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State v. Gamble

Supreme Court of South Carolina

February 10, 2010

The State of South Carolina, Prosecutor,
v.
Charles Gamble, Defendant, The State of South Carolina, Prosecutor,
v.
Julian Whatley, Defendant, The State of South Carolina, Prosecutor,
v.
Joseph Ard, Defendant, The State of South Carolina, Prosecutor,
v.
Carmen Major Jenkins, Defendant, The State of South Carolina, Prosecutor,
v.
Clarence William Jenkins, Defendant, State of South Carolina, Prosecutor,
v.
Nicholas Freeman, Antonio Bernard Melton, James E. Murphy, II, Rodriguez Lewis, Johnell Alquinn Richardson, and Archie Lee Wilder, Defendants, Joyce Duncanson, on behalf of herself and others similarly situtated, Plaintiffs,
v.
Aiken Regional Medical Centers, Inc., Defendant, Susan Stanfield, on behalf of herself and all others similarly situated, Plaintiffs,
v.
Anderson Area Medical Center, Defendant, Jerry C. Grubb and Cathy Lynn Dockins on behalf of themselves and all others similarly situated, Plaintiffs,
v.
Tenet South Carolina, Inc. d/b/a Hilton Head Regional Medical Center, East Cooper Regional Medical Center and Piedmont Medical Center, Defendants, Andrew N. Page, III and Marsha Monteith, on behalf of themselves and others similarly situated, Plaintiffs,
v.
CareAlliance Health Services Corporation d/b/a Roper St. Francis Healthcare et al, Defendants, Robert A. Singletary, Sr. and all others similarly situated, Plaintiffs,
v.
Tenet Healthsystem Medical, Inc. d/b/a East Cooper Community Hospital, LLC. a/k/a East Cooper Regional Medical Center, Tenet Healthsystem Hilton Head, Inc., a/k/a Hilton Head Medical Center, And Piedmont Medical Center, Defendants, Ellen P. Cusamano and all others similarly situated, Plaintiffs,
v.
Trident Medical Center, LLC d/b/a Trident Medical Center, Burton Avenue Medical Associates, LLC a/k/a Summerville Medical Center, LLC, Colleton Medical Center, Daniel Island Medical Center, Moncks Corner Medical Center, St. George Diagnostic Center and Archdale Medical Center, Defendants, David Blair and all others similarly situated, Plaintiffs,
v.
Medical University of South Carolina, Defendant, David Blair and all others similarly situated, Plaintiffs,
v.
CareAlliance Health Services, Inc. d/b/a Roper Hospital, Inc. and Bon Secours St. Francis Xavier Hospital, Inc., Defendants, Deborah Wilson and all others similarly situated, Plaintiffs,
v.
CareAlliance Health Services, Inc. d/b/a Roper Hospital, Inc. and Ben Secours St. Francis Xavier Hospital, Inc., Defendants, Olga S. Estrada, Plaintiff,
v.
Gaffney H.M.A., Inc. d/b/a Upstate Carolina Medical Center, Defendant, Charles D. Bell, on behalf of himself and all others similarly situated, Plaintiffs,
v.
Georgetown Hospital System d/b/a Georgetown Memorial Hospital and Waccamaw Community Hospital, Defendants, Greenville Hospital System, Plaintiff,
v.
Van Jadone Bagwell and Jennifer Bagwell, Defendants, William S. Robertson, as Personal Representative for the Estate of Mildred Driggers Robertson, Deceased, and all others similarly situated, Plaintiffs,
v.
Greenville Hospital System, Defendant, Willie H. Freeman, et al, Plaintiffs,
v.
Self Regional Healthcare, Defendant, Andrew N. Page, III, on behalf of himself and all others similarly situated, Plaintiffs,
v.
HCA, Inc. d/b/a Grand Strand Regional Medical Center, Colleton Medical Center, Colleton Surgical Center, Grand Dunes Surgical Center, Summerville Medical Center and Trident Medical Center, Defendants, Austin Martin, on behalf of himself and all others similarly situated, Plaintiffs,
v.
Conway Medical Center, Defendant, Lynn Bisbee, on behalf or herself and all others similarly situated, Plaintiffs,
v.
Kershaw County Medical Center, Defendant, Mona E. Reese, Debby Werth, and Seneca B. Henry, on behalf of themselves and all others similarly situated, Plaintiff,
v.
Lexington Medical Association, Inc. d/b/a Lexington Medical Center Batesburg-Leesville, et al, Defendants, Christopher Michael Augustine and all others similarly situated, Plaintiffs,
v.
Lexington Health Services District, Inc., d/b/a Lexington Medical Center, Defendant, Matthew F. Job and all others similarly situated, Plaintiffs,
v.
Lexington Health Services District, Inc. d/b/a Lexington Medical Center, Defendant, Charles D. Bell, on behalf of himself and all others similarly situated, Plaintiffs,
v.
Oconee Memorial Hospital, Inc. d/b/a Oconee Memorial Hospital, Defendants, Willie R. Morgan and James M. Davis, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
The Regional Medical Center of Orangeburg, Defendants, Jarrod Garrett, et al, Plaintiffs,
v.
Palmetto Health Alliance d/b/a Palmetto Health Richland, Palmetto Health Baptist, and Palmetto Health Easley, Defendants, Alexis Sams, Plaintiff,
v.
Palmetto Health Alliance d/b/a Palmetto Richland & Palmetto Baptist, Defendants, Frances Bonetto, Plaintiff,
v.
Palmetto Health Alliance d/b/a Palmetto Richland & Palmetto Baptist, Defendant, Charles J. Glenn, Jr., on behalf of himself and all others similarly situated, Plaintiffs,
v.
Sisters of Charity Providence Hospitals, d/b/a Providence Hospital, Defendant, Kathy Green and all others similarly situated, Plaintiffs,
v.
Sisters of Charity Providence Hospitals, Defendant, Alexis Sams, Plaintiff,
v.
Palmetto Health Alliance, Defendant, Spartanburg Regional Medical Center, Plaintiff,
v.
Melissa Doiron, Defendant, Spartanburg Regional Medical Center, Plaintiff,
v.
Virgil Hamrick, III. Defendant, Andrew N. Page, III, on behalf of himself and all others similarly situated, Plaintiffs,
v.
Spartanburg Regional Healthcare System d/b/a Spartanburg Regional Medical Center, Spartanburg Hospital for Restorative Care, B.J. Workman Memorial Hospital, & Gibbs Regional Cancer Center, Defendants, Tammy Rogers, as Personal Representative for the Estate of Elwillie Hill Smith, and all others similarly situated, Plaintiffs,
v.
Spartanburg Regional Healthcare System, Defendants, Brenda Waddell Watt and all others similarly situated, Plaintiffs,
v.
Spartanburg Regional Healthcare System, Defendants, Bashirah DuBose, Linda Ann Hughes, Eddie L. Arrants, Jr., and Doris Bean, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
Tuomey, Inc. d/b/a Tuomey Healthcare System, Defendant,

         Richland County 2006-GS-40-10427, 10428, 10429, 10430, 10431, 2007-GS-40-4848, 4849, 4851, 5136, 5139, 5140, 5141, Lexington County 1993-GS-32-2353, Greenville County 2008-GS-23-8407, 8408, 2008-GS-23-8409, State Grand Jury Investigation No. 191 Florence County 2009-GS47-07, Aiken County 2004-CP-02-1275, Anderson County 2004-CP-04-3017, Beaufort County 2004-CP-07-1660, Charleston County 2004-CP-10-3836, 2004-CP-10-4212, 2004-CP-10-4214, 2004-CP-10-4215, 2004-CP-10-4217, 2004-CP-10-4218, Cherokee County 2004-CP-11-0745, Georgetown County 2005-CP-22-0112, Greenville County 2004-CP-23-5365, 2004-CP-23-7309, Greenwood County 2004-CP-24-1426, Horry County 2004-CP-26-5033, 2004-CP-26-5308, Kershaw County 2004-CP-28-0630, Lexington County 2004-CP-32-3175, 2004-CP-32-3201, 2004-CP-32-3397, Oconee County 2005-CP-37-0107, Orangeburg County 2004-CP-38-1204, Richland County 2004-CP-40-4116, 2004-CP-40-4168, 2004-CP-40-4362, 2004-CP-40-5324, 2004-CP-40-5576, Spartanburg County 2004-CP-42-0970, 2004-CP-42-2681, 2004-CP-42-2682, 2004-CP-42-3104, 2004-CP-42-3189, 2004-CP-42-3356, Sumter County 2004-CP-43-1113.

          ORDER

          Jean Hoefer Toal Chief Justice.

         I find that the election of an additional Circuit Judge from the Twelfth Judicial allows me to assign the Honorable Ralph King Anderson, Jr., retired Judge of the Court Appeals serving as a Circuit Judge, to complex civil and criminal cases such as those above which require beginning to end management by an experienced trial judge. Now, therefore,

         IT IS ORDERED that the Honorable Ralph King Anderson, Jr. be vested with exclusive jurisdiction to hear and dispose of the case of The State of South Carolina v. Charles Gamble. Judge Anderson shall decide all matters pertaining to this case, including motions to appoint or relieve counsel, and pursuant to this assignment shall exercise all powers and duties of a presiding circuit judge of the Fifth Judicial Circuit. Judge Anderson shall retain jurisdiction over this case regardless of where he may be assigned to hold court and may schedule such hearings as may be necessary at any time without regard to whether there is a term of court scheduled. The Order dated July 17, 2009 assigning this case to the Honorable G. Thomas Cooper is hereby rescinded.

         IT IS FURTHER ORDERED that the Honorable Ralph King Anderson, Jr. be vested with exclusive jurisdiction to hear and dispose of the case of The State of South Carolina v. Julian Whatley. Judge Anderson shall decide all matters pertaining to this case, including motions to appoint or relieve counsel, and pursuant to this assignment shall exercise all powers and duties of a presiding circuit judge of the Fifth Judicial Circuit. Judge Anderson shall retain jurisdiction over this case regardless of where he may be assigned to hold court and may schedule such hearings as may be necessary at any time without regard to whether there is a term of court scheduled. The Order dated March 27, 2009 assigning this case to the Honorable J. Michelle Childs is hereby rescinded.

         IT IS FURTHER ORDERED that the Honorable Ralph King Anderson, Jr. be vested with exclusive jurisdiction to hear and dispose of the case of The State of South Carolina v. Joseph Ard. Judge Anderson shall decide all matters pertaining to this case, including motions to appoint or relieve counsel, and pursuant to this assignment shall exercise all powers and duties of a presiding circuit judge of the Eleventh Judicial Circuit. Judge Anderson shall retain jurisdiction over this case regardless of where he may be assigned to hold court and may schedule such hearings as may be necessary at any time without regard to whether there is a term of court scheduled. The Order dated October 5, 2007 assigning this case to the Honorable John C. Hayes, III is hereby rescinded.

         IT IS FURTHER ORDERED that the Honorable Ralph King Anderson, Jr. be vested with exclusive jurisdiction to hear and dispose of the cases of The State of South Carolina v. Carmen Major Jenkins and The State of South Carolina v. Clarence William Jenkins. Judge Anderson shall decide all matters pertaining to these cases, including motions to appoint or relieve counsel, and pursuant to this assignment shall exercise all powers and duties of a presiding circuit judge of the Eleventh Judicial Circuit. Judge Anderson shall retain jurisdiction over these cases regardless of where he may be assigned to hold court and may schedule such hearings as may be necessary at any time without regard to whether there is a term of court scheduled. The Order dated February 9, 2010 assigning these cases to the Honorable Edward W. Miller is hereby rescinded.

         IT IS FURTHER ORDERED that the Honorable Ralph King Anderson, Jr. be vested with concurrent jurisdiction in all circuits of the state to dispose of all common pleas and general sessions matters, including trials by jury arising from the State of South Carolina v. Nicholas Freeman, Antonio Bernard Melton, James E. Murphy, II, Rodriguez Lewis, Johnell Alquinn Richardson, and Archie Lee Wilder. This case is State Grand Jury Investigation No. 191. The matter of the setting of bail and any motions to adjust the amount or conditions of bail for any defendant in this case shall be heard by the presiding judge of the state grand jury but matters relating to a violation of the terms or conditions of bail may be heard by Judge Anderson or the presiding judge of the state grand jury. However, once a defendant's trial begins, Judge Anderson shall have exclusive jurisdiction to decide all bail issues. Judge Anderson shall retain jurisdiction over this case regardless of where he may be assigned to hold court and may schedule such hearings as may be necessary at any time without regard to whether there is a term of court scheduled.

         IT IS FURTHER ORDERED that the Honorable Ralph King Anderson, Jr. be vested with exclusive jurisdiction to hear and dispose of all pretrial motions and other pretrial matters in the above hospital pricing cases and any future hospital pricing cases that may be filed in or remanded to the state court system. Judge Anderson shall have jurisdiction in all circuits in the state to dispose of all pretrial matters arising out of this litigation.

         IT IS FURTHER ORDERED that copies of all pleadings and motions in the hospital pricing litigation presently pending, or which may be filed in the future shall be mailed by the clerk of court receiving the pleading or motion to Judge Anderson within five (5) days of filing.

         IT IS FURTHER ORDERED that Judge Anderson shall have jurisdiction to sign and issue a case management order directing the consolidation, if appropriate, of certain pretrial matters within the hospital pricing litigation.

         IT IS FURTHER ORDERED that this is not a consolidation for trial purposes. At the conclusion of all pretrial matters, any party may move to have a trial ready case placed on the trial roster of the court of appropriate venue for trial. Judge Anderson shall preside over the trials of the hospital pricing cases.

         IT IS FURTHER ORDERED that Judge Anderson shall retain jurisdiction over the hospital pricing cases regardless of where he may be assigned to hold court and may schedule such hearings as may be necessary at any time without regard to whether there is a term of court scheduled

         IT IS FURTHER ORDERED that Judge Anderson remains available for additional assignments by the Chief Justice or by the chief judges for administrative purposes ...


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