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South Carolina
Judicial Department
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.
Wednesday, February 20, 2019
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2016-002542   Coves Darden, LLC, Petitioner, v. Francisco Jose Garcia Ibañez, Dori Derr, and Half Moon Stables, LLC, Respondents.

M. Baron Stanton, of Stanton Law Offices, PA, of Columbia, for Petitioner. Thomas Roy Young, Jr., of the Law Offices of Tom Young, Jr., PC, of Aiken, for Respondents.

The Court granted Petitioner a writ of certiorari to review the court of appeals' decision in Coves Darden, LLC v. Ibañez, Op. No. 2016-UP-402 (S.C. Ct. App. filed Aug. 17, 2016), in which the court of appeals affirmed the trial court's grant of summary judgment in favor of Respondents as to all of Petitioner's claims.

 10:00 a.m. (Time Limits: 15-15-5)  
2017-001898   Anderson County, Petitioner-Respondent, v. Joey Preston and the South Carolina Retirement System, Defendants, Of whom Joey Preston is the Respondent-Petitioner and the South Carolina Retirement System is Respondent.

James Theodore Gentry and Wade Stackhouse Kolb III, both Wyche Law Firm, of Greenville, and Alice Witherspoon Parham Casey, of Wyche Law Firm, of Columbia, all for Petitioner-Respondent. Lane Whittaker Davis, of Nelson Mullins Riley & Scarborough, LLP, of Greenville; and Candy M. Kern-Fuller, of Upstate Law Group, LLC, of Easley, both for Respondent-Petitioner. Justin Richard Werner, of SC Public Benefit Authority, of Columbia, for Respondent.

This case arises out of Anderson County Council's approval of a severance agreement (the Severance Agreement) for outgoing county administrator Joey Preston. Anderson County (the County) initiated the instant lawsuit against Preston seeking rescission of the Severance Agreement. After a non-jury trial, the circuit court entered judgment in favor of Preston on all causes of action as well as his counterclaim against the County. The County appealed, and the Court of Appeals, in determining that the Severance Agreement was void, affirmed in part, reversed in part, and remanded for further proceedings. Anderson Cnty. v. Preston, 420 S.C. 546, 804 S.E.2d 282 (Ct. App. 2017). This Court granted the parties' cross petitions for writs of certiorari to review the decision of the Court of Appeals.

 10:30 a.m. (Time Limits: 10-10-5)  
2017-001928   The State, Respondent, v. Dean Nelson Seagers, Petitioner.

Tara Dawn Shurling, of Columbia, for Petitioner. Attorney General Alan Wilson, Assistant Attorney General Joshua Abraham Edwards, both of Columbia and Solicitor Scarlett A. Wilson, of Charleston, for Respondent.

Petitioner Dean Seagers was found guilty of Distribution of Cocaine Base. On direct appeal, the Court granted certiorari to determine whether the trial court erred in charging the jury the law of accomplice liability.

Thursday, February 21, 2019
Patriot Hall in Sumter SC
 09:30 a.m. (Time Limits: 10-10-5)  
2017-001990   The State, Respondent, v. Shane Adam Burdette, Petitioner.

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown, Senior Assistant Attorney General William M. Blitch, Jr. and Assistant Attorney General Susannah R. Cole, all of Columbia; and Solicitor David R. Wagner, of Anderson, for Respondent.

Shane Adam Burdette was indicted for murder and possession of a weapon during the commission of a violent crime. A jury convicted Burdette of possession of a weapon during the commission of a violent crime and the lesser-included offense of voluntary manslaughter. The court of appeals affirmed. State v. Burdette, Op. No. 2017-UP-237 (S.C. Ct. App. filed June 7, 2017). This Court granted Burdette's petition for a writ of certiorari to review whether the court of appeals erred in concluding Burdette "suffered no prejudice" from an erroneous jury charge regarding the inference of malice from the use of a deadly weapon.

 10:15 a.m. (Time Limits: 15-15-5)  
2018-000354   Paula Russell, Claimant, Petitioner, v. Wal-Mart Stores, Inc., Employer, and Illinois National Insurance Company, Carrier, Respondents.

C. Daniel Vega, of Chappell Smith & Arden, P.A., of Columbia, for Petitioner. Johnnie W. Baxley, III, of Willson Jones Carter & Baxley, of Mount Pleasant, for Respondents.

The Court granted Petitioner's writ of certiorari to determine whether the court of appeals erred in dismissing Petitioner's appeal from the Workers' Compensation Commission.

 11:00 a.m. (Time Limits: 15-15-5-5)  
2017-002369   Charleston County Assessor, Petitioner-Respondent, v. University Ventures, LLC, Respondent-Petitioner.

Morris Arthur Ellison and William Thomas Dawson, III, both of Womble Bond Dickinson (US) LLP, of Charleston, for Respondent-Petitioner. Joseph Dawson, III, Bernard E. Ferrara, Jr., Austin Adams Bruner, Johanna Serrano Gardner all of North Charleston, for Petitioner-Respondent.

The Court granted cross-petitions for writs of certiorari to review the court of appeals' decision in Charleston County Assessor v. University Ventures, L.L.C., 421 S.C. 194, 805 S.E.2d 216 (Ct. App. 2017).

 

Cases to be Submitted Without Oral Argument

Eric Darien, Petitioner, v. State of South Carolina, Respondent.

Appellate DefenderSusan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Christian Aaron Saville of Columbia SC for Respondent State of South Carolina,