News + Press

May 17, 2012

May 07, 2012

Welcome to the South Carolina Bar's E-Blast! 
May 17, 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.

YLD hosts discussion on health care reform
The S.C. Bar YLD is hosting a discussion on the recent health care reform, featuring Lucy Grey McIver, Assistant General Counsel of BlueCross BlueShield of South Carolina, who will provide an update on health care reform and the status of implementation in light of the pending U.S. Supreme Court decision. The event will take place on June 6 at 5:30 p.m. at the S.C. Bar Conference Center located at 1501 Park St. in Columbia. The presentation will be followed by a cocktail reception. Space may be limited, so RSVP to Morgan Crouch at by May 30 if you would like to attend.

S.C. Commission on Indigent Defense seeks circuit public defender candidates
Candidates seeking to apply for a four-year term as the Circuit Public Defender of the Eighth or Eleventh Judicial Circuit should go to to complete an online application and receive further details. Contact Hugh Ryan at SCCID at (803) 734-1338 with questions.

Law Day Essay winners announced
The Spartanburg County Bar Association 2012 Law Day Essay Award winners were announced at the recent annual Law Day Celebration. Winners were 10th grade student Nina Srivastava, Spartanburg Day School, Overall Best Essay; Torry Shepard, Byrnes 9th Grade Academy, Best 9th Grade Essay; Noah Martin, Spartanburg High School, Best 10th Grade Essay;
Camille Swanson, Byrnes High School, Best 11th Grade Essay; and Inderpal Singh, Byrnes High School, Best 12th Grade Essay. Students receiving honorable mentions were Bethany Martin, Gaffney High School; Vincent Medrano, Blacksburg High School; Michael Mapstone, Chesnee High School; Halee Sanford, Broome High School; Keilo Bridwell, Byrnes High School; and Aaron Ross, Spartanburg High School. All winning essays will be judged by the Bar’s Senior Lawyers Division as part of a Statewide Law Day Essay Competition, with winners announced in the fall.

Take advantage of HP discounts
Through May 31, HP is offering special pricing on the new HP Slate 2 Tablet PC to S.C. Bar members. Save $143.82 on a reliable tablet that delivers a full-featured Windows® experience, touch capabilities and wireless functionality. Visit, or call 1-888-202-4465 and mention STBAR.

On the website!
Members have the ability to display a link to their firm website at! To add your website, simply log in at, click “Update My Profile” and add your firm’s website in the appropriate field. The website link will be displayed in the online member directory, which is available to both members and the public.

Legislative report
Don't forget to check out tomorrow's 
Weekly Legislative Report! Updates are posted on Fridays during the legislative session.

Advance Sheet update

May 16, 2012
Upon a petition for rehearing, the S.C. Supreme Court affirmed in part and reversed in part this appeal between a landlord and tenant. The Court held that the “two issue rule” bars the landlord’s appeal of negligent misrepresentation and breach of contract claims because a further ground for liability, unjust enrichment, was not appealed. However, the Court reversed the conclusion that tenant’s entitlement to the security deposit was not preserved for review and held that the landlord is entitled to retain the deposit, as the tenant failed to surrender possession and stayed on the premises without paying rent.   
Atlantic Coast Builders & Contractors v. Lewis, No. 27044, is available online.
Chief Justice Toal concurred in result in part and dissented in part in a separate opinion. 
Justice Pleicones concurred in part and dissented in part in a separate opinion.

In this appeal from an interlocutory order requiring the plaintiff, at the request of the named defendant, to remove him from the suit and substitute two different defendants, the Court held, per curiam, that such an order is immediately appealable per S.C. Code Section 14-3-330(2)(a). Since the interlocutory order affected a substantial right and was therefore immediately appealable, the Court of Appeals erred in dismissing the appeal.
Neeltec Enterprises v. Long, No. 27125, is available online.

In this appeal arising from a denied PCR application, the Court affirmed the circuit court. While the Court found that defendant’s counsel was ineffective because he inaccurately advised defendant of the law regarding suppression of illegally obtained evidence, the Court determined that this advice did not prejudice the defendant, as he did not prove that he would have gone to trial in lieu of taking a plea had he known that his counsel’s advice was incorrect.       
Goins v. State, No. 27126, is available online.

The Court held that the circuit court did not err in revoking appellant’s probation and rejected appellant’s argument that the court lacked subject matter jurisdiction over this matter because his probation and parole ran concurrently and thus ended six years before the circuit court heard this matter. Rather, the Court held that, absent an order that probation is to run concurrently with parole, probation begins after parole concludes.  
State v. Ellis, No. 27127, is available online.

May 18
Bar Foundation Board Meeting, Conference Center
Elder Law Committee Meeting, Conference Call
Elder Law Guardianship/Conservatorship Subcommittee Meeting, Conference Call
Ethics Advisory Committee Meeting, Nelson Mullins (Columbia)
Probate, Estate Planning and Trust Section Council Meeting, Bar Building

May 25
Trial and Appellate Advocacy Section Council Meeting, Conference Call

June 8
Practice and Procedure Committee Meeting, Bar Building

June 12
Project Citizen Training, Bar Building

June 15
Probate, Estate Planning and Trust Section Council Meeting, Bar Building

June 21
Family Law Section Council Meeting, Bar Building

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