March 29, 2012
March 28, 2012
Welcome to the South Carolina Bar's E-Blast!
March 29, 2012
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.
YLD celebrates Law Week 2012
Each year the Young Lawyers Division holds a number of public service projects throughout the state during the first week in May in observance of Community Law Week. YLD is gearing up for this year’s event, which will include the Cocky’s Reading Express program, Ask-A-Lawyer phone banks, Speakers in Schools events and canned food drives. Click here to learn about events planned in your area. This list will be updated at www.scbar.org/yld as additional events are added.
Twelfth Judicial Circuit Adult Drug Court Program
Chief Justice Toal has appointed the Hon. Frank White to preside over the 12th Judicial Circuit Adult Drug Court Program. Judge White may preside over guilty pleas, bond hearings, probation revocations, motions and other proceedings related to the defendants participating in the program. To view the complete order, click here.
Don't forget to check out tomorrow's Weekly Legislative Report! Updates will be posted every Friday throughout the legislative session.
Advance Sheet update
March 28, 2012
Based upon State v. Jennings, the S.C. Court of Appeals reversed and remanded the defendant’s conviction for criminal sexual conduct with a minor in the first degree and lewd act upon a child under 16. The court held that the testimony of the plaintiff’s expert in forensic interviewing was admitted by the court in error because it bolstered the credibility of the victim. When considered with the other evidence, the court decided this error was not harmless.
State v. McKerley, No. 4957, is available online.
The defendant appealed his conviction for criminal sexual assault in the first degree, which was based upon DNA evidence. The court found that the detective’s affidavit, used to obtain the search warrant, neither provided the magistrate judge with a substantial basis for concluding that there was probable cause that the defendant committed the crime nor gave any indication that the defendant’s DNA sample was relevant. Therefore, the warrant was issued in error. The court remanded the case to the trial court to determine if the inevitable discovery doctrine applied to the evidence.
State v. Jenkins, No. 4958, is available online.
In this appeal arising from a dispute over who was the beneficiary of a Deferred Compensation Program account, the court held that the non-settling defendant was entitled to a setoff for the amount paid by a settling defendant. The court reasoned that the plaintiff’s claim for both actual and punitive damages arose from the same injury and were thus the same claim.
Smith v. Widener, No. 4959, is available online.
Judge Lockemy dissented in a separate opinion.
In this appeal arising from a dispute over an employment contract with a mandatory arbitration clause, the court reversed the trial court’s denial of the appellant’s motion to compel arbitration. It held that the employment contract involved interstate commerce for the purposes of the Federal Arbitration Act because it referenced specific cases requiring out-of-court work and the Act should therefore be applied. The court further held that the arbitration clause should be enforced as it was not unconscionable, there was no absence of meaningful choice and the terms were not oppressive.
Lucey v. Meyer, No. 4960, is available online.
By order of March 27 the Court placed Joseph R. Neal Jr. on interim suspension. Angela Christy Tyner is the trustee for South Carolina clients’ interests.
Clawson & Staubes, LLC announces the opening of its Greenville office located at 223 W. Stone Ave., Ste. 100, 29609. (864) 331-8940.
J. Brooks Davis announces the opening of J. Brooks Davis, Attorney at Law located at 792 Folly Rd., Charleston 29412. (843) 225-2255.
Huong T. Lam announces the opening of Lam Law Firm, LLC located at 1335 44th Ave. N., Ste. 100, Myrtle Beach 29577. (843) 839-9995.
The Law Office of Craig R. Stanley announces its relocation to 1824 Bull St., Columbia 29201. (803) 761-7083.
Health Care Law Section Council Meeting, Conference Call
Community Association Law Committee Meeting, Bar Building
Member Involvement Task Force Meeting, Conference Call
LRE Awards Subcommittee Meeting, Bar Building
Tax Law Section Council Meeting, Conference Call
Board of Governors Meeting, Bar Building
Corporate, Banking and Securities Law Section Council Meeting, Conference Call
Mock Trial Evaluation Meeting, Bar Building
Practice and Procedure Committee Meeting, Conference Center
Employment and Labor Law Section Selection Committee Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Bar Building
Family Law Section Council Meeting, Bar Building
Elder Law Committee Meeting, Bar Building
LRE Mock Trial Subcommittee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Bar Building
Law Related Education Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at email@example.com or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.