Supreme Court of South Carolina
Event Date and Time: Wednesday, May 23, 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, May 23, 2018
09:30 a.m. 2016-002146 The State, Respondent, v. Joshua William Porch, Petitioner.
Matthew A. Abee, William C. Wood, Jr. and Carolina Gimenez, all of Nelson Mullins Riley & Scarborough LLP, and Chief Appellate Defender Robert M. Dudek, all of Columbia, for Petitioner. Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown, Senior Assistant Attorney General Anthony Mabry, Senior Assistant Attorney General William Edgar Salter, III and Solicitor Daniel E. Johnson, all of Columbia, for Respondent.
After a jury found Joshua William Porch guilty of murder, he appealed raising two issues: (1) his arrest warrant was void under Franks v. Delaware because police officers omitted exculpatory information, and (2) the trial court violated the Confrontation Clause in the way it allowed his interrogation videotape to be used at trial. The court of appeals affirmed Porch's conviction. State v. Porch, 417 S.C. 619, 790 S.E.2d 440 (Ct. App. 2016). The Court granted certiorari to review the court of appeals decision.
10:00 a.m. 2017-000096 The State, Respondent, v. James Kevin Bethel, Jr., Petitioner.
Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown, Assistant Attorney General Alphonso Simon, Jr. and Solicitor Daniel Edward Johnson, all of Columbia, for Respondent.
James Kevin Bethel was indicted for and convicted of murder and attempted murder. Bethel appealed his conviction, and the court of appeals affirmed. State v. Bethel, Op. No. 2016-UP-473 (S.C. Ct. App. filed Nov. 9, 2016). Bethel argues the trial court erred in refusing to charge the jury on the lesser offense of involuntary manslaughter.
Thursday, May 24, 2018
09:30 a.m. 2016-002343 Allen Patterson, Steve Tilton, Richard Sendler, Lincoln Privette, Marc Ellis, Joey Carter, Barry Davis, Michael Nieri, Allen Patterson Residential LLC, Tilton Group, Sendler Construction Co., Inc., Privette Enterprises, Ellis Construction Co., Inc., The Barry Davis Company, Inc., Great Southern Homes, and J. Carter, LLC ,on behalf of themselves and others similarly situated, Petitioners, v. Herb Witter, Colin Campbell, Eddie Weaver, Tom Markovich, Keith Smith, Jim Gregorie, individually and as Trustees of the South Carolina Homes Builders Self Insurers Fund, and the South Carolina Home Builders Self Insurers Fund, Respondents.
James Edward Bradley and S. Jahue Moore, both of Moore Taylor Law Firm, PA, of West Columbia, for Petitioners. William W. Wilkins and Burl F. Williams, both of Nexsen Pruet, LLC, of Greenville, James Lynn Werner and Lawrence M. Hershon, both of Parker Poe Adams & Bernstein, LLP, and Pope D. Johnson, of Johnson & Barnett LLP, all of Columbia, for Respondents.
The Court reviews the court of appeals' decision in Patterson v. Witter, 418 S.C. 66, 791 S.E.2d 294 (Ct. App. 2016).
10:00 a.m. 2017-000470 Gene Gibbs, Respondent, v. Jill Roberts Gibbs, Petitioner.
J. Falkner Wilkes, of Greenville, for Petitioner. Philip James Temple and Bobby H. Mann, Jr., both of Temple and Mann, of Greenville, for Respondent.
The Court reviews whether the court of appeals erred in affirming the family court's denial of alimony, its distribution of marital assets, and its denial of the wife's award of attorney's fees and costs.
10:30 a.m. 2017-000545 Melissa Spalt, Respondent, v. South Carolina Department of Motor Vehicles and South Carolina Department of Public Safety, Defendants, Of whom South Carolina Department of Motor Vehicles is the Petitioner.
Frank L. Valenta, Jr., Philip S. Porter and Brandy A. Duncan, all of Blythewood, for Petitioner. Michael Laubshire, of Columbia, for Respondent.
The Court reviews the court of appeals' dismissal of Petitioner's appeal. Spalt v. SCDMV, Op. No. 2016-UP-475 (S.C. Ct. App. filed November 9, 2016).
11:00 a.m. 2016-002312 Juan Michael Ramirez, Petitioner, v. Progressive Northern Insurance Company, Respondent.
Edwin L. Turnage, of Harris & Graves, PA, of Greenville, for Petitioner. J.R. Murphy, of Murphy & Grantland, PA, of Columbia. for Respondent.
The Court granted certiorari to review the court of appeals' decision in Ramirez v. Progressive N. Ins. Co., Op. No. 2016-UP-280 (S.C. Ct. App. filed June 8, 2016), holding that the circuit court correctly found that Ramirez was not eligible to stack uninsured motorist coverage.