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November 2013 |
NEXT
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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 5, 2013 | |
Supreme Court Courtroom
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11:00 a.m. | (Time Limits: 10-10-5) |
2011-201206 The State, Petitioner,
v.
Phillip Wesley Sawyer, Respondent. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, and Solicitor Barry Joe Barnette, of Spartanburg, for Petitioner. Appellate Defender LaNelle Cantey DuRant, of Columbia, for Respondent. The Court granted certiorari to review an unpublished opinion of the Court of Appeals affirming a circuit court order suppressing certain evidence. |
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11:30 a.m. | (Time Limits: 10-10-5) |
2011-203269 Gloria Pittman, Respondent,
v.
Jetter Pittman and Pittman Professional Land Surveying, Inc., Defendants,
of whom Jetter Pittman is, Petitioner. Thomas Franklin McDow, IV and Erin K Urquhart, both of Law Office of Thomas F. McDow, of Rock Hill, for Petitioner. Daniel Dominic D'Agostino, of D'Agostino Law Firm, of York, for Respondent. In this appeal, the Court reviews the court of appeals' decision in Pittman v. Pittman, 395 S.C. 209, 717 S.E.2d 88 (Ct. App. 2011), affirming the family court's findings that husband's business was transmuted into marital property and that husband was not entitled to credit for the premarital value of the business in equitably apportioning assets. |
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Wednesday, November 6, 2013 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2011-204008 The State, Respondent,
v.
Davontay Henson, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Brendan Jackson McDonald, of Columbia and Solicitor Kevin Scott Brackett, of York, for Respondent. Appellant challenges his convictions on the grounds the circuit court erred in admitting a redacted statement made by a co-defendant in violation of his Confrontation Clause rights and excusing a juror and seating a substitute without first conducting an individual voir dire of the excused juror. |
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10:00 a.m. | (Time Limits: 15-15-5) |
2012-205647 James J. Kerr, Crayton Walters, and J.T. Main, LLC, Appellants,
v.
Branch Banking and Trust Company, Successor in merger to Branch Banking and Trust Company of SC, a/k/a BB&T, and James Edahl, Respondents.
And
Ron Konersmann, Appellant,
v.
Branch Banking and Trust Company, Successor in merger to Branch Banking and Trust Company of SC, a/k/a BB&T, and James Edahl, Respondents.
And
John Voytko, Appellant,
v.
Branch Banking and Trust Company, Successor in merger to Branch Banking and Trust Company of SC, a/k/a BB&T, and James Edahl, Respondents.
And
Patricia Konersmann, Appellant,
v.
Branch Banking and Trust Company, Successor in merger to Branch Banking and Trust Company of SC, a/k/a BB&T, and James Edahl, Respondents. M. Dawes Cooke, Jr. and John W. Fletcher, both of Barnwell Whaley Patterson & Helms, John P. Linton and Brian C. Duffy, both of Duffy & Young, LLC, and Andrew K. Epting, Jr., all of Charleston, for Appellants. Molly Hughes Cherry, of Nexsen Pruet, LLC, of Charleston, Julio E. Mendoza, Jr. and Tanya A. Gee, both of Nexsen Pruet, LLC, of Columbia, for Respondents. This case involves interpreting the statute of frauds in the Lender Liability Statute, S.C. Code Ann. § 37-10-107. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2013-001519 State of South Carolina, Petitioner,
v.
Michael Morris Long, Respondent. Attorney General Alan McCrory Wilson, Solicitor General Robert D. Cook and Deputy Solicitor General J. Emory Smith, Jr., all of Columbia, for Petitioner. S. Jahue Moore, Jr., of Moore Taylor & Thomas, PA, of West Columbia, for Respondents. This case concerns that Attorney General's authority to prosecute cases in magistrates' and municipal courts. |
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Thursday, November 7, 2013 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2012-212697 Board of Trustees for the Fairfield County School District, Appellants,
v.
State of South Carolina, Chester County School District, Fairfield County Treasurer and State Department of Education, Respondents. Armand G. Derfner of Derfner Altman & Wilborn, LLC ,of Charleston, Alice F. Paylor and Rene Stuhr Dukes, both of Rosen Rosen & Hagood, LLC, of Charleston, for Appellant. Attorney General Alan Wilson and Assistant Deputy Attorney General J. Emory Smith, Jr., of Columbia, John Marshall Reagle and Allison Aiken Hanna, and Kimberly Kelley Blackburn, all of Childs & Halligan, PA, of Columbia, and Shelly Bezanson Kelly and Wendy Bergfeldt Cartledge, both of Columbia, for Respondents. In this direct appeal, the Board of Trustees for the Fairfield County School District (Appellant) appeals the circuit court's order granting summary judgment in favor of the State of South Carolina, Chester County School District, Fairfield County Treasurer, and the State Department of Education (Respondents). Appellant contends the circuit court erred in holding that Act No. 294 of 2010, which is now codified at S.C. Code Ann. § 59-63-485 and provides for the transfer of qualifying students from the Fairfield County School District to the Chester County School District, does not constitute special legislation in violation of Article III, § 34 of the South Carolina Constitution. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-206887 Les Springob, Paul Trussell, Barton Dumas, Stanley Harpe and John Yenco, Plaintiffs,
Of whom Paul Trussell, Barton Dumas, and John Yenco are the, Appellants,
v.
The University of South Carolina and The University of South Carolina Gamecock Club, Respondents. Joseph M. McCulloch, Jr. and Kathy Ridenoure Schillaci, of Law Offices of Joseph M. McCulloch, Jr., of Columbia, for Appellants. William H. Davidson, II and Andrew F. Lindemann, of Davidson & Lindemann, PA of Columbia, for Respondents. In this direct appeal, Appellants challenge the trial court's grant of summary judgment for Respondents on the basis that the statute of frauds barred Appellants' claim that Respondents breached a contract for the sale of tickets for certain sporting events. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2012-212567 George M. Lee, III and Elizabeth Sims, Plaintiffs,
Of whom George M. Lee, III is the Appellant,
v.
The University of South Carolina and The University of South Carolina Gamecock Club, Respondents. Mark Weston Hardee, of The Hardee Law Firm, of Columbia, for Appellant. William H. Davidson, II, Andrew F. Lindemann and Joel Steve Hughes, all of Davidson & Lindemann, PA, of Columbia, for Respondents. In this direct appeal, Appellant challenges the trial court's entry of judgment on behalf of Respondents on Appellant's declaratory judgment action, which claimed that Appellant was entitled to tickets to certain sporting events without further remuneration based on a Memorandum of Agreement entered into by the parties in 1990. |
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Tuesday, November 19, 2013 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 20-20-10) |
2011-197486 Carnival Corporation d/b/a Carnival Cruise Lines; South Carolina State Ports Authority; and City of Charleston, Petitioners, Defendants,
v.
Historic Ansonborough Neighborhood Association, Charlestowne Neighborhood Association, the Coastal Conservation League, and Preservation Society of Charleston, Respondents, Plaintiffs. Marvin D. Infinger, of Nexsen Pruet, LLC, of Charleston, Philip L. Lawrence, of South Carolina States Ports Authority, of Charleston, Charlton deSaussure, Jr., Susan J. Herdina and Frances I. Cantwell, all of Charleston, and Gordon D. Schreck and David M. Collins, both of Womble, Carlyle, Sandridge & Rice, PLLC, of Charleston, for Petitioners/Defendants. J. Blanding Holman, IV, of Southern Environmental Law Center, of Charleston, Timothy C. Dargan, of Brown & Varnado, LLC, of Mt. Pleasant and John A. Massalon, of Wills Massalon & Allen, LLC, of Charleston, for Respondents/Plaintiffs. John C. Moylan, III, of Wyche, P. A., of Columbia, and William J. Cook, of Washington, D. C., for Amicus Curiae, Nationa Trust for Historic Preservation. This case in the Court's original jurisdiction concerns the Charleston cruise ship terminal. The case is now before the Court for argument on the defendants' motions to dismiss. Specifically, the issues are whether municipal zoning ordinances apply to ocean-going vessels and if so, are the ordinances preempted by federal or state law and whether the plaintiffs have standing to pursue their zoning and nuisance claims. |
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10:00 a.m. | (Time Limits: 15-15-5) |
2011-202847 Eddie Williams, as Conservator for Catina W. Nelson, Respondent,
v.
Michael Lee Clemons, Petitioner. Paul A. Dominick, Bradish J. Waring, and Stephen Peterson Groves, Sr., all of Nexsen Pruet, LLC, of Charleston, and Amy Miller Snyder and James P. Walsh, both of Clarkson Walsh Terrell & Coulter, PA, of Greenville, for Petitioner. John S. Nichols, of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, and Woodrow Gooding and Mark Brandon Tinsley, both of Gooding & Gooding, PA, of Allendale, for Respondent. Petitioner appeals the court of appeals' decisions dismissing his appeals on the grounds that a consent judgment is not appealable except under certain circumstances pursuant to a Rule 60(b), SCRCP, motion to set aside the judgment, and the circuit court's denial of petitioner's motions to dismiss and enforce a settlement agreement and motions to reconsider were not appealable. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2011-199609 The State, Respondent,
v.
Eric Dantzler, Petitioner. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christina J. Catoe, all of Columbia, and Solicitor John Gregory Hembree, of North Myrtle Beach, for Respondent. This case concerns the denial of a directed verdict motion and later conviction of defendant for trafficking cocaine. |
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11:00 a.m. | (Time Limits: 10-10-5) |
2013-000273 Diane Kirven, on behalf of herself and all others similarly situated, Plaintiff,
v.
Central States Health & Life Co., of Omaha, and Philadelphia American Life Insurance Company, Defendants. Richard A. Harpootlian, Graham L. Newman and M. David Scott, all of Richard A. Harpootlian, P.A., and Tobias G. Ward, Jr., all of Columbia, for Plaintiffs. John T. Lay and Laura W. Jordan, both of Gallivan, White & Boyd, P.A., of Columbia, for Defendants. The United States District Court for the District of South Carolina asks the Court to determine the applicability of section 38-71-242 of the South Carolina Code to insurance policies in existence prior to the statute's effective date. |
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Wednesday, November 20, 2013 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 15-15-5) |
2011-199686 In the Matter of the Care and Treatment of Vincent Neal Way, Petitioner/Respondent,
v.
The State of South Carolina, Respondent/Petitioner. Appellate Defender LaNelle Cantey DuRant, of Columbia, for Petitioner-Respondent. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., of Columbia, for Respondent-Petitioner. In this cross-appeal, the Court granted petitions by Way and the State for a writ of certiorari to review the decision of the Court of Appeals in In the Matter of the Care and Treatment of Way, Op. No. 2011-UP-268 (S.C. Ct. App. filed Aug. 24, 2011), in which the Court of Appeals affirmed Way's commitment under the S.C. Sexually Violent Predator Act. We granted the petitions in order to consider the issues the parties raise regarding a retained expert. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-206988 David Ray Tant, Respondent,
v.
South Carolina Department of Corrections, Petitioner. Christopher D. Florian, of Columbia, for Petitioner. Desa Allen Ballard and Harvey MacLure Watson, III, both of Ballard Watson Weissenstein, of West Columbia, and Douglas Jennings, Jr., of Douglas Jennings Law Firm, LLC, of Bennettsville, for Respondent. The Court granted certiorari to review the court of appeals' decision in Tant v. South Carolina Department of Corrections, 395 S.C. 446, 449, 718 S.E.2d 753, 755 (Ct. App. 2011), which held the ALC erred in considering a sentencing transcript to determine the length of a sentence where the sentencing sheet was unambiguous. |
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10:30 a.m. | (Time Limits: 10-10-5) |
2011-194608 The State, Respondent,
v.
Beulah Ruth Butler, Petitioner. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mark Reynolds Farthing, all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent. Petitioner contends the Court of Appeals erred in affirming the denial of her directed verdict motion during her trial for voluntary manslaughter and possession of a weapon during the commission of a violent crime because: (1) the trial judge did not employ the proper directed verdict standard; and (2) the evidence showed Petitioner acted in self-defense. |