December 22, 2011
December 19, 2011
Welcome to the South Carolina Bar's E-Blast!
December 22, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.
Bar offices closed
The Bar will be closed Dec. 23-26. E-Blast will not be published Tuesday, Dec. 27, but will resume its regular schedule on Thursday, Dec. 29.
Foundation releases FY 2011 Annual Report
Don't miss this year's annual report. The report features grantees and donors, and readers can take a walk down memory lane to learn more about the Foundation's role since 1971. In these economic times, the legal profession demands time, talents and resources—even more today than in the past. If you have not made a financial gift to the Foundation, or if it has been a while, please do so today. Though we celebrate the last 40 years, we also assert there is no time like the present. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.
Only one week left to renew!
ADR renewal applications were mailed Oct. 24, 2011, to all active neutrals. If you are a certified mediator or arbitrator and did not receive yours, contact Joan Brown at email@example.com or (803) 799-6653, ext. 138. All renewals must be post-marked by Dec. 31. Any applications received after Dec. 31 will incur a late fee.
Advance sheet update
December 21, 2011
The S.C. Court of Appeals affirmed the court’s conviction of Robert Troy Taylor for criminal sexual conduct with a minor in the second degree, kidnapping and his sentence of life without parole. The court, considering the record as a whole, concluded that there was nothing clearly erroneous in the trial court's finding of purposeful discrimination under Batson and therefore deferred to the trial court. The Court of Appeals further found that the court properly found the probative value of the 1999 rape substantially outweighed the danger of unfair prejudice to Taylor and that the State presented sufficient evidence to establish the 1998 rape occurred in Williamsburg County, so Taylor's motion for a directed verdict was properly denied. Taylor maintained that the 1998 rape and the 1999 rape should be considered one offense. The court concluded that the issue was not preserved for review.
State v. Taylor, No. 4920, is available online.
In this appeal of the circuit court's order affirming the decision of the Appellate Panel of the Workers' Compensation Commission (the Commission), the court vacated the single commissioner's, the Appellate Panel's and the circuit court's orders, as the Commission lacked subject matter jurisdiction to determine the respondent's right to reimbursement from the appellant and the claim should have been dismissed. Because the determination as to the jurisdiction of the Commission was dispositive of the case, the court did not address the appellant’s remaining issues.
Price v. Peachtree, No. 4923, is available online.
In this appeal of convictions of assault and battery with intent to kill and criminal domestic violence of a high and aggravated nature, the court found that the evidence of the appellant's sanity was sufficient to create an issue for the jury and that the weight to be accorded to the evidence and the conclusion to be drawn from this evidence was for the jury to decide. Therefore, the case was properly submitted to the jury. The appellant’s argument that the trial court erred in denying his request to waive his right to a jury trial was not preserved for review.
State v. Senter, No. 4924, is available online.
Fletcher M. Johnson Jr., 54, of Bluffton died Dec. 19. His obituary can be found here.
Unauthorized Practice of Law Committee Meeting, Bar Building
Lawyer Image Task Force Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
Children's Law Committee Meeting, Bar Building
Board of Governors Meeting, Columbia Metropolitan Convention Center
Family Law Section Council Meeting, Bar Building
House of Delegates Meeting, Columbia Metropolitan Convention Center
Memory Hold the Door Ceremony, Columbia Metropolitan Convention Center
Family Law Section Publications Committee Meeting, Bar Building
Bar Foundation Gala, Columbia Metropolitan Convention Center
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171.