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November 2017



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, November 14, 2017
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2016-000749    Kyle Pertuis, Respondent, v. Front Roe Restaurants, Inc., Beachfront Foods, Inc., Lake Point Restaurants, Inc., Mark Hammond and Larkin Hammond, Petitioners.

Blake A. Hewitt, of Bluestein Thompson Sullivan, LLC, of Columbia and Curtis Stodghill, of Stodghill Law Firm, of Greenville, for Petitioners. Robert C. Wilson, Jr., of Greenville, for Respondent.

The Court reviews the court of appeals' decision in Pertius v. Front Roe Restaurants, Inc., Op. No. 2016-UP-091 (S.C. Ct. App. Filed Feb. 24, 2016).

10:00 a.m.           (Time Limits: 10-10-5)
2016-000588    David R. Gooldy, Petitioner, v. The Storage Center-Platt Springs, LLC, Respondent.

James Randall Davis, of Davis Frawley Anderson McCauley Ayer Fisher & Smith, LLC, of Lexington, for Petitioner. Robert E. Stepp and Bess Jones DuRant, both of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Respondent.

Petitioner David Gooldy challenges the court of appeals' opinion reversing the master-in-equity's order finding Gooldy had an easement over the property of Respondent Storage Center-Platt Springs, LLC.

10:30 a.m.           (Time Limits: 15-15-5)
2016-001079    Stephen Smalls, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Jessica Kinard, both of Columbia, for Respondent.

The Court reviews the court of appeals' decision to deny post-conviction relief. See Smalls v. State, 415 S.C. 490, 783 S.E.2d 817 (Ct. App. 2016).

Wednesday, November 15, 2017
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2016-001306    The State, Respondent, v. Gerald Barrett, Jr., Petitioner.

Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor Isaac McDuffie Stone, III, of Bluffton, all for Respondent.

The Court granted certiorari to review the court of appeals' decision to affirm the trial court's qualification of a forensic interviewer as an expert in child sexual abuse characteristics and behavior.

10:00 a.m.           (Time Limits: 15-15-5)
2014-001462    The State, Respondent, v. Elias James Walker, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William F. Schumacher, IV, both of Columbia and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Elias James Walker pled guilty to voluntary manslaughter and possession of a weapon during the commission of a violent crime. Walker appealed the trial court's order denying him parole eligibility as a domestic violence victim under section 16-25-90. Walker's appeal was transferred to this court pursuant to South Carolina Appellate Court Rule 204(b).

10:30 a.m.           (Time Limits: 15-15-5)
2016-001161    The State, Petitioner, v. Tyrone J. King, Respondent.

Attorney General Alan Wilson and Assistant Attorney General Alphonso Simon, Jr., both of Columbia and Solicitor William B. Rogers, Jr., of Bennettsville, for Petitioner. Howard W. Anderson, III, of Pendleton and Chief Appellate Defender Robert M. Dudek, of Columbia, for Respondent.

The Court granted the State's petition for a writ of certiorari to review the court of appeals' decision to remand Respondent's case to the circuit court to conduct a full analysis as required under Rule 404(b) of the South Carolina Rules of Evidence.

Cases to be Submitted Without Oral Argument

Alonda B. Desaussure, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Laura Ruth Baer, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Justin James Hunter, both of Columbia, for Respondent.

Michael Lee Robinson, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General DeShawn H. Mitchell, both of Columbia, for Respondent.