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December 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, December 9, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 20-20-10)
2011-188687    Kamell D. Evans, Respondent/Petitioner, v. State of South Carolina, Petitioner/Respondent.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General Melody J. Brown, all of Columbia, for Petitioner/Respondent. William H. Ehlies, II, of Greenville and Christopher Seeds, of Ithaca, New York, for Respondent/Petitioner. John Christopher Mills, of Columbia, for Amicus Curiae, South Carolina Religious Leaders and Scholars.

In this death penalty post-conviction relief (PCR) appeal, both Petitioner-Respondent, the State of South Carolina, and Respondent-Petitioner, Kamell Evans, contest the PCR court's decision. The State argues that the PCR court erred in concluding that Evans is entitled to a new sentencing hearing because Evans' trial counsel failed to object to the trial court's erroneous jury instruction regarding mercy, and in making a "per se" finding of prejudice. Evans asserts that the PCR court erred in refusing to adopt his additional allegations of ineffectiveness.

10:00 a.m.           (Time Limits: 20-20-10)
2014-001239    Michael D. Hall, Petitioner, v. State of South Carolina, South Carolina Attorney General, Solicitor for the Eighth Judicial Circuit, South Carolina Department of Corrections and City of Greenwood, Respondents.

Chief Appellate Defender Robert M. Dudek, Appellate Defender David Alexander and Appellate Defender Susan B. Hackett, all of Columbia and Solicitor W. Townes Jones, IV, of Greenwood, for Petitioner. Deputy Solicitor General J. Emory Smith, Jr., of Columbia, James Graham Padgett, III and Solicitor David M. Stumbo, both of Greenwood and Daniel John Crooks, III, of Columbia, for Respondents.

The Court agreed to hear this matter in its original jurisdiction to determine what relief, if any, is avaliable to inmates who allege they are being adversely affected by unserved arrest warrants.

10:30 a.m.           (Time Limits: 10-10-5)
2013-002188    The City of Aiken, Respondent, v. Larry D. Smith, Appellant.

Suzanne Higgins Hayes, of Aiken, for Appellant. Paige E. Tiffany, of Aiken, for Respondent.

In this direct appeal, the Court reviews the constitutionality of the City of Aiken's ordinance Article 1, Section 22-3(B).

Wednesday, December 10, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2013-001452    Stokes-Craven Holding Corp., d/b/a Stokes-Craven Ford, Appellants, v. Scott L. Robinson and Johnson McKenzie & Robinson, LLC, Respondents.

Andrew K. Epting, Jr. and Michelle N. Endemann, both of Andrew K. Epting, Jr., LLC., of Charleston, for Appellant. Susan Taylor Wall and Henry W. Frampton, IV, both of McNair Law Firm, P.A., of Charleston, and Warren C. Powell, Jr., of Bruner, Powell, Wall & Mullins, LLC, of Columbia, for Respondents.

In this legal malpractice case, Appellant appeals the circuit court judge's order that granted summary judgment in favor of Respondents on the ground the legal malpractice action was barred by the expiration of the statute of limitations. Additionally, Appellant contends the judge erred in holding that Respondents' communications with their malpractice carrier are subject to the work-product doctrine.

10:00 a.m.           (Time Limits: 10-10-5)
2013-000107    Carolina First Bank, n/k/a TD Bank, NA, Petitioner, v. BADD, LLC, William McKown and Charles A. Christenson, Defendants, of whom BADD, LLC and William McKown are Respondents. BADD, LLC and William McKown, Third Party Plaintiffs, v. William Rempher, Third Party Defendant.

C. Mitchell Brown, Thomas William McGee, III and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Petitioner. Richard R. Gleissner, of Gleissner Law Firm, LLC, of Columbia, for Respondents.

The Court granted Carolina First Bank's petition for a writ of certiorari to review the Court of Appeals' decision in Carolina First Bank v. BADD, L.L.C. The issues in this case concern a guarantor's right to a jury trial when a bank seeks to recover a deficiency judgment.

10:30 a.m.           (Time Limits: 10-10-5)
2012-212201    The State, Petitioner, v. Diamon D. Fripp, Respondent.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh and Senior Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, and Solicitor Issac McDuffie Stone, III, of Beaufort, for Petitioner. Jared S. Newman, of Port Royal, for Respondent.

The Court granted certiorari to review the Court of Appeals' decision in State v. Fripp, 397 S.C. 455, 725 S.E.2d 136 (Ct. App. 2012), wherein the court reversed Fripp's conviction for trafficking in cocaine and remanded the case because the constructive possession charge to the jury was irrelevant, inapplicable, and had the potential to confuse the jury and affect the outcome of the trial.

Thursday, December 11, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2012-213683    The State, Respondent, v. Christopher Ryan Whitehead, Petitioner.

Appellate Defender LaNelle Cantey Durant, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General Melody J. Brown and Solicitor Daniel E. Johnson, all of Columbia, for Respondent.

The Court reviews the court of appeals' decision in State v. Whitehead, Op. No. 2012-UP-526 (S.C. Ct. App. filed Sept. 12, 2012).

10:00 a.m.           (Time Limits: 10-10-5)
2012-213686    The State, Respondent, v. Derrick McDonald, 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, Senior Assistant Attorney General Melody J. Brown, and Solicitor Daniel E. Johnson, all of Columbia, for Respondent.

The Court reviews the court of appeals' decision in State v. McDonald, 400 S.C. 272, 734 S.E.2d 167 (2012).