Supreme Court Seal
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, December 2, 2003
 09:30 a.m.
3793   The State, Respondent v. Yukoto Eugene Cherry, Petitioner.

Thomas F. McDow, of Rock Hill, Jeanne Allison Pearson, of Kennedy, Covington, Lobdell & Hickman, of Rock Hill, and Chief Attorney Daniel T. Stacey, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General Deborah R. J. Shupe, all of Columbia, and Solicitor Thomas E. Pope, of York, for Respondent.

 10:00 a.m.
3798   The State, Respondent v. John Williams, III, Petitioner.

Chief Attorney Daniel T. Stacey, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent.

Wednesday, December 3, 2003
 09:30 a.m.
3794   Edward D. Sloan, Jr., individually, and as a Citizen, Resident, Taxpayer and Registered Elector of South Carolina, and on behalf of all others similarly situated, Petitioners v. The Honorable Marshall Clement Sanford, Jr., Respondent.

James G. Carpenter and Jennifer J. Miller, both of The Carpenter Law Firm, of Greenville, for Petitioner. Vance J. Bettis and Shahin Vafai, both of Gignilliat, Savitz & Bettis, of Columbia, Chief Legal Counsel Henry J. White and Deputy Chief Counsel Swati S. Patel, both of the Office of the Governor, of Columbia, for Respondent.

This case involves whether Governor Sanford's holding of a commission in the Air Force Reserve is allowed under the South Carolina Constitution. This case also involves whether the petitioner has standing.

 10:00 a.m.
3795   Main Corporation and B. J. Johnson, Petitioners v. J. Thomas Black, Ronnie M. Givens, George S. Maroska, C. Dennis McKittrick, Berlin G. Meyers, Jr., Thomas W. Myers, Sr., William D. Price, M.D., Rutherford P.C. Smith and Lloyd B. Williams, Jr., individually and as Partners in the Summerville Town Square Partnership, A South Carolina General Partnership, and the Summerville Town Square Partnership, a South Carolina General Partnership, Alexander's Station Limited Partnership, The Williams Co., Inc., General Partner & other unknown Defendants, of whom J. Thomas Black, Ronnie M. Givens, George S. Maroska, C. Dennis McKittrick, Berlin G. Meyers, Jr., Thomas W. Myers, Sr., William D. Price, M.D., Rutherford P.C. Smith and Lloyd B. Williams, Jr., individually and as Partners in the Summerville Town Square Partnership, A South Carolina General Partnership, and the Summerville Town Square Partnership, a South Carolina General Partnership, Alexander's Station Limited Partnership, The Williams Co., Inc., General Partner, are Respondents.

James Earle Reeves, of Summerville, for Petitioners. Mary L. Arnold, of Mt. Pleasant, for Respondents.

The case involves whether the Court of Appeals properly dismissed an appeal of an arbitrator's order.

 10:30 a.m.
3796   Angel Ann Brown Gilliland, Petitioner v. John Doe, an unknown motorist, Respondent.

Bryan DuPont Ramey, of Bryan D. Ramey & Associates, of Piedmont; and John S. Nichols, of Bluestein & Nichols, of Columbia, for Petitioner. Samuel C. Weldon, of Clarkson, Walsh, Rheney & Turner, of Greenville, for Respondent.

This case involves a question concerning the extent an independent witness must attest to the facts of an accident involving an unknown driver to allow a plaintiff to recover uninsured motorist proceeds in a "John Doe" action.

Thursday, December 4, 2003
 09:30 a.m.
3797   Esau Heyward, Respondent v. Samuel Christmas, Petitioner.

John E. James, III, and George C. James, Jr., both of Lee, Erter, Wilson, James, Holler & Smith, of Sumter, for Petitioner. Dwight Christopher Moore, of Moore Law Firm, of Sumter, John Dennis Delgado and Kathrine Haggard Hudgins, both of Columbia, for Respondent.

This case involves the issues of whether the Court of Appeals erred by reversing the trial court’s decision granting petitioner’s directed verdict motion on the basis petitioner’s conduct was objectively reasonable under the Fourth Amendment and on the basis of qualified immunity.

 10:00 a.m.
3799   Sunset Cay, LLC, Appellant v. The City of Folly Beach, Respondent.

John M. S. Hoefer and K. Chad Burgess, both of Willoughby & Hoefer, of Columbia, for Appellant. Sandra J. Senn and Stephanie P. McDonald, both of Charleston, for Respondent.

 10:30 a.m.
3800   The State, Petitioner v. Duncan Proctor, Respondent. (Charleston County) and The State, Petitioner v. Duncan Proctor, Respondent. (Dorchester County)

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General Deborah R. J. Shupe, all of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Petitioner. Chief Attorney Daniel T. Stacey, of South Carolina Office of Appellate Defense, of Columbia, and Christopher Wayne Adams, of National Association of Criminal Defense Lawyers, of Atlanta, GA, for Respondent.

The Court granted certiorari to consider a Court of Appeals' decision holding that the results of a lab's DNA proficiency testing may be subject to discovery by a criminal defendant under Brady v. Maryland, 373 U.S. 83 (1963) and Rule 5 (a)(1)(D).

 

Cases to be Submitted Without Oral Argument

Henry Matthews, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Eleanor Duffy Cleary, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent.

Joseph A. Samuels, Petitioner v. State of South Carolina, Respondent.

Tara Dawn Shurling, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General David A. Spencer, all of Columbia, for Respondent.

Lonnie J. Anderson, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Eleanor Duffy Cleary, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for Respondent.

William Baskins, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General David A. Spencer, all of Columbia, for Petitioner. Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate Defense, of Columbia, for Respondent.

Ivelaw P. Jones, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General David A. Spencer, all of Columbia, for Petitioner. Assistant Appellate Defender Robert M. Pachak, of South Carolina Office of Appellate Defense, of Columbia, for Respondent.