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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 30, 2004
 09:30 a.m.
3977   James Nelson, Jr., as guardian ad litem for Ty'Quain S. Nelson, a minor child, Respondent/Petitioner v. QHG of South Carolina, Inc., d/b/a Carolinas Hospital System, Quorum Health Group, Inc., Drs. Coker, Phillips, and Haswel, P.A., and Thomas W. Phillips, M.D., Defendants, of whom Drs. Coker, Phillips, and Haswell, P.A. and Thomas W. Phillips, M.D. are Petitioners/Respondents.

Robert H. Hood, D. Nathan Hughey and Deborah H. Sheffield, Of Counsel, all of Hood Law Firm, of Charleston, for Petitioners-Respondents. Edward L. Graham, of Graham Law Firm, of Florence, for Respondent-Petitioner.

This civil case raises issues regarding collateral estoppel, res judicata, statute of repose, and master and servant liability.

 10:00 a.m.
3978   Greenwood County Council, Petitioner v. Emmett F. Brooks, Former Interim Clerk of Court for Greenwood County, and Ingram Moon, Interim Clerk of Court for Greenwood County, Respondents.

Charles M. Watson, Jr., of Greenwood, for Petitioner. John Eric Newlon, of Greenwood, for Respondents.

In this case, the issue on appeal is whether the Greenwood County Council impermissibly reduced the salary for an interim clerk of court.

 10:30 a.m.
3979   The State, Respondent v. Denisona J. Crisp, Appellant.

Jeffrey P. Bloom, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor Druanne D. White, of Anderson, for Respondent.

Appellant was sentenced to death by the circuit court, sitting without a jury, after pleading guilty to the murder of Clarence Watson. Appellant asserts (1) that the circuit court erred during the plea colloquy by informing Appellant that his best hope for a life sentence at a jury trial might ultimately depend on lying jurors "who will testify under oath that they are for the death penalty when they're not, simply because they can serve on a jury to let someone go"; (2) that the circuit court erred in failing to obtain a waiver of Appellant's right to testify at the sentencing proceeding; (3) that the provision contained in South Carolina's death penalty statutes requiring a judge to impose the sentence in a capital case when a defendant pleads guilty is unconstitutional in light of recent precedent of the United States Supreme Court; and (4) that the circuit court lacked subject matter jurisdiction to sentence Appellant to death because the murder indictment did not identify any statutory circumstances of aggravation necessary to expose Appellant to a punishment greater than life in prison.

Wednesday, December 1, 2004
 09:30 a.m.
3980   Jack Webb, Personal Representative of the Estate of Susan Webb, Respondent/Appellant v. CSX Transportation, Inc., South Carolina Department of Transportation, and Anderson County, Defendants, of whom CSX Transportation, Inc. is Appellant/Respondent.

Manton M. Grier, Marvin D. Infinger and Sarah P. Spruill, all of Haynsworth Sinkler Boyd, P.A., of Columbia, for Appellant-Respondent. John E. Parker, Ronnie L. Crosby, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, PA, of Hampton, and J. Calhoun Pruitt, Jr., of Pruitt & Pruitt, of Anderson, for Respondent-Appellant.

This case arises out of an accident at a train crossing.The railroad appeals issues related to a jury verdict in favor of Mr. Webb. Mr. Webb cross-appeals an order finding that the railroad's violation of S.C. Code Ann. ยง 58-17-3420 was not a proximate cause of this accident.

 10:00 a.m.
3981   ORAL ARGUMENT CANCELLED - CASE SETTLED PURSUANT TO ORDER OF JUDGE HOUCK DATED NOVEMBER 29,2004 - City of Charleston, Plaintiff v. SouthTrust Bank, Defendant.

Deputy Corporation Counsel Adelaide S. Andrews, Assistant Corporation Counsel Susan J. Herdina, both of Charleston, Daryl L. Williams, of Jeter & Williams, P.A., of Columbia, and Philip T. Lacy, Of Counsel, of Columbia, for Plaintiff. William C. Cleveland, III, of Buist, Moore, Smythe & McGee, of Charleston, for Defendant.

 10:30 a.m.
3982   Gloria Cole and George Dewalt, Jr., in their capacities as Personal Representatives of the Estate of George Ernest Cole, deceased, Petitioners/Respondents v. South Carolina Electric and Gas, Inc., Respondent/Petitioner.

F. Xavier Starkes and William T. Toal, both of Johnson, Toal & Battiste, P.A., of Columbia, for Petitioners-Respondents. Robert A. McKenzie and Gary H. Johnson, II, both of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia, for Respondent-Petitioner.

This tort case involves immunity under the Recreational Use Statute and issues regarding assumption of the risk.

Thursday, December 2, 2004
 09:30 a.m.
3983   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 David H. Wilkins, in his official capacity as Speaker of the S.C. House of Representatives, The Honorable R. Andre Bauer in his official capacity as Lt. Governor and President of the S. C. Senate, and the State of South Carolina, Respondents. The Honorable Glenn F. McConnell, in his capacity as President Pro Tempore of the South Carolina Senate, Intervenor.

James G. Carpenter and Jennifer J. Miller, both of The Carpenter Law Firm, of Greenville, for Petitioner. Attorney General Henry D. McMaster, Assistant Deputy Attorney General Robert D. Cook, Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia, for Respondent State of South Carolina. Michael R. Hitchcock, S. Phillip Lenski and Jennifer L. Parrish, all of Columbia, for Respondent South Carolina Senate and Intervenor The Honorable Glenn F. McConnell. Charles F. Reid, Robert F. Smith, II, Benjamin P. Mustain and Patrick G. Dennis, all of Columbia, for Respondent South Carolina House of Representatives. Keith D. Munson and Heather Rush, both of Womble, Carlyle, Sandridge & Rice, PLLC, of Greenville, for Amicus Curiae ChangeSCNow, LLC. Dwight F. Drake, William C. Hubbard and C. Mitchell Brown, all of Nelson Mullins Riley & Scarborough, of Columbia, for Amici Curiae University of South Carolina Development Foundation, Medical University of South Carolina Foundation for Research Development and Clemson University Foundation, Inc.

This is an original jurisdiction matter. At issue is whether Act No. 187, 2004 Acts (the "Life Sciences Act"), violates the "one subject" requirement of Article III, section 17 of the S.C. Constitution and whether, if the Act does violate the one subject requirement, the unconstitutional parts are severable from the remainder of the Act.

 10:00 a.m.
3984   Arthur Elbert Jordan, Jr., both Individually and as a Member of Winner's Circle South, L.L.C., Respondent v. Lawrence Byerly Holt, Jr., and Gordon Wayne Livingston, both Individually and as Members of Winner's Circle South, L.L.C.; and David Livingston, Third Party Plaintiffs, Petitioners v. Brian Arthur Jordan, Third Party Defendant, Respondent.

Henrietta U. Golding, of McNair Law Firm, of Myrtle Beach, for Petitioners. James B. Richardson, Jr., of Richardson & Birdsong, of Columbia, and Richard M. Lovelace, Jr., of Conway, for Respondents.

This case involves, among other things, whether the Court of Appeals erred in reversing the trial court's award of punitive damages.

 10:30 a.m.
3985   The State, Respondent v. David F. Sullivan, Appellant.

Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate Defense, of Columbia, for Appellant. Attorney General Henry D. 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

The issue in this case is whether language in an indictment, "purposeful infliction of shame and disgrace," is unconstitutionally vague.

 

Cases to be Submitted Without Oral Argument

Herman Winns, Respondent/Petitioner v. State of South Carolina, Petitioner/Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Derrick K. McFarland, all of Columbia, for Petitioner-Respondent. Capers G. Barr, III, of Barr, Unger & McIntosh, LLC, of Charleston, for Respondent-Petitioner.