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May 2015



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, May 5, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2013-001377    Roger Wendell Walker, as the Personal Representative of the Estate of Kenneth Ray Walker and individually as a surviving child and Devisee of the Decedent, Kenneth Ray Walker (d/o/d 09/20/2008), Jimmy Ray Walker, and Wilson Whitney Walker as surviving children and Devisees of the Decedent, Kenneth Ray Walker, who died testate on 09/20/2008, Petitioners, v. Catherine W. Brooks, Respondent.

Gregory S. Forman, of Charleston, for Petitioners. Everett Hope Garner and Benjamin A. Dunn, II, both of Holler, Garner, Corbett, Ormand, Plante & Dunn, of Columbia, for Respondent.

The Court granted certiorari to review the court of appeals' opinion in Walker v. Brooks, 403 S.C. 212, 742 S.E.2d 869 (S.C. Ct. App. 2013). In that opinion, the court of appeals reversed the finding of the special referee that decedent's sons acquired an equitable mortgage in property deeded to their sister, and thus were entitlted to the property upon payment of the debt. The sons appeal from that opinion.

10:00 a.m.           (Time Limits: 15-15-5)
2013-001505    In re: Estate of Atn Burns Livingston, Emma Lou Livingston Martin as Personal Representative of the Estate of Atn Burns Livingston and Emma Lou Livingston Martin, Respondents, v. Clyde B. Livingston; Miller Communiciations, Inc.,; Citibank South Dakota, N.A.; Branch Banking and Trust Company of South Carolina; and American First Federal, Inc., Defendants, Of whom Clyde B. Livingston is, Petitioner

Andrew S. Radeker, of Harrison & Radeker, PA, of Columbia, for Petitioner. Richard B. Ness and Alison Dennis Hood, both of Ness & Jett, LLC, of Bamberg, for Respondents.

In this appeal, Petitioner contends the court of appeals erred in finding that (1) the United States Department of Agriculture farm subsidies acquired by Petitioner are the property of the estate; (2) the statute of limitations did not bar Respondents from collecting the subsidies Petitioner acquired from 2003-2007; (3) the executor de son tort statute, section 62-3-902, did not operate to reduce Respondents' award of the subsidies; and (4) the general partition provision found in section 15-61-25 of the South Carolina Code does not apply to this action.

10:30 a.m.           (Time Limits: 15-15-5)
2014-002235    Stephen P. Donohue, Appellant, v. City of North Augusta, the Mayor and City Council of North Augusta, Respondents.

James D. Mosteller, III, of The Mosteller Law Firm, LLC, of Aiken, for Appellant. Belton T. Zeigler, Gary T. Pope, Jr. and Charles D. Rhodes, III, all of Pope Zeigler, LLC, of Columbia and Kelly F. Zier, of Zier Law Firm, of North Augusta, for Respondents.

Appellant challenges the respondent municipality's compliance with the Freedom of Information Act, and the municipality's compliance with statutory provisions governing Tax Increment Finance bonds.

Wednesday, May 6, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2014-000864    Joseph A. Marshall, Petitioner, v. Carrie C. Marshall, Respondent.

Leon E. Green, of Aiken, for Petitioner. Gregory P. Harlow, of Aiken, for Respondent.

The Court granted certiorari to review the Court of Appeals' decision in Marshall v. Marshall, Op. No. 2014-UP-020 (S.C. Ct. App. filed Jan. 22, 2014), wherein the court affirmed the family court and upheld the Qualified Domestic Relations Order and did not modify the Consent Order in regards to husband's two retirement accounts.

10:00 a.m.           (Time Limits: 10-10-5)
2013-002796    Pavilion Development Corp. & Larry McNair, Appellants, v. Nexsen Pruet, LLC, Defendant, v. DC & Sons, LLC, Counterclaim Defendant, Of Which Nexsen Pruet, LLC is the Respondent.

Andrew K. Epting, Jr. and Michelle N. Edemann, both of Andrew K. Epting, Jr., LLC, of Charleston and George J. Kefalos and Oana D. Johnson, both of George J. Kefalos, PA, of Charleston, for Appellants. Elizabeth Van Doren Gray, Tina Cundari and Benjamin R. Gooding, all of Sowell Gray Stepp and Laffitte, of Columbia, for Respondent.

In this direct appeal, Appellants ask this court to determine whether the assignment of a legal malpractice claim is void as against public policy.

10:30 a.m.           (Time Limits: 10-10-5)
2014-000813    The State, Respondent, v. Shawn Reaves, Petitioner.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark R. Farthing, both of Columbia, for Respondent.

The Court granted certiorari to review the court of appeals' opinion in State v. Reaves, Op. No. 2014-UP-057 (S.C. Ct. App. 2014). Reaves argues the court of appeals erred by affirming the trial court's denial of his two motions to dismiss: one to dismiss the indictment because the State failed to preserve and produce potentially useful evidence, and one to dismiss the case because he had been deprived of his right to a speedy trial. Reeves was ultimately convicted of voluntary manslaughter by a jury.

Thursday, May 7, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2013-002601    Bonnie L. McKinney, f/k/a Bonnie L. Pedery, Respondent, v. Frank J. Pedery, Petitioner.

Kenneth C. Porter, of Porter & Rosenfeld, of Greenville, for Petitioner. Kim R. Varner and J. Falkner Wilkes, both of Greenville, for Respondent.

The Court granted certiorari to review the court of appeals' decision in McKinney v. Pedery, 406 S.C. 1, 749 S.E.2d 119 (Ct. App. 2013). Petitioner argues the court of appeals erred in: (1) affirming the family court's decision to terminate Petitioner's alimony award on the grounds of cohabitation; and (2) failing to award Petitioner attorney fees.

10:00 a.m.           (Time Limits: 10-10-5)
2014-000782    Ralph Wayne Parsons, Jr., and Louise C. Parsons, Respondents, v. John Wieland Homes and Neighborhoods of the Carolinas, Inc., Wells Fargo Bank, N.A., and South Carolina Bank & Trust, N.A., Defendants, Of whom John Wieland Homes and Neighborhoods of the Carolinas, Inc. are Petitioners.

Ian W. Freeman and G. Trenholm Walker, both of Pratt-Thomas Walker, P.A., of Charleston, for Petitioner. Herbert W. Hamilton and Tracy T. Vann, both of Hamilton Martens & Ballou, LLC, of Rock Hill, for Respondents.

The Court granted certiorari to review the court of appeals decision in Op. No. 2013-UP-296 and ordered the parties to brief a procedural issue.

10:30 a.m.           (Time Limits: 10-10-5)
2014-002762    In the Matter of Steven Robert Lapham, Respondent

Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Julie Kay Martino, both of Columbia, for the Office of Disciplinary Counsel.

This is an attorney disciplinary matter.

Tuesday, May 19, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2013-002470    Lauren Proctor and Trans-Union National Title Insurance Company, f/k/a Atlantic Title Insurance Company, Respondents, v. Whitlark & Whitlark, Inc., d/b/a Rockaways Athletic Club and Pizza Man, Forrest Whitlark, Paul Whitlark, Charlie E. Bishop, and Brett Blanks, Defendants, of whom Whitlark & Whitlark, Inc., d/b/a Rockaways Athletic Club and Pizza Man, Forrest Whitlark and Paul Whitlark are Petitioners.

James M. Griffin and Ariail E. King, both of Lewis, Babcock & Griffin, LLP, of Columbia, for Petitioners. Joseph Preston Strom, Mario A. Pacella and Jessica H. Lerer, all of the Strom Law Firm, of Columbia, for Respondents.

The Court granted the petition for a writ of certiorari to review the Court of Appeals' decision in Proctor v. Whitlark & Whitlark, Inc., 406 S.C. 225, 750 S.E.2d 93 (Ct. App. 2013), which affirmed the circuit court's order finding the General Assembly had abrogated the doctrine of in pari delicto with regard to losses sustained by illegal gambling for reasons of public policy.

10:00 a.m.           (Time Limits: 10-10-5)
2013-002309    The State, Petitioner, v. Ashley Eugene Moore, Respondent.

Attorney General Alan McCrory Wilson, Assistant Attorney General Mary Williams Leddon and Assistant Attorney General Joshua L. Thomas, all of Columbia, for Petitioner. Dayne C. Phillips, of Lexington and Appellate Defender Laura R. Baer, of Columbia, for Respondent.

The Court is reviewing a decision of the Court of Appeals which held there was no evidence to support the decision of the trial court that reasonable suspicion justified the extension of a traffic stop.

10:30 a.m.           (Time Limits: 10-10-5)
2014-000771    The State, Respondent, v. Christopher Spriggs, Petitioner.

John H. Blume, III and Emily C. Paavola, both of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

Petitioner argues the court of appeals erred (1) in affirming the trial judge's decision to include a jury instruction on the law of voluntary manslaughter and (2) finding the trial judge's instruction that malice may be inferred from the use of a deadly weapon was harmless beyond a reasonable doubt.

Wednesday, May 20, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2013-002715    The State, Respondent, v. Antwan McMillan, Petitioner.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Mark R. Farthing, both of Columbia, for Respondent.

The Court granted the petition for a writ of certiorari to review the Court of Appeals' decision in State v. McMillan, Op. No. 2013-UP-317 (S.C. Sup. Ct. filed Feb. 24, 2014), which affirmed the trial judge's refusal to excuse a juror.

10:00 a.m.           (Time Limits: 10-10-5)
2013-002571    The State, Respondent, v. David Jakes, Petitioner.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Mark R. Farthing, both of Columbia, for Respondent.

The Court granted the petition for a writ of certiorari to review the Court of Appeals' decision in State v. Jakes, Op. No. 2013-UP-360 (S.C. Sup. Ct. filed Dec. 5, 2013), which affirmed the trial judge's refusal to excuse a juror.

10:30 a.m.           (Time Limits: 10-10-5)
2014-000580    John Christopher Milton, Petitioner, v. Richland County, Respondent.

Constantine George Pournaras, Elizabeth Fielding Pringle and Kris Hines, all of Columbia, for Petitioner. Andrew F. Lindemann, of Davidson & Lindemann, PA, of Columbia, for Respondent.

This Court granted Petitioner's request for original jurisdiction asking this Court to declare that prolonged detention of persons incarcerated upon the issuance of a uniform traffic ticket violates the Fourth Amendment where the county has failed to provide a mechanism for prompt judicial determination of probable cause following arrest.

Cases to be Submitted Without Oral Argument

Jared Williams, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Benjamin John Tripp, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Deputy Attorney General Karen Christine Ratigan, both of Columbia, for Respondent.

Davoris Smiley, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson and Assistant Attorney General James Rutledge Johnson, of Columbia, for Petitioner. Joshua Shaheen Nasrollahi, of Greenwood, for Respondent.

Anthony Sanders, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent.

In the Matter of Clifford F. Gaddy, Jr., Respondent.

Disciplinary Counsel Lesley M. Coggiola and Senior Assistant Disciplinary Counsel Charlie Tex Davis, Jr., both of Columbia, for the Office of Disciplinary Counsel. William S.F. Freeman, of Thomerson Macchiaverna Smith & Freeman P.C. of Greenville, for Respondent.