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December 2005 |
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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 29, 2005 | |
09:30 a.m. | |
4135 The State, Respondent v. Theodore Mack, Appellant. Tommy Arthur Thomas, of Irmo, for Appellant. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General W. Rutledge Martin, all of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent. The issue on appeal is whether the circuit court erred in declining to set aside appellant’s sentence.
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10:00 a.m. | |
4136 An L. Grosshuesch, Guardian and Conservator of Eleanor A. Breedlove, and An L. Grosshuesch, Guardian and Conservator of Bernard H. Breedlove, Appellants v. Lisa Cramer, Nathan Cramer, Lawrence H. Gray, Jr., Duane Marie Gray, and Sweetgrass Land Company, L.L.C., Respondents. Richard S. Rosen, of Rosen, Rosen & Hagood, of Charleston, for Appellants. Charles B. Macloskie, of Macloskie Law Firm, of Beaufort, Lionel S. Lofton, and V. Lynn Lofton, both of Lofton & Lofton, of Charleston, M. Duane Shuler, of Whetstone, Myers, Perkins & Young, of Kingstree, and G. Wells Dickson, Jr., of Charleston, for Respondents. This is an appeal of a trial court’s decision refusing to grant a temporary injunction on the grounds that attachment was an adequate remedy available to the Appellants.
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10:30 a.m. | |
4137 The Charleston Building Owners Association, Appellants v. Builder's FirstSource, Inc., as Successor in Interest to Bagnal Builder's Supply Company, Inc., and Bagnal Builder's Supply Company, Inc., Defendants, of whom Bagnal Builder's Supply Company, Inc. is Respondent. D. Michael Kelly and Leslie Therese Sarji, both of Mike Kelly Law Group, of Columbia, and William Dixon Robertson, III, of Columbia, for Appellants. Joseph Scott McCue, of Collins & Lacy, of Columbia, for Respondent. This appeal is from an order dismissing the case for insufficient service of process where service was attempted by the sheriff's deputy.
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Wednesday, November 30, 2005 | |
09:30 a.m. | |
4138 The State, Appellant v. Alicia Jeanette Haase, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Appellant. John W. Carrigg, Jr., of Columbia, for Respondent. The sole issue on appeal in this case is whether the circuit court erred in reversing Haase’s conviction for driving under the influence and holding that S.C. Code Ann. § 56-5-2934 (requiring police to advise persons charged with DUI of certain compulsory process) was required to be applied retroactively to Haase’s trial, notwithstanding Haase was arrested on Sept. 28, 2001, and the statute became effective on March 1, 2002.
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10:00 a.m. | |
4030 Clearwater Trust and Russell B. Lentz Trust, Appellants v. Boyd G. Bunting and Media General Communications, Inc., Respondents. Marshall Winn, Wallace K. Lightsey and Troy A. Tessier, all of Wyche Burgess Freeman & Parham, PA, of Greenville, for Appellants. F. Dean Rainey, Jr., of Greenville, for Respondent Boyd G. Bunting. Brent O. Clinkscale and Heather Ruth, both of Womble Carlyle Sandridge & Rice, of Greenville, and Leslie H. Wiesenfelder, of Dow, Lohnes & Albertson, of Washington, DC, for Respondent Media General Communications, Inc. The issue on appeal is whether the circuit court properly dismissed the complaint alleging breach of fiduciary duty and securities fraud pursuant to Rule 12(b)(6), SCRCP.
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10:30 a.m. | |
4139 The State, Respondent v. John Roosevelt Baccus, Appellant. Assistant Appellate Defender Robert M. Dudek, of South Carolina Office of Appellate Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, 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 Edgar Lewis Clements, III, of Florence, for Respondent. Appellant was convicted of murder and burglary in connection with the shooting death of his former girlfriend. Appellant argues (1) the trial court erred in refusing to suppress blood evidence implicating Appellant in the crime which was obtained in violation of his statutory and Fourth Amendment rights; (2) the trial court erred in admitting evidence emanating from Appellant’s warrantless arrest because the police did not have probable cause to arrest him; and (3) the trial court erred in admitting evidence seized from Appellant’s residence because the police affidavit which accompanied the search warrant did not support a finding of probable cause?
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Thursday, December 1, 2005 | |
09:30 a.m. | |
4140 Walter Ray Stone, Deceased, and Bonnie L. Stone, Respondents v. Roadway Express, Employer, and Old Republic Insurance Company, Carrier, Appellants. Duke K. McCall, Jr., of Leatherwood, Walker, Todd & Mann, of Greenville, for Appellants. Linda B. McKenzie, of Bowen, McKenzie & Bowen, L.L.P., of Greenville, for Respondents. The issue on appeal is whether the employee’s widow is entitled to collect the worker’s compensation award following the employee’s death from causes unrelated to the compensable accident.
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10:00 a.m. | |
4141 Nancy S. Layman, David M. Fitzgerald, Vicki K. Zelenko, Wyman M. Looney and Nancy Ahrens, on behalf of themselves and all others similarly situated, Petitioners v. The State of South Carolina and The South Carolina Retirement System, Respondents. A. Camden Lewis, Keith M. Babcock and Ariail E. King, all of Lewis, Babcock & Hawkins, of Columbia, and Richard A. Harpootlian, of Columbia, for Petitioners. Stephen R. Van Camp and Sarah G. Major, both of South Carolina Retirement System, of Columbia, and Thornwell F. Sowell, Robert E. Stepp, Roland M. Franklin, Jr. and Tina Cundari, all of Sowell, Gray, Stepp & Laffitte, of Columbia, for Respondents. Eric Schweitzer, of Ogletree, Deakins, Nash, Smoak and Stewart, of Columbia, for Amicus Curiae South Carolina Chamber of Commerce. Philip J. Mace, of Columbia, for Amicus Curiae State Employees' Association. Andrew F. Lindemann and William H. Davidson, III, both of Davidson, Morrison and Lindemann of Columbia, for Amicus Curiae State Retirees Association.
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10:30 a.m. | |
4142 Oral Argument Cancelled. Case Dismissed.
The State, Respondent v. Robert Parody, Appellant. Samuel Christopher Bauer, of Bauer Law Firm, of Hilton Head Island, for Appellant. Attorney General Henry Dargan 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 Randolph Murdaugh, III, of Hampton, for Respondent.
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Cases to be Submitted Without Oral Argument | |
Dan A. Dearybury, Petitioner v. State of South Carolina, Respondent. |
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Gloria Y. Leevy, of Leevy Law Firm, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Molly R. Crum, all of Columbia, for Respondent. |
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ExParte: Amelia Beth Morris, Appellant. In Re: South Carolina Department of Social Services, Respondent v. Paula Lynn Monceaux and John Doe, whose true identity is unknown, Defendants. In the Interest of: Trae Steven Monceaux 03/18/04, Minor Under the Age of 18 Years. |
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John S. Wilkerson, III, and Patrick W. Carr, both of Turner, Padget, Graham & Laney, P.A., of Charleston, for Appellant. Thomas P. Stoney III, of Summerville, for Respondent. Wolfgang Louis Kelly, of North Charleston, for Guardian Ad Litem. |