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E-Blast Archive Issue

Welcome to the South Carolina Bar's E-Blast!

January 25, 2011
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. 

Message from Bar President Carl Solomon
Please click here to read an urgent message from President Solomon regarding the funding situation facing South Carolina's courts. Members are asked to remain engaged this legislative session by reaching out to their legislators and community leaders about this important issue.

PMAP -- Your guide to...
Last week's Law Office Technology seminar at the Bar Convention featured popular tech guru, Ross Kodner. Mr. Kodner spoke on the impact of Twitter, Facebook and other products on law practice; mobile computing products and advice; and 50 great success tips. For a few of these tips, visit SCBar­_PMAP on Twitter and review tweets from last week's presentation. To sign up for Twitter, go to http://twitter.com/. Then search for Twitter names: SCBar_PMAP, SCBAR and SCATJ. For your law office questions, contact Courtney Kennaday at pmap@scbar.org or (803) 799-6653, ext. 183.

New forms added
The S.C. Judicial Department has added new court forms to its website. Order for Conditional Discharge
(SCCA629A) and Notification of Successful Completion of Conditional Discharge (SCCA629B) can be found at www.sccourts.org/forms.

Seminar location changes

The Myrtle Beach site for In the Best Interest of the Child: The 2011 S.C. Guardian ad Litem Training and Update on Friday, January 28, has been moved to Horry-Georgetown Technical College, Conway Campus, Bldg. 100, Rm. 107, Hwy. 501 East, Conway. The Aiken site for this program will be at the Law Office of Johnson, Johnson & Whittle.


The Pendleton site for ABOTA: Masters-In-Trial: Winning Your Trial Through Trial Witnesses on Friday, February 4, has been canceled. To view the other available sites, please click here.

Advance Sheet update
January 25, 2010
We regret the error made in the following case summary, which was published in Friday's edition of E-Blast. Corrected text in bold.
Appellant Matute claimed that the Workers' Compensation Commission's appellate panel erred in reinstating Palmetto Health Baptist's appeal because it was not timely presented. The court held that the Commission had the discretion to reinstate the appeal pursuant to Regulation 67-705. The court opined that Matute's injury was not a compensable work-related injury because an employee coming or going from the work place is not engaged in any service of the employment and none of the exceptions to this rule were met.
Matute v. Palmetto Health Baptist, No. 4777, is available online.

The S.C. Supreme Court reversed the holding of the Court of Appeals and reinstated the circuit court's order granting summary judgment for the Petitioners because the Respondents' action to quiet title was barred by the doctrine of laches.
Robinson v. Estate of Harris, No. 26914, is available online.

The Respondent was convicted in magistrate's court of preparing a baited dove field in violation of S.C. Code Ann Section 50-1-20. In an appeal to the circuit court, the conviction was reversed and dismissed because the magistrate lacked subject matter jurisdiction. The Court affirmed the circuit court's holding because the Appellant did not challenge the order in the circuit court and therefore did not perfect the appeal.
State v. Oxner, No. 29615, is available online.
Chief Justice Toal and Justice Beatty dissented in a separate opinion.

In this appeal from a driver's license suspension, the Court found the Administrative Law Court erred in reversing the order from the Division of Motor Vehicles that reinstated the Appellant's driver's license privileges because there was no admissible evidence establishing probable cause for the driving under the influence arrest. South Carolina common law, which permits hearsay evidence to establish probable cause in preliminary hearings for criminal cases, does not apply to administrative, license-suspension hearings.
SCDMV v. McCarson, No. 29216, is available online.

The Appellant appealed his conviction for possession of alcohol, pursuant to S.C. Code Ann. Section 63-10-2440, arguing that the statute is unconstitutional because it conflicts with Article XVII, Section 14 of the S.C. Constitution. The Court construed the term "sale" broadly and opined that Article XVII, Section 14 gave the General Assembly the power to restrict the sale of alcohol to persons under the age of 21. The "sale" of alcohol also included the power to restrict the purchase and possession of alcohol.
City of Rock Hill v. Harris, No. 29617, is available online.
Justice Pleicones dissented in a separate opinion.

The Petitioner brought this action seeking a declaratory judgment in the Court's original jurisdiction that the Governor's veto of certain appropriations to the State Budget and Control Board was unconstitutional. The Court held that the veto of the General Fund portion to the Budget and Control Board was unconstitutional because it exceeded the authority granted to the Governor by Article IV, Section 21 of the S.C. Constitution, which empowered the Governor to veto "items." By vetoing only one of several sources of funds, the Governor vetoed only part of an item, rendering the veto unconstitutional.
Jackson v. Governor Mark Sanford, No. 29218, is available online.

Resignations
By orders of January 20 the Court has accepted the resignations from the Bar of Henry H. Arnold III of Augusta, GA, Etta Stearns Royer of Enon, OH, and Janine Mary Zanin of Efland, NC.

Firm announcements
John I. Mauldin

, 13th Circuit Public Defender, announces the appointment of

Teal A. Johnson

as Assistant Public Defender with an office located at the Pickens County Courthouse located at 214 E. Main St., Pickens 29671. (864) 898-5577.



McAngus Goudelock & Courie

announces that

Benjamin T. Cruse

has joined the firm's Charleston office located at 78 Wentworth St., Ste. 200, 29401. (843) 576-2900.


 


Calendar
January 28
Judicial Qualifications Committee Meeting, Bar Building


February 11

Elder Law Committee Meeting, Conference Call


Family Law Section Council Meeting, Conference Call


Practice and Procedure Committee Meeting, Bar Building



February 15

YLD Executive Council Meeting, Conference Call



February 17

YLD Long Range Planning Committee Meeting, Bar Building



February 18

ADR Commission Meeting, Mike Kelly Law Group, Columbia


Ethics Advisory Committee Meeting, Bar Building


Probate, Estate Planning and Trust Section Council Meeting, Conference Call