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Supreme Court - Roster of Cases for Hearing

June 2013

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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, June 4, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2012-207606    Diane R. Henderson, f/k/a Diane M. Reed, Respondent, v. Summerville Ford-Mercury Inc. and Capital One Auto Finance, Inc., Defendants, Of whom Summerville Ford-Mercury Inc. is the, Appellant.

Robert Lawrence Reibold, of Walker & Reibold, LLC, of Columbia, for Appellant. Brooks Roberts Fudenberg, of Mt. Pleasant, and C. Steven Moskos, of Charleston, for Respondent.

Appellant contends the circuit court erred (1) in confirming an arbitration award where the parties had no justiciable controversy remaining, and (2) in applying the South Carolina Uniform Arbitration Act where the arbitration was conducted pursuant to the Federal Arbitration Act.

10:00 a.m. (Time Limits: 10-10-5)
2011-191878    Somjai Fung Fue Starnes, Petitioner, v. State of South Carolina, Respondent.

Rachael Ashley Dain, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General Salley W. Elliott and Assistant Attorney General Christina J. Catoe, all of Columbia, for Respondent.

The Court granted the petition for a writ of certiorari to review the dismissal, after a hearing, of Petitioner's second post-conviction relief (PCR) application.

10:30 a.m. (Time Limits: 10-10-5)
2012-211567    Omni Insurance Group, Appellant, v. La'Rissa Tidwell and Bristol West Insurance Company, Respondents.

Douglas Edward Leadbitter, of Blythewood, for Appellant. John S. Nichols, of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, Weston Adams, III and Charles O. Williams, III, both of McAngus Goudelock & Courie, LLC, of Columbia, Helen Faith Hiser, of McAngus Goudelock & Courie, LLC, of Mount Pleasant, and Melissa Garcia Mosier, of McWhirter, Bellinger & Associates, PA, of Lexington, for Respondents. Frank L. Eppes, of Eppes & Plumblee, PA, of Greenville, for Amicus Curiae, South Carolina Association for Justice.

A passenger in a vehicle was injured in an accident and sought to collect under the driver's automobile insurance policy, under which the passenger was neither a named insured nor a named insured's family member. The insurer tendered its liability limits to the passenger, and the passenger then sought to collect underinsured motorist (UIM) benefits under the policy. The insurer filed this declaratory judgment action against the passenger seeking a declaration that the policy's UIM provisions barred coverage for the passenger. Specifically, the insurer asked the circuit court to enforce a policy limitation prohibiting the passenger from collecting both liability and underinsured motorist benefits under the policy. The passenger's automobile insurer intervened, and it and the passenger moved for summary judgment. The circuit court granted the motion finding the policy provision relied on by the insurer void as a matter of law, and the insurer appealed.

Wednesday, June 5, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2012-209186    Preservation Capital Consultants, LLC, Respondent, v. First American Title Insurance Company, Appellant.

W. Cliff Moore, III, John Julius Pringle, Jr. and Shaun C. Blake, all of Ellis Lawhorne & Sims, PA, of Columbia, for Appellant. James W. Sheedy and Susan Elizabeth Driscoll, both of Driscoll Sheedy, P.A., of Charlotte, North Carolina, for Respondent.

Appellant contends that the trial court erred in interpreting various provisions of a title insurance policy to extend coverage to the insured.

10:00 a.m. (Time Limits: 10-10-5)
2012-212255    South Carolina Department of Social Services, Respondent, v. Christopher Pringle and Brandy Darby, Defendants, Of Whom Christopher Pringle, is the Appellant. In the Interest of Minor Children Under the Age of 18 Years.

Lawrence Keitt, of Orangeburg, for Appellant. Patrick L. Wright, of Orangeburg, for Respondent. James B. Jackson, Jr., of Nester & Jackson, PA, of Santee, for Guardian Ad Litem.

This is a direct appeal from a family court order finding appellant sexually abused two of his children. Appellant challenges the admissibility of a witness's testimony and the admissibility of the children's videotaped interview.

10:30 a.m. (Time Limits: 10-10-5)
2012-211933    The State, Respondent, v. Alirio Ortiz, Appellant.

Appellate Defender Kathrine Haggard Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, of Columbia, for Respondent.

After Appellant was indicted for two counts of assault and battery of a high and aggravated nature, he asserted immunity from prosecution under the "Protection of Persons and Property Act" (S.C. Code Ann. ยงยง 16-11-410 to -450 (Supp. 2012)). In a pre-trial order, the circuit court judge denied Appellant's motion, finding Appellant had not proven he was entitled to statutory immunity. In so ruling, the judge found: (1) Appellant was not attacked on his property; (2) Appellant was not in engaged in a lawful activity at the time of the incident; and (3) the use of deadly force was not necessary to prevent death or great bodily injury. On appeal, Appellant challenges the judge's order based on six assertions of error.

2:30 p.m. (Time Limits: 30-30-10)
2010-155629    Kiawah Development Partners, II, Respondent, v. South Carolina Department of Health and Environmental Control, Appellant, and South Carolina Coastal Conservation League, Appellant, v. South Carolina Department of Health and Environmental Control and Kiawah Development Partners, II, of whom South Carolina Department of Health and Environmental Control is, Appellant, and Kiawah Development Partners, II, is, Respondent.

Jacquelyn Sue Dickman, of Columbia, Davis Arjuna Whitfield-Cargile, of McDougall Law Firm, LLC, of Beaufort, Bradley David Churdar, of Charleston, Amy Elizabeth Armstrong, of Pawleys Island, and Robert T. Bockman, of Columbia, for Appellants. Gedney M. Howe, III, of Gedney M. Howe III, PA, of Charleston, and George Trenholm Walker, of Pratt-Thomas Walker, PA, of Charleston, for Respondent. Frank S. Holleman, III, of Southern Environmental Law Center, of Chapel Hill, North Carolina, Margaret B. Hoppin, J. Wesley Earnhardt and Michael P. Addis, all of New York, for Amicus Curiae, The South Carolina Nature-Based Tourism Association. Allen Mattison Bogan and Charles Mitchell Brown, both of Nelson Mullins Riley & Scarborough, LLP, Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Robert D. Cook and Assistant Attorney General Parkin Hunter, all of Columbia, for Amicus Curiae, Savannah River Maritime Commission. James B. Richardson, Jr., of Columbia, for Amicus Curiae, South Carolina Manufacturer's Alliance. Jordan R. Israel of Washington, DC, for Amicus Curiae, South Carolina Paddlesports Industry Association, Kayak Charleston, LLC, Friends of the Kiawah River and Inlet Cove Homeowners Association. Michael Robert Hitchcock, of Columbia, for Intervenors.

This case is an appeal from an administrative law court decision authorizing Respondent to construct a bulkhead and revetment on Captain Sam's Spit on Kiawah Island.

Thursday, June 6, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2011-205087    Thomas Chad Heaton, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for Petitioner. Ricky Keith Harris, of Spartanburg, for Respondent.

The Court granted the State's petition for a writ of certiorari to review the court of appeals' decision in Heaton v. State, Op. No. 2011-UP-456 (S.C. Ct. App. filed Oct. 13, 2011), which affirmed the grant of post-conviction relief (PCR) to Respondent. The State contends the court of appeals erred in affirming the PCR judge's decision that Respondent was not advised of the elements of the charges against him because the PCR judge erroneously limited consideration of the evidence to the plea transcript instead of examining the entire record.

10:00 a.m. (Time Limits: 10-10-5)
2012-210914    Anthony C. Odom, Appellant, v. Alan Wilson, in his official capacity as Attorney General of the State of South Carolina, J. Strom Thurmond, Jr., Barry Barnett, and Christina T. Adams, in their official capacities as South Carolina Circuit Solicitors, Respondents.

Tina Louise Morehouse Young, of Aiken, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for Respondent.

Anthony Odom filed a complaint against the Attorney General alleging vindictive prosecution and requesting a declaration that Section 16-15-342 of the South Carolina Code violates the equal protection clause of the United States and South Carolina Constitutions. He sought an injunction barring the continuance of his criminal prosecution. The circuit court dismissed the complaint and Odom appeals.

10:30 a.m. (Time Limits: 20-20-10)
2012-208587    The State, Respondent, v. Terry Dean Gregory, Appellant.

James Wofford Bannister and Alex R. Stalvey, both of Bannister & Wyatt, LLC, of Greenville, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Alphonso Simon, Jr., all of Columbia, and Solicitor William W. Wilkins, III, of Greenville, for Respondent.

Appellant argues that the circuit court erred in its analysis of Appellant's self-defense arguments and in the court's interpretation of section 16-11-440 and 16-11-450 of the South Carolina Code.

Tuesday, June 18, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2012-211949    Jennifer H. Turner, Appellant, v. Francis D. Daniels, Personal Representative of the Estate of Robert Leverne Gilmore, a/k/a Robert L. Gilmore, II, a/k/a Robert L. Gilmore, Jr., Francis D. Daniels, a/k/a Frank Daniels, individually and Patricia C. Daniels, a/k/a Patti Daniels, individually, Respondents.

Tracy L. Wright, of Willcox Buyck & Williams, PA, of Myrtle Beach, for Appellant. George M. Hearn, Jr., of Hearn & Hearn, PA, of Conway, for Respondent.

In this direct appeal, Appellant Jennifer H. Turner contends the circuit court erred in affirming the probate court's dismissal of her inheritance claim pursuant to Rule 12(b)(6), SCRCP. Specifically, Turner contends both the probate court and the circuit court misconstrued section 62-2-302 of the South Carolina Code, which is South Carolina's pretermitted child statute.

10:00 a.m. (Time Limits: 10-10-5)
2012-211922    B. Gibbs Leaphart, Jr., Appellant, v. J.B. Watts Company, Inc. and J.B. Watts, Respondents.

Thornwell F. Sowell, III and David Cochran Dick, Jr., both of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Appellant. Susan Taylor Wall, of McNair Law Firm, PA, of Charleston, for Respondent.

In this case, which arose out of an insurance coverage dispute, Appellant appeals the circuit court's order granting summary judgment in favor of Respondents, an independent insurance agency and its agent. Appellant contends the circuit court erred in finding his claims for breach of implied contract, negligence, breach of fiduciary duty, and violation of the South Carolina Unfair Trade Practices Act were barred by the statute of limitations.

Wednesday, June 19, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2011-197626    Cecil L. Josey, Jr., Respondent, v. Stanley D. Josey, Courtney Gamble, Spencer Josey, Elizabeth Ann Geddings, and Cecil L. Josey, Jr., as Trustee of the Josey Family Trust, Defendants, Of Whom Stanley D. Josey, is the Appellant, and Courtney Gamble, Spencer Josey, Elizabeth Ann Geddings and Cecil L. Josey, Jr., as Trustee of the Josey Family Trust, are Respondents.

Blake A. Hewitt and John S. Nichols, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. S. Bryan Doby, of Jennings & Jennings, P.A., of Bishopville, Daniel W. Stacy, Jr., of Oxner & Stacy, PA, of Pawleys Island, and Deborah Harrison Sheffield, of Columbia, for Respondents.

A co-tenant appeals from an action to partition real and personal property he owned with several family members and a family trust. A special referee awarded a parcel of real property to the respondents and awarded the appellant personal property located thereon. Appellant contends the special referee erred in denying him his statutory right of first refusal to purchase the real property and inequitably apportioned the property in awarding the real property to the respondents and awarding the personal property to appellant where he was required to remove the personal property at his own expense within 180 days.

10:00 a.m. (Time Limits: 10-10-5)
2012-205686    The State, Respondent, v. Anthony Wade, Appellant.

Chief Appellate Defender Robert Michael Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

Appellant argues that the circuit court judge abused his discretion in finding that Appellant was not entitled to immunity from prosecution under section 16-11-410 of the South Carolina Code.

10:30 a.m. (Time Limits: 15-15-5)
2011-192746    The State, Respondent, v. Karriem Provet, Petitioner.

Tricia A. Blanchette, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, all of Columbia, and Solicitor William W. Wilkins, III, of Greenville, for Respondent.

The Court granted Petitioner's writ of certiorari to review a Court of Appeals decision affirming his conviction. Petitioner contends the Court of Appeals erred when it found Petitioner's traffic stop was not unreasonably extended and Petitioner consented to the search of his vehicle.