Supreme Court Seal South Carolina
Judicial Department
Site Map

January 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, January 13, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2012-212871    Lawrence E. Morrow and Evelyn M. Morrow, Petitioners, v. Fundamental Long-Term Care Holdings, LLC; Fundamental Clinical Consulting, LLC; Fundamental Administrative Services, LLC; THI of Baltimore, Inc.; THI of South Carolina LLC; THI of Baltimore Management, LLC; THI of South Carolina at Magnolia Place at Spartanburg, LLC, d/b/a Magnolia Place at Spartanburg, Respondents.

John S. Nichols and Blake Alexander Hewitt, both of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia and Gary W. Poliakoff and Raymond P. Mullman, Jr., both of Poliakoff & Associates, PA, of Spartanburg, for Petitioners. D. Jay Davis, Jr., William L. Howard, Sr. and Russell G. Hines, all of Young Clement Rivers, LLP, of Charleston and Lori D. Proctor, of Cooper & Scully, PC, of Houston, Texas, for Respondents.

The Court granted certiorari to review the court of appeals' order dismissing Morrow's appeal of the trial court's order granting bifurcation. The question before the Court is whether the trial court's order is immediately appealable.

10:00 a.m.           (Time Limits: 15-15-5)
2013-000400    The State, Respondent, v. Danny Ryant, Petitioner.

Appellate Defender Kathrine Haggard Hudgins, 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 Jane Brown, all of Columbia and Solicitor David M. Pascoe, Jr., of Orangeburg, for Respondent.

The Court granted certiorari to review the court of appeals' decision in State v. Ryant, Op. No. 2012-UP-647 (S.C. Ct. App. filed Dec. 5, 2012), concerning whether the State's "jury book," including potential jurors' criminal records, is privileged work product prepared in anticipation of litigation.

10:30 a.m.           (Time Limits: 10-10-5)
2014-001840    In the Matter of Mark Andrew Brunty, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Sabrina C. Todd, both of Columbia, for the Office of Disciplinary Counsel. Mark Andrew Brunty, of Myrtle Beach, pro se Respondent.

This is an attorney disciplinary matter.

11:00 a.m.           (Time Limits: 20-20-10)
2012-212107    Jonathan Kyle Binney, Petitioner/Respondent, v. State of South Carolina, Respondent/Petitioner.

Emily C. Paavola, of Columbia and John H. Blume, III, of Ithaca, New York, for Petitioner/Respondent. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, 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 parties have appealed the PCR court's decision. Jonathan Binney argues the PCR court erred by refusing to find Binney's trial counsel ineffective for failing to present all evidence regarding victim's husband's involvement in the victim's death and evidence supporting the theory Binney entered victim's house to commit suicide. The State argues the PCR court erred by concluding Binney is entitled to a new sentencing hearing because Binney's trial counsel failed to object to the trial court's jury instruction regarding mercy.

Wednesday, January 14, 2015
Supreme Court Courtroom

2:30 p.m.           (Time Limits: 10-10-5)
2013-000375    Gregory M. Gottschlich and Donald L. McNeil, Petitioners, v. Strimpfel Custom Homes, Inc.; Joseph A. Reeve; Jerry L. Richardson; Coastal Surveying, Co., Inc.; Thomas N. Dye; Jan H. Dye; Ken Oliver; The Byrne Corporation, d/b/a Dunes Marketing Group; Laurich & Deeb, P.A.; Robert M. Deeb, Jr. and Charles H. Wiseman, Defendants, of whom Ken Oliver, The Byrne Corporation d/b/a Dunes Marketing Group, Laurich & Deeb, P.A., Robert M. Deeb, Jr. and Charles H. Wiseman are, Respondents.

Charles E. Carpenter, Jr., of Carpenter Appeals & Trial Support, LLC, of Columbia, for Petitioners. Max G. Mahaffee, of Grimball & Cabaniss, LLC, of Charleston and Susan Taylor Wall and Henry W. Frampton, IV, both of McNair Law Firm, P.A., of Charleston, for Respondents.

The Court granted certiorari to review the Court of Appeals' decision in Gottschlich v. Strimpfel Custom Homes, Inc., Op. No. 2012-UP-676 (S.C. Ct. App. filed Dec. 19, 2012), wherein the court affirmed the circuit court's order granting summary judgment in favor of the Respondents. The Petitioners contend the Court of Appeals improperly applied the two issue rule in reaching its decision.

3:00 p.m.           (Time Limits: 10-10-5)
2012-213376    LeAndra Lewis, Petitioner, v. L.B. Dynasty, d/b/a Boom Boom Room Studio 54 and S.C. Uninsured Employers' Fund, Defendants, Of Whom S.C. Uninsured Employers' Fund is, Respondent.

John S. Nichols and Blake Alexander Hewitt, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia and Charles B. Burnette, III, of Burnette & Payne, of Rock Hill, for Petitioner. Lisa C. Glover, of Columbia, for Respondent.

The Court granted certiorari to review the court of appeals' opinion in Lewis v. L.B. Dynasty Inc., 400 S.C. 129, 732 S.E.2d 662 (Ct. App. 2012), which held claimant was an independent contractor and was therefore not entitled to workers' compensation.

3:30 p.m.           (Time Limits: 10-10-5)
2013-000115    The State, Respondent, v. Kendra Samuel, Petitioner.

Richard A. Harpootlian, of Columbia and Graham L. Newman, of Chappell, Smith & Arden, P.A., of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

The Court granted certiorari to review the court of appeals' decision in State v. Samuel, 400 S.C. 593, 735 S.E.2d 541 (2012), wherein the court of appeals reversed the trial court's exclusion of a statement made prior to a confession, based on the trial court's assessment that polygraph evidence is per se inadmissible.

Thursday, January 15, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 20-20-10)
2010-170387    John Kennedy Hughey, Respondent/Petitioner, v. The State, Petitioner/Respondent.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Petitioner/Respondent. E. Charles Grose, Jr., of Greenwood and Tara Schultz Waters, of Summerville, for Respondent/Petitioner. John Christopher Mills, of Columbia, for Amicus Curiae, South Carolina Religious Leaders and Scholars.

After granting the cross-petitions for a writ of certiorari, the Court is asked to determine whether the Post-Conviction Relief (PCR) court erred in granting re-sentencing to this capital defendant.

10:00 a.m.           (Time Limits: 10-10-5)
2011-196126    Robert L. Cullen, Andrew A. Corriveau and Andrea Hucks, Petitioners., v. J. Bennett McNeal, B. McNeal Partnership, L.P., Anthony R. Porter and Wright's Point Home Owners Association, Respondents.

John E. North, Jr., of North & Black, PC, of Beaufort, for Petitioner. Joel D. Bailey, of The Bailey Law Firm, PA, of Beaufort, for Respondents.

The Court granted certiorari to review the Court of Appeals' decision in Cullen v. Neal, 390 S.C. 470, 702 S.E.2d 378 (Ct. App. 2010). In Cullen, the Court of Appeals affirmed the circuit court's order that found Petitioners, who are property owners in a residential development, failed to meet their burden of proof concerning their claims against Respondents, who are real estate developers, under the subdivision's Declaration of Covenants, Conditions, Restrictions, and Easements.

10:30 a.m.           (Time Limits: 10-10-5)
2013-000391    Maria T. Curiel and Martin L. Curiel, Respondents, v. Hampton County E.M.S., Petitioner.

E. Mitchell Griffith and Mary E. Sharp, both of Griffith, Sadler & Sharp, P. A., of Beaufort, for Petitioner. John S. Nichols, of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia and H. Woodrow Gooding and Mark B. Tinsley, both of Gooding & Gooding, P.A., of Allendale, for Respondents.

In this appeal, the Court reviews the court of appeals' decision in Curiel v. Hampton County EMS, 401 S.C. 646, 737 S.E.2d 854 (Ct. App. 2012).