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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 31, 2006 | |
09:30 a.m. | |
4281 Colleton County Taxpayers Association, Edisto Beach Property Owners Association, Inc., South Carolina Public Interest Foundation, David Cannon, Joseph Mire, Marion Rizer, and Randy White, individually, and on behalf of all others similarly situated, Respondents v. The School District of Colleton County, Superintendent Charles W. Gale, Jr., SCAGO Educational Facilities Corporation for Colleton School District, Miles Crosby, Rachel Farris, Redell Fields, P. A. Pournelle, III, and Wayne Shider, Petitioners. Francenia B. Heizer, Robert L. Widener and Paul D. Harrill, all of McNair Law Firm, of Columbia, for Petitioners. James G. Carpenter, of Carpenter Law Firm, of Greenville, for Respondent. This is an original jurisdiction case that involves issues of public indebtedness.
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10:00 a.m. | |
4282 Beth Franklin and Julianne Franklin, Petitioners v. Ernest B. Chavis, Respondent. Adele Jeffords Pope, of Columbia, for Petitioners. Thomas E. Lydon, of McAngus, Goudelock & Courie, of Columbia, for Respondent. This is an original jurisdiction case that raises the issue of whether a non-lawyer's involvement in drafting a will and other documents was the unauthorized practice of law.
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10:30 a.m. | |
4283 In the Matter of David B. Greene, Respondent. Senior Assistant Attorney General James G. Bogle, Jr., of Columbia, for Office of Disciplinary Counsel. Desa A. Ballard, of West Columbia, for Respondent. This is an attorney disciplinary matter.
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Wednesday, November 1, 2006 | |
09:30 a.m. | |
4284 Russell James and Teresa James, Respondents v. Horace Mann Insurance Company, James D. Geiger, and Ronald Wilson, Defendants, of whom Horace Mann Insurance Company is Appellant. Lawrence B. Orr, of Orr & Ervin, LLC, of Florence, for Appellant. Kevin Mitchell Barth, of Ballenger, Barth & Hoefer, of Florence, for Respondents. Respondents filed a claim under their homeowner’s insurance policy with Appellant. As a result of Appellant’s handling of that claim, Respondents filed this action against Appellant alleging bad faith and negligence. A jury rendered a verdict in favor of Respondents and against Appellant in the amount of $146,600 actual damages and $1,000,000 punitive damages. Appellant appeals several issues related to actual and punitive damages.
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10:00 a.m. | |
4286 Sherry H. Simpson, Respondent v. MSA of Myrtle Beach, Inc. d/b/a Addy's Harbor Dodge, DaimlerChrysler Services NA, LLC, and CrossCheck, Inc., Defendants, of whom MSA of Myrtle Beach, Inc. d/b/a Addy's Harbor Dodge, is the Appellant. Joseph Gregory Studemeyer, of Columbia, for Appellant. Lawrence Sidney Connor, IV, of Kelaher, Connell & Connor, of Surfside Beach, for Respondent. This case arises out of an arbitration clause in a contract between an automobile dealership and the customer for a vehicle trade-in. Appellant automobile dealership appeals the trial court’s denial of its motion to stay litigation pending arbitration of Respondent customer’s claims under the contract.
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10:30 a.m. | |
4287 Ronnie Armstrong and Tillie Armstrong, Petitioners v. Food Lion, Inc., Respondent. Katherine Carruth Link, of West Columbia, and Ross Alan Burton, of Winnsboro, for Petitioners. Paul D. Harrill, of McNair Law Firm, of Columbia, D. Andrew Williams and R. Hawthorne Barrett, both of Turner, Padget, Graham & Laney, of Columbia, for Respondent. This case involves the issue of whether the Court of Appeals erred by finding the trial court properly directed a verdict in Food Lion’s favor on petitioners’ cause of action alleging Food Lion was vicariously liable for the torts committed by its employees.
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Thursday, November 2, 2006 | |
09:30 a.m. | |
4288 Edward D. Sloan, Jr., individually, and on behalf of all others similarly situated, and the South Carolina Public Interest Foundation, Petitioner v. John N. Hardee, Robert W. Harrell, John Moultrie "Moot" Truluck, Respondents. James G. Carpenter, of Carpenter Law Firm, of Greenville, for Petitioners. E. LeRoy Nettles, Sr. and Marian D. Nettles, both of Nettles Turbeville & Reddeck, of Lake City, for Respondent John Truluck. A. Camden Lewis, Ariail E. King and Keith M. Babcock, all of Lewis & Babcock, of Columbia, and Gedney M. Howe, III, of Charleston, for Respondent Robert W. Harrell. S. Jahue Moore, of West Columbia, for Respondent John Hardee. Linda C. McDonald, of Columbia, and Keith D. Munson, of Womble Carlyle Sandridge & Rice, PLLC, of Greenville, for South Carolina Department of Transportation. This case is brought in the original jurisdiction of the Supreme Court. The issue is whether or not a Department of Transportation Commissioner may serve more than one term as a commissioner, without an intervening break, in light of a statute which states, in part, that “No county within a Department of Transportation district shall have a resident commission member for more than one consecutive term . . . “ The parties dispute the meaning of “one consecutive term.”
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10:00 a.m. | |
4291 The State, Respondent v. Celeste Durant, Petitioner. Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Shawn L. Reeves, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. Petitioner was convicted of homicide by child abuse and aiding and abetting homicide by child abuse. The Court of Appeals affirmed petitioner’s convictions and sentences. Petitioner appeals and asks this Court to review the Court of Appeals’ decision.
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10:30 a.m. | |
4277 John Hall Cannon, Petitioner v. South Carolina Department of Probation, Parole and Pardon Services, Respondent. Richard A. Harpootlian and Graham L. Newman, both of Columbia, for Petitioner. Deputy Director for Legal Services Teresa A. Knox, Assistant Chief Legal Counsel J. Benjamin Aplin and Legal Counsel Tommy Evans, Jr., of Columbia, for Respondent. This case involves the issues of whether the Court of Appeals erred by (1) finding petitioner was required to submit a DNA sample for inclusion in the State’s DNA database as a condition of parole and (2) finding the ex post facto clauses of the federal and state constitutions are inapplicable to the DNA Database Act.
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Tuesday, November 14, 2006 | |
09:30 a.m. | |
4280 Dariell Cooper, Respondent v. Permanent General Assurance Corporation, Petitioner. J. R. Murphy and Adam J. Neil, both of Murphy & Grantland, of Columbia, for Petitioner. Nelson Russell Parker, of Land Parker & Welch, of Manning, and Kristi Fisher Curtis, of Sumter, for Respondent.
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09:35 a.m. | |
4285 Robert J. Burgess, Respondent v. Nationwide Mutual Insurance Company, Petitioner. Robert C. Brown and J. Austin Hood, both of Brown & Brehmer, of Columbia, for Petitioner. Nelson Russell Parker, of Land Parker & Welch, of Manning, and Kristi Fisher Curtis, of Sumter, for Respondent.
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09:40 a.m. | |
4290 Nationwide Mutual Insurance Company, Petitioner v. Kimberly Erwood, Respondent. J. R. Murphy and Adam J. Neil, both of Murphy & Grantland, of Columbia, for Petitioner. Thomas Barksdale Cabler, of Spartanburg, and James C. Cothran, Jr., of Spartanburg, for Respondent.
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09:45 a.m. | |
4295 Christopher Davis, Respondent v. Nationwide Mutual Insurance Company, Petitioner. J. R. Murphy and Adam J. Neil, both of Murphy & Grantland, of Columbia, for Petitioner. Randall Lee Chambers, of the Childs Law Firm, of Greenville, for Respondent. The Court granted certiorari to consider decisions by the Court of Appeals that automobile insurance policies purporting to limit underinsured and uninsured benefits under the policy to the coverage on the vehicle involved in the accident, where the vehicle had no such coverage, were void as against public policy to the extent they denied basic coverage.
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10:00 a.m. | |
4292 Charles Christopher Grant, Claimant, Petitioner v. Grant Textiles, Employer and US Fire Insurance Company, Carrier, Respondents. Richard H. Rhodes and Ray E. Thompson, Jr., both of Burts, Turner, Rhodes & Thompson, of Spartanburg, for Petitioner. Stephen L. Brown, Jeffrey J. Wiseman and Robert P. Gruber, all of Young Clement Rivers, of Charleston, for Respondents. This workers’ compensation case involves the issue of whether the Court of Appeals erred by finding the claimant’s accident did not arise out of and in the course of his employment.
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10:30 a.m. | |
4293 Ned B. Majors and Tax Lien Agents, Inc., Appellants v. South Carolina Securities Commission, Respondent. John F. Beach and John J. Pringle, Jr., both of Ellis Lawhorne & Sims, of Columbia, for Appellant Tax Lien Agents, Inc. Ned Majors, of Myrtle Beach, pro se Appellant. Scott E. Hultstrand and Tracy A. Meyers, both of Office of the Attorney General, of Columbia, for Respondent. Tax Lien Agents (TLA) is an Horry County business which purchases tax lien certificates at tax lien sales for its “principals”. The principals pay an “agency fee” of between 12%-25% of the purchase price of the tax lien, and a “performance bonus commission,” upon a sale or transfer of a matured tax lien certificate if it is sold for more than the principal’s cost. The South Carolina Securities Commissioner issued a cease and desist order, requiring TLA to cease selling unregistered securities. The circuit court affirmed the Commissioner’s ruling, finding a) it had jurisdiction over the matter, b) the investment opportunity offered by TLA is a “security,” c) the Securities Comm’n had authority to issue the cease and desist order, and d) TLA was afforded due process. TLA and its sole shareholder, Ned Majors, have filed separate appeals.
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Wednesday, November 15, 2006 | |
09:30 a.m. | |
4294 Jimmy Hill, Respondent v. Eagle Motor Lines, Employer and Alabama Truckers Association C/O Attena, Carrier, Appellants. R. Mark Davis and William Thomas Bacon, IV, both of McAngus Goudelock & Courie, LLC, of Columbia, for Appellants. Steve Wukela, Jr., of Wukela Law Firm, of Florence, for Respondent. This is a worker’s compensation case. Appellant argues (1) the workers’ compensation commission lacked jurisdiction; and (2) the circuit court erred in affirming the commission’s finding the claimant sustained compensable injuries.
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10:00 a.m. | |
4299 Dwight Oxendine, Respondent v. Christine Davis, d/b/a Johnny Davis Construction Company, Employer, and Travelers Property & Casualty Co. of America, Carrier, Appellants. Frank R. Warder, Jr., and Jason Anderson Williams, both of Wood Porter & Warder, of Charleston, for Appellants. James C. Rushton, III, of Hyman Law Firm, of Florence, for Respondent. This is a workers’ compensation case. The sole issue is whether the worker’s compensation commission had jurisdiction over this matter under S.C. Code Ann. § 42-15-10 (1976).
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10:30 a.m. | |
4297 The State, Respondent v. John New, Appellant. Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor C. Kelly Jackson, of Sumter, for Respondent. Appellant challenges his conviction on the ground the trial judge should have charged that the State has the burden of disproving the defense of duress beyond a reasonable doubt.
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Cases to be Submitted Without Oral Argument | |
In the Interest of Mathew M., a minor under the age of seventeen, Appellant. |
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Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, and James H. Babb, of Howle and Babb, of Sumter, for Appellant. Attorney General Henry Dargan McMaster,Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent. |
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Phillip Morris, 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 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 Respondent. |
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Tina Michelle Walker, 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 Molly R. Crum, all of Columbia, for Petitioner. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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In the Matter of Michael E., a minor under the age of seventeen, Appellant. |
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Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, and James H. Babb, of Howle and Babb, of Sumter, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent. |