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Supreme Court - Roster of Cases for Hearing

March 2017

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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, March 1, 2017
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2015-002401    The State, Respondent, v. Lamont Antonio Samuel, Petitioner.

Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General J. Robert Bolchoz, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia; and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.

The Court granted certiorari to review the court of appeals' decision in State v. Samuel, 414 S.C. 206, 777 S.E.2d 398 (Ct. App. 2015).

10:00 a.m. (Time Limits: 15-15-5)
2016-000999    The City of Columbia, Respondent, v. Johnnie L. Clark and Harriet Clark, Appellants.

Henry Pickett Wall, of Bruner Powell Wall & Mullins, LLC, of Columbia, for Appellants. Jessica R. Mangum, of Office of the City Attorney, of Columbia, for Respondent.

In municipal court, Johnnie L. Clark and Harriet Clark were found guilty of violating subsection 8-67(c) of the Code of Ordinances of the City of Columbia. The Clarks appealed and the circuit court denied the appeal. The Clarks now appeal the circuit court's order, pursuant to Rule 203(d)(1)(A)(ii) of the South Carolina Appellate Court Rules, claiming (1) their First Amendment arguments are preserved for review, and (2) the municipal court erred in applying the incorrect legal standard to their First Amendment claims.

10:30 a.m. (Time Limits: 10-10-5)
2015-002103    Linda Rodarte, J. Perry Kimball, George M. Lee, III, Mena H. Gardiner, and John Love, Plaintiffs, Of whom George M. Lee, III, Mena H. Gardiner and John Love are Respondents, v. University of South Carolina and University of South Carolina Gamecock Club, Petitioners.

Robert E. Stepp and Bess J. DuRant, both of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Petitioners. J. Lewis Cromer and Julius W. Babb, IV, both of J. Lewis Cromer & Associates, LLC, of Columbia, for Respondents.

The Court reviews the court of appeals' decision in Rodarte v. University of South Carolina, Op. No. 2015-UP-357 (S.C. Ct. App. filed July 15, 2015).

Wednesday, March 22, 2017
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2016-000005    The State, Respondent, v. Harold Bennon Cartwright, III, Petitioner.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia and Solicitor Strom Thurmond, Jr., of Aiken, all for Respondent.

The Court granted certiorari to review the Court of Appeals' decision in State v. Cartwright, Op. No. 2015-UP-466 (S.C. Ct. App. September 30, 2015), wherein the Court of Appeals affirmed the trial court's decision to admit evidence regarding Petitioner's consciousness of guilt and qualify a witness as an expert in child sexual abuse dynamics.

10:00 a.m. (Time Limits: 10-10-5)
2016-000405    Claude McAlhany, Respondent, v. Kenneth A. Carter, Sr. d/b/a Carter & Son Pest Control, Carter & Son Pest Control, Inc. and Erick Cogburn, Petitioners.

James C. Cox, III and Trevor M. Hughey, both of Grier, Cox & Cranshaw, LLC, of Columbia, Richard Ness and Alison D. Hood, both of Ness & Jett, LLC, of Bamberg, for Petitioners. William F. Barnes, III and R. Alexander Murdaugh, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, PA, of Hampton, for Respondent.

The Court granted certiorari to review the court of appeals' decision in McAlhany v. Carter, 415 S.C. 54, 781 S.E.2d 105 (Ct. App. 2015).

10:30 a.m. (Time Limits: 10-10-5)
2016-002464    In the Matter of Heather Mary Boone McKeever, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, both of Columbia, for the Office of Disciplinary Counsel. Joseph Stephen Schmutz and John E. Romanosky, Jr., both of Charleston, for Respondent.

This is an attorney disciplinary matter.