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November 2009 |
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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 3, 2009 | |
09:30 a.m. | |
4851 City of Newberry, Petitioner, v. Newberry Electric Cooperative, Inc., and Wal-Mart Stores East, L.P., and Wal-Mart Real Estate Business Trust, Respondents. Robert T. Bockman, of McNair Law Firm, of Columbia, for Petitioner. Thomas H. Pope, III, and Kyle B. Parker, both of Pope and Hudgens, of Newberry, for Respondent Newberry Electric Cooperative, Inc. Frank R. Ellerbe, III, and Bonnie D. Shealy, both of Robinson, McFadden & Moore, of Columbia, for Respondent Wal-Mart Stores, et al. James Brailsford, III, of Edisto Island, for Amicus Curiae Municipal Association of South Carolina, et al.
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10:00 a.m. | |
4852 Theresa H. Camp and William James Camp, Respondents, v. James Scott Camp, Petitioner. G. Waring Parker, of Summerville, for Petitioner. William E. Hopkins, Jr., Hopkins & Campbell, of Columbia, for Respondents. The issue in this case is whether the Court of Appeals erred in dismissing petitioner’s direct appeal as untimely.
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10:30 a.m. | |
4853 In the Matter of Samuel F. Crews, Respondent. Disciplinary Counsel Lesley M. Coggiola, of Columbia, for Office of Disciplinary Counsel. Joshua Kendrick, of Columbia, for Respondent. This is an attorney disciplinary matter.
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Wednesday, November 4, 2009 | |
09:30 a.m. | |
4854 The State, Petitioner, v. Reginald Craig Sweat, Respondent. and The State, Petitioner, v. Arthur Bryant, III, Respondent. General Counsel Robert E. Bogan and Assistant General Counsel Rachel D. Erwin, both of South Carolina Department of Public Safety, of Blythewood, for Petitioner. Richard Pearce and Benjamin Moore, both of Aiken, for Respondents. R. Hawthorne Barrett and Danny C. Crowe, both of Turner, Padget, Graham & Laney, of Columbia, for Amicus Curiae Municipal Association of South Carolina. This Court granted the State’s petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Sweat, 379 S.C. 367, 665 S.E.2d 645 (Ct. App. 2008), in which the Court of Appeals interpreted section 56-5-4140 of the South Carolina Code, a statute regulating the maximum gross weight of vehicles driving on South Carolina roads.
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10:00 a.m. | |
4855 Richard Pfeil, Claimant, v. Larry Rowell, Individually, Jeff Barnhart, Individually, d/b/a Rowell and Barnhart Construction, Uninsured Employer(s), and Waddell Homes, Statutory Employer, and Zurich American Insurance Company, and South Carolina Uninsured Employers' Fund, Defendants, of whom Waddell Homes, Inc. and Zurich American Insurance Company are the Appellants, and South Carolina Uninsured Employers' Fund is the Respondent. Bradley Horace Smith, of Rudisill White & Kaplan, of Charlotte, NC, for Appellants. Amy Cofield, of Cofield Law Firm, of Lexington, for Respondent. In this case, the Court determines whether the Circuit Court properly affirmed the Workers’ Compensation Commission’s holding that Appellants could not transfer their statutory liability to the SC Uninsured Employers’ Fund.
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10:30 a.m. | |
4856 The State, Respondent, v. Terry T. Tindall, Petitioner. John Nichols, of Bluestein, Nichols, Thompson & Delgado, of Columbia, for Petitioner. 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 Christina Theos Adams, of Anderson, for Respondent.
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Thursday, November 5, 2009 | |
09:30 a.m. | |
4857 William and Elena Tobias, Respondents, v. Ruby Rice, Petitioner. J. Falkner Wilkes, of Greenville, for Petitioner. Adam Fisher, Jr., of the Fisher Law Firm, of Greenville, for Respondents. The Court granted a writ of certiorari to review Tobias v. Rice, 379 S.C. 357, 665 S.E.2d 216 (Ct. App. 2008), in which the Court of Appeals affirmed the denial of Ruby Rice’s (Petitioner) motion to alter, amend or vacate the judgment against her.
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10:00 a.m. | |
4858 Amos Keith Partain, Petitioner, v. Upstate Automotive Group, Respondent. W. N. Epps, Jr., and W. N. Epps, III, both of Epps, Nelson and Epps, of Anderson, for Petitioner. Hannah Rogers Metcalfe and Troy A. Tessier, both of Wyche Burgess Freeman & Parham, of Greenville, and John C. Moylan, III, of Wyche Burgess Freeman and Parham, of Columbia, for Respondent. This case concerns whether an arbitration clause applies to a tort action premised on an alleged “bait and switch.”
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10:30 a.m. | |
4859 The State, Respondent, v. Julius Bowman, Appellant. Jerry Leo Finney, of The Finney Law Firm, 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 Norman Mark Rapoport, all of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent Julius Bowman appeals from an order denying his motion to vacate his guilty plea to trafficking in cocaine. Bowman challenges the office policy of the Sixteenth Judicial Circuit Solicitor of conditioning the plea offer on his agreement not to review the surveillance tapes made of the drug transaction in order to protect the identity of a Confidential Informant.
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Tuesday, November 17, 2009 | |
09:30 a.m. | |
4860 The State, Respondent/Petitioner, v. John Boyd Frazier, Petitioner/Respondent. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner/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 John Gregory Hembree, of Conway, for Respondent/Petitioner. The Court granted a writ of certiorari to review the Court of Appeals decision in State v. Frazier, 375 S.C. 575, 654 S.E.2d 280 (Ct. App. 2007) to review whether the Court of Appeals erred in reversing Petitioner’s armed robbery conviction and affirming Petitioner’s murder conviction.
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10:00 a.m. | |
4861 The Bank of New York, as Trustee for the Holders of EQCC Asset Backed Certificates, Series 2001-1F, Respondent/Appellant, v. Sumter County, South Carolina; Linwood S. Evans; South Carolina Judicial Department; and Shirley D. Holloman, Defendants, Of Whom Sumter County, South Carolina is Appellant/Respondent, and South Carolina Judicial Department is Respondent. Branch Banking and Trust Company, Respondent/Appellant, v. Sumter County, South Carolina; Linwood S. Evans; South Carolina Judicial Department; and Shirley D. Holloman, Defendants, Of Whom Sumter County, South Carolina is Appellant/Respondent, and South Carolina Judicial Department is Respondent. Branch Banking and Trust Company, Respondent/Appellant, v. Sumter County, South Carolina; Linwood S. Evans; South Carolina Judicial Department; and Shirley D. Holloman, Defendants, Of Whom Sumter County, South Carolina is Appellant/Respondent, and South Carolina Judicial Department is Respondent. Deutsche Bank National Trust Company, as Trustee under the Pooling and Servicing Agreement dated as of March 1, 2003, Morgan Stanley Dean Witter Capital 1, Inc., Trust 2003-NC3, Respondent/Appellant, v. Sumter County, South Carolina; Linwood S. Evans; South Carolina Judicial Department; and Shirley D. Holloman, Defendants, Of Whom Sumter County, South Carolina is Appellant/Respondent,and South Carolina Judicial Department is Respondent. GMAC Mortgage, LLC, Respondent/Appellant, v. Sumter County, South Carolina; Linwood S. Evans; South Carolina Judicial Department; and Shirley D. Holloman, Defendants, Of Whom Sumter County, South Carolina is Appellant/Respondent,and South Carolina Judicial Department is Respondent. William H. Davidson, II, and Andrew F. Lindemann, both of Davidson & Lindemann, of Columbia, for Appellant/Respondent. Robert P. Wood, of Rogers Townsend & Thomas, of Columbia, for Respondents/Appellants Bank of New York, Branch Banking & Trust Company and Deutsche Bank National Trust Company. T. Parkin Hunter and Jonathan B. Williams, both of Office of the Attorney General, of Columbia, for Respondent. Gerald M. Finkel, Sean A. O'Connor and Brendan P. Langendorfer, all of Finkel & Altman, of Charleston, for Respondent/Appellant GMAC. General Counsel Robert E. Lyon, Jr., and Staff Attorney M. Clifton Scott, Sr., both of South Carolina Association of Counties, of Columbia, for Amicus Curiae South Carolina Association of Counties. These are appeals from an order granting the South Carolina Judicial Department summary judgment in five consolidated tort suits brought by lending institutions that lost foreclosure proceeds as the result of embezzlement by an employee of a master-in-equity’s office.
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Wednesday, November 18, 2009 | |
09:30 a.m. | |
4863 The State, Respondent, v. Steven V. Bixby, Appellant. Ernest Charles Grose, Jr., of Greenwood, Acting Chief Appellate Defender Robert M. Dudek and Appellate Defender LaNelle C. DuRant, both 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 Melody J. Brown, all of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent. This is an appeal from a capital trial.
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10:00 a.m. | |
4864 RV Resort and Yacht Club Owners Association, Inc., Jean Littell, Kathy Fudge, Dwight Blakeslee, Herb Hook, Stan Bronson, Peg Bender, and Claudette Delpesco, on behalf of all members of the Association similarly situated Individually, Respondents, v. BillyBob's Marina, Inc., d/b/a Outdoor RV Resort and Yacht Club, Petitioner. James Richardson, Jr., of Columbia, for Petitioner. John R. C. Bowen, of Laughlin & Bowen, of Hilton Head Island, and Stephen Spitz, of Charleston, for Respondents. We granted the petition of BillyBob’s Marina for a writ of certiorari to review the decision of the Court of Appeals in RV Resort and Yacht Club Owners Association v. BillyBob’s Marina, Inc., Op. No. 2007-UP-556 (S.C. Ct. App. filed Dec. 14, 2007). In this matter, the Court of Appeals held the special referee did not err in finding BillyBob’s Marina had breached certain covenants by failing to collect and/or remit to the Association three fees imposed for roads, electricity, and telephone access.
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10:30 a.m. | |
4865 The State, Respondent, v. Christine Grove, Petitioner. 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, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. The Court granted a writ of certiorari to review the Court of Appeals decision in State v. Grove, Op. No 2009-UP-278 (Ct. App. filed May 27, 2008). Petitioner argues the Court of Appeals erred in affirming the trial court’s denial of her directed verdict motion on a possession with intent to distribute charge.
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Cases to be Submitted Without Oral Argument | |
Jermaine Jordan, Petitioner, v. State of South Carolina, Respondent. |
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Bobby Frederick, of Frederick Defense Firm, of Myrtle Beach, 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 Christina J. Catoe, all of Columbia, for Respondent. |
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Gina L. Dervin, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Kathrine H. Hudgins, 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 Brian T. Petrano, all of Columbia, for Respondent. |