![]() |
December 2002 |
NEXT
![]() |
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, December 3, 2002 | |
09:30 a.m. | |
3515 The State, Respondent v. John Edward Weik, Appellant. Assistant Appellate Defender Robert M. Dudek, of South Carolina Office of Appellate Defense, of Columbia, for Appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Walter M. Bailey, Jr., of Summerville, for Respondent. The Court has granted rehearing in this death penalty case to reconsider the issue whether the trial court erred in denying appellant’s counsels’ mid-trial request for another competency hearing.
|
|
10:00 a.m. | |
3526 In the Interest of Michael Brent H., a minor under the age of seventeen years, Respondent. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Melody J. Brown, all of Columbia, for Petitioner. Tara D. Shurling, of Columbia, for Respondent. The Court granted the State’s petition for rehearing in this case to re-evaluate the Court’s decision to allow for court-ordered psychological evaluations of child victims in limited circumstances.
|
|
10:30 a.m. | |
3584 The State, Respondent v. Charles O. Shuler, Appellant. Deputy Chief Attorney Joseph L. Savitz, III, of Office of Appellate Defense, of Columbia, for Appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Derrick K. McFarland, all of Columbia; and Solicitor Walter M. Bailey, Jr., of Summerville,for Respondent. This criminal appeal alleges errors in the admission of a 911 tape and in the solicitor's closing argument in the sentencing phase of a death penalty trial.
|
|
Wednesday, December 4, 2002 | |
09:30 a.m. | |
3467 Beaufort County Board of Education, Respondent-Appellant v. Lighthouse Charter School Committee and State of South Carolina ex rel. Charles M. Condon, Attorney General, Appellants-Respondents. Attorney General Charles M. Condon, Deputy Attorney General Treva G. Ashworth and Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia, for Appellant-Respondent State of South Carolina, ex rel. Charles M. Condon. George E. Mullen and Michael S. Seekings, both of Mullen, Wylie & Seekings, of Hilton Head Island, for Appellant-Respondent Lighthouse Charter School Committee. Kenneth L. Childs, William F. Halligan, John M. Reagle and Keith R. Powell, all of Childs & Halligan, of Columbia; and Charles J. Boykin, of Duff, Turner, White & Boykin, of Columbia, all for Respondent-Appellant. This case involves a constitutional challenge to the new racial composition requirement in the Charter School Act.
|
|
10:00 a.m. | |
3585 Carolina First Corporation, a S.C. corporation, proceeding pursuant to Section 33-7-400 et. seq., S.C. Code of Laws, by and through its shareholders, Emory Lester, Beatrice Hutchinson, and John Wesley Purdie, Jr., Petitioners v. Mack Ira Whittle, Jr., William S. Hummers, III, Stephen Powell, Edward J. Sebastian, David Baker, R. Cobb Bell, Claude N. Epps, Jr., M. Dexter Hagy, Jr., Keith C. Henson, Michael R. Hogan, James J. Johnson, David L. Morrow, Walter J. Roberts, Jr., Jasper Salmond, Charles B. Schooler, Elizabeth P. Stall, James W. Terry, William R. Timmons, Jr., Thomas C. Vandiver, Judd B. Farr, C. Claymon Grimes, Jr., Carolina First Corporation, a S.C. Corporation, John
Doe and Jane Doe, Defendants, of whom Mack Ira Whittle,
Jr., William S. Hummers, III, Stephen Powell, Edward J.
Sebastian, R. Cobb Bell, Claude N. Epps, Jr., M. Dexter
Hagy, Jr., Keith C. Henson, Michael R. Hogan, James J. Johnson, David L. Morrow, Walter J. Roberts, Jr., Jasper
Salmond, Charles B. Schooler, Elizabeth P. Stall, William R. Timmons, Jr., Judd B. Farr, C. Claymon Grimes, Jr., and
Carolina First Corporation, a S.C. Corporation, John Doe and Jane Doe are Respondents. John A. Hagins, Jr. and T.S. Stern, Jr.,both of Covington, Patrick, Hagins, Stern & Lewis, of Greenville, for Petitioner. David L. Freeman, Frank S. Hollemann, III, Wallace K. Lightsey, all of Wyche, Burgess, Freeman & Parham, of Greenville; David Horton Wilkins, Timothy E. Madden, both of Wilkins & Madden, of Greenville; and Jay B. Kasner, of Skadden, Arps, Slate, Meagher & Flom, of New York, NY, for Respondents. The Court granted a writ of certiorari to consider the decision of the Court of Appeals in this shareholders’ derivative action.
|
|
10:30 a.m. | |
3586 Mitchell Lydia, Respondent v. Steve C. Horton, Petitioner. Lisa Mullinax Lydia, Respondent v. Steve C. Horton, Petitioner. Samuel W. Outten and John Patrick Riordan, both of Leatherwood, Walker, Todd & Mann, of Greenville, for Petitioner. Andrew C. Barr, of Fulton & Barr, of Greenville, for Respondents. This case addresses the viability of a first party negligent entrustment claim brought by an intoxicated driver against the owner of the vehicle.
|
|
Thursday, December 5, 2002 | |
09:30 a.m. | |
3587 Ann B. Bowen, Respondent v. Richard W. Bowen, Petitioner. Morris D. Rosen and Donald B. Clark, both of Rosen, Rosen & Hagood, of Charleston, for Petitioner. Peter L. Fuge and Jason P. Peavy, both of Beaufort, for Respondent. This case involves the issue of whether the presumption of a resulting trust should be applied to the acquisition of land where Husband and Wife agreed in their antenuptial agreement to be treated as unmarried persons in the eyes of the law.
|
|
10:00 a.m. | |
3588 The State, Respondent v. Jeffrey Thomas Haselden, Appellant. Assistant Appellate Defender Robert M. Dudek, of Office of Appellate Defense, of Columbia, for Appellant. Attorney General Charles M. Condon, 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 Donald V. Myers, of Lexington, for Respondent. This is a death penalty case. Haselden raises four issues on appeal. He challenges the trial court's failure to give a parole ineligiblity instruction to the jury pursuant to Simmons v South Carolina and Shafer v. South Carolina, and the court's failure to order a new sentencing hearing. He also challenges the admission of his ex-wife's testimony concerning his whereabouts when he was not working, and the admission of autopsy photographs of the victim.
|
|
10:30 a.m. | |
3589 Alfred Lee Wigfall, Employee, Claimant, Appellant v. Tideland Utilities, Inc., Employer and Northern Insurance Company of New York, Carrier, Respondents. David T. Pearlman and J. Kelvin Holmes, both of The Steinberg Law Firm, of Charleston, for Appellant. C. Jo Anne Wessinger and Steven W. Hamm, both of Richardson, Plowden, Carpenter & Robinson, of Columbia, for Respondents. This case involves the question of whether an individual whose only physical injury is a scheduled loss under the Workers' Compensation Act may obtain total disability because of a total loss of earning capacity.
|
Cases to be Submitted Without Oral Argument | |
Raymond T. Werner, III, Petitioner v. State of South Carolina, Respondent. |
|
Harry Leslie Devoe, Jr., of New Zion, for Petitioner. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General B. Allen Bullard, Jr. and Assistant Attorney General W. Bryan Dukes, all of Columbia, for Respondent. |
|
Robert Lee Burnett, Respondent v. State of South Carolina, Petitioner. |
|
Attorney General Charles M. Condon, Chief Deputy Attorney General John W. Mcintosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Petitioner. Assistant Appellate Defender Aileen P. Clare, of Office of Appellate Defense, of Columbia, for Respondent. |
|
Kevin McLaughlin, Respondent v. State of South Carolina, Petitioner. |
|
Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Petitioner. Richard J. Breibart, of Breibart, McCauley & Newton, of Lexington, for Respondent. |
|
Steven R. Turner, Petitioner v. State of South Carolina, Respondent. |
|
Senior Assistant Appellate Defender Wanda H. Haile, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General Kenneth P. Woodington, all of Columbia, for Respondent. |
|
Wayne C. Hooks, Petitioner v. State of South Carolina, Respondent. |
|
Assistant Appellate Defender Aileen P. Clare, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General William Bryan Dukes, all of Columbia, for Respondent. |