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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, November 1, 2011
 09:30 a.m.
5163   Alan Wilson, in his capacity as Attorney General of the State of South Carolina, Daryl J. Brown, on behalf of his minor children, Lindsey B. and Janise B., Deanna J. Brown Thomas, on behalf of her minor children, Jason L., Yamma N. Brown, on behalf of her minor children, Sydney L., Carrington L., and Tonya B., Vanisha Brown, Larry Brown, Tommie Rae Hynie Brown, James B., through his Guardian ad Litem, Respondents, v. Albert H. Dallas, Alfred A. Bradley, and David G. Cannon, Individually and as (purported) Trustees of the James Brown 2000 Irrevocable Trust, Adele J. Pope and Robert L. Buchanan, Jr., Personal Representatives of the Estate of James Brown and Trustees of the James Brown 2000 Irrevocable Trust, Terry Brown, Romunzo Brown, Forlando Brown, Cinnamon N. M. Paris, LaRhonda Petitt, Jeanette Mitchell and Russell L. Bauknight, as Special Administrator and Special Trustee for The Estate of James Brown and The James Brown 2000 Irrevocable Trust, of whom Robert L. Buchanan, Jr. and Adele J. Pope, as Personal Representatives of the Estate of James Brown and Trustees of the James Brown 2000 Irrevocable Trust are, Appellants, and Albert H. Dallas, Alfred A. Bradley, and David G. Cannon, Individually and as (purported) Trustees of the James Brown 2000 Irrevocable Trust, Terry Brown, Romunzo Brown, Forlando Brown, Cinnamon N. M. Paris, LaRhonda Petitt, Jeanette Mitchell and Russell L. Bauknight, as Special Administrator and Special Trustee for the Estate of James Brown and the James Brown 2000 Irrevocable Trust are, Respondents. In re: The Estate of James Brown and The James Brown 2000 Irrevocable Trust u/a/d August 1, 2000.

James B. Richardson, Jr. and Tressa T.H. Hayes, both of Columbia, for Appellants. Attorney General Alan Wilson, Senior Assistant Attorney General C. Havird Jones, Assistant Deputy Attorney General Robert D. Cook, Assistant Attorney General J. C. Nicholson, III and Assistant Attorney General Mary Frances Jowers, of Office of the Attorney General, of Columbia, William W. Wilkins, J. David Black and Fred L. Kingsmore, Jr., of Nexsen Pruet, LLC, of Greenville, Louis D. Levenson, of Levenson & Associates, of Atlanta, Georgia, Robert N. Rosen, T. Heyward Carter, Jr., S. Alan Medlin and David L. Michel, of Rosen Law Firm, of Charleston, Matt Bodman, of Columbia, for Respondents. Albert P. Shahid, Jr., of Charleston, for Guardian ad Litem.

Robert L. Buchanan, Jr. and Adele J. Pope ("Appellants"), formerly personal representatives for The Estate of James Brown and trustees of The James Brown 2000 Irrevocable Trust, appeal from circuit court orders that (1) approved a settlement agreement pursuant to S.C. Code Ann. § 62 3 1102 (2009) of pending litigation concerning Brown's Estate; and (2) removed Appellants from their fiduciary capacities and appointed Russell L. Bauknight, a professional fiduciary, as personal representative for Brown's Estate and as trustee for the 2000 Irrevocable Trust.

 10:00 a.m.
5164   Heather Herron, Natalie Armstrong, Michael Ritz, Julie Freeman, Christine Watts, Alison Dannert, Michael Blease, Michael Watts, Individually and for the Benefit of All Car Buyers Whom Paid "Administrative Fees" as Described below to Defendants, Respondents, v. Century BMW, a/k/a Sonic Automotive, Dick Dyer & Associates, Inc., Galeana Chrysler Plymouth, Inc., a/k/a Galeana Chrysler Jeep, Inc., J.L.H. Investments LP, a/k/a Hendrick Honda, Overland, Inc., d/b/a Land Rover of Columbia, Taylor Toyota, a/k/a Taylor Investments and Toyota of Greenville, Inc., Defendants, of whom Century BMW, a/k/a Sonic Automotive, is the Appellant.

Steven W. Hamm and C. Jo Anne Wessinger Hill, of Richardson Plowden and Robinson, P. A., of Columbia and Dennis M. Black and Ryan L. VanGrack, of Williams & Connolly LLP, of Washington, D. C., for Appellants. Michael E. Spears and E. Grey Wicker, of Spartanburg, Gedney M. Howe, III, of Charleston, Richard A. Harpootlian, of Columbia, and A. Camden Lewis and Ariail E. King, of Lewis & Babcock, L.L.P., of Columbia, for Respondents.

This case is on remand from the United States Supreme Court to reconsider the opinion in Herron v. Century BMW, 387 S.C. 525, 693 S.E.2d 394 (2010).

 10:30 a.m.
5165   Jose Lozada, Appellant, v. South Carolina Law Enforcement Division, Respondent.

Shawn M. Campbell and Kenneth P. Shabel, of Campbell & Shabel, of Spartanburg, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh and Senior Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, for Respondent.

Jose Lozada appeals the circuit court's order denying his petition for declaratory judgment and requiring him to remain on the South Carolina Sex Offender Registry.

Wednesday, November 2, 2011
 09:30 a.m.
5166   The State, Petitioner, v. Charles Q. Jackson, Respondent.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, and Solicitor J. Strom Thurmond, Jr., of Aiken, for Petitioner. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Petitioner, The State, appeals a decision by the Court of Appeals reversing Charles Q. Jackson's (Jackson) conviction after the trial judge refused to charge the jury on self-defense. Petitioner argues that the ground which the Court of Appeals relied on to reverse is not properly preserved for appellate review, and in the alternative, Jackson is not entitled to a charge on self-defense, because the required elements for self-defense have not been met.

 10:00 a.m.
5168   ORAL ARGUMENT CANCELLED - Columbia Achievement Center Charter High School, Inc., Respondent, v. Richland County School District One Board of Commissioners, Appellant.

Charles J. Boykin, Peter E. Keup and Shawn D. Eubanks, of Boykin & Davis, L.L.C., of Columbia, for Appellant. David Pagliarini, of Hinchey, Murray & Pagliarini, of Charleston, for Respondent.

 10:30 a.m.
5169   The State, Petitioner, v. Syllester D. Taylor, Respondent.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christina J. Catoe, of Office of the Attorney General, of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Petitioner. Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

The Court considers whether an investigatory stop and frisk was proper under the Fourth Amendment.

Thursday, November 3, 2011
 09:30 a.m.
5167   Union County Sheriff's Office, Respondent, v. Jesse Henderson and Robert Baldwin, Defendants. In Re: Willard Farr, Owner and Seven Video Machines, Appellants.

C. Rauch Wise, of Greenwood, for Appellants. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General T. Stephen Lynch and Assistant Attorney General Mary Frances Jowers, of Office of the Attorney General, of Columbia, for Respondent.

This is an appeal from a circuit court order affirming the magistrate's order finding seven video game machines unlawful.

 10:00 a.m.
5170   Historic Charleston Foundation and Preservation Society of Charleston, Respondents, v. The City of Charleston, The City of Charleston City Council and Library Associates, LLC, Appellants.

Frances I. Cantwell, of Regan & Cantwell, of Charleston, and Timothy A. Domin, of Clawson & Staubes, LLC, of Charleston, for Appellants. Edward K. Pritchard, III, and Samia H. Nettles, of Pritchard & Elliott Law Firm, of Charleston and G. Trenholm Walker, Lindsay K. Smith-Yancey, Daniel S. McQueeney, Jr. and Katie F. Monoc, of Pratt-Thomas & Walker, PA, of Charleston, for Respondents.

Appellants, City of Charleston, City of Charleston City Council, and Library Associates, LLC appeal the master-in-equity’s finding that the rezoning of property owned by Library Associates in downtown Charleston constituted illegal spot zoning.

 10:30 a.m.
5175   Historic Charleston Foundation and Preservation Society of Charleston, Appellants, v. The City of Charleston, The City of Charleston Board of Zoning Appeals-Zoning, and Library Associates, LLC, Respondents.

G. Trenholm Walker, Lindsay K. Smith-Yancey, Daniel S. McQueeney, Jr. and Katie F. Monoc, of Pratt-Thomas & Walker, PA, of Charleston, and Edward K. Pritchard, III, and Samia H. Nettles, of Pritchard & Elliott Law Firm, of Charleston, for Appellants. Timothy A. Domin, of Clawson & Staubes, LLC, of Charleston, and Frances I. Cantwell, of Regan & Cantwell, of Charleston, for Respondents.

Appellants, Historic Charleston Foundation and Preservation Society of Charleston appeal the order of the master-in-equity affirming the grant of a height variance for property located in downtown Charleston.

Tuesday, November 15, 2011
 09:30 a.m.
5171   In the Matter of the Care and Treatment of Jeremy Lane Edwards, Respondent, v. State Law Enforcement Division, Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General David Spencer and Assistant Attorney General Geoffrey K. Chambers, of Office of the Attorney General, of Columbia, for Appellant. Walker H. Willcox and Mark W. Buyck, of Willcox, Buyck & Williams, PA, of Florence, for Respondent.

South Carolina Law Enforcement Division, Petitioner, appeals the decision of the circuit court relieving Jeremy Lane Edwards, Respondent, of the requirement to register with the state’s sex offender registry because Respondent received a pardon. Petitioner argues that subsequent statutory amendments requiring registration by pardoned sex offenders apply retroactively to Respondent’s case.

 10:00 a.m.
5172   Nationwide Mutual Insurance Company, Petitioner, v. Kelly Rhoden, Ashley Arrieta and Emerlynn Dickey, Respondents.

J. R. Murphy and Ashley B. Stratton, of Murphy & Grantland, of Columbia, for Petitioner. Dennis J. Rhoad and Salley H. Rhoad, of Rhoad & Rhoad, of Moncks Corner, for Respondents.

The Court granted certiorari to consider a decision by the Court of Appeals determining that Respondents are entitled to underinsured motorist coverage under an at-home vehicle policy.

 10:30 a.m.
5173   Marilee B. Fairchild and Larry J. Fairchild, Plaintiffs, of whom Marilee B. Fairchild, is Respondent, v. South Carolina Department of Transportation, William Leslie Palmer and Palmer Construction Co., Inc., Defendants, of whom William Leslie Palmer and Palmer Construction Co., Inc., are, Petitioners.

Kirby D. Shealy, III, and Bradley L. Lanford, of Baker, Ravenel & Bender, L.L.P., of Columbia, for Petitioners. George D. Jebaily and Suzanne H. Jebaily, of Jebaily Law Firm, of Florence, and Bert G. Utsey, III, of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Walterboro, for Respondent.

This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in Fairchild v. South Carolina Department of Transportation, 385 S.C. 344, 683 S.E.2d 818 (Ct. App. 2009), in which the Court of Appeals affirmed in part, reversed in part, and remanded for a new trial a negligence action arising from a vehicular accident. Petitioners contend the Court of Appeals erred in determining (1) the issue of punitive damages should have been submitted to the jury, (2) the trial court should have charged the jury on the intervening negligence of a treating physician, and (3) the trial court did not abuse its discretion in denying a motion for an independent medical examination by Dr. James Ballenger.

Wednesday, November 16, 2011
 09:30 a.m.
5174   Phillip D. Grimsley, Sr., and Roger M. Jowers, on behalf of themselves and others similarly situated, Appellants, v. South Carolina Law Enforcement Division and the State of South Carolina, Defendants, of whom the State of South Carolina is the, Respondent.

A. Camden Lewis and W. Jonathan Harling, of Lewis & Babcock, LLP, of Columbia, Richard A. Harpootlian, of Columbia, and John A. O'Leary and James Walter Fayssoux, Jr., of O'Leary Associates, of Columbia, for Appellants. Attorney General Alan Wilson and Assistant Deputy Attorney General J. Emory Smith, Jr., of Office of the Attorney General, of Columbia, for Respondent.

The Court considers Appellants' appeal of the trial court's order granting the State's motion to dismiss for failure to exhaust administrative remedies.

 10:00 a.m.
5176   Creola Young, Appellant, v. Charleston County School District, Respondent.

W. Allen Nickles, III, of Columbia and Deena Smith McRackan, of Charleston, for Appellant. Alice F. Paylor, of Charleston, for Respondent.

In this case, Appellant appeals the decision of the circuit court affirming the school board’s decision not to renew her employment contract on the grounds that the school board violated her procedural due process rights and because the school district failed to issue a decision within ten days of a hearing in contravention of section 59-25-470 of the South Carolina Code.

 10:30 a.m.
5177   The State, Respondent, v. Reginald R. Latimore, Petitioner.

Appellate Defender LaNelle Cantey DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor W. Walter Wilkins, III, of Greenville, for Respondent.

The Court granted certiorari to consider the Court of Appeals decision in State v. Latimore,390 S.C. 88, 700 S.E.2d 456 (Ct. app. 2010).

 

Cases to be Submitted Without Oral Argument

Demetrius Jones, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, for Respondent.

Curtis Patterson, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mary S. Williams, of Office of the Attorney General, of Columbia, for Respondent.

William Barry Chisholm, Respondent, v. Susan Elaine Chisholm, Petitioner.

Kenneth C. Porter, of Porter & Rosenfeld, of Greenville, for Petitioner. William Barry Chisholm, of Greenville, pro se Respondent.