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April 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.

Wednesday, April 12, 2017
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2015-002018    Wells Fargo Bank, N.A., successor-by-merger to Wachovia Bank, N.A., Respondent, v. Fallon Properties South Carolina, LLC, Timothy R. Fallon, Susan C. Fallon, Fallon Luminous Products Corporation, GE Business Capital Corporation, formerly Transamerica Business Capital Corporation, and FSD Repurchase Solutions, LLC, and South Carolina Department of Revenue, Defendants, Of Whom Fallon Properties South Carolina, LLC, Timothy R. Fallon and Susan C. Fallon are the Petitioners.

Alexander Hray, Jr., of Spartanburg, for Petitioners. Robert L. Widener, of McNair Law Firm, P.A., of Columbia and Weyman C. Carter, of McNair Law Firm, P.A., of Greenville, for Respondent.

The Court granted certiorari to review the Court of Appeals' order, which granted Respondent's motion to dismiss on the grounds that Petitioners failed to timely serve a notice of appeal.

10:00 a.m.           (Time Limits: 10-10-5)
2016-000980    The State, Respondent, v. Deangelo Mitchell, Defendant, and AA Ace Bail by Frances and Palmetto Surety Corp., as Surety, Petitioners.

Robert T. Williams, Sr. and Benjamin A. Stitely, both of Williams Stitely & Brink, PC, of Lexington, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General V. Henry Gunter, Jr., both of Columbia and Solicitor Scarlett A. Wilson, of Charleston, for Respondent.

The Court granted certiorari to review the Court of Appeals' decision in State v. Mitchell, Op. No. 2016-UP-070 (S.C. Ct. App. filed Feb. 17, 2016).

10:30 a.m.           (Time Limits: 10-10-5)
2016-000862    The State, Respondent, v. Jonathan Xavier Miller, Petitioner.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Deputy Attorney General J. Benjamin Aplin, Solicitor Daniel Edward Johnson and Assistant Solicitor Brent H. Arant, all of Columbia, for Respondent.

Jonathan Xavier Miller was arrested for driving under suspension. After his arrest, officers towed his vehicle and conducted an inventory search. The officers discovered crack cocaine in the vehicle, and a jury convicted Miller of simple possession of crack cocaine. Miller appealed to the court of appeals, arguing the officers did not have authority to tow his vehicle because it was in a private driveway, and therefore the search was illegal and the crack cocaine should have been suppressed. The court of appeals affirmed Miller's conviction in an unpublished opinion. See State v. Miller, Op. No. 2016-UP-040 (S.C. Ct. App. Filed January 20, 2016). Miller filed a petition for writ of certiorari, which the Court granted.

Thursday, April 13, 2017
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2016-000072    The State, Respondent, v. James Allen Johnson, Petitioner.

Assistant Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General J. Robert Bolchoz, Senior Assistant Attorney General J. Benjamin Aplin, Assistant Attorney General Susannah R. Cole, all of Columbia and Solicitor William W. Wilkins, III, of Greenville, for Respondent.

The Court granted certiorari to review the court of appeals' decision in State v. Johnson, Op. No. 2015-UP-378 (S.C. Ct. App. Filed July 29, 2015).

10:00 a.m.           (Time Limits: 15-15-5)
2012-213468    Marion Bowman, Petitioner, v. State of South Carolina, Respondent.

Chief Appellate Defender Robert M. Dudek, Appellate Defender David Alexander and Michael Anzelmo, of Nelson Mullins Riley and Scarborough, LLP, all of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General J. Robert Bolchoz, Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Alphonso Simon, Jr., all of Columbia, for Respondent.

In this post-conviction relief matter, the Court determines whether there is any evidence to support the finding that defense counsel was not ineffective for failing to object to the State's evidence of favorable prison conditions during the penalty phase of Petitioner's capital murder trial.