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Supreme Court Seal
South Carolina
Judicial Branch
Supreme Court - Roster of Cases for Hearing

   
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 30, 2007
 09:30 a.m.
4450   The State, Respondent, v. Ronald Donald Dingle, Appellant.

Tara Shurling, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

In this criminal matter, Dingle appeals the circuit court’s decision to resentence him instead of holding a new trial after his sentences were vacated and the matter was remanded by the post-conviction relief court.

 10:00 a.m.
4451   Robert K. and Sharon G. Kurschner, Appellants, v. City of Camden Planning Commission, Respondent.

Holly Palmer Beeson, of Baker, Ravenel & Bender, of Columbia, and William S. Tetterton, of Camden, for Appellants. Weston Adams, III, Jillian M. Benson and Walter Ralph Frye, III, all of McAngus Goudelock & Courie, of Columbia, and Charles V.B. Cushman, III, of Camden, for Respondent. Robert J. Sheheen, of Savage, Royall & Sheheen, of Camden, for Amicus Curiae Adjoining Landowners and the Trustees of the Legacy of Mary Boykin Chestnut.

 10:30 a.m.
4452   Mario B. Curiel, Employee, Respondent, v. Environmental Management Services (EMS), Employer, and Reliance National Insurance Company, S.C. Property & Casualty Insurance Guaranty Fund, Carrier, Appellants.

J. Hubert Wood, III, and Jason A. Williams, both of Wood, Porter & Warder, of Charleston, for Appellants Environmental Management Services and Reliance National Insurance. Darryl D. Smalls, of Nelson Mullins Riley & Scarborough, of Columbia, for Appellant South Carolina Property & Casualty Insurance Guaranty Association. J. Kevin Holmes, of The Steinberg Law Firm, of Charleston, for Respondent.

This workers compensation appeal challenges factual findings and the claimant's right to benefits as an illegal alien worker.

Wednesday, October 31, 2007
 10:00 a.m.
4454   J. Samuel Coakley, individually and as Trustee of a Special Needs Trust for Christian Coakley, Respondent, v. Horace Mann Insurance Co., Scott Andrew Mitchell, Christopher N. Mitchell and Claudia Dee Dee Mitchell, Petitioners.

Phillip E. Reeves and Jennifer D. Eubanks, both of Gallivan, White & Boyd, of Greenville, for Petitioners. Benjamin C. Harrison and Max T. Hyde, Jr., and Jeremy A. Dantin, all of Harrison, White, Smith & Coggins, of Spartanburg, for Respondent.

The Court granted certiorari to review the decision of the Court of Appeals in Coakley v. Horace Mann, 363 S.C. 147, 609 S.E.2d 537 (Ct. App. 2005). The case involves the applicability of excess liability coverage.

Thursday, November 1, 2007
 09:30 a.m.
4456   Sloan Construction Company, Inc., Petitioner, v. Southco Grassing, Inc., Wanda Surrett, South Carolina Department of Transportation, and Greer State Bank, Defendants, of whom South Carolina Department of Transportation is Respondent.

T. S. Stern, Jr., of Covington Patrick Hagins Stern & Lewis, of Greenville, for Petitioner. Beacham O. Brooker, Jr., of Columbia, for Respondent. L. Franklin Elmore, of Elmore & Wall, of Greenville, for Amicus Curiae The Carolinas Associated General Contractors. Charles H. McDonald and Daniel T. Brailsford, both of Robinson, McFadden & Moore, of Columbia, for Amicus Curiae American Subcontractors Association of the Carolinas.

The Court granted certiorari to review the court of appeals’ decision holding that no private right of action exists for a subcontractor to bring a claim against SCDOT for failure to require the general contractor for a highway maintenance project to secure a payment bond in accordance with S.C. Code Ann. § 29-6-250.

 10:00 a.m.
4461   Turner Construction Co., Inc., Appellant, v. The City of Spartanburg, William Barnet, III, in his capacity as Mayor of the City of Spartanburg, Robert Reeder, Robert "Bob" Allen, Lewis Mills, and Linda Dogan, each in their capacity as Members of the Spartanburg City Council, Renaissance Park Hotel, LLC, Bridgeview Capital Solutions, LLC, Marriott Hotel Services, Inc., Calvary Consulting, Inc., Walden Leasing, Inc. d/b/a Walden Construction Services, Corrosion Consultants, Inc. d/b/a CCI Flooring Systems, The Circle Group, LLC, Hodge Contract Carpets, Inc. d/b/a Hodge Carpets, Milliken & Company, Video Systems of Carolina, Carolina Applicators, Inc., Defendants, of whom City of Spartanburg is Respondent.

Thomas H. Coker, Jr., and Joel M. Bondurant, Jr., both of Haynsworth Sinkler Boyd, of Greenville, and John Dean Marshall, Jr., of Sutherland Asbill & Brennan, of Atlanta, GA, for Appellant. Frank H. Gibbes, III, and Stephanie H. Burton, both of Gibbes Burton, LLC, of Spartanburg, and H. Spencer King, of Spartanburg, for Respondent. L. Franklin Elmore, of Elmore & Wall, of Greenville, for Amicus Curiae The Carolinas Associated General Contractors. Charles H. McDonald, and Daniel T. Brailsford, of Robinson, McFadden & Moore, of Columbia, for Amicus Curiae American Subcontractors Association of the Carolinas.

The Court granted certiorari to review the trial court’s dismissal of a contractor’s cause of action against the City of Spartanburg for failure to require a developer working on a city project to obtain a payment bond. The trial court based its dismissal of the claim on the court of appeals’ decision in Sloan Construction Co., Inc. v. Southco Grassing Inc.

 10:30 a.m.
4227   Buddy Newsome, Petitioner, v. State of South Carolina, Respondent.

Chief Appellate Defender Joseph L. Savitz, III, 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 Karen C. Ratigan, all of Columbia, for Respondent

The petition for rehearing was granted in this case. The issues involve whether consecutive sentencing has any impact on petitioner’s parole eligibility and whether the offense of common law escape still exists.

Wednesday, November 14, 2007
 09:30 a.m.
4457   Myriam Therese Marquez, Appellant/Respondent, v. David L. Caudill, John Doe, David Storm, and the South Carolina Department of Social Services, Defendants, of whom David L. Caudill is the Respondent/Appellant and John Doe and David Storm are Respondents.

Anita Ruth Floyd, of Conway, for Appellant/Respondent. Randall K. Mullins, of Mullins Law Firm, of North Myrtle Beach, for Respondent/Appellant. David Storm, of Arlington, TX, pro se Respondent. Charles Richard Rhodes, Jr., of Dantzler & Rhodes, of Conway, Guardian ad Litem. Melissa Meyers Frazier, of Wylie & Frazier, of North Myrtle Beach, Guardian ad Litem.

This is a family court case involving issues of custody, grandparent visitation, attorney fees, and guardian ad litem fees.

 10:00 a.m.
4458   Matthew A. Giannini, Sr., Personal Representative for the Estate of Deborah Jane Giannini, deceased; Tracy Golden; and Roderic R. Bradley, Respondents/Appellants v. South Carolina Department of Transportation, Appellant/Respondent.

Andrew F. Lindemann, of Davidson Morrison & Lindemann, of Columbia, Frank B. McMaster and John Gregg McMaster, both of Tompkins & McMaster, of Columbia, all for Appellant/Respondent. Charles L. Henshaw, Jr., of Furr, Henshaw & Ohanesian, of Columbia, and Robert C. Ashley, of Ormand, Ashley & Gibbons, of Columbia, for Respondent/Appellant Matthew A. Giannini. Jeffrey Scott Holcombe, of Columbia, for Respondent/Appellant Tracy Golden. Sherod H. Eadon, Jr., of Lee, Eadon, Isgett & Popwell, of Columbia, for Respondent/Appellant Roderic Bradley.

These are consolidated tort claims cases arising out of a motor vehicle accident on I-77 near Percival Road in Richland County. The three Respondent/Appellants filed suit against SCDOT for negligent construction due to the lack of median barriers at the location of the accident. The jury returned verdicts in the plaintiff’s favor of $1.5 million (victim deceased), $745,000, and $645,000. The trial court denied SCDOT’s motions for JNOV and a new trial, but did reduce the verdicts of each plaintiff to $200,000, in accordance with the statutory tort claims caps. Both sides appeal.

 10:30 a.m.
4459   The State, Petitioner, v. Rorey Jamar Johnson, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Petitioner. Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

This is an appeal of an order granting a new trial based upon a witness’ comment about a polygraph test.

 11:00 a.m.
4462   The State, Respondent, v. Bobby Wayne Stone, Appellant.

Chief Appellate Defender Joseph L. Savitz, III, 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 Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

In this appeal from a capital sentencing proceeding, Appellant alleges that the testimony of the victim’s widow introduced an arbitrary factor into the jury’s deliberation, and that his death sentence should therefore be reversed.

Thursday, November 15, 2007
 09:30 a.m.
4460   Donna Moore, Respondent, v. Lance Moore, Jr., Appellant.

Gregory Samuel Forman, of Charleston, and Norbert E. Cummings, Jr., of Cummings Law Firm, of Summerville, for Appellant. Anthony P. LaMantia, III, and Allison J. LaMantia, both of LaMantia Law Firm, of Charleston, and Mary Kathryn Schmutz, of Schmutz & Schmutz, of Charleston, for Respondent.

In this appeal from an order of protection in a domestic abuse action, Husband challenges the order on due process and equal protection grounds.

 10:00 a.m.
4463   John and Jane Doe, Appellants, v. Baby Girl, a minor under the age of fourteen years, and Birthfather, Respondents. Birthmother, Respondent, v. John and Jane Doe, and Baby Girl, a minor under the age of fourteen years, Defendants, of whom John and Jane Doe are the Appellants.

Raymond William Godwin, of Greenville, for Appellants. Robert L. Jackson, of Jackson & Jackson, of Columbia, for Respondent Birthmother. Ralph Lowery, Jr., of Rockfort, IL, pro se. F. Earl Ellis, Jr., of Ellis Lawhorne & Sims of Columbia, for Guardian ad Litem.

This is an adoption case involving issues of jurisdiction under the Uniform Child Custody Jurisdiction Act.

 

Cases to be Submitted Without Oral Argument

James L. Heyward, Respondent/Petitioner, v. State of South Carolina, Petitioner/Respondent

Attorney General Henry Dargan McMaster, Deputy Chief Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Petitioner/Respondent. Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent/Petitioner.

Terrence Mitchell, Petitioner v. State of South Carolina, Respondent.

Deputy Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Ashley A. McMahan, all of Columbia, for Respondent.

Robert M. Watkins, Petitioner, v. State of South Carolina, Respondent.

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 Karen Ratigan, all of Columbia, for Respondent.

Frank Quezada, Respondent, v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Lance S. Boozer, all of Columbia, for Petitioner. Assistant Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Michael J. Davis, Respondent, v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Julie Thames, all of Columbia, for Petitioner. John A. O'Leary, of O'Leary and Associates, of Columbia, for Respondent.