December 29, 2011
December 28, 2011
Welcome to the South Carolina Bar's E-Blast!
December 29, 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.
Only one week left to register for the 2012 Convention!
The 2012 Convention will feature 21 CLE seminars, including the popular Law Office Technology Seminar, Criminal and Civil Law Updates and Breakfast Ethics. This year’s line-up of special events includes annual favorites such as the president’s welcome reception, plenary luncheon and wine tasting in addition to a legislative reception, historical tour of Columbia and glass blowing class. Register today!
It's not too late to make sure you get that 2011 deduction!
Many Bar members enjoy the benefits of making charitable gifts to the S.C. Bar Foundation before the end of the calendar year. To get credit for 2011, please make sure your gift is postmarked by Dec. 31, 2011. You may make your gift online, over the phone by calling (803) 765-0517 or via regular mail. A downloadable form is available here. Your gift may be made in tribute of a colleague, allocated to one of our designated funds or considered a planned gift. Your Bar Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.
S.C. Commission on Indigent Defense reappointments
The S.C. Commission on Indigent Defense has reappointed the following Circuit Public Defenders to second four-year terms beginning Jan. 2: Jack D. Howle Jr., Third Judicial Circuit; Douglas S. Strickler, Fifth Judicial Circuit; D. Ashley Pennington, Ninth Judicial Circuit; and Harry A. Dest, 16th Judicial Circuit.
Volunteers needed for National Moot Court Competition
The Charleston School of Law's Moot Court Board is seeking volunteers to serve as judges for the 2012 Charleston School of Law National Moot Court Competition Feb. 3-4. Coffee and refreshments will be available throughout the day in the judges’ room, where volunteers will have the opportunity to visit with fellow judges and Charleston School of Law faculty. To sign up for one or more time slots, click here and enter the password "mootcourt." For more information, click here.
Advance Sheet update
December 29, 2011
In this capital case, the S.C. Supreme Court held that the appellant entered a valid guilty plea as the entry of the plea was not conditioned on the preservation or outcome of the jury sentencing issue. Moreover, even if the appellant properly preserved this issue, he abandoned it on appeal and he knowingly and voluntarily entered his plea. As to the propriety of the sentencing proceedings, the Court concluded that the trial judge did not abuse his discretion in denying the appellant's requests to recuse the Solicitor's office as advocates and to question members of the office. Although the Court found the solicitor committed witness intimidation in his treatment of Dr. Loring, the Court concluded that the appellant was not sufficiently prejudiced to warrant the grant of a mistrial.
State v. Inman, No. 27081, is available online.
Justice Pleicones concurred in a separate opinion.
Chief Justice Toal and Justice Hearn concurred in both opinions.
The Court affirmed the circuit court’s order relieving the respondent from the sex offender registration requirements. The respondent was pardoned by the S.C. Department of Probation, Parole and Pardon Services, and the pardon relieved the respondent from all direct and collateral consequences of his pardoned crime, which would necessarily include placement on the sex offender registry. The Court found the argument that the General Assembly's amendments to Section 23-3-430 of the S.C. Code clarified already existing law on pardoned sex offenders rather than changing that law was without merit. Furthermore, the amendments were not remedial and did not provide a procedure for a court to follow nor did it prescribe a method for enforcing rights, and as such, the amendments are not procedural and cannot be applied retroactively to the respondent's case.
In the Matter of the Care and Treatment of Jeremy Lane Edwards, No. 27082, is available online.
South Carolina adopted a broad definition of mental retardation in Section 44-20-30, using language that parallels the Supplemental Security Income’s definition, and in Regulation 88-210, the S.C. Department of Disabilities and Special Needs (DDSN) interpreted that definition in a manner consistent with the Social Security Administration. DDSN's interpretation of Section 44-20-30 in its policy guidelines directly conflicts with Regulation 88-210 and should be disregarded. Thus, the Court found the hearing officer and Administrative Law Court erred in applying an age-18-onset requirement for mental retardation. Thus, the Court reversed and remanded for consideration of whether, applying the proper legal standard for mental retardation (onset prior to age 22), Doe would be eligible to continue to receive waiver services.
Doe v. S.C. Dept. of Health & Human Servs., No. 27083, is available online.
Justice Hearn concurred in part and dissented in part in a separate opinion in which Justice Pleicones concurred.
The Court held the circumstantial evidence presented by the State did not reasonably tend to prove the petitioner's guilt and failed the Court's well-settled directive that circumstantial evidence that is not substantial is insufficient to go to a jury. Thus, the Court reversed the Court of Appeals' decision upholding the circuit court's refusal to direct a verdict on the four charges and affirming the petitioner's 2005 convictions.
State v. Odems, No. 27084, is available online.
Justice Pleicones concurred in the result only.
J.D. Todd, 99, of Greenville died on Dec. 29. Mr. Todd was president of the Bar in 1978-79. His obituary will be linked in Tuesday's E-Blast.
Howser, Newman & Besley, LLC announces that Vincent C. Northcutt has joined the firm located at 215 E. Bay St., Ste. 303, Charleston 29401. (843) 216-6940.
Keaveny Law Firm, LLC announces the relocation of its office to 1634 Ashley River Rd., Charleston 29407. (843) 225-2820.
John I. Mauldin announces that Jake Erwin, Sarah Henry and Evelyn Mitchell have become assistant public defenders at the Greenville County Courthouse located at 305 E. North St., Greenville 29601. (864) 467-8522.
Nelson Mullins Riley & Scarborough, LLP announces that Matthew Brown and Eli Poliakoff have been named partners in the Charleston office located at 151 Meeting St., Ste. 600, 29401, (843) 853-5200; Matt Bogan, Julie Flaming, Chris Genovese and Jeremy Hodges have been named partners in the Columbia office located at 1320 Main St., 17th Floor, 29201, (803) 799-2000; and Reid Sherard and Ashley Summer have been named partners in the Greenville office located at 104 S. Main St., Ste. 900, 29601, (864) 250-2300.
Rogers Townsend & Thomas, PC announces the opening of its Greenville office located at 401 N. Main St., Greenville 29601.
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
Elder Law Committee Meeting, Bar Building
Law Related Education Committee Meeting, Bar Building
Professional Responsibility Committee Meeting, Bar Building
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.