant. David Kent Snyder, of Columbia, and Christian E. Boesl, of Collins and Lacy, of Columbia, for Respondent. The issues in this case are: (1) whether an order quashing a subpoena duces tecum issued to a nonparty prior to the commencement of enforcement of the judgment is immediately appealable; (2) whether the lower court erred in granting Respondent’s Motion to Quash on the ground that the discovery was improper under Rule 69, SCRCP; and (3) whether the lower court erred in granting Respondent’s Motion to Quash on the ground that the attorney-client privilege applies.
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10:30 a.m. | |
4123 The State, Respondent v. Jeffrey J. Weston, Appellant. Assistant Appellate Defender Robert M. Dudek, 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, Assistant Attorney General Jeffrey A. Jacobs and Solicitor Warren Blair Giese, all of Columbia, for Respondent. Weston was convicted of murdering his 78-year old mother, whose body was never found. He appeals raising numerous evidentiary issues, and contending he was entitled to a directed verdict.
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Tuesday, November 15, 2005 | |
09:30 a.m. | |
4127 Linda Dowd, Individually and On Behalf of Kristen Stabler, Appellant v. Nancy J. Dallas and John M. Dickert, Respondents. John D. Elliott, and Timothy D. Harbeson, both of Columbia, for Appellant. Victoria L. Eslinger and Dennis J. Lynch, both of Nexsen Pruet Adams Kleemeier, LLC, of Columbia, for Respondents. This adoption case involves the issues of whether the family court has subject matter jurisdiction to determine the validity of the challenged adoption and whether the claim of fraudulent inducement in consenting to the adoption was adequately pled.
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10:00 a.m. | |
4128 The State, Respondent v. Thomas Bryant, 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, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Derrick K. McFarland, and Solicitor Warren Blair Giese, all of Columbia, for Respondent. The petitioner was convicted of murder and possession of a weapon by a person convicted of a violent crime. He was sentenced to life without parole. The Court of Appeals affirmed. The sole issue on appeal is whether the trial court erred in admitting the petitioner’s prior firearms convictions.
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10:30 a.m. | |
4126 Robert Lee Nance, Petitioner v. R. Dodge Frederick, Director, South Carolina Department of Corrections, Respondent. Teresa L. Norris, William Norman Nettles, and Office of Appellate Defense, all of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, for Respondent. This case is on remand to determine the impact of Florida v. Nixon on this Court’s pervious opinion.
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Wednesday, November 16, 2005 | |
09:30 a.m. | |
4001 Willie May David and J.D. David, Appellants v. McLeod Regional Medical Center, Dr. Ken Brusett, Individually, Pee Dee Cardiovascular Surgeons, Pee Dee Pathology, and Dr. H. K. Habermeier, Respondents. Eduardo K. Curry, Carl B. Grant, both of Curry, Curry & Counts, PA, of Charleston, and Jayne G. Helm, of Mt. Pleasant, for Appellants. J. Rene Josey, of Turner, Padget, Graham & Laney, P.A., of Florence, for Respondent McLeod Regional Medical Center. Robert H. Hood, D. Nathan Hughey, and Deborah H. Sheffield, all of Hood Law Firm, of Charleston, for Respondents Pee Dee Pathology and Dr. H.K. Habermeir. Mark W. Buyck, Jr., of Willcox, Buyck & Williams, PA, of Florence, for Respondents Dr. Kent Brusett and Pee Dee Cardiovascular Surgeons. Rehearing of case dealing with sufficiency of expert affidavits in a lawsuit for medical malpractice. Willie Mae David (Appellant) appeals the trial court’s order granting summary judgment in favor of Respondents.
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10:00 a.m. | |
4129 The State, Petitioner v. Robert Earl Miller, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Petitioner. William G. Rhoden, of Winter and Rhoden, of Gaffney, for Respondent. This case involves the issue of whether a defendant has standing to challenge the identification of an alleged accomplice in an in camera hearing.
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10:30 a.m. | |
4130 Williamsburg Rural Water and Sewer Company, Inc., Petitioner v. Williamsburg County Water and Sewer Authority, a Body Politic, County of Williamsburg, Body Politic, and Town of Kingstree, a Body Politic, Respondents. Larry G. Reddeck, of Nettles, Turbeville & Reddeck, of Lake City, for Petitioner. W. E. Jenkinson, III, and Ernest J. Jarrett, both of Jenkinson, Jarrett and Kellahan, of Kingstree, for Respondents. The Court granted certiorari to consider an en banc Court of Appeals’ decision construing former §33-35-90.
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Cases to be Submitted Without Oral Argument | |
Michael A. Wright, Petitioner v. State of South Carolina, Respondent |
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Acting Chief Attorney Joseph L. Savitz, III, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Karen C. Ratigan, all of Columbia, for Respondent. |
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Stephen Ray Ellenburg, 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. Tara Dawn Shurling, of Columbia, for Respondent. |
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Frank Tolen, Jr., 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 Adrianne L. Turner, all of Columbia, for Petitioner. Acting Deputy Chief Attorney Wanda H. Carter, of Office of Appellate Defense, of Columbia, for Respondent. |
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Capricia Hampton, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Eleanor Duffy Cleary, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney Genral John McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Sabrina C. Todd, all of Columbia, for Respondent. |