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Supreme Court - Roster of Cases for Hearing

November 2012

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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, October 30, 2012
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2012-210806    Suzanne Roerig Mendenall, Personal Representative of the Estate of Everette Eugene Mendenall, Plaintiff, v. Anderson Hardwood Floors, LLC, Shaw Industries, Inc., and Shaw Industries Group, Inc., Defendants.

Stephen L. Brown and Russell Grainger Hines both of Young Clement Rivers, LLP both of Charleston, for Defendants. John P. Freeman of Columbia, for Plaintiff, Randolph Murdaugh, IV and Ronnie L. Crosby, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, PA of Hampton, Paul N. Siegel of Walterboro all for Plaintiff.

The United States District Court for the District of South Carolina asks the Court to determine whether South Carolina recognizes the "dual persona" doctrine.

10:00 a.m. (Time Limits: 10-10-5)
2011-183007    Bennett & Bennett Construction Inc., Respondent, v. Auto Owners Insurance Company, Appellant.

John Lucius McCants of Ellis Lawhorne & Sims, PA of Columbia, for Appellant. Edwin Russell Jeter, Jr. of Jeter & Williams, PA of Columbia, for Respondent

Respondent, a contractor, obtained a default judgment against a subcontractor for damages suffered due to the subcontractor's masonry work. Respondent then filed suit against appellant, who insured the subcontractor through a commercial general liability policy, seeking a declaratory judgment that appellant must indemnify the contractor under that policy. The circuit court entered a declaratory judgment in favor of respondent, holding that none of the policy exclusions applied. Appellant now argues the circuit court erred in holding exclusion J(5) and exclusion (N) do not bar coverage.

10:30 a.m. (Time Limits: 15-15-5)
2010-178686    The State, Respondent, v. Andrew Lee Harrison, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, and Janna A. Nelson, of Greenwood, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General William M. Blitch, Jr., all of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent.

Appellant contends that the penalty portion of section 56-5-1210 of the South Carolina Code constitutes cruel and unusual punishment, and thus, violates the Eighth Amendment to the United States Constitution.

Wednesday, October 31, 2012
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2010-174086    Wachovia Bank, N.A., Petitioner, v. Ann T. Coffey and Bank of America, N.A., Respondents.

Hamilton Osborne, Jr., James Y. Becker and Sarah P. Spruill, all of Haynsworth Sinkler Boyd, P.A., of Columbia, for Petitioner. Gregory M. Alford and Curtis L. Coltrane, both of Alford, Wilkins & Coltrane, LLC, of Hilton Head Island, for Respondents.

The Court granted certiorari to consider the Court of Appeals decision which held that the mortgage lender's legal and equitable remedies were barred because the mortgage was closed without the participation of an attorney.

10:00 a.m. (Time Limits: 15-15-5)
2010-175826    The State, Petitioner, v. Danny Cortez Brown, Respondent.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark Reynolds Farthing, all of Columbia, and J. Gregory Hembree, of Conway, for Petitioner. David Alexander of Columbia, for Respondent.

We granted the State's petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Brown, 389 S.C. 473, 698 S.E.2d 811 (Ct. App. 2010), in which the court found the trial judge committed reversible error by denying the defendant's motion to suppress drug evidence obtained during a traffic stop. The State argues (1) the evidence inevitably would have been discovered, and (2) the officer conducted a search incident to arrest in compliance with the controlling legal precedent in effect at the time of the search.

10:30 a.m. (Time Limits: 10-10-5)
2011-186286    In the Interest of Tracy B., A Minor Under the Age of Seventeen, Petitioner.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and 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 In re Tracy B., 391 S.C. 51, 704 S.E.2d 71 (Ct. App. 2010), in which Petitioner's family court adjudication as a delinquent for murder, unlawful possession of a handgun, and unlawful possession of a handgun by a minor were affirmed. Petitioner contends the family court erred in failing to suppress an inculpatory statement and failing to find that he acted in self-defense.

Tuesday, November 13, 2012
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2010-171946    Cathy C. Bone, Respondent, v. U.S.Food Service and Indemnity Insurance Company of North America, Petitioners.

Carmelo Barone Sammataro and Michael E. Chase, both of Turner Padget Graham & Laney, PA, of Columbia, for Petitioner. John S. Nichols and Blake Alexander Hewitt, both of Bluestein Nichols Thompson & Delgado, LLC of Columbia, for Respondent.

In this workers' compensation appeal, the employer and its carrier (Petitioners) appealed from a circuit court order that remanded the matter to the Workers' Compensation Commission for further proceedings. The Court of Appeals dismissed the appeal as interlocutory, and this Court affirmed. We have now granted a petition for rehearing filed by Petitioners.

10:00 a.m. (Time Limits: 20-20-10)
2009-143966    The State, Respondent, v. Billy Wayne Cope, Petitioner.

James M. Morton and Michael B. Smith, both of Morton & Gettys, LLC, of Rock Hill, David I Bruck, of Lexington, VA and Steven A. Drizin, of Chicago, IL, all for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia and Kevin S. Brackett, of York, for Respondent.

This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Cope, 385 S.C. 274, 684 S.E.2d 177 (2009), affriming Cope's convictions for murder, two counts of first degree criminal sexual conduct, unlawful conduct towards a child, and criminal conspiracy.

10:30 a.m. (Time Limits: 20-20-10)
2010-180666    2010-180666 Laurance H. Davis, Jr. v. Parkview Apartments; 2010-180087 Laurance H. Davis, Jr. v. Palmetto Apartments; 2010-180086 Laurance H. Davis, Jr. v. Roosevelt Gardens; 2010-180088 Carolina Management v. Pinewood Park; 2010-176826 Rhoda Rentz v. Orleans Gardens

Thomas A. Pendarvis, of Pendarvis Law Offices, P.C., of Beaufort, Joel D. Bailey, of The Bailey Law Firm, P.A., of Beaufort, for Appellant. Ellis M. Johnston, II, of Haynsworth Sinkler Boyd, P.A., of Greenville, Calvin Theodore Vick, Jr., of Harper Lambert & Brown, P.A., of Greenville, for Respondent.

In this appeal from the dismissal of these related cases, Appellants contend the circuit court erred in dismissing the cases and awarding sanctions against Appellants after incorrectly finding that certain discovery was not protected by the attorney-client privilege, and therefore should have been submitted to Respondents, and that other discovery responses were incomplete and inadequate. Moreover, Appellants maintain the circuit judge was disqualified from hearing these cases from the outset and should have recused himself.

Wednesday, November 14, 2012
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2010-178066    Sheep Island Plantation, LLC, Respondent, v. Bar-Pen Investments, LLC, Petitioner.

Charles S. Altman and Meredith L. Coker, both of Altman & Coker, LLC, William L. Howard, Sr. and Russell Grainger Hines, both of Young Clement Rivers, LLP, all of Charleston, for Petitioner. Thomas C. Nelson and Stephan V. Futeral, both of Futeral & Nelson, LLC of Mt. Pleasant, for Respondent.

Petitioner seeks review of a Court of Appeals decision that reversed the trial court's grant of a directed verdict in favor of Petitioner. Petitioner asserts that the evidence cannot support an inference that Petitioner repudiated the parties' contract, that the contract's extension clause could have been invoked automatically, or that conditions precedent had been met for invocation of the extension clause. Petitioner also argues that the Court of Appeals improperly exercised appellate jurisdiction because Respondent failed to timely serve its notice of appeal from the grant of directed verdict.

10:00 a.m. (Time Limits: 10-10-5)
2010-161526    The State, Respondent, v. Marques Hudson, Petitioner.

Appellate Defender LaNelle Cantey DuRant of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General David A. Spencer of Columbia, and Solicitor Robert Mills Ariail of Greenville, for Respondent.

This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Hudson, Op. No. 2010-UP-141 (S.C. Ct. App. filed Feb. 22, 2010), in which Petitioner's conviction and sentence for infliction of great bodily injury upon a child were affirmed. Petitioner contends the Court of Appeals erred in holding that assault and battery of a high and aggravated nature (ABHAN) is not a lesser-included offense of inflicting great bodily injury on a child.

10:30 a.m. (Time Limits: 10-10-5)
2009-149126    Too Tacky Partnership, Petitioner, v. South Carolina Department of Health and Environmental Control and Mayo Read, Jr., Respondents.

John Page Seibels, Jr. and Jason Scott Luck, both of The Seibels Law Firm, P.A. of Charleston, for Petitioner. Stephen P. Groves and Richard L. Tapp, Jr., both of Nexsen Pruet, LLC, of Charleston, Jackie Dickman and Bradley D. Churdar, both of S.C. Department of Health and Environmental Control, for Respondents.

This Court granted a petition for a writ of certiorari to consider the court of appeals decision in Too Tacky Partnership v. S.C. Dep't of Health and Envtl. Control, 386 S.C. 32, 686 S.E.2d 194 (Ct. App. 2009), in which the court of appeals affirmed DHEC's issuance of a critical area permit to Respondent to construct a recreational, joint-use dock.

Thursday, November 15, 2012
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2010-173067    The State, Respondent, v. David M. Rocquemore, Petitioner.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Deputy Attorney General Deborah R.J. Shupe, all of Columbia, and Solicitor Scarlett Anne Wilson of Charleston, for Respondent.

Rocquemore was indicted for murder and possession of a firearm during a crime of violence, tried, and convicted of possession of a firearm during a crime of violence and the lesser included offense of voluntary manslaughter. During the trial, Rocquemore learned that a juror was related to an assistant solicitor and had been in communication with the assisstant solicitor during the trial. Rocquemore moved to have the juror removed from the jury, and the circuit court granted that motion. Rocquemore also moved for a mistrial, and the circuit court denied that motion. Rocquemore appeals the court of appeals affirmance of the circuit court's denial of his motion for a mistrial.

10:00 a.m. (Time Limits: 15-15-5)
2010-172951    The State, Respondent, v. Mark Baker, Petitioner.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr., all of Columbia, and Solicitor Ernest Adolphus Finney, III of Sumter, for Respondent.

Petitioner was convicted of four counts of lewd act on a minor. On appeal, Petitioner argues that (1) the indictments against him were vague and overbroad, and (2) a victim assistance officer from the Sumtter County Sheriff's Department should not have been qualified as an expert in forensic interviewing.

10:30 a.m. (Time Limits: 15-15-5)
2011-183009    The State, Respondent, v. Derrick Lamar Cheeks, Appellant.

J. Falkner Wilkes, of Greenville, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Julie Kate Keeney, all of Columbia, and Solicitor Barry J. Barnette, of Spartanburg, for Respondent.

Appellant contends in this direct appeal that the trial court improperly permitted the introduction of evidence obtained in violation of his rights under the Fourth Amendment because the search warrant failed to identify the place to be searched. Appellant also challenges the trial court's jury charge that actual knowledge of the presence of drugs is stong evidence of intent to control their use or distribution.

 

Cases to be Submitted Without Oral Argument

Reginald Clea, Petitioner, v. State of South Carolina, Respondent.

James B. Richardson, Jr., of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Megan Elizabeth Harrigan, both of Columbia, for Respondent.

John Curtis McCoy, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Suzanne Hollifield White, all of Columbia, for Respondent.