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December 2008 |
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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, December 2, 2008 | |
09:30 a.m. | |
4656 The State, Respondent, v. Curtis Jerome Mitchell, Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. 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 Kevin S. Brackett, of York, for Respondent. In this case, Defendant appeals a conviction for armed robbery. This case involves the question of whether a person who presents a weapon to a store employee while leaving the premises with store property is guilty of armed robbery.
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10:00 a.m. | |
4657 Larry Tucker Gay, Jr., Appellant, v. Robert M. Ariail, in his official capacity as Solicitor, Thirteenth Judicial Circuit, and the South Carolina Law Enforcement Division, Respondents. Jon Rene Josey, of Turner Padget Graham & Laney, of Florence, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Attorney General David Spencer, all of Columbia, for Respondent. The issue in this case is whether Gay was entitled to expungement of his criminal record for an offense which he committed in 1990 at age 22.
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10:30 a.m. | |
4658 Elizabeth M. McCullar and J.W. McCullar, Respondents, v. The Estate of Dr. William Cox Campbell and Palmetto Health Alliance d/b/a Palmetto Health Baptist, of whom the Estate of Dr. William Cox Campbell is the Petitioner. Kay G. Crowe and J. Todd Kincannon, both of Barnes Alford Stork & Johnson, of Columbia, for Petitioner. Kevin Hayne Sitnik, of McGowan, Hood and Felder, of Columbia, for Respondents. The Court granted certiorari to consider a Court of Appeals decision which reversed a circuit court order dismissing this medical malpractice suit for lack of subject matter jurisdiction.
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Wednesday, December 3, 2008 | |
09:30 a.m. | |
4659 Alex Kiriakides, Jr., Appellant/Respondent, v. The School District of Greenville County, South Carolina, a political subdivision, Respondent/Appellant. S. Jahue Moore, of Moore Taylor & Thomas, of West Columbia, and David Lloyd Thomas, of Moore Taylor & Thomas, of Greenville, for Appellant/Respondent. Thomas W. Traxler and Travis V. Olmert, both of Carter Smith Merriam Rogers & Traxler, of Greenville, for Respondent/Appellant. This is a cross appeal. Alex Kiriakides appeals from an order of the master-in-equity finding he was not entitled to damages on his claim for inverse condemnation against the School District of Greenville County. The School District appeals the master’s award of attorney’s fees to Kiriakides pursuant to section 28-2-510(C) of the South Carolina Code based on the School District’s alleged abandonment of a condemnation action.
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10:00 a.m. | |
4660 Robert S. Brannon and Kimberly C. Brannon, Petitioners, v. The Palmetto Bank and Howard Barnard, Defendants, Of Whom The Palmetto Bank is the Respondent. H. Michael Spivey and Melissa D. Spivey, both of Mauldin, for Petitioners. F. Marion Hughes and Seann Gray Tzouvelekas, both of Leatherwood, Walker, Todd & Mann, of Greenville, for Respondent. In this case, the Court granted certiorari to review Brannon v. Palmetto Bank, 371 S.C. 357, 638 S.E.2d 105 (Ct. App. 2006), in which the Court of Appeals reversed the trial court’s denial of Palmetto Bank’s directed verdict motions for the breach of contract and conversion claims brought by the Brannons.
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10:30 a.m. | |
4661 The State, Petitioner/Respondent, v. Danny Orlando Wharton, Respondent/Petitioner. 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 Robert Mills Ariail, of Greenville, for Petitioner/Respondent. Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent/Petitioner. In this case, the Court granted certiorari to review State v. Wharton, 366 S.C. 56, 620 S.E.2d 83 (Ct. App. 2005). The court of appeals held that the trial court erred in giving a voluntary manslaughter charge and reversed the defendant’s conviction.
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Thursday, December 4, 2008 | |
09:30 a.m. | |
4662 Jim Aaron, Appellant, v. Susan J. Mahl, a/k/a Susan J. Scott and Elizabeth M. Smith, Clerk of Court for Beaufort County, South Carolina, Defendants, Of Whom Susan J. Mahl, a/k/a Susan J. Scott is the Respondent. Susan J. Scott, Respondent, v. Rehon & Roberts, a Professional Corporation, Peter M. Rehon and Ronald D. Foster, Additional Plaintiffs on the Counterclaim. Brian C. Pitts, of Smoot, Pitts, Elliott & Biel, of Hilton Head Island, for Appellant. Robert V. Mathison, Jr., of Mathison & Mathison, of Hilton Head Island, for Respondent. This case involves issues related to the enforcement in South Carolina of California and Indiana judgments against respondent.
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10:00 a.m. | |
4663 Charles R. Hipp, III, Respondent, v. South Carolina Department of Motor Vehicles, Appellant. General Counsel Frank L. Valenta, Jr., Deputy General Counsel Philip S. Porter, and Assistant General Counsel Linda A. Grice, all of South Carolina Department of Motor Vehicles, of Blythewood, for Appellant. Michael A. Timbes, of Thurmond Kirchner & Timbes, of Charleston, for Respondent. In this case, Appellant appeals an order by the circuit court enjoining the suspension of Respondent’s driver’s license twelve years after Respondent’s conviction.
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10:30 a.m. | |
4664 In the Matter of Glen Oliver Gray, Respondent. Lesley M. Coggiola, Disciplinary Counsel, and C. Tex Davis, Jr., Senior Assistant Disciplinary Counsel, both of Columbia, for Office of Disciplinary Counsel. Desa Ballard, of West Columbia, for Respondent. This is an attorney disciplinary matter.
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Cases to be Submitted Without Oral Argument | |
Elijah Hannah, Petitioner, v. State of South Carolina, Respondent. |
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Reynolds H. Blankenship, Jr., of Masella 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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Craig S. Rolen, Petitioner, v. State of South Carolina, Respondent. |
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Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, 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 Karen Ratigan, all of Columbia, for Respondent. |
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Charles M. Stuckey, Jr., Petitioner, v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, 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 Karen Ratigan, of Columbia, for Respondent. |
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Ernest Battle, Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Matthew J. Friedman, all of Columbia, for Petitioner. Assistant Appellate Defender Kathrine Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Pete S. Bryant, Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Molly Crum, all of Columbia, for Petitioner. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent |