Supreme Court of South Carolina
Event Date and Time: Wednesday, October 17, 2018 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, October 17, 2018
09:30 a.m. 2016-002204 The State, Petitioner, v. Jimmy Turner, Respondent.
Attorney General Alan Wilson, Senior Assistant Deputy Attorney General J. Benjamin Aplin, both of Columbia and Solicitor E.L. Clements, III, of Florence, for Petitioner. Appellate Defender David Alexander, of Columbia, for Respondent.
The Court granted certiorari to review the Court of Appeals' decision in State v. Turner, Op. No. 2016-UP-411 (S.C. Ct. App. filed September 21, 2016), in which the Court of Appeals (1) reversed the trial court's decision to admit an expert witness's testimony that she recommended the alleged victim seek therapy and have no contact with the alleged perpetrator, and (2) determined that the trial court's decision to admit the testimony was not harmless error.
10:00 a.m. 2017-001638 The South Carolina Public Interest Foundation and Edward D. Sloan, Jr., individually and on behalf of all others similarly situated, Appellants, v. The South Carolina House of Representatives; the South Carolina Senate; the Honorable James H. "Jay" Lucas, as Speaker of the South Carolina House of Representatives; the Honorable Hugh K. Leatherman, Sr., in his capacity as President Pro Tempore of the South Carolina Senate; and the State of South Carolina, Respondents.
James G. Carpenter, of Greenville, for Appellant. A. Mattison Bogan and Matthew A. Abee, both of Nelson Mullins Riley & Scarborough, LLP, and Kenneth M. Moffitt, all of Columbia, Paul D. Harrill and Bradley S. Wright, both of McNair Law Firm, P.A, of Columbia, Attorney General Alan Wilson, Solicitor General Robert D. Cook and Deputy Solicitor General J. Emory Smith, Jr., all of Columbia, for Respondents.
The Court considers an Article III, Section 17 challenge to Act 275 of the South Carolina General Assembly.
10:30 a.m. 2016-002150 Lynne Vicary, Kent Prause, and South Carolina Coastal Conservation League, Petitioners, v. Town of Awendaw, and EBC, LLC, Defendants, Of whom Town of Awendaw is the Respondent.
Christopher K. DeScherer, Catherine M. Wannamaker, both of Southern Environmental Law Center and W. Jefferson Leath, Jr., of Leath Bouch & Seekings, LLP, all of Charleston, for Petitioner. Newman Jackson Smith, of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Respondent.
The Court granted certiorari to review the court of appeals' decision holding Petitioners Lynne Vicary, Kent Prause, and the South Carolina Coastal Conservation League lacked standing to challenge Respondent Town of Awendaw's annexation of a tract of land and a separate ten-foot strip of land in the Francis Marion National Forest.
11:00 a.m. 2016-002523 The State, Respondent, v. Daniel Martinez Herrera, Petitioner.
Appellate Defender LaNelle Cantey DuRant, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Jonathan Scott Matthews, both of Columbia and Solicitor David Matthew Stumbo, of Greenwood, for Respondent.
The Court issued a writ of certiorari to review the court of appeals' decision in State v. Herrera, Op. No. 2016-UP-424 (S.C. Ct. App. filed Oct. 12, 2016).
Thursday, October 18, 2018
09:30 a.m. 2018-000395 Gerard E. Ziegler; Brenda Barrington III; James Stephen Greene, Jr.; William A. Harbeson; David Messinger; South Carolina Public Interest Foundation; and Dorchester County Taxpayers Association, individually, and on behalf of all others similarly situated, Appellants, v. Dorchester County; Dorchester County Council; Charles D. Chinnis, George H. Bailey, Sr., Jay Byars, Willie R. Davis, Carroll S. Duncan, Larry Hargett and William R. Hearn, Jr., in their official capacities as members of Dorchester County Council, Respondents.
W. Andrew Gowder, Jr., of Austen & Gowder LLC, of Charleston and Michael T. Rose, of Mike Rose Law Firm, PC, of Summerville, for Appellants. Steve A. Matthews, of Haynsworth Sinkler Boyd, P.A., of Columbia, for Respondents.
This appeal is before the Court pursuant to Rule 203 of the South Carolina Appellate Court Rules. The Court reviews the circuit court's dismissal of Appellants' complaint.
10:00 a.m. 2017-000727 The State, Respondent, v. Jalann Lee Williams, Petitioner.
Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General Melody J. Brown and Assistant Attorney General Sherrie Butterbaugh, all of Columbia and Solicitor Scarlett Wilson, of Charleston, for Respondent.
Jalann Lee Williams was convicted of murder and possession of a weapon during the commission of a violent crime. The court of appeals affirmed. State v. Williams, Op. No. 2017-UP-015 (S.C. Ct. App. filed Jan. 11, 2017). The Court issued a writ of certiorari to address whether the trial court erred in refusing to charge the jury on self-defense.
10:30 a.m. 2017-002146 Ex Parte: Hartford Fire Insurance Company, Hartford Casualty Insurance Company, National Fire & Marine Insurance Company, Bitco General Insurance Corporation, Selective Insurance Company of South Carolina, and Nationwide Mutual Insurance Company f/k/a Harleysville Insurance Company, Appellants, In Re: The Harbour Cove Condominium Association, Plaintiff, v. Centex Homes, a Nevada General Partnership, Centex Construction Company, Inc., Centex Construction, LLC, Centex-Rooney Construction Co., Inc., Centex-Rodgers, Inc., Right Way Group Inc., RWG, Inc., RWGR, Inc., South Carolina State Plastering, LLC, Georgia State Plastering, LLC, Florida State Plastering, LLC Coastal Drywall, Inc., d/b/a Coastal Plaster Systems, Lundy Dowell d/b/a Coastal Plaster Systems, Martin Masonry, Inc., Roof Doctor of the Carolinas, Inc., Richard Blackwell d/b/a Synthetic Designs, Ferst Plastering, Inc., a/k/a Ferst Exteriors, Inc., Coastal Tinting, Inc., BR Brick & Masonry, Inc., Model Home Interiors, Inc., Gary Hunnell d/b/a Grand Strand Roofing, Steven Bosch d/b/a The Roofer Man, Frank Harris d/b/a Frank Harris Construction, Carl Williamson d/b/a Williamson Construction & Waterproofing, Stock Building Supply, LLC, f/k/a Stock Building Supply, Inc., and Morningstar Consultants, Inc., Defendants, Of whom The Harbour Cove Condominium Association, is the Respondent.
Mark S. Barrow, Everett A. Kendall, II, and Christy E. Mahon, all of Sweeny, Wingate & Barrow, P.A., of Columbia, Steven M. Klepper, of Kramon & Graham, P.A., of Baltimore, Maryland, John L. McCants, of Rogers Lewis Jackson Mann & Quinn, LLC, of Columbia, Lawrence M. Hunter, Jr., of Hunter & Foster, P.A., of Greenville, Robert C. Calamari, of Nelson Mullins Riley & Scarborough, LLP, of Myrtle Beach, for Appellants. Phillip W. Segui, Jr. and Amanda M. Blundy, both of Segui Law Firm, PC, of Mt. Pleasant, John T. Chakeris and M. Abigail Young, both of The Chakeris Law Firm, of Charleston and Shaun W. Cranford, of Cranford Law, of Columbia, for Respondent.
The Court considers the trial court's denial of an insurer's motion to intervene in a construction defect suit.
11:00 a.m. 2017-002538 Wilmot Shaw, Plaintiff, v. Psychemedics Corporation, Defendant.
Donald Gist and Aaron Wallace, both of Gist Law Firm, PA, of Columbia, for Plaintiff. S. Michael Nail and Matthew K. Johnson, both of Ogletree, Deakins, Nash, Smoak & Stewart, of Greenville; and Michael Clarkson, of Ogletree, Deakins, Nash, Smoak & Stewart, pro hac vice of Boston, MA, for Defendant.
The United States District Court for the District of South Carolina asks this Court to determine, under South Carolina law, whether a drug testing laboratory that has a contract with an employer to conduct and evaluate drug tests owe a duty of care to the employees who are subject to the testing so as to give rise to a cause of action for negligence for failure to properly and accurately perform the test and report the results.
Wednesday, October 24, 2018
The Supreme Court Historical Society Ceremony