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E-Blast Archive Issue

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

February 1, 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. 

Recertification for mediators and arbitrators past due
ADR recertification applications were mailed in December, and follow-up letters were mailed in January. The deadline for recertification applications was December 31. Those who have not submitted applications and any appropriate penalty fees will lose their certification status beginning Friday, February 4.  If you have not renewed your certification, contact Joan Brown (803) 576-3794 or at jbrown@scbar.org.


ELL Section requests nominations for distinguished service award
The Employment & Labor Law Section will honor an individual for meritorious service to employment and labor law practice in South Carolina. The 2011 recipient will be recognized at the section mid-year seminar, scheduled for May 13 in Columbia. Please click here to review eligibility criteria and nomination materials. The deadline to submit a nomination is March 7.

Rule changes submitted to the General Assembly
The following rule changes were submitted to the S.C. General Assembly on January 27:
(1) An order amending Rule 219 of the S.C. Appellate Court Rules.
(2) An order amending Rules 6, 7, 56 and 59 of the S.C. Rules of Civil Procedure and Rules 2 and 21 of the S.C. Rules of Family Court.
(3) An order amending Rules 16, 26, 28, 33, 34, 37 and 45 of the S.C. Rules of Civil Procedure.
(4) An order amending Rule 3 of the S.C. Rules of Civil Procedure.
(5) An order amending Rule 29 of the S.C. Rules of Criminal Procedure.
The rule changes are not yet in effect. To access the orders, visit the Court's website.


Court form changes posted

Form changes have been posted to SCCA 458A, SCCA 458B and SCCA 458C. To view the changes, enter the form number on the Court's website.

PMAP -- Your guide to...

Sending text messages via e-mail for free. Did you know you can send text messages via e-mail to most major cellular providers? Sending a text message to someone's phone by e-mail can save you money if your provider charges you for text messages. Also, it's easier for most people to type on the computer than on a little phone. Here's how to do it: open a new e-mail message on your PC, and instead of typing an e-mail address, substitute the recipient's 10-digit cell number, then "@" and the carrier's information. For example: 8035555566@vtext.com will send a text to a Verizon phone. The trick is knowing which cell phone provider the recipient uses (you have to ask them). You can also do the reverse: send an e-mail from a text message. Instead of a phone number, send your text to an e-mail address. Your carrier will convert it to an e-mail. For more tips and lists of carrier e-mail addresses, see these articles on Lifehacker, Wikipedia and NotePage. PMAP help hotline: (803) 799-6653, ext. 183 or pmap@scbar.org.

Advance Sheet update
February 1, 2011

The Court reversed the circuit court's grant of summary judgment for the Respondent, finding that USAA met the requirements under Section 28-77-350(A) and made a meaningful offer for underinsured motorist insurance because USAA's form was approved by the appropriate entity, it contained the appropriate language and was signed by the insured.


Wiegand v. USAA

, No. 26919, is available

online

.



The Court affirmed the ruling of the Court of Appeals finding that the seized property was in close proximity to the contraband by evaluating the evidence on a case-by-case basis. The Court held that in evaluating traceability a court may use the "totality of the circumstance" approach, but the court may not draw inferences based on evidence that is unrelated to what is being seized. The circuit court did not err in concluding that the money was not innocently owned by Ms. Gibson because based on the evidence presented, Ms. Gibson's testimony was discredited.


Gowdy v. Gibson,

No. 26920, is available

online

.



The Court of Appeals affirmed the trial court's denial of the motion to suppress the evidence obtained from a traffic stop. There was no unlawful detention because the police officer had probable cause to pull over the Appellant and then asked questions that were tangentially related to the traffic stop. Based on the totality of the circumstances, the court found that there was evidence to support the trial court's ruling that reasonable suspicion existed and that the Appellant's consent was voluntary.


State v. Provet

, No. 4787, is available

online

.



Reinstatement sought

William Jefferson McMillian III has petitioned to be readmitted to the Bar. The Committee on Character and Fitness invites persons to appear in support of or in opposition to the petition at a hearing on March 17.



Member reinstated

By order of January 31 the Court reinstated E. Logan Sossman as an Inactive Member of the Bar.



Firm announcements
Casie N. Suddeth

announces the opening of

Suddeth Law Firm, LLC

located at 154 King St., 3rd floor, Charleston 29402. (843) 853-5203.



Casie N. Suddeth

and

Paul E. Tinkler

announce the opening of QDRO Professionals, LLC located at 154 King St., 3rd floor, Charleston 29402. (843) 722-1153.



John David Whisenhunt Jr.

announces that

The Law Firm of Whisenhunt and McKissick PC

was dissolved, and he will continue to practice as

John David Whisenhunt, Jr., PA d/b/a/ The Whisenhunt Law Firm

with offices located at 654 S. Coit St., Florence 29501. (843) 662-2616.



In memoriam

William W. Hodges, 70, of Columbia died on December 10. His obituary can be found at

The State website

.



Bruce A. Flora, 51, of Boones Mill, VA, died on December 8. His obituary can be found at

The Roanoke Times website

.



Calendar
February 10

Consumer Law Section Council Meeting, Conference Call



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