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December 2010 |
NEXT
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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 30, 2010 | |
09:30 a.m. | |
5026 Board of Trustees of the School District of Fairfield County, Plaintiff/Joint Petitioner, v. State of South Carolina and Legislative Delegation of Fairfield County, Defendants, of whom Legislative Delegation of Fairfield County is Defendant/Joint Petitioner, and Glenn F. McConnell, in his representative capacity as President Pro Tempore of the South Carolina Senate and as representative thereof. Robert W. Harrell, Jr., as Speaker of the House of Representatives and as a representative of the South Carolina House of Representatives, Intervenors/Joint Petitioners. Robert E. Stepp, Robert E. Tyson, Jr. and Roland M. Franklin, Jr., of Sowell, Gray, Stepp & Laffitte, L.L.C., of Columbia, for Defendant, Legislative Delegation of Fairfield. Armand Derfner and D. Peters Wilborn, Jr., of Derfner, Altman & Wilborn, LLC, of Charleston, for Petitioner, Board of Trustees of Fairfield County School District. Michael R. Hitchcock, John P. Hazzard, V and Kenneth M. Moffitt, of Columbia, for Petitioner, Glenn McConnell, President, SC Senate. Bradley S. Wright and Charles F. Reid, of Columbia, for Intervenor, Speaker Harrell. J. Emory Smith, Jr., Assistant Deputy Attorney General, of Office of the Attorney General, of Columbia, for Defendant, State of South Carolina. In this case, the Board of Trustees of the School District of Fairfield County, the State of South Carolina, and the Legislative Delegation of Fairfield County jointly petitioned this Court to hear the matter in its original jurisdiction. This Court granted that petition and it will decide whether Act 308 of S.C. Acts 2010 violates the South Carolina Constitution’s Article III, section 34(IX) prohibition against special legislation where a general law can be made applicable, or if the governor’s veto of Act 308 was properly overridden, in accordance with Article IV, section 21 of the South Carolina Constitution.
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10:00 a.m. | |
5027 The State, Respondent, v. Stephen Corey Bryant, Appellant. Chief Appellate Defender Robert M. Dudek and Senior Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent. This is an appeal from a non-jury capital sentencing proceeding.
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10:30 a.m. | |
5028 ORAL ARGUMENT CANCELLED - Sandra Blanding, Petitioner, v. Long Beach Mortgage Company, Washington Mutual, Inc. and Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust, Respondents. J. Jay Hulst, of Williams & Hulst, LLC of Moncks Corner, for Petitioner. Elizabeth Van Doren Gray and Tina Cundari, of Sowell, Gray, Stepp & Laffitte, L.L.C., of Columbia, for Respondents. This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in Blanding v. Long Beach Mortgage Co., 379 S.C. 206, 665 S.E.2d 608 (Ct. App. 2008), in which the Court of Appeals affirmed the trial court’s grant of summary judgment in favor of mortgagee.
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Wednesday, December 1, 2010 | |
09:30 a.m. | |
5029 Ex Parte: James A. Brown, Jr., Attorney, Appellant. In re: State of South Carolina, Respondent, v. Alfonzo J. Howard, Defendant. Derek J. Enderlin, of Ross and Enderlin, P.A., of Greenville and James Arthur Brown, Jr., of Beaufort, for Appellant. Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith Jr., of Office of the Attorney General, of Columbia, for Respondent. John S. Nichols and Blake A. Hewitt, of Bluestein, Nichols, Thompson and Delgado, of Columbia, for Amicus Curiae, South Carolina Bar. In this case, the Court considers an appeal from a denial of additional attorneys’ fees for a lawyer representing an indigent defendant.
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10:00 a.m. | |
5030 James Richard Miles, Petitioner, v. Theodora Miles, Respondent. Matthew P. Turner and J. Michael Turner, Sr., of Laurens, for Petitioner. C. Rauch Wise, of Greenwood, for Respondent. In this case from the family court, the Court will decide whether an agreement entered into a final divorce decree that Husband will cover Wife on his health insurance policy is a modifiable support order.
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10:30 a.m. | |
5031 Joseph Stinney and Cynthia Stinney, Individually and as Parents and Natural Guardians of Maurice Stinney, a minor over the age of fourteen years, and Marquis Stinney, Respondents, v. Sumter School District 17, Petitioner. Robert T. King, of Willcox, Buyck & Williams, PA, of Florence, for Petitioner. Dwight Christopher Moore, of Sumter, for Respondents. Two students were expelled from high school and the Board of Trustees upheld the expulsions. The family of the expelled students then initiated a suit in circuit court alleging due process violations and other causes of action. The circuit court granted summary judgment on the due process claim, finding the family had not exhausted its administrative remedies because it did not appeal the Board’s decision. The court of appeals reversed, finding both that exhaustion would be futile in this case and that the family had fully exhausted its administrative remedies. This Court granted a writ of certiorari to review that decision.
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Thursday, December 2, 2010 | |
09:30 a.m. | |
5032 Jane Roe and John Roe, Appellants, v. Craig Reeves, Victoria A., John Doe, Biological Father and Baby Boy, an infant, Respondents. Robert Norris Hill, of Newberry and Philip J. Temple, of Temple, Mann, Briggs & Hill, of Greenville, for Appellants. Mary Alice H. Godfrey and Andrea B. Williams, of Greenville, for Respondents. Katherine H. Tiffany, of Carter Smith Merriam Rogers & Traxler PA, of Greenville, Guardian ad Litem. In this action for termination of parental rights and adoption, appellants challenge the family court’s determination that appellants’ adoption of the child required the unwed biological father’s consent.
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10:00 a.m. | |
5033 Neal Berberich, Appellant, v. Naomi M. Jack, Respondent. Edward L. Graham, of Florence, for Appellant. Ronald P. Diegel, of Murphy & Grantland, of Columbia and J. Boone Aiken, III, of Aiken, Bridges, Elliott, Tyler & Saleeby, P. A., of Florence, for Respondent. Neal Berberich brought this negligence action against Naomi M. Jack alleging he was injured when he fell from a wet ladder while working at her home. The jury returned a verdict for Jack. Berberich appeals, arguing the trial court abused its discretion in denying his request to charge the jury on the definitions of recklessness, willfulness, and wantonness and to instruct the jury that heightened wrongdoing could not be compared to ordinary negligence. He further argues the trial court erred in submitting its verdict form and in denying his motion for a new trial based on juror bias and the erroneous charge and verdict form.
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10:30 a.m. | |
5034 Darrick Jackson, as Mayor of the Town of Timmonsville, Petitioner, v. Mark Sanford, Governor of the State of South Carolina and as Chairman and Ex-Officio Member of the State Budget and Control Board, Converse Chellis, Treasurer of the State of South Carolina; Richard Eckstrom, Comptroller General of the State of South Carolina; Hugh Leatherman, Chairman of the Finance Committee of the South Carolina Senate; Daniel T. Cooper, Chairman of the Ways and Means Committee of the South Carolina House of Representatives, as Ex-Officio Members of the State Budget and Control Board; Frank Fusco, Executive Director of the State Budget and Control Board; Glenn F. McConnell, President Pro Tempore of the South Carolina Senate, and Robert W. Harrell, Jr., Speaker of the South Carolina House of Representatives, Respondents. James Emerson Smith, Jr. and Debra Sherman Tedeschi, of Columbia, for Petitioner. Michael R. Hitchcock, John P. Hazzard, V. and Kenneth M. Moffitt, of South Carolina Senate, of Columbia, for Respondent, Glenn F. McConnell. Robert E. Stepp, Roland M. Franklin and Tina M. Cundari, of Sowell, Gray, Stepp & Laffitte, L.L.C., of Columbia, for Respondent, Hugh Leatherman, Chairman of the Finance Committee of the South Carolina Senate. Vance J. Bettis, of Gignilliat, Savitz & Bettis, L.L.P., of Columbia, for Respondent, Frank Fusco, Executive Director of the State Budget and Control Board. Kevin A. Hall, Karl S. Bowers, Jr. and M. Todd Carroll, of Hall & Bowers, LLC, of Columbia, for Respondents, Governor Mark Sanford & Comptroller General Richard Eckstrom. William F. Cotty and Donald E. Jonas, of Columbia, for Respondent, Converse Chellis, State Treasurer. C. Mitchell Brown and Michael J. Anzelmo, of Nelson Mullins Riley & Scarborough, of Columbia, for Respondents, Robert W. Harrell, Jr., Speaker of the South Carolina House of Representatives and Daniel T. Cooper, Chairman of the Ways and Means Committee of the South Carolina House of Representatives. In this action in the Court’s original jurisdiction, the Petitioner challenges the Governor’s veto of certain appropriations and challenges the constitutionality of a budget proviso.
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