Supreme Court Seal
Supreme Court Seal
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, October 15, 2019
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2018-001662   The State, Respondent, v. Tavarious Settles, Petitioner.

John William Roberts, of Willoughby & Hoefer, PA, of Columbia and Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown, Assistant Attorney General Caroline M. Scrantom, all of Columbia and Solicitor David Stumbo, of Greenwood, for Respondent.

Tavarious Settles was convicted of murder and possession of a weapon during the commission of a violent crime. The trial court sentenced him to concurrent prison sentences of forty-five years for murder and five years for the weapon charge. His murder sentence was subsequently reduced to forty years. The court of appeals affirmed. State v. Settles, Op. No. 2018-UP-214 (S.C. Ct. App. filed May 23, 2018). This Court granted Settles a writ of certiorari. Settles argues the trial court erred by (1) refusing to suppress his statement given to law enforcement and (2) refusing to conduct an individualized and meaningful sentencing hearing pursuant to Aiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (2014).

 10:00 a.m. (Time Limits: 10-10-5)  
2017-001178   The State, Respondent, v. Terrell Artieth Smith, Appellant.

Appellate Defender Lara M. Caudy, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General W. Jeffrey Young, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown and Assistant Attorney General Sherrie Butterbaugh, all of Columbia and Solicitor Scarlett A. Wilson, of Charleston, for Respondent. John H. Blume, of Cornell Law School, of New York and Lindsey S. Vann, of Justice 360, of Columbia, for Amici Curiae, Justice 360 and Cornell Juvenile Justice Project.

The Court is asked to determine whether the thirty-year mandatory minimum sentence for murder set forth in S.C. Code Ann. § 16-3-20(A) (2015) is unconstitutional as applied to juvenile homicide offenders because it fails to take into account the unique considerations of youth in violation of Miller v. Alabama, 567 U.S. 420 (2012), and Aiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (2014).

 10:30 a.m. (Time Limits: 15-15-5)  
2018-000494   The State, Appellant, v. Richard M. Quinn, Jr., Respondent.

First Circuit Solicitor David Michael Pascoe, Jr. and Assistant Solicitor William Baker Allen, Jr., both of Orangeburg, for Appellant. Matthew Terry Richardson, of Wyche Law Firm, of Columbia, for Respondent.

In this appeal, we review whether the trial court erred in determining a substantial factual basis existed to accept Respondent's guilty plea to a charge of statutory misconduct in office under S.C. Code Ann. § 8-1-80.

Wednesday, October 16, 2019
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2018-000959   Danny B. Crane, Petitioner, v. Raber's Discount Tire Rack, Employer, and South Carolina Uninsured Employers Fund, Carrier, Respondents.

Stephen Benjamin Samuels, of Samuels Law Firm, LLC, of Columbia, for Petitioner. Matthew Joseph Story and Daniel P. Ranaldo, both of Clawson & Staubes, LLC, of Charleston, and Lisa C. Glover, of the SC Uninsured Employers Fund, of Columbia, all for Respondents.

The Court granted certiorari to review the court of appeals' unpublished decision in Crane v. Raber's Discount Tire Rack, Op. No. 2018-UP-085 (S.C. Ct. App. filed Feb. 14, 2018).

 10:00 a.m. (Time Limits: 10-10-5)  
2018-000977   The State, Respondent, v. Billy Phillips, Petitioner.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan Wilson and Deputy Attorney General Donald J. Zelenka, both of Columbia and Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.

Billy Phillips was convicted of murder and possession of a weapon during the commission of a violent crime. The court of appeals affirmed his convictions. State v. Phillips, Op. No. 2018-UP-081 (S.C. Ct. App. filed Feb. 14, 2018). The Court granted Phillips a writ of certiorari. Phillips argues the court of appeals erred in affirming the trial court's admission of DNA expert testimony.

 10:30 a.m. (Time Limits: 15-15-5)  
2018-001990   In Re: The Estate of James Brown a/k/a James Joseph Brown, Tommie Rae Brown, Respondent, v. David C. Sojourner, Jr., in his capacity as Limited Special Administrator and Limited Special Trustee, Deanna Brown-Thomas, Yamma Brown, Venisha Brown, Larry Brown, Terry Brown, and Daryl Brown, Defendants, Of whom Deanna Brown-Thomas, Yamma Brown, Venisha Brown, are the Petitioners.

Robert C. Byrd and Alyson Smith Podris, both of Parker Poe Adams & Bernstein, LLP, of Charleston and Marc Toberoff, of Toberoff & Associates, P.A., of Malibu, California, for Petitioners. Robert N. Rosen, of Rosen Law Firm, LLC, of Charleston; S. Alan Medlin, of Columbia, Thomas Heyward Carter, Jr., Andrew W. Chandler and M. Jean Lee, all of Evans Carter Kunes & Bennett, PA of Charleston, David Lawrence Michel, of Michel Law Firm, LLC, of Mt. Pleasant, Arnold S. Goodstein, of Goodstein Law Firm, LLC, of Summerville and Gerald Malloy, of Malloy Law Firm, of Hartsville, for Respondent.

The Court has issued a writ of certiorari to review the decision of the court of appeals in In re Estate of James Brown, 424 S.C. 589, 818 S.E.2d 770 (Ct. App. 2018). The appeal concerns whether Respondent is the surviving spouse of the decedent. Petitioners argue the court of appeals erred in affirming the circuit court's order, which granted summary judgment to Respondent and found the marriage between Respondent and the decedent was not bigamous.

Tuesday, October 29, 2019
USC Upstate, Spartanburg
 09:30 a.m. (Time Limits: 10-10-5)  
2018-001641   David Rose, Petitioner, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

Travis Dayhuff, of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Petitioner. General Counsel Matthew Buchanan and Assistant General Counsel Tommy Evans, Jr., both of South Carolina Department of Probation Parole and Pardon Services, of Columbia, for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in Rose v. S.C. Dep't of Prob., Parole, and Pardon Servs, Op. No. 2018-UP-087 (S.C. Ct. App. filed June 13, 2018).

 10:30 a.m. (Time Limits: 15-15-5)  
2018-001478   The State, Respondent, v. Marquez Devon Glenn, Petitioner.

Roy F. Harmon, III, of Harmon & Major, PA; and Christopher Todd Brumback, of Brumback & Langley, LLC; and John Hampton Scully, all of Greenville, for Petitioner. Attorney General Alan McCrory Wilson and Special Assistant Attorney General J. Benjamin Aplin, both of Columbia, and Solicitor William Walter Wilkins, of Greenville, for Respondent.

Petitioner Marquez Glenn was charged with attempted murder and possession of a gun during a violent felony. This appeal concerns the denial of pretrial immunity held pursuant to Sections 16-11-440 and 450(A) of the South Carolina Code.

 11:30 a.m. (Time Limits: 15-15-5)  
2018-001351   BLH by parents/ general guardians Kenneth and Angela Hensley, and on behalf of all others similarly situated, Petitioners, v. South Carolina Department of Social Services, Respondent.

James Fletcher Thompson, of James Fletcher Thompson, LLC; and Charles J. Hodge and Timothy Ryan Langley, both of Hodge Law, PC, all of Spartanburg, for Petitioner. Andrew F. Lindemann and Joel S. Hughes, both of Lindemann, Davis & Hughes, PA, of Columbia, for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in BLH by Hensley v. S.C. Dep't of Soc. Servs., 423 S.C. 422, 814 S.E.2d 638 (Ct. App. 2018).

Wednesday, October 30, 2019
USC Upstate, Spartanburg
 09:30 a.m. (Time Limits: 15-15-5)  
2018-001365   The State, Respondent, v. Terry Williams, Petitioner.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Deputy Attorney General Megan Harrigan Jameson and Assistant Attorney General Mark Reynolds Farthing, all of Columbia and Solicitor Ernest Adolphus Finney, III, of Sumter, for Respondent.

Terry Williams was convicted of voluntary manslaughter, assault and battery of a high and aggravated nature (ABHAN), and possession of a weapon during the commission of a violent crime. The court of appeals affirmed. State v. Williams, Op. No. 2018-UP-176 (S.C. Ct. App. filed May 2, 2018). This Court granted Williams a writ of certiorari. Williams argues the trial court erred by allowing the State to question his wife at trial about two prior domestic violence incidents.

 10:30 a.m. (Time Limits: 15-15-5)  
2018-001655   Morningstar Fellowship Church, Petitioner, v. York County, South Carolina, Respondent.

Donald M. Brown, Jr., of Brown & Associates, PLLC, of Charlotte, North Carolina, for Petitioner. W. Keith Martens, of Hamilton Martens, LLC, of Rock Hill and Michael K. Kendree, Sr. of York, for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in Morningstar Fellowship Church v. York County, Op. No. 2018-UP-250 (S.C. Ct. App. filed June 13, 2018).

 11:30 a.m. (Time Limits: 15-15-5)  
2018-001468   Peggy D. Conits, Respondent, v. Spiro E. Conits, Petitioner.

David Alan Wilson, of Wilson & Englebardt, LLC, of Greenville, for Petitioner. Timothy E. Madden, of Greenville, for Respondent.

This Court granted certiorari to review the court of appeals' decision affirming the family court's finding that a family farm in Greece was considered marital property.

 

Cases to be Submitted Without Oral Argument

Oscar Fortune, Petitioner, v. State of South Carolina, Respondent.

Elizabeth Anne Franklin-Best, of Columbia, for Petitioner. Attorney General Alan M. Wilson, Senior Assistant Deputy Attorney General Megan Harrigan Jameson and Assistant Attorney General Johnny Ellis James, Jr., all of Columbia, for Respondent.

J. Scott Kunst, Respondent, v. David Loree, Petitioner.

Violet Elizabeth Wright, of V. Elizabeth Wright Law Firm, LLC, of Greenville, and Gregory K. Smith, of Smith, Gambrell & Russell, of Atlanta, both for Petitioner. J. Scott Kunst, of Pittsburgh, Pennsylvania, Pro se Respondent.

South Carolina Human Affairs Commission, Appellant, v. Zeyi Chen & Zhirong Yang, Respondents.

R. Alexander Pate, II and Lee Ann Rice, both of South Carolina Human Affairs Commission, of Columbia and Karl S. Bowers, Jr., of Bowers Law Office, LLC, of Columbia, for Appellant. Zeyi Chen and Zhirong Yang, both of Charleston, Pro se Respondents.