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October 2014

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 7, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2014-000324    In the Matter of Cynthia E. Collie, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara Marie Seymour, both of Columbia, for the Office of Disciplinary Counsel. Chalmers Carey Johnson, of Port Orchard, Washington, for Respondent.

This is a disciplinary action.

10:00 a.m.           (Time Limits: 10-10-5)
2012-212983    The State, Respondent, v. Christopher Heller, Petitioner.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General J. Anthony Mabry and Solicitor Daniel E. Johnson, all of Columbia, for Respondent.

The Court granted certiorari to review the Court of Appeals' decision in State v. Heller, 399 S.C. 157, 731 S.E.2d 312 (Ct. App. 2012). Petitioner was convicted of murder and assault and battery with intent to kill and argues that the Court of Appeals erred in holding that the admission of Petitioner's prior drug convictions pursuant to Rule 609(a)(1), SCRE, was harmless error.

Wednesday, October 8, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2011-188346    AJG Holdings, LLC, Stalvey Holdings, LLC, David Croyle, Linda Croyle, Jean C. Abbott, Lynda T. Courtney, Sumter L. Langston, Diane Langston, Carl B. Singleton, Jr., Virginia M. Owens and Stoney Harrelson, Respondents, v. Levon Dunn, Pamela S. Dunn and Robin H. Sasser and Charles E. Sasser, as Personal Representatives for the Estate of Helen Sasser, Petitioners.

Stephen P. Groves, Sr., of Nexsen Pruet, LLC, of Charleston, for Petitioners. Jack M. Scoville, Jr., of Georgetown, for Respondent.

In this appeal, the Court reviews the court of appeals' decision in AJG Holdings LLC v. Dunn, 392 S.C. 160, 708 S.E.2d 218 (Ct. App. 2011).

10:00 a.m.           (Time Limits: 15-15-5)
2012-212605    Margaree Maple, Petitioner, v. Heritage Healthcare of Ridgeway, and Phoenix Insurance Company, Carrier, Respondents.

Preston F. McDaniel, of McDaniel Law Firm, of Columbia, for Petitioner. Richard Daniel Addison, of Hedrick, Gardner, Kincheloe & Garofalo, of Columbia, for Respondents.

This workers' compensation case involves whether an employee's alleged falsification of a work excuse permits the employer to deny her temporary total disability pay.

10:30 a.m.           (Time Limits: 10-10-5)
2012-212981    The State, Petitioner, v. Bryant Kinloch, Respondent.

Attorney General Alan Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Petitioner. Appellate Defender Kathrine H. Hudgins, of Columbia, for Respondent.

This is a Fourth Amendment case regarding the lawfulness of a search warrant. We granted certiorari to review the Court of Appeals' decision in State v. Kinloch, Op. No. 2012-UP-432 (S.C. Ct. App. filed July 18, 2012), which affirmed the circuit court's grant of Kinloch's motion to suppress.

Thursday, October 9, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2013-001128    In the Interest of Kemon P., a Juvenile Under the Age of Seventeen, Appellant.

Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General J. Benjamin Aplin, both of Columbia, and Solicitor David Matthew Stumbo, of Greenwood, for Respondent.

In this direct appeal, the Court considers whether a mandatory lifetime sex offender registry requirement violates the constitutional prohibition against cruel and unusual punishment when applied to a juvenile offender.

10:00 a.m.           (Time Limits: 10-10-5)
2012-213378    South Carolina Department of Transportation, Respondent, v. Janell P. Revels and R.J. Poston, Jr., Landowners, and John Doe and Mary Roe, representing all unknown persons having or claiming to have any right, title or interest in or to, or lien on the lands described herein, including all unknown heirs of Reamer J. Poston, Sr. a/k/a/ R.J. Poston Sr., deceased, Unknown Claimants, Of whom Janell P. Revels and R.J. Postons are, Petitioners.

Gene M. Connell, Jr., of Kelaher, Connell & Connor, PC, of Surfside Beach, for Petitioners. Beacham O. Brooker, Jr., of South Carolina Department of Transportation, of Columbia, for Respondent.

The Court granted certiorari to review the Court of Appeals' decision in S.C. Dep't of Transp. v. Revels, 399 S.C. 423, 731 S.E.2d 897 (Ct. App. 2012), wherein the court affirmed the circuit court's ruling that landowners, who prevailed in a condemnation action, were entitled to attorney's fees based on an hourly rate rather than a contingency fee agreement.

Wednesday, October 22, 2014
Supreme Court Courtroom

10:00 a.m.           (Time Limits: 10-10-5)
2014-000965    1634 Main, LP, Appellant, v. Shirley Hammer, Respondent, v. Howard Hammer, Appellant, and Howard Hammer, Appellant, v. Shirley Hammer, Respondent.

Thomas W. Bunch, II, of Robinson, McFadden & Moore, P.C., of Columbia and Arthur K. Aiken, of Aiken & Hightower, P.A., of Columbia, for Appellants. Desa Ballard, of Ballard & Watson, of West Columbia, for Respondent.

The appellants appeal the master-in-equity's order transferring interests in property to the respondent arguing the transfer was violative of the rules of civil procedure, the South Carolina Code, and the United State and South Carolina Constitutions. The appellants also contend the master lacked personal jurisdiction over them and erred in awarding sanctions under the Frivolous Civil Proceedings Sanctions Act.

Cases to be Submitted Without Oral Argument

Blue Star Rental & Sales, Inc., Appellant, v. Ridge Environmental, LLC, Respondent.

Tucker S. Player, of Player Law Firm, LLC,of Columbia, and R. Randy Edwards, of Smyrna, Georgia, for Appellant. Ridge Environmental, LLC, Respondent, not represented by counsel.