News + Press

April 26, 2012

April 24, 2012

Welcome to the South Carolina Bar's E-Blast! 
April 26, 2012
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.

Get involved through Committee Sign-Up!
If you have been searching for your own unique way to contribute to the Bar, consider signing up for a Bar committee. Nearly all committees are filled by appointment of the president-elect, and terms are for one year. The 2012-13 Committee Sign-Up form is now available on the Bar website at Or, look for a form in your May issue of the South Carolina Lawyer.

Employment and Labor Law Section Council names 2012 Distinguished Lawyer
Congratulations to Herbert "Herb" W. Louthian, winner of the Employment and Labor Law Section Council's 2012 Distinguished Lawyer Award. Mr. Louthian will be honored at the Section's mid-year meeting on May 18.

Volunteer for the Special Olympics 2012 Summer Games
YLD is seeking volunteers for the Special Olympics S.C. 2012 Summer Games on Saturday, May 5, at Fort Jackson in Columbia. YLD has reserved the bowling competition at Century Lanes from 8:30 a.m. to 12:30 p.m., but volunteers are welcome to register for other events. Please list your group/organization as S.C. Bar YLD when registering and feel free to recruit family members and friends. Volunteers are invited to a happy hour following the event, details of which will be provided to registrants. To register, click 
here. For more information, contact Andy Kunz at or Will Johnson at

Results of February 2012 Bar Examination
The results of the February 2012 Bar Examination will be posted on the
Bar Admissions Page of the Judicial Department's website at 4 p.m. on Friday, April 27.

Legislative report
Don't forget to check out tomorrow's 
Weekly Legislative Report! Updates will be posted every Friday throughout the legislative session.

Advance Sheet update
April 25, 2012
Arising on appeal from a cocaine trafficking conviction, the S.C. Court of Appeals found that the N. Charleston Police Department (the Department) conducted an unlawful search by installing a tracking device on the appellant's vehicle and monitoring the vehicle's movements without obtaining a prior warrant. However, this unlawful search did not require suppression of the drugs ultimately seized by the Department because the appellant’s traffic violations were intervening criminal acts sufficient to cure the taint arising from unlawfully installing the device and monitoring the vehicle. Evidence in the record supports the trial court's finding that the traffic stop, pat-down and retrieval of drugs all complied with the appellant's Fourth Amendment rights.
State v. Adams, No. 4964, is available

In this appeal on convictions and sentences for murder and the possession of a firearm during the commission of a violent crime, the court reversed the trial court's decision to instruct the jury that it could infer malice from the use of a deadly weapon and remanded the case for a new trial. The court, using a Belcher analysis, found that the evidence the appellant acted with malice in shooting the victim was limited or nonexistent, and mitigating evidence was presented at trial.
State v. Miller, No. 4965, is available
Judge Pieper concurred, writing separately.

In this appeal of a conviction for assault and battery of a high and aggravated nature and assault with intent to commit third-degree criminal sexual conduct (CSC), the court affirmed in part and reversed in part, finding that: (1) the trial court did not abuse its discretion in admitting Employee 4's testimony under the common scheme or plan exception to admission of prior bad acts and (2) the trial court erred in denying the appellant’s motion for directed verdict with respect to the conviction for assault and battery with intent to commit third-degree CSC, as the State presented no evidence from which the jury could have reasonably and naturally inferred his intent to commit the underlying offense as specified in the statute.
State v. Atieh, No. 4966, is available

Firm announcements
Joye Law Firm announces that Jeff Gerardi has joined the Charleston office located at 5861 Rivers Ave., 29406. (843) 554-3100.

McAngus Goudelock and Courie, LLC announces the relocation of its Charleston office to 735 Johnnie Dodds Blvd., Ste. 200, 29464. (843) 576-2900.

Wall Templeton & Haldrup, PA announces that Tommy Boger has become an associate in the firm located at 145 King St., Ste. 300, Charleston 29401. (864) 329-9500.

Member discipline
By order of April 25 the Court imposed a six month suspension on Michael E. Atwater for misconduct involving a single civil matter, which extended over 10 years, in which the Court found a lack of investigation and preparation, failure to diligently prosecute the matter and conduct prejudicial to the administration of justice.

By order of April 25 the Court imposed a six month suspension (with conditions) on Kenneth Gary Cooper for misconduct which included failing to withdraw an appeal after a client stopped communicating with him; guilty pleas involving possession of unlawful prescription drugs, trespassing and disorderly conduct; and forwarding discovery materials in a criminal matter without authorization by his client.

Reinstatement sought
The Committee on Character and Fitness invites comments on the petition of W. Benjamin McClain seeking reinstatement to the practice of law.

Trustee appointed
By order of April 18 the Court appointed Jack D. Cordray as trustee for the practice of P. Michael DuPree.

April 27
Law Related Education Committee Meeting, Bar Building
Professional Responsibility Committee Meeting, Conference Center
South Carolina Lawyer Editorial Board Meeting, Bar Building

May 3
Board of Governors Meeting, Bar Building
House of Delegates Meeting, Assembly and Swearing-In of New Officers, Conference Center

May 7
Administrative and Regulatory Law Committee Meeting, Bar Building

May 8
Health Care Law Section Council Meeting, Conference Call

May 10
Military and Veterans’ Law Section Council Meeting, Conference Call 

May 16
Community Works Training, Bar Building

May 17
Family Law Section Council Meeting, Bar Building

May 18
Bar Foundation Board Meeting, Conference Center
Probate, Estate Planning and Trust Section Council Meeting, Bar Building

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