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The Supreme Court of South Carolina

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MARCH 2015 COURT CASES


 

Tuesday, March 3, 2015

 

9:30 am - 2013-001345 Gregory W. Smith and Stephanie Smith, Respondents, v. D.R. Horton, Inc., Tom's Vinyl Siding, LLC, Lutzen Construction, Inc., Boozer Lumber Company, All American Roofing, Inc., Myers Landscaping, Inc., Defendants, Of whom D.R. Horton, Inc. is the Petitioner.

Matthew Kinard Johnson and W. Kyle Dillard, both of Ogletree Deakins Nash Smoak & Stewart, PC, of Greenville, for Petitioner. Phillip Ward Segui, Jr. of Segui Law Firm, of Mt. Pleasant, John T. Chakeris, of Chakeris Law Firm, of Charleston and Michael A. Timbes, of Thurmond Kirchner Timbes & Yelverton, PA, of Charleston, for Respondents.

The Court granted certiorari to review the court of appeals' decision in Smith v. D.R. Horton, Inc., 403 S.C. 10, 742 S.E.2d 37 (Ct. App. 2013). The case deals with the enforceability of an arbitration agreement.

10:00 am - 2012-212544 The State, Petitioner, v. Daniel J. Jenkins, Respondent.

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

The Court granted the petition for a writ of certiorari to review the Court of Appeals' decision in State v. Jenkins, 398 S.C. 215, 727 S.E.2d 761 (Ct. App. 2012). The issues in this petition relate to the admissibility of DNA test results and the sufficiency of the search warrant affidavit in support of the search warrant.

10:30 am - 2013-001263 W. H. Bundy, Jr., Respondent, v. Bobby Brent Shirley, Petitioner.

John W. Wells, of Baxley Pratt & Wells, of Lugoff, for Petitioner. Michael Brent McDonald, of Smith Bundy Bybee & Barnett, PC, of Mount Pleasant, for Respondent. 

The Court granted the petition for a writ of certiorari to review the decision of the Court of Appeals in Bundy v. Shirley, Op. No. 2013-UP-153 (S.C. Ct. App. filed May 8, 2013), which reversed the special referee's determination that Petitioner was entitled to a prescriptive easement on Respondent's property.

 

Wednesday, March 4, 2015

 

10:00 am - 2013-001571 The State, Petitioner, v. Richard Lewis, Respondent.

Attorney General Alan Wilson and Senior Assistant Deputy Attorney General Salley W. Elliott, both of Columbia and Solicitor David Matthew Stumbo, of Greenwood, for Petitioner. C. Rauch Wise, of Greenwood, for Respondent.

The Court granted certiorari in this aiding and abetting homicide by child abuse case to review the court of appeals' decision in State v. Lewis, 403 S.C. 345, 743 S.E.2d 124 (Ct. App. 2013). The issue is whether the court of appeals erred by reversing the trial court's denial of Lewis's directed verdict motion because there was sufficient evidence of an overt act for the case to go to the jury.

10:30 am - 2013-002027 The State, Petitioner, v. Brittany Johnson, Respondent.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Brendan Jackson McDonald, all of Columbia and Solicitor Jimmy A. Richardson, II, of Conway, all for Petitioner. Appellate Defender Benjamin John Tripp, of Columbia, for Respondent. 

Petitioner the State of South Carolina argues that the court of appeals erred in reversing the trial court's admission of Respondent Brittany Johnson's statement to police because the trial court determined as a factual matter that Johnson did not invoke her right to counsel; Johnson's statement was freely, knowingly, and voluntarily tendered; and Johnson was not being interrogated when she invoked her right to counsel. In the alternative, the State argues that Johnson was not prejudiced by the admission of the evidence.

10:00 am - 2013-001973 The State, Respondent, v. Gregory Wright, Petitioner.

Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General William M. Blitch, Jr., 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. Wright, Op. No. 2013-UP-326 (S.C. Sup. Ct. filed July 17, 2013), which affirmed the denial of Wright's directed verdict motion.

 

Thursday, March 5, 2015

 

9:30 am - 2012-213425 Gregory A. Collins (Deceased),Employee,Claimant, Respondent, v. Seko Charlotte and Nationwide Mutual Ins. Co., Petitioners, v. West Expedited & Delivery Service, Inc., Defendant, v. Seko Worldwide and Federal Ins. Co., Defendants, v. Uninsured Employers Fund, Respondent.

Weston Adams, III and Helen F. Hiser, both of McAngus, Goudelock & Courie, LLC, of Columbia, for Petitioners. Timothy B. Killen, of Columbia, for Respondent.

The Court granted certiorari to review the Court of Appeals' decision in Collins v. Charlotte, 400 S.C. 50, 732 S.E.2d 630 (Ct. App. 2012), wherein the court reversed the decision of the full Workers' Compensation Commission and found that Collins was a statutory employee of Seko. Seko, Petitioner, contends the Court of Appeals erred because there was no contractual relationship between West Expedited and Seko, Collins does not meet the statutory employee test, the opinion does not advance the statutory employment doctrine, and the court employed an improper analysis.

10:00 am - 2013-001970 The State, Respondent, v. Lexie Dial, III, Petitioner.

H. Wayne Floyd, of West Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General Christina Catoe Bigelow, both of Columbia, for Respondent.

The Court granted certiorari to review the court of appeals' decision in State v. Dial, 405 S.C. 247, 746 S.E.2d 495 (Ct. App. 2013).

10:30 am - 2014-002498 In the Matter of William Joseph Cutchin, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Julie Kay Martino, both of Columbia, for the Office of Disciplinary Counsel. William Joseph Cutchin, of Mt. Pleasant, pro se Respondent. 

This is an attorney discipline matter.


SCETV ARCHIVES


To view archived court cases, visit the Supreme Court Video Portal.

State Supreme Court Hearing......Robert W. Harrell, Jr., Respondent, v. Attorney General of the State of South Carolina, Appellant. In re: State Grand Jury Investigation

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