Welcome to the South Carolina Bar's E-Blast!
October 23, 2014
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org. Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.
Access to Justice Commission
The S.C. Supreme Court has posted an administrative order regarding the Access to Justice Commission. Read the order online.
Online Member Directory
Looking for online and mobile access to the directory of Bar members from the Lawyers Desk Book? We do that! A complete, searchable member directory can be accessed from the "Member Search" link on the Bar's home page at www.scbar.org. For free, convenient access to a web app on your mobile device, go to www.scbar.org/mobile and enter your Bar username and password.
Upcoming seminar: "Winning at Trial"
Best-selling and award-winning author Shane Read is coming to SC for a one-day seminar on Nov. 14. His program will provide innovative trial strategies that can immediately improve your practice and litigation techniques that work every time. Read more and register online.
Apply to Become a SCBF Ambassador!
The deadline for applying to become a SC Bar Foundation Ambassador is just around the corner! The Foundation will launch the SCBF Ambassador program in January 2015. The opportunity will allow young lawyers to further the goal of access to justice by working with the Bar Foundation and its grantees. Click here for more information about the program. Applications are due by 5 p.m. on Monday, Oct. 27.
Advance Sheet update
October 22, 2014
After granting the State’s petition for a writ of certiorari, the S.C. Supreme Court held that, when a PCR applicant seeks relief on the basis of newly discovered evidence following a guilty plea, relief is appropriate only where the applicant presents evidence showing that: (1) the newly discovered evidence was discovered after the entry of the plea and, in the exercise of reasonable diligence, could not have been discovered prior to the entry of the plea; and (2) the newly discovered evidence is of such weight and quality that, under the facts and circumstances of that particular case, the “interest of justice” requires the applicant’s guilty plea to be vacated. In this case, the Court determined that there was evidence in the record to support the PCR judge’s finding that Jamison could not have discovered the testimony prior to pleading guilty. The Court, however, found the interests of justice do not require that the guilty plea and sentence be vacated. Accordingly, the Court reversed the Court of Appeals and reinstated Jamison’s conviction and sentence pursuant to his guilty plea.
Jamison v. State, Op. No. 27454 (S.C. Sup. Ct. filed October 22, 2014) (Shearouse Adv. Sh. No. 42 at 12), is available online.
Justice Pleicones dissented in a separate opinion in which Justice Beatty concurred.
In this case concerning a developer’s right to amend and enforce certain covenants, the Court granted a writ of certiorari and affirmed the decision of the Court of Appeals.
AJG Holdings v. Dunn, Op. No. 27455 (S.C. Sup. Ct. filed October 22, 2014) (Shearouse Adv. Sh. No. 42 at 29), is available online.
Appellants appealed the orders of the Public Service Commission (Commission) approving SCE&G’s application for updated capital cost and construction schedules pursuant to the Base Load Review Act (BLRA). The Court affirmed, finding: (1) the Commission did not err in applying S.C. Code Section 58-33-270 to SCE&G’s application; (2) the BLRA did not require the Commission to reassess the prudency of the entire construction project at the base load order review stage; and (3) SCE&G did not fail to meet its burden in establishing that the costs were prudent.
SC Energy Users Committee v. SCE&G, Op. No. 27456 (S.C. Sup. Ct. filed October 22, 2014) (Shearouse Adv. Sh. No. 42 at 32), is available online.
Lovic A. Brooks III announces the closing of The Brooks Law Firm, LLC.
Janik, LLP announces that Lovic A. Brooks III has joined the firm as a partner and Brian C. Gambrell has joined the firm as of counsel located at 1122 Lady St., Ste. 1025, Columbia 29201. (803) 254-5300.
Riley Pope & Laney, LLC announces that Pete Balthazor has joined the firm located at 2838 Devine St., Columbia 29205. (803) 799-9993.
Womble Carlyle announces that Beth Smith and Morgan Curry have joined the firm’s Greenville office located at 550 S. Main St., Ste. 400, 29601. (864) 255-5400.
Education Law Committee Meeting, Bar Building
SC Lawyer Editorial Board Meeting, Conference Center
Free legal clinic: Torts Law Issues (Spartanburg)
Senior Lawyers Division Nominating Committee Meeting, Conference Call
Administrative and Regulatory Law Committee Meeting, Conference Center
Free legal clinic: Landlord/Tenant Law Issues (Lexington)
Free legal clinic: Wills, Estate and Probate (Chesnee)
Free legal clinic: Landlord/Tenant Law Issues (Spartanburg)
Environment & Natural Resources Section Council Meeting, Conference Call
Construction Law Section Council Meeting, Conference Call
Consumer Law Section Council Meeting, Bar Building
Military & Veterans’ Law Section Council Meeting, Bar Building
Free legal clinic: Family Law Issues (W. Columbia)
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at email@example.com or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.