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Supreme Court Seal
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, December 1, 2015
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 10-10-5)  
2014-002245   The State, Respondent, v. Tawanda Allen, Petitioner.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Alphonso Simon, Jr., all of Columbia and Solicitor Ernest A. Finney, III, of Sumter, for Respondent.

The Court granted certiorari to review the court of appeals' opinion in State v. Tawanda Allen, 2014-UP-304 (S.C. Ct. App. filed July 30, 2014), which held it was not an abuse of discretion for the trial court to admit Petitioner's confession.

 10:00 a.m. (Time Limits: 15-15-5)  
2015-000901   John William Machin, Plaintiff, v. Carus Corporation, Defendant.

John S. Nichols, of Bluestein Nichols Thompson & Delgado, of Columbia, John K. Koon, of Koon & Cook, of Columbia and Frederick I. Hall, III, of The Rick Hall Law Firm, of Lexington, for Plaintiff. Gray T. Culbreath and Jessica A. Waller, both of Gallivan, White & Boyd, P.A., of Columbia and J. Arthur Davison and Sonja R. Tate, both of Fulcher Hagler, LLP, of Augusta, Georgia, for Defendant. Alan Jones, of McGangus, Goudelock & Courie, of Myrtle Beach; and David C. Marshall, of Turner, Padget, Graham & Laney, of Columbia, for amici curiae South Carolina Defense Trial Attorneys' Association and DRI - The Voice of the Defense Bar

The Court answers four certified questions from the U.S. District Court dealing with workers' compensation and tort law.

Wednesday, December 2, 2015
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2015-000271   Fayrell Furr and Karole Jensen, Petitioners, v. Horry County Zoning Board of Appeals, Respondent.

Gene M. Connell, Jr., of Kelaher, Connell & Connor, PC, of Surfside Beach, for Petitioners. Emma Ruth Brittain and Leah Montgomery Cromer, both of Thomas & Brittain, of Myrtle Beach, for Respondent.

In this appeal, the petitioner argues that the court of appeals improperly applied the standard of review in a zoning dispute, and therefore erred in reversing the circuit court and deferring to the zoning board of appeal's interpretation of the meaning of "hospice" under the zoning ordinance of Horry County.

 10:00 a.m. (Time Limits: 10-10-5)  
2015-000085   The State, Respondent, v. Julio Angelo Hunsberger, Petitioner.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General Melody J. Brown, all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

The Court granted a petition for a writ of certiorari to review the Court of Appeals' decision in State v. Hunsberger, Op. No. 2014-UP-382 (S.C. Ct. App. filed Nov. 5, 2014)

 10:30 a.m. (Time Limits: 10-10-5)  
2015-000083   The State, Respondent, v. Alexander L. Hunsberger, Petitioner.

Appellate Defender Susan B. Hackett, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General Melody J. Brown, all of Columbia, and Solicitor Donald V. Myers, of Lexington, all for Respondent.

The Court granted a petition for a writ of certiorari to review the Court of Appeals' decision in State v. Hunsberger, Op. No. 2014-UP-381 (S.C. Ct. App. filed Nov. 5, 2014).

Thursday, December 3, 2015
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2013-002208   Ex Parte: South Carolina Department of Disabilities and Special Needs, Appellant, In re: State of South Carolina, Respondent, v. Rocky A. Linkhorn, Respondent.

Andrew F. Lindemann and William H. Davidson, II, both of Davidson & Lindemann, P.A., of Columbia and General Counsel Tana Vanderbilt, of South Carolina Department of Disabilities and Special Needs, of Columbia, for Appellant. Attorney General Alan Wilson, Deputy Solicitor General J. Emory Smith, Jr., and Assistant Attorney General T. Parkin Hunter, all of Columbia and Public Defender Elizabeth C. Fullwood, of Lexington, for Respondents.

The Court certified this appeal pursuant to Rule 204(b), SCACR to review the trial court's order granting the solicitor's rule to show cause, which requested that the South Carolina Department of Disabilities and Special Needs be brought before the court to explain why Mr. Linkhorn was denied the Department's services.

 10:00 a.m. (Time Limits: 10-10-5)  
2013-002797   Loretta Traynum and Leonard Traynum, Appellants, v. Cynthia Scavens and Progressive Direct Insurance Company, Respondents.

John S. Nichols and Blake Alexander Hewitt, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia and Tom Young, Jr., of Aiken, for Appellants. John Robert Murphy and Wesley Brian Sawyer, both of Murphy & Grantland, P.A., of Columbia, for Respondents. David C. Marshall and R. Hawthorne Barrett, both of Turner Padget Graham & Laney, P.A., of Columbia, for Amicus Curiae, Property Casualty Insurers Association of America.

In this direct appeal, Appellant contests the circuit court's interpretation of what constitutes a meaningful offer of underinsured motorist coverage (UIM).

 10:30 a.m. (Time Limits: 10-10-5)  
2015-000351   The State, Respondent, v. Donna Lynn Phillips, Petitioner.

E. Charles Grose, Jr., of The Grose Law Firm, LLC, of Greenwood, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General J. Benjamin Aplin, both of Columbia, for Respondent.

The Court granted certiorari to review the court of appeals' opinion in State v. Phillips, 411 S.C. 124, 767 S.E.2d 444 (Ct. App. 2014), which affirmed the trial court's denial of Phillips motion for directed verdict.

 

Cases to be Submitted Without Oral Argument

John Garner Kimble, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Benjamin John Tripp, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Senior Assistant Deputy Attorney General Karen Christine Ratigan, both of Columbia, for Respondent.

Stanley Golson, Petitioner, v. State of South Carolina, Respondent.

Assistant Appellate Defender Robert M. Pachak of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Patrick Lowell Schmeckpeper, both of Columbia, for Respondent.

Rikam Ikkesh Dozier, Petitioner, v. State of South Carolina, Respondent.

Aimee Jendrzejewski Zmroczek, of A.J.Z. Law Firm, LLC, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Patrick Lowell Schmeckpeper, both of Columbia, for Respondent.