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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.
Thursday, January 11, 2018
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 10-10-5)  
2016-000876   Frankie Lee Bryant, III, Petitioner, v. State of South Carolina, Respondent.

Chief Appellate Defender Robert Michael Dudek and Appellate Defender Lara Mary Caudy, both of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent.

In this post-conviction relief matter, Petitioner Frankie Bryant challenges the court of appeals' decision to reverse the PCR court's conclusion to grant a new trial based on the failure to object to jury charges on self-defense.

 10:00 a.m. (Time Limits: 15-15-5)  
2016-000428   James Jefferson Jowers, Sr., Andrew J. Anastos, Ben Williamson, Melanie Ruhlman and Anthony Ruhlman, Appellants, v. South Carolina Department of Health and Environmental Control, Respondent.

Amy E. Armstrong, Amelia A. Thompson and Jessie A. White, all of South Carolina Environmental Law Project, of Pawleys Island, for Appellants. Attorney General Alan Wilson, Solicitor General Robert D. Cook, Deputy Solicitor General J. Emory Smith, Jr., Senior Assistant Attorney General T. Parkin C. Hunter, Assistant General Counsel Michael S. Traynham, all of Columbia and Lisa A. Reynolds, of Anderson, Reynolds & Stephens, LLC, of Charleston, for Respondent. M. McMullen Taylor, of Mullen Taylor, LLC, of Columbia and John D. Echeverria, of Vermont School of Law, South Royalton, Vermont, for Amicus Curiae, Congaree Riverkeeper, Inc.

The Court heard this case in December 2016 and issued an opinion in July 2017. See Jowers v. S.C. Dep't of Health and Envtl. Control, Op. No. 27725 (S.C. Sup. Ct. filed July 19, 2017). The Court then granted rehearing on the public trust issue.

 10:30 a.m. (Time Limits: 10-10-5)  
2016-001456   Onrae Williams, Petitioner, v. State of South Carolina, Respondent.

Elizabeth Scott Moise and Matthew E. Brown, both of Nelson Mullins Riley & Scarborough LLP, of Charleston, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Lindsey A. McCallister, both of Columbia, for Respondent.

This is a post-conviction relief (PCR) matter. The Court granted certiorari to review the court of appeals' decision in Williams v. State, Op. No. 2016-UP-015 (S.C. Ct. App. filed Jan. 13, 2016). The Court is asked to determine whether there is any evidence to support the PCR court's finding that Petitioner understood the consequences of rejecting a plea bargain and proceeding to trial when the State was seeking mandatory life in prison without parole.

Wednesday, January 31, 2018
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2016-000594   South Carolina Department of Transportation, Respondent, v. David Franklin Powell, Petitioner.

Howell V. Bellamy, Jr. and Robert S. Shelton, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, PA, of Myrtle Beach, for Petitioner. John B. McCutcheon, of Thompson & Henry, PA, of Conway and Beacham O. Brooker, Jr., of South Carolina Department of Transportation, of Columbia, for Respondent.

In this eminent domain case, the Court addresses whether Petitioner David Powell is entitled to compensation for the diminution in value of his property as a result of the decision by Respondent South Carolina Department of Transportation to reconfigure the road that Petitioner used to access his property.

 10:00 a.m. (Time Limits: 15-15-5)  
2017-000806   Ex Parte: Mickey Ray Carter, Jr. and Nila Collean Carter, Movants, Of Whom Nila Collean Carter is Petitioner. In Re: John Roe and Mary Roe, Respondents, v. L.C. and X.C., minors under the age of seven years, Defendants.

Allen Mattison Bogan, of Nelson, Mullins, Riley & Scarborough, of Columbia, for Petitioner. Emily M. Barrett, Thomas P. Lowndes, Jr., both of Lowndes & Barrett, LLC, of Charleston, and Kenneth Jay Anthony, of the Anthony Law Firm, P.A., of Spartanburg, all for Respondents.

The Court reviews the court of appeals' decision in Ex Parte Carter, Op. No. 2017-UP-043 (S.C. Ct. App. filed Jan. 13, 2017).

 

Cases to be Submitted Without Oral Argument

Terrance McCall, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia and Tiffany L. Butler, of Duff & Childs, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Valerie Garcia Giovanoli, both of Columbia, for Respondent.

Curtis Ray Nealey, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Jessica Elizabeth Kinard, both of Columbia, for Respondent.

Randall Price, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, and Benjamin John Tripp of Beaufort, SC for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Valerie Garcia Giovanoli, both of Columbia, for Respondent.

Sammy Cowan, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Lindsey Ann McCallister, both of Columbia, for Respondent.

Robert Gantt and Edward K. White, Respondents, v. Samuel J. Selph as Director, and Marjorie Johnson, Adell Adams, E. Peter Kennedy, Sylvia Holley and Jane Emerson as the Members of the Board of Voter Registration and Elections of Richland County, The Board of Voter Registration and Elections of Richland County, and Kim Murphy, Defendants, Of whom Kim Murphy is the Appellant.

Brian C. Gambrell, of The Law Offices of Jason E. Taylor, PC, of Columbia, for Appellant. Michael H. Montgomery, of Montgomery Willard, LLC, of Columbia, for Respondents.