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Welcome to the South Carolina Bar's E-Blast!
May 10, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.

S.C. Supreme Court Historical Society's 2011 Colloquium: May 19-20
Chief Justice Jean Hoefer Toal and U.S. District Court Judge Richard M. Gergel are pleased to invite Bar members to Charleston for the S.C. Supreme Court Historical Society's 2011 Colloquium May 19-20, 2011. The Colloquium, "J. Waties Waring and the Dissent that Changed America," commemorates the 60th Anniversary of the landmark school desegregation decision, Briggs v. Elliot. The program begins on Thursday evening, May 19, with a cocktail reception and dinner at Charleston Place. Renowned Harvard Law Professor Charles J. Ogletree Jr. will deliver a keynote address at the dinner. On Friday, May 20, a CLE seminar will be held at the Charleston Federal Courthouse in the same courtroom where Briggs was tried. Seminar faculty includes Professor Ogletree, Chief Justice Jean Hoefer Toal, Senior U.S. District Court Judge Matthew J. Perry and U.S. District Court Judges Richard M. Gergel and J. Michelle Childs. Click here for registration information. Members planning to attend are encouraged to secure hotel reservations as soon as possible.

Non-compliance with MCLE requirements
The Court has published a list attorneys who have been administratively suspended for failure to comply with MCLE requirements as of May 5. To view the list, click here.

Eddie Weinberg is making a difference
Ethel (Eddie) Weinberg is the latest attorney to join the Bar Foundation's planned giving efforts with a significant gift to the Foundation. If the name seems familiar, it should. Eddie is related to Rusty Weinberg, whose original estate gift to the Foundation paved the way for the creation of a strategic planned giving program. Eddie is the managing attorney of the Columbia office of S.C. Legal Services, the Foundation's largest civil legal aid provider. Read more about Eddie here. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.

PMAP -- Your guide to...
Inspiration can strike at odd times. That's why you may want AquaNotes waterproof notepad to capture the great ideas you get in the shower. AquaNotes suctions to the tile on your shower, letting you capture those ideas as they come to you, before they slip down the drain. This tip is from LifeHacker, a website devoted to the tips, tricks and downloads for getting things done. PMAP offers free advice for lawyers. Contact Courtney Kennaday at (803) 799-6653, ext. 183 or

Advance Sheet update
May 10, 2011

In this case, the S.C. Supreme Court reversed the family court's order and remanded the case for reconsideration, holding that, under the circumstances, the family court has jurisdiction to reconsider a voided agreement at least to the extent of the part declared void.
Simmons v. Simmons, No. 26970, is available online.
In this case, the Court affirmed a death penalty sentence on direct appeal, holding that the trial court did not abuse its discretion by disqualifying Appellant's originally appointed second-chair counsel.
State v. Justus, No. 26971, is available online.

The Court granted certiorari to review the decision of the Court of Appeals in Mazloom v. Mazloom to determine whether there was a breach of fiduciary duty and whether punitive damages were warranted. The Court held that the issue of breach was not preserved for review and accordingly summarily affirmed the award of punitive damages.
Mazloom v. Mazloom, No. 26972, is available online.      

In this divorce action, the Court reversed the Court of Appeals' decision, taking the opportunity "to give historical context to the appellate court standard of review of family court factual findings."
Lewis v. Lewis, No. 26973, is available online.
Chief Justice Toal and Justice Kittredge concurred in a separate opinion.
Justice Pleicones dissented in a separate opinion.

In this case, the Court affirmed the circuit court's grant of respondent's motion to dismiss, finding the circuit court properly made a pre-trial determination that respondent was entitled to immunity under the Protection of Persons and Property Act.
State v. Duncan, No. 26974, is available online.        

In this PCR case, the Court reversed the order of the PCR judge and remanded for a new trial, finding that Bailey's issue was preserved for appellate review as it was raised to and ruled upon by the PCR judge. The Court held trial counsel was deficient in failing to object to the supplemental jury instructions. The Court also found that a confluence of the lone specific allegation of physical abuse in the indictment and the jury's expressed confusion about the necessity of evidence of physical abuse by Bailey with the insufficient jury instructions created a structural due process defect that deprived Bailey of a fair trial. 
Bailey v. State, No. 26975, is available online.

By order of May 9 the Court imposed a public reprimand on Michael Hensley Wells for misconduct which included use of false and misleading statements in marketing materials and failure to comply with other requirements in the regulation of advertising by lawyers.

Reinstatement sought
Kenneth B. Massey has filed a petition for reinstatement. The Committee on Character and Fitness has scheduled a hearing for June 10 at which persons may appear in support of or opposition to the petition.

Firm announcement
Nexsen Pruet announces that Mary D. Shahid has joined the firm's Charleston office located at 205 King St., Ste. 400, 29401. (843) 577-9440.
In memoriam
James Douglas Seigler, 59, of Columbia died on May 4. His obituary can viewed at The State website.

May 12
Tax Law Section Council Meeting, Conference Call

May 13
Elder Law Committee Meeting, Bar Building

May 19
Family Law Section Council Meeting, Bar Building

May 20
Children's Law Committee Meeting, Bar Building
Probate, Estate Planning & Trust Section Council Meeting, Conference Call

To be added or deleted from the E-Blast mailing list, please contact Latoya Jackson in Membership Services at or (803) 799-6653, ext. 137.

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