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E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!
September 30, 2010
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.

The So
uth Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.

JQC report released
The South Carolina Bar’s Judicial Qualifications Committee has issued a report based on the collective opinion of Bar members regarding candidates for judicial vacancies. To view the report, click here.

Bar Convention speaker to address health care reform legislation
Mark your calendars and reserve your hotel room today for the 2011 Bar Convention, scheduled for January 20-23 at the Hilton Head Island Marriott Resort and Spa. Don't miss this opportunity to hear from Vicki Gottlich of the Center for Medicare Advocacy in Washington D.C., a nationally prominent speaker on health care reform. Attendees will learn about the impact the new legislation may have on their practices and clients, including present and prospective Medicare beneficiaries, nursing homes, health care providers and small businesses. Visit www.scbar.org/convention for all Convention details, including a complete schedule at-a-glance, seminar agendas, general information, hotel reservations, sponsors and exhibitors. A brochure containing limited information as well as a registration form will be mailed in November.

October is Domestic Violence Awareness Month!
YLD's Voices Against Violence Committee is hosting a necessities and paper products drive October 4-25 and November 1-15. Volunteers will collect and distribute personal care items, toiletries and other items to domestic violence shelters in Columbia, Aiken, Greenville, N. Charleston, Anderson, Spartanburg and Orangeburg. Click here for a list of items needed. Monetary donations can be made payable directly to the shelters or mailed to the S.C. Bar YLD Foundation, P.O. Box 608, Columbia, SC 29202. YLD still needs volunteer collection sites in Beaufort, Greenwood and Camden. Contact Melissa Maddox-Barnes at mb@chacity.org or (843) 805-3294 for more information or to volunteer.

Advance Sheet update
September 22, 2010

The Court of Appeals affirmed Wills' conviction. The court held that although the proffer agreement between Wills and the State constituted a plea negotiation and triggered the exclusionary provisions of Rule 410, SCRE, the agreement unambiguously provides Wills' statement can be used against him by the State for any legal purpose if the State determines Wills was deceitful. The proffer agreement waived the protections of Rule 410 SCRE. The court also held the agreement was knowingly and voluntarily entered into because Wills entered into the agreement with advice of counsel and the record lacked support of a finding to the contrary.
State v. Wills, No. 4742, is available online.

September 29, 2010
The court held the circuit court erred in its capacity as an appellate court by reversing the Workers' Compensation Commission's finding that Respondent Crisp did not sustain a physical brain injury. The record gave substantial evidence to support the Commission's finding.
Crisp v. SouthCo. Inc., No. 4746, is available online.

The court held the trial court did not abuse its discretion by denying Appellant Gibson's motion for a directed verdict because, at a minimum, the evidence created the inference that Appellant and his brother may have acted in concert in the assault that subsequently led to the murder of Dennis Irby. The trial court properly denied instructing the jury on involuntary manslaughter because Appellant's brother admitted voluntarily and intentionally firing his weapon.
State v. Gibson, No. 4747, is available online.

The trial court granted summary judgment for Respondent, finding the policy excluded underinsured motorist coverage for resident relatives not operating covered vehicles. The court reversed and held the policy provision conflicts with Section 38-77-160 because it does not allow a Class I insured to stack underinsured motorist coverage up to the limits of the vehicle in the accident in certain situations. Accordingly, that provision of the policy is void.
Nakatsu v. Encompass Indemnity, No. 4748, is available online.

The court affirmed the administrative law judge's ruling that although Respondents violated the Consumer Credit Counseling Act by engaging in a credit counseling service without first having obtained a license to do so, the Administrative Law Court does not have the power to require Respondent Foreclosure Specialists, Inc. to refund all monies collected under contracts entered into with South Carolina consumers after December 1, 2005.
S.C. Dep't of Consumer Affairs v. Foreclosure Specialists, Inc., No. 4749, is available online.

Firm announcements
William E. Davis Jr. announces the opening of the Bill Davis Law Firm, LLC located at 1225 Pickens St., Columbia 29201. (803) 726-0556.

The corporate offices of Howden North America Inc. and its General Counsel, Frances S. Griggs, have moved to 7909 Parklane Rd., Ste. 300, Columbia 29223. (803) 741-2806. 

Nexsen Pruet announce that Andrew Mathias has joined the firm as an associate in the Greenville office located at 55 E. Camperdown Way, Ste. 400, 29601. (864) 370-2211.

In memoriam
Thomas Kemmerlin Jr., 79, of Beaufort died on September 29. His obituary can be viewed at The Island Packet website.

Calendar

October 1
Workers' Compensation Section Council meeting, Conference Call

October 7
Insurance Programs Committee meeting, Collins & Lacy, Columbia

October 8

Elder Law Committee meeting, Conference Call
Practice and Procedure Committee meeting, Richardson Plowden and Robinson, Columbia
Real Estate Practices Section Council meeting, Conference Call

October 13
Criminal Law Section Council meeting, S.C. Commission on Indigent Defense, Columbia

October 14
Board of Governors meeting, Conference Call

October 15
Children's Law Committee meeting, Dept. of Juvenile Justice, Columbia
Ethics Advisory Committee meeting, Nelson Mullins, Columbia
Probate, Estate Planning and Trust Section Council meeting, Conference Call

October 21
Family Law Section Council meeting, Conference Call

October 24
Administrative & Regulatory Law Committe meeting, Labor, Licensing and Regulation Commission, Columbia

October 29
Professional Responsibility Committee meeting, Nelson Mullins
South Carolina Lawyer Editorial Board meeting, Nelson Mullins