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May 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, May 2, 2017
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2016-001625    South Carolina Department of Social Services, Respondent, v. Allyssa N. Boulware, John A. Stafford, and Jonathan Boulware, Respondents, and Darryl Armstrong and Ruth Ann Armstrong and Edward Dalsing and Tammy Dalsing, Intervenors, Of whom Edward Dalsing and Tammy Dalsing are Petitioners, and Darryl Armstrong and Ruth Ann Armstrong are Respondents. In the interest of a minor under the age of eighteen.

Larry Dale Dove, of Dove Law Group, of Rock Hill, for Petitioners. David E. Simpson, of Rock Hill, Shawn L. Reeves, of Columbia and Melinda Inman Butler, of the Butler Law Firm, of Union, for Respondents. Brenda L. Gorski, of Georgetown, for the Guardian ad Litem.

The Court granted certiorari to review the Court of Appeals' decision in South Carolina Department of Social Services v. Boulware, Op. No. 2016-UP-220 (S.C. Ct. App. filed May 19, 2016).

10:00 a.m.           (Time Limits: 10-10-5)
2016-000067    The State, Respondent, v. Wayne Albeon Scott, Jr., Petitioner.

Appellate Defender LaNelle Cantey Durant, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General J. Robert Bolchoz, Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor E.L. Clements, III, of Florence, for Respondent.

The Court granted certiorari to review the decision in State v. Scott, Op. No. 2015-UP-513 (S.C. Ct. App. filed Nov. 12, 2015), wherein the Court of Appeals affirmed the trial court's refusal to grant Petitioner immunity from prosecution pursuant to the Protection of Persons and Property Act.

10:30 a.m.           (Time Limits: 15-15-5)
2016-000877    The State, Respondent, v. Tyrel Rashone Collins, Petitioner.

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General J. Robert Bolchoz, Deputy Attorney General Donald J. Zelenka, and Senior Assistant Deputy Attorney General Melody Jane Brown, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, all for Respondent.

The Court reviews the court of appeals' decision in State v. Collins, Op. No. 2016-UP-034 (S.C. Ct. App. filed Jan. 20, 2016), regarding the Double Jeopardy Clause and the admissibility of victim-reputation evidence.

Wednesday, May 24, 2017
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 20-20-10)
2015-000731    The State, Respondent, v. Luzenski Allen Cottrell, Appellant.

Keir M. Weyble and Sheri L. Johnson, both of Cornell Law School, of Ithaca, New York and Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Assistant Attorney General J. Anthony Mabry, all of Columbia, and Solicitor Jimmy A. Richardson, of Conway, for Respondent.

This case is a direct appeal from Appellant's conviction for murder and sentence to death.

10:00 a.m.           (Time Limits: 15-15-5)
2016-001103    The State, Respondent, v. Ryan P. Deleston, Petitioner.

Chief Appellate Defender Robert Michael Dudek and Appellate Defender Lara M. Caudy, both of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General J. Robert Bolchoz, and Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, all for Respondent.

Ryan P. Deleston petitioned for a writ of certiorari, claiming (1) the court of appeals erred in affirming the trial court's refusal to allow Deleston to cross-examine witnesses in violation of Rule 404(b), SCRE, the rule on third party guilt, and Deleston's due process right to present a complete defense; and (2) the court of appeals erred in finding the trial court's instruction to the jury that a trial was "a search for the truth in an effort to make sure that justice is done" was not reversible error. We granted certiorari.

10:30 a.m.           (Time Limits: 10-10-5)
2016-000065    Jacquelin S. Bennett, Genevieve S. Felder and Kathleen S. Turner, individually, as Co-Trustees and Beneficiaries of the Marital Trust and the Qualified Terminable Interest Trust created by the Thomas Stevenson Will, and Jacquelin S. Bennett, and Kathleen S. Turner, as Co-Personal Representatives on behalf of the Estate of Jacquelin K. Stevenson, Respondents, v. T. Heyward Carter, Jr.; Evans Carter, Kunes & Bennett, P.A.; Douglas Capital Management, Inc; Dixon Hughes f/k/a Pratt-Thomas Gumb & Co., P.A.; and Lynne L. Kerrison, Defendants, Of Whom Dixon-Hughes f/k/a Pratt-Thomas Gumb & Co., and Lynne L. Kerrison are the Petitioners.

M. Dawes Cooke, Jr., of Barnwell Whaley Patterson & Helms, LLC, of Charleston, and Frederick K. Sharpless, of Sharpless & Stavola, PA, of Greensboro, North Carolina, for Petitioners. A. Camden Lewis, Keith M. Babcock and Ariail Elizabeth King, all of Lewis Babcock, LLP, of Columbia, for Respondents.

The Court granted certiorari to review the court of appeals' decision in Bennett v. Carter, Op. No. 2015-UP-491 (S.C. Ct. App. filed Oct. 14, 2015).

11:00 a.m.           (Time Limits: 10-10-5)
2016-002528    In the Matter of Robert Clenten Campbell, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara Marie Seymour, both of Columbia, for the Office of Disciplinary Counsel. Paul Thomas Collins, of Nelson Mullins Riley and Scarborough, of Columbia, for Respondent.

This is an attorney disciplinary matter.

Cases to be Submitted Without Oral Argument

Marshall Heath Collins, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan M. Wilson and Assistant Attorney General DeShawn Herman Mitchell, both of Columbia, for Petitioner. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Respondent.