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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 29, 2011
 09:30 a.m.
5181   Matthew Bodman, Plaintiff, v. State of South Carolina and South Carolina Department of Revenue, Defendants.

A. Camden Lewis and Ariail E. King, of Lewis & Babcock, LLP, and Richard A. Harpootlian, all of Columbia, for Plaintiff. Attorney General Alan Wilson, Deputy Attorney General Robert D. Cook and Assistant Deputy Attorney General J. Emory Smith, Jr., of Office of the Attorney General, and Ray N. Stevens, of Parker Poe Adams & Bernstein, LLP, Milton G. Kimpson, Carol I. McMahan, Adam I. Marinelli, Sarah A. Powell and Harry T. Cooper, Jr., all of Columbia, for Defendants. Bradley S. Wright and Charles F. Reid, of Columbia, for Amicus Curiae, Robert W. Harrell, Jr. and W. Brian White. Michael R. Hitchcock, John P. Hazzard, V and Robert E. Maldonado, for Amicus Curiae, Glenn F. McConnell and Hugh K. Leatherman. Burnet Rhett Maybank, III, of Nexsen Pruet, LLC, of Columbia, for Amicus Curiae, South Carolina Manufacturer's Alliance. John C. von Lehe, Jr. and Bryson M. Geer, of Nelson Mullins Riley & Scarborough, of Charleston, for Amicus Curiae, Council on State Taxation.

Matthew Bodman (Plaintiff) filed a Petition for Original Jurisdiction and Summons and Complaint against the State of South Carolina and the South Carolina Department of Revenue seeking to declare unconstitutional the sale tax caps and exemptions contained in S.C. Code Ann. §§ 12-36-2110 and 12-36-2120 (Supp. 2010). Plaintiff argues that the statutes' tax scheme has become so riddled with exemptions that it undermined the statutes' purpose of funding public education and that the sheer number of exemptions and overbroad classifications violated the constitutional prohibition against special legislation and equal protection under the law.

 10:00 a.m.
5182   The State, Petitioner, v. Jarod Wayne Tapp, Respondent.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Petitioner. Timothy C. Kulp, of Charleston, for Respondent.

The Court granted certiorari to review the Court of Appeals decision in State v. Tapp, 387 S.C. 158, 691 S.E.2d 165 (2010).

 10:30 a.m.
5183   In the Matter of Michael T. Hursey, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Joseph P. Turner, of Columbia, for the Office of Disciplinary Counsel. Michael T. Hursey, of Myrtle Beach, pro se Respondent.

This is an attorney disciplinary matter.

Wednesday, November 30, 2011
 09:30 a.m.
5184   Robert L. Knight, Appellant, v. Charles P. Austin, Sr., in his capacity as Columbia City Manager, City of Columbia Board of Trustees of Fireman's Retirement and Pension Fund of the Columbia Fire Department, Respondents.

Donald E. Jonas, of Lexington, for Appellant. W. Allen Nickles, III and Matthew A. Nickles, of Nickles Law Firm, of Columbia, for Respondent.

This is an appeal from an order granting summary judgment.

 10:00 a.m.
5185   Kareem J. Graves and Tara Graves, individually and as duly appointed personal representatives of the Estate of India Iyanna Graves, Appellants, v. CAS Medical Systems, Inc., Respondent.

J. Edward Bell, III, of Georgetown, for Appellants. Clarke W. DuBose and Sarah Spruill, of Haynsworth Sinkler Boyd, P.A., of Columbia, for Respondent. John S. Nichols, of Bluestein, Nichols, Thompson and Delgado,LLC, of Columbia, for Amicus Curiae Law Professors.

In this design defect case, the Graves first appeal the circuit court’s exclusion of their expert witnesses because they did not meet the reliability factors set forth in State v. Council, 335 S.C. 1, 515 S.E.2d 508 (1999). The Graves also appeal the circuit court’s finding that post-deposition affidavits submitted by their computer science experts were sham affidavits. They finally appeal the court’s grant of summary judgment in favor of CAS Medical Systems, arguing either they submitted sufficient direct evidence to survive summary judgment with their expert testimony or sufficient circumstantial evidence if that testimony should have been excluded.

 10:30 a.m.
5186   The State, Respondent, v. Kevin Cornelious Odems, Petitioner.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent.

Kevin Cornelius Odems, Petitioner, appeals the Court of Appeals decision affirming the trial court’s refusal to issue a directed verdict on the charges of first degree burglary, grand larceny, criminal conspiracy, and malicious injury to an electronic utility meter. Petitioner argues that the State did not present substantial circumstantial evidence that he was guilty of the crimes charged.

Thursday, December 1, 2011
 09:30 a.m.
5187   The State, Appellant/Respondent, v. Guido Driesen, Respondent/Appellant.

Assistant Solicitor C. Denton Matthews and Assistant Solicitor Katryna B. Salisbury, of Greenville, for Appellant-Respondent. Desa Ballard and Stephanie Weissenstein, of Law Offices of Desa Ballard, of West Columbia, Billy J. Garrett, Jr. and Carson McCurry Henderson, both of Greenwood and Charles M. Groves, of Chapman Harter & Groves PA, of Greenville, for Respondent-Appellant.

Both parties seek review of the circuit court’s findings on appeal from magistrate’s court.

 10:00 a.m.
5188   The State, Respondent, v. Zeb Eron Binnarr, Petitioner.

H. Stanley Feldman, of Charleston, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Binnarr, Op. No. 2010-UP-077 (S.C. Ct. App. filed Feb. 2, 2010), in which the Court of Appeals affirmed Petitioner’s conviction for failing to register as a sex offender.

 10:30 a.m.
5189   In the Matter of Ivan James Toney, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Senior Assistant Disciplinary Counsel C. Tex Davis, Jr., of Columbia, for the Office of Disciplinary Counsel. J. Steedley Bogan, of Columbia, for Respondent.

This is an attorney disciplinary matter.

 

Cases to be Submitted Without Oral Argument

Jeromy Chisolm, Appellant, v. South Carolina Department of Corrections, Respondent.

Jeromy Chisolm, of Columbia, pro se Appellant. Christopher D. Florian, of Columbia, for Respondent.

Channel Group, LLC, Appellants, v. Teresa A. Abbott, Patricia H. Brady, Phillip R. Brady, Bobby L. Coggins, Marquerite A. Chambers, Ramon A. Devia, Eunice Davis, Patricia P. Fuller, Kenneth J. Ferace, Carmellar L. Hall, Kimberly D. Ivester, Maril B. McConnell, Timothy A. McGee, Eula Teresa Powe, Calvin E. Raines, Kelly J. Sanders, Diane J. Smith, Timothy A. Wieczorek and Carol Worthy, pro se Respondents. BullHead Investments, LLC, Appellant, v. Leandro A. and Jenny Blum, Sonya D. Briggs, Kimberly A. Bordes, Henry T. Cheeks, Joseph J. Dougherty, Garry W. Ferrell, Steven S. Killian, JoAnne Moore and Howard J. Wood, pro se Respondents.

Richard L. Jackson, of Brock & Scott, of Winston-Salem, North Carolina, for Appellants. Teresa A. Abbott, of Greer, Patricia Fuller, of Greenville, Eula Teresa Powe, of Taylors, Kenneth Ferrace, of Greenville, Timothy McGee, of Travelers Rest, Calvin E. Raines, of Greer, Phillip Brady, of Simpsonville, Kelly Sanders, of Simpsonville, Maril B. McConnell, of Woodruff, Ramon Devia, of Greer, Carol Worthy, of Greenville, Carmellar L. Hall, of Greenville, Diane Smith, of Greenville, Marquerite A. Chambers, of Greenville, Kimberly Ivester, of Greenville, Patricia Brady, of Simpsonville, Eunice Davis, of Greenville, Bobby Coggins, of Simpsonville, Howard J. Wood, of Piedmont, Joseph J. Dougherty, of Simpsonville, Leandro and Jenny Blum, of Mauldin, Sonya D. Biggs, of Greenville, Kimberly A. Bordes, of Greenville, Henry Cheeks, of Travelers Rest, Garry Ferrell, of Greenville, Steven S. Killian, of Simpsonville, Timothy Wieczorek, of Travelers Rest, Ms. JoAnne Moore, of Taylors, pro se Respondents.

Cedric Martino, Petitioner, v. State of South Carolina, Respondent.

Jeremy Adam Thompson, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Matthew J. Friedman, of Office of the Attorney General, of Columbia, for Respondent.

Stacy W. Howard, Appellant, v. South Carolina Department of Corrections, Respondent.

Stacy W. Howard, of Kershaw, pro se Appellant. Christopher D. Florian, of Columbia, for Respondent.

James Michael Lucas, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Susan Barber Hackett and Appellate Defender Tristan Shaffer, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Kaelon E. May, of Office of the Attorney General, of Columbia, for Respondent.