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E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!
November 9, 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.

 




Foundation newsletter now available
The Bar Foundation's fall newsletter is now available online.

Featured topics include the Young Lawyers Division's fundraising campaign -- Each One Reach One, the Public Interest Fellows Program and a reminder about the call for nominations for the Ellen Hines Smith Legal Services Award. The edition also features the listing of tribute gifts made from August through October 15.

Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.




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PMAP -- Your guide to...
Internet security. Online privacy suffered another blow recently with the release of "Firesheep," a free extension added to Firefox that enables someone to hack into another person's online account. Facebook, Amazon, Google, The New York Times, Twitter, Windows Live, Wordpress and Yahoo are some of the 26 sites that Firesheep can target. The victim and the hacker must be sharing the same open Wi-Fi network, such as a public coffee shop Wi-Fi. Using Firesheep, the hacker can easily gain access to the victim's account, including the ability to post a message or send an e-mail from that account. Although this type of Wi-Fi hijacking is not new, Firesheep has made it very simple for anyone to be a hacker. For a better understanding of how Firesheep works, see TechCrunch.com, PC World and also How To Protect Your Login Information From Firesheep. For questions or comments, contact Courtney Kennaday at pmap@scbar.org.

USC Fall symposium explores climate policy
USC School of Law invites you to its conference, Three Degrees of Separation: Exploring Linkages between International, National and Regional Climate Policy, on November 12. The conference brings together leading thinkers in the field of climate change law and policy to explore the legal and practical implications of ongoing international, federal and regional efforts to address climate change. For complete details including speaker biographies, a schedule of events and registration information, please visit the symposium website.

Advance Sheet update
November 5, 2010
Appellant appealed his conviction for assault and battery of a high and aggravated nature. The Court of Appeals affirmed. The issue of whether Appellant's statement was voluntarily made was not preserved for review, and the evidence supported a conclusion that Appellant's statement was freely, knowingly and voluntarily made. Appellant failed to establish a due process violation resulting from the intentional destruction of or failure to preserve relevant evidence. The State did not destroy any evidence in bad faith, and Appellant's assertion that the tape would most likely have allowed him to identify witnesses who may have presented favorable evidence was insufficient to establish the exculpatory value of the evidence. Appellant also failed to show that he could not obtain evidence of comparable value by other means. Appellant's suggestion that the high number of indictments returned that day meant the processing time was inadequate to accurately consider the case was not clear evidence of any actual abuse justifying the quashing of indictments but was mere speculation regarding potential abuse. The admission of Appellant's teacher's inconsistent statement was not error because the proper foundation was laid.


State v. Moses,
No. 4758, is available online.

November 8, 2010

The Supreme Court reversed Appellant's conviction under a City of Greenville ordinance. The Court held there was no evidence Appellant violated subsections (1), (2), (4) and (5) of the ordinance. However, the Court found that subsection (3) was unconstitutional on its face due to vagueness. The words "humiliate," "insult" and "scare" in subsection (3) are not sufficiently definite to give reasonable notice of the prohibited conduct.
City of Greenville v. Bane
, No. 26888, is available online.
   
Reinstatement sought
Joseph W. Ginn III has filed a petition for reinstatement. The Committee on Character and Fitness invites persons in support of or in opposition to the petition to appear at a hearing on December 3.

Member disbarred
By order of November 8 the Court disbarred Sean J. Prendergast for misconduct which included a conflict of interest involving a business transaction with a client and numerous failures to cooperate with the discipline investigation.

Magistrate reprimanded
By order of November 8 the Court publicly reprimanded former Allendale County Magistrate Carl M. Love (not a Bar member) following his guilty plea for misconduct in office.
 
Municipal court judge removed from office
By order of November 8 the Court removed Municipal Court Judge Michael Evans (not a Bar member) for misconduct which involved creation of the appearance of impropriety and offering an alternative sentencing program without solicitor approval.

Firm announcements
Randall "Webb" Charpia
announces the opening of the Charpia Law Firm, LLC located at 300 N. Cedar St., Ste. A, Summerville 29483. (843) 261-7026.

Jason T. Green, LLC Attorney At Law
announces that it has relocated its office to 300 N. Cedar St., Ste. A, Summerville 29483. (843) 285-7330.

Jackson Lewis LLP
announces that T. Chase Samples has joined the firm as an associate in the Greenville office located at 55 Beattie Place, One Liberty Square, Ste. 800 Greenville 29601. (864) 232-7000.|

Provence Messervy LLC
announces the relocation of the firm to 300 N.  Cedar Street, Ste. A, Summerville 29483. (843) 871-9500.

In memoriam
Robert Edward Browne III, 89, of Spartanburg died on November 8, 2010. His obituary can be viewed at The Spartanburg Herald-Journal website.