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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, September 21, 2021
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 10-10-5)  
2020-001184   The State, Petitioner, v. Kenneth Taylor, Respondent.

Attorney General Alan Wilson, Senior Assistant Deputy Attorney General William M. Blitch, Jr. and Solicitor Barry J. Barnette, of Columbia, for Petitioner. Kenneth Taylor, pro se Respondent. Jason Scott Luck of Bennettsville as Amicus Curiae for South Carolina Association of Criminal Defense Lawyers.

The magistrate dismissed this DUI case because Respondent was heard but not shown on the video recording while being advised of his Miranda rights, finding this was in violation of S.C. Code Ann. ยง 56-5-2953(A). The circuit court and court of appeals affirmed. State v. Taylor, Op. No. 2020-UP-215 (S.C. Ct. App. filed July 15, 2020). The Court granted the State's petition for a writ of certiorari to review the court of appeals' decision.

 10:30 a.m. (Time Limits: 15-15-5)  
2018-002090   The State, Respondent, v. Mary Ann German, Appellant.

David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Joshua Abraham Edwards, both of Columbia , for Respondent.

Appellant appeals her conviction for felony DUI resulting in death, arguing the circuit court erred in denying her motion to suppress BAC evidence obtained from a warrantless blood draw taken after her arrest. The Court of Appeals requested certification to the Supreme Court pursuant to Rule 204(B), SCACR. The Court will consider whether section 56-5-2946 of the South Carolina Code is constitutional and whether a warrantless blood draw is permissible as a search incident to arrest.

Wednesday, September 22, 2021
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2021-000027   Poly-Med, Inc., Plaintiff, v. Novus Scientific Pte. Ltd., Novus Scientific, Inc.; Novus Scientific AB, Defendants.

Stephen L. Brown and Russell G. Hines of Clement Rivers, LLP of Charleston, for Plaintiff. Mark C. Dukes, Jennifer L. Mallory, A. Mattison Bogan and Robert H. McWilliams, Jr. of Nelson Mullins Riley & Scarborough, LLP of Columbia, for Defendants.

The United States Court of Appeals for the Fourth Circuit has certified a question of law to this Court pursuant to Rule 244, SCACR.

 10:30 a.m. (Time Limits: 10-10-5)  
2020-000653   The State, Respondent, v. Kelvin Jones, Petitioner.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Petitioner. Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody J. Brown and Assistant Attorney General Michael D. Ross, all of Columbia, for Respondent.

Petitioner was convicted of trafficking cocaine and possession with intent to distribute cocaine within proximity of a school. Before trial, Petitioner filed a motion to suppress drugs seized based on a warrant that lacked probable cause, which the trial court denied. On appeal, the court of appeals found the issue not preserved for review, and we granted certiorari.