Supreme Court of South Carolina

 

Live event will begin  Wednesday, May 29, 2019 at 9:30 AM

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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.

Wednesday, May 29, 2019

09:30 a.m.  2019-000147   Glenn Odom, Respondent, v. Town of McBee Election Commission and Shilon Green, Appellants.

Martin S. Driggers, Jr. and Richard E. McLawhorn, Jr., both of Sweeny, Wingate & Barrow, P.A., of Hartsville and Karl S. Bowers, Jr., of Bowers Law Office, LLC, of Columbia, for Appellants. Kathleen C. Barnes, of Barnes Law Firm, LLC, of Hampton, John E. Parker and William F. Barnes, III, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for Respondent.

This appeal concerns Odom's contest to the Town of McBee's town council election based on challenged votes that were not counted. The McBee Municipal Election Commission invalidated the election and ordered a new election. The circuit court overturned the Commission and remanded the proceedings to the Commission to count the challenged votes and announce Odom as the prevailing candidate. The Court reviews the circuit court's decision.

10:00 a.m. 2018-000235   Wadette Cothran and Chris Cothran, Petitioners, v. State Farm Mutual Automobile Insurance Company and Robert Tucker, Defendants, Of which State Farm Mutual Automobile Insurance Company is the Respondent.

Charles Logan Rollins II, of the Hawkins Law Firm, of Spartanburg, for Petitioner. Charles R. Norris, Robert William Whelan and C. Mitchell Brown, all of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Respondents.

The Court granted certiorari to review the court of appeals' published opinion. Cothran v. State Farm Mut. Auto. Ins. Co., 421 S.C. 562, 808 S.E.2d 824 (Ct. App. 2017).

10:30 a.m.  2017-002372   The State, Respondent, v. Jake Dale Lake, Petitioner.

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General William Frederick Schumacher, IV , both of Columbia, and Solicitor S. R. Hubbard, III, of Lexington, for Respondent.

The Court granted a writ of certiorari to review the court of appeals' dismissal of Petitioner's belated direct appeal involving the issues of hybrid representation and abandonment of counsel.

Thursday, May 30, 2019

09:30 a.m. 2018-000475   3109 Hwy. 25 S., L.L.C. d/b/a 25 Drive-In and Tommy McCutcheon, Respondents, v. Duke Energy Carolinas, LLC, Appellant.

Frank R. Ellerbe, III and Samuel J. Wellborn, both of Sowell Gray Robinson Stepp & Laffitte, LLC, of Columbia and Rebecca J. Dulin, of Duke Energy Carolinas, LLC, of Columbia, for Appellant. Alexander G. Shissias and John J. Fantry, Jr., both of The Shissias Law Firm, LLC, of Columbia, for Respondents.

In this direct appeal, Duke Energy Carolinas, LLC (DEC) appeals the order of the Public Service Commission of South Carolina, arguing the Commission erred in requiring DEC to return the electric service account for Respondents' business from the standard DEC rate to a previous rate.

10:00 a.m.  2015-001097   The State, Respondent, v. Terry Edward McCall, Appellant.

Appellate Defender Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General William M. Blitch, Jr., of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

In this criminal appeal, Terry Edward McCall appeals his conviction of Felony Driving Under the Influence (Resulting in Great Bodily Injury). On appeal, McCall argues (1) South Carolina's implied consent statute is unconstitutional, (2) the circuit court erred in denying his motion to suppress the evidence obtained from the warrantless collection of his blood and urine, (3) the circuit court abused its discretion in denying his motion for a continuance after the circuit court granted his motion to relieve counsel midtrial, and (4) his Sixth Amendment right to counsel was violated when the circuit court granted his motion to relieve counsel without conducting a proper hearing pursuant to Faretta v. California.

10:30 a.m.  2018-000506   Charles Thomas Hobbs and Mary Hobbs, Petitioners, v. Fairway Oaks Homeowners Association, Respondent.

Raymond Talmage Wooten, of Smith, Jordan and Lavery, PA, of Easley, for Petitioner. John Robert Murphy, Wesley B. Sawyer and Elliott B. Daniels, of Murphy & Grantland, PA, of Columbia, for Respondent.

Charles Thomas Hobbs and Mary Hobbs appeal a circuit court order granting summary judgment to Fairway Oaks Homeowners Association for the Hobbs' claim that Fairway Oaks was liable for injuries Charles Hobbs sustained when an independent contractor negligently removed a damaged tree limb in the neighborhood common area. On appeal, the Hobbs argue the circuit court erred by holding Fairway Oaks did not owe a nondelegable duty when performing maintenance to its common area.