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South Carolina
Judicial Branch
Supreme Court - Roster of Cases for Hearing

   
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, March 5, 2024
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2023-000318   KCI USA, Inc., Respondent, v. South Carolina Department of Revenue, Appellant.

Marcus Dawson Antley, III, and Jason Phillip Luther, of Columbia, for Appellant. James F. Reames, III, and Jennifer Joan Hollingsworth, of Maynard Nexsen, PC, of Columbia; Michael Hilkin, of New York, NY, and Catherine A. Battin, of Chicago, IL, both pro hac vice, of McDermott Will & Emery, LLP, all for Respondent.

These consolidated cases involve a Dormant Commerce Clause constitutional challenge to the durable medical equipment tax exemption found in section 12-36-2120(74) of the South Carolina Code.

 09:30 a.m. (Time Limits: 15-15-5)  
2023-000317   Orthofix, Inc., Respondent, v. South Carolina Department of Revenue, Appellant.

Marcus Dawson Antley, III, and Jason Phillip Luther, of Columbia, for Appellant. James F. Reames, III, and Jennifer Joan Hollingsworth, of Maynard Nexsen, PC, of Columbia; Michael Hilkin, of New York, NY, and Catherine A. Battin, of Chicago, IL, both pro hac vice, of McDermott Will & Emery, LLP, all for Respondent.

These consolidated cases involve a Dormant Commerce Clause constitutional challenge to the durable medical equipment tax exemption found in section 12-36-2120(74) of the South Carolina Code.

 11:30 a.m. (Time Limits: 15-15-5)  
2022-001095   Samuel Paulino, Claimant, Petitioner, v. Diversified Coatings, Inc., Employer, and Amguard Ins. Co., Carrier, Respondents.

Stephen N. Garcia, of Garcia Law, LLC, of Greenville, for Petitioner. George D. Gallagher, of Speed, Seta, Martin, Trivett, Stubley & Fickling, LLC, of Columbia, for Respondents.

We granted a writ of certiorari to review the court of appeals' opinion in Paulino v. Diversified Coatings, Inc., 2022-UP-096 (S.C. Ct. App. filed Mar. 9, 2022). We will consider whether the Workers' Compensation Commission's finding that the claimant was permanently and totally disabled under S.C. Code Ann. ยง 42-9-30(21) (2015) was supported by substantial evidence.

Wednesday, March 6, 2024
Supreme Court Courtroom
 09:00 a.m. (Time Limits: 15-15-5)  
2022-000760   The State, Respondent, v. Eric Emanuel English, Petitioner.

Appellate Defender Joanna Katherine Delany, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Senior Assistant Attorney General Mark Reynolds Farthing, of Columbia; and Solicitor Samuel R. Hubbard, III, of Lexington, all for Respondent.

We granted Eric English's petition for a writ of certiorari to review the court of appeals' decision in State v. English, 436 S.C. 338, 872 S.E.2d 191 (Ct. App. 2022) affirming English's conviction for first-degree criminal sexual conduct with a minor. We will determine whether the trial court erred in admitting English's STD test results without requiring testimony from the persons who tested English's samples and determined the test results.

 10:00 a.m. (Time Limits: 20-20-10)  
2023-001673   Candace Eidson, on behalf of herself and her minor child; Coneitra Miller, on behalf of herself and her minor child; Joy Brown, on behalf of herself and her minor children; Crystal Rouse, on behalf of herself and her minor children; Amanda McDougald Scott, on behalf of herself and her minor child; Penny Hanna, on behalf of herself and her minor children; the South Carolina State Conference of the NAACP; and The South Carolina Education Association, Petitioners, v. South Carolina Department of Education; Ellen Weaver, in her official capacity as State Superintendent of Education; South Carolina Office of the Treasurer; and Curtis M. Loftis, Jr., in his official capacity as State Treasurer of South Carolina, Respondents and Henry D. McMaster, in his official capacity as Governor of the State of South Carolina; Thomas C. Alexander, in his official capacity as President of the South Carolina Senate; and G. Murrell Smith, Jr., in his official capacity as Speaker of the House of Representatives, Intervenors-Respondents.

William P. Tinkler, of Tinkler Law Firm, of Charleston, W. Allen Nickles, III, of Nickles Law Firm, of Columbia, Wendy Lecker and Jessica Levin, pro hac vice of New Jersey, Kristen L. Hollar, Alice M. O'Brien, Grace Rybak, and Ramya Ravindran, pro hac vice of Washington, DC; Robert Brian Critzer and Kaye Gorenflo Hearn, both of Wyche, PA, of Columbia, and Glynnis Alexia Hagins, for the NAACP, of North Carolina, all for Petitioners Candace Eidson, on behalf of herself and her minor child, et al., South Carolina Education Association, and South Carolina State Conference of the NAACP. Attorney General Alan McCrory Wilson, Solicitor General Robert D. Cook, Deputy Solicitor General J. Emory Smith, Jr., Assistant Deputy Attorney General, Harley L. Kirkland, all of Columbia; Miles Edward Coleman, of Nelson Mullins Riley & Scarborough, LLP, of Columbia and Daniel R. Suhr, pro hac vice of Illinois, all for Respondents Curtis M. Loftis, Jr. and South Carolina Department of Education and Ellen Weaver in her official capacity. Matthew Todd Carroll and Kevin A. Hall, both of Womble Bond Dickinson, LLP, of Columbia; Chief Legal Counsel Thomas Ashley Limehouse, Jr., Senior Litigation Counsel William Grayson Lambert, and Deputy Legal Counsel Erica Wells Shedd, all of the Office of the Governor, of Columbia, James Keith Gilliam and Bradley Scott Wright, both of Burr & Forman, LLP, of Greenville, all for Intervenors Thomas C. Alexander, Henry D. McMaster and G. Murrell Smith, Jr. (There are numerous amicus curiae parties in this case)

Petitioners have challenged the constitutionality of 2023 Act No. 8 (S.39), also known as the Education Scholarship Trust Fund.

Tuesday, March 26, 2024
Supreme Court Courtroom
 10:30 a.m. (Time Limits: 10-10-5)  
2022-000661   John M. Burgess, Petitioner, v. Katherine C. Hunter, Respondent.

Stephen N. Garcia, of Garcia Law, LLC, of Greenville, for Petitioner. Andrew F. Lindemann, of Lindemann Law Firm, P.A., of Columbia, for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in Burgess v. Hunter, Op. No. 2022-UP-036 (S.C. Ct. App. filed Feb. 2, 2022).

 11:30 a.m. (Time Limits: 15-15-5)  
2022-000806   The State, Petitioner, v. Phillip Wayne Lowery, Respondent.

Attorney General Alan McCory Wilson and Assistant Attorney General Ambree Michele Muller, both of Columbia; and Solicitor William Walter Wilkins, III, of Greenville, all for Petitioner. Chief Appellate Defender Robert Michael Dudek and Appellate Defender Gary Johnson, both of Columbia, for Respondent.

We granted the State's petition for a writ of certiorari to review the court of appeals' reversal of the defendant's DUI conviction in State v. Lowery, 436 S.C. 349, 872 S.E.2d 197 (Ct. App. 2022). We will determine whether (1) the trial court erred in admitting Lowery's pre-Miranda, incriminating statements; and (2) the State failed to comply with the DUI video recording statute, S.C. Code section 56-5-2953.

Wednesday, March 27, 2024
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2022-000756   Debi Baker Brookshire, Petitioner, v. Community First Bank and Benjamin Hiott, Defendants, Of Which Community First Bank is the Respondent.

Warren Blair Giese and Kelly Lloyd Giese, of The Giese Law Firm, LLC, of Columbia; and Jonathan D. Waller, of Aiken, all for Petitioner. Robert Yates Knowlton, Sr. and Elizabeth Halligan Black, of Haynsworth Sinkler Boyd, PA, of Columbia, for Respondent.

We granted a writ of certiorari to review the court of appeals' decision in Brookshire v. Community First Bank, 2022-UP-163 (S.C. Ct. App. filed April 6, 2022). We will review whether the court of appeals erred in (1) not ruling why the debt owed to Brookshire was not governed by S.C. Code Ann. Section 15-3-110; (2) finding there was a single trigger date for the statute of limitations in this case, when the alleged injuries were multiple and continuing; and (3) determining that equitable tolling did not suspend the statute of limitations clock and estop Community First from asserting the statute of limitations?

 10:30 a.m. (Time Limits: 20-20-10)  
2022-000914   The State, Respondent, v. Richard Kenneth Galloway, Petitioner.

Appellate Defender Joanna Katherine Delany for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Joshua A. Edwards, both of Columbia; and Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

We granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. Galloway, 436 S.C. 453, 872 S.E.2d 646, (Ct. App. 2022). Galloway argues the trial court erred by 1) excluding certain expert testimony, 2) admitting testimony in violation of 404(b), SCRE, and 3) admitting testimony about the contents of a letter.

 11:30 a.m. (Time Limits: 15-15-5)  
2022-001028   Alison Meyers, Petitioner, v. Shiram Hospitality, LLC, Respondent.

Stephanie Holmes Burton, of Gibbes Burton, LLC, of Spartanburg; and Brendan R. Appel, pro hac vice, of Northfield, IL, both for Petitioner. C. Scott Masel, of Newby, Sartip & Masel, LLC, of Myrtle Beach, for Respondent.

We granted Meyers' petition for a writ of certiorari to review the court of appeals' decision affirming the circuit court in Meyers v. Shiram Hospitality, LLC, Op. No. 2022-UP-214 (S.C. Ct. App. filed May 18, 2022). We will determine whether the circuit court erred in denying Meyer's motion for entry of an Illinois default judgment on the basis that the Illinois court lacked personal jurisdiction over Shiram Hospitality, LLC.