November 1, 2012
October 30, 2012
Welcome to the South Carolina Bar's E-Blast!
November 1, 2012
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.
Need extra copies?
The 2012-13 edition of the S.C. Bar Lawyers Desk Book is available for purchase in print or on a CD. All active Bar members were mailed a complimentary copy in August. Additional copies can be purchased for $25 each, plus tax. Place an order online or call (803) 799-6653, ext. 155.
Bar members offer to serve in public office
The Bar extends appreciation to the following members for offering to serve in public office. Complete information about elections can be found at www.scvotes.org.
U.S. House of Representatives: Congressman Joe Wilson, U.S. House Dist. 2; Congressman Trey Gowdy, U.S. House Dist. 4; and Tom Rice, U.S. House Dist. 7.
S.C. Senate: Karl Allen, Dist. 7; Sen. Wes Hayes, Dist.15; Sen. Creighton Coleman, Dist. 17; Robert Rikard, Dist. 20; Tom R. Young, Dist. 24; Sen. Shane Massey, Dist. 25; Sen. Nikki Setzler, Dist. 26; Sen. Vincent Sheheen, Dist. 27; Greg Hembree, Dist. 28; Sen. Gerald Malloy, Dist. 29; Sen. Luke Rankin, Dist. 33; J. Thomas McElveen III, Dist. 35; Eleazer Carter, Dist. 36; Shaun Kent, Dist. 36; Sen. Bradley Hutto, Dist. 40; Paul Thurmond, Dist. 41; Paul Tinkler, Dist. 41; Sen. Chip Campsen III, Dist. 43; and Sen. Tom Davis, Dist. 46.
S.C. House of Representatives: Bob Merritt, Dist. 13; Rep. Bruce W. Bannister, Dist. 24; Rep. Derham Cole Jr., Dist. 32; Rep. Douglas “Doug” Brannon, Dist. 38; Ralph Shealy Kennedy, Dist. 39; Rep. Walton J. McLeod, Dist. 40; Rep. F. Gregory Delleney Jr., Dist. 43; Mandy P. Norrell, Dist. 44; Rep. Thomas “Tommy” E. Pope, Dist. 47; Rep. J. David Weeks, Dist. 51; Rep. Laurie Slade Funderburk, Dist. 52; Rep. Elizabeth R. Munnerlyn, Dist. 54; Dennis DiSabato, Dist. 56; Rep. James H. Lucas, Dist. 65; Rep. G. Murrell Smith Jr., Dist. 67; Rep. James E. Smith Jr., Dist. 72; Rep. Chris Hart, Dist. 73; Rep. Todd Rutherford, Dist. 74; Joe McCulloch, Dist. 75; Beth E. Bernstein, Dist. 78; Rep. Todd Atwater, Dist. 87; Rep. Bakari Sellers, Dist. 90; Rep. Jenny Horne, Dist. 94; Rep. Chris Murphy, Dist. 98; Rep. Ronnie Sabb, Dist. 101; Tom Winslow, Dist. 103; Blake Hewitt, Dist. 105; Bert Von Hermann, Dist. 105; Rep. Alan D. Clemmons, Dist. 107; Stephen Goldfinch Jr., Dist.108; Rep. J. Seth Whipper, Dist. 113; Rep. Peter McCoy Jr., Dist. 115; Rep. Leon Stavrinakis, Dist. 119; and Weston Newton, Dist. 120.
Proposed model jury instructions
The ABA Judicial Conference Committee on Court Administration and Case Management has prepared proposed model jury instructions for the use of electronic technology to conduct research on or communicate about a case. To view the instructions, click here.
Casemaker+ promotion extended
Through Nov. 15, upgrade your free Casemaker legal research benefit to Casemaker+ for only $29 per month or $299 per year. Casemaker+ includes CaseCheck+, which tells you whether the case you are reading is still good law; CasemakerDigest, a daily summary that keeps you up to date on the latest cases in your practice area(s); and CiteCheck, the brief analyzer. To take advantage of this promotion, click on the “Try CaseCheck+” banner at the top of the page while in Casemaker and enter promotion code 11KIH47HTQ. Please note that the letter after the “K” is a capital “I." For questions, call customer support at (877) 659-0801.
Treat yourself to a Foundation grantee event
Now that the tricking is over, treat yourself to a Foundation grantee event this month. Grab some pancakes and bacon at Lowcountry Legal Volunteers’ Flapjack Fundraiser, give a child a smile by donating a toy to Richland County CASA’s Holiday Toy Drive for Children or participate in the Ask-A-Lawyer phone banks and web chats this month. See the complete list of event dates, locations and contacts, and help us continue to provide to South Carolinians in need through our grantees. These events are made possible, in part, by attorney support. Give to the Foundation today by downloading our donor form or making a gift online.
Advance Sheet update
October 31, 2012
The S.C. Court of Appeals affirmed the appellant’s conviction for driving under the influence. In pertinent part, S.C. Code Ann. Section 56-5-1900 states that “a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that such movement can be made with safety." Considering the plain language of the statute, the court opined it was practicable for the appellant to remain within his lane of traffic and his failure to do so provided the arresting officer with reasonable suspicion to justify the traffic stop resulting in the appellant’s arrest.
State v. Vinson, No. 5044, is available online.
In this property action, the S.C. Court of Appeals affirmed the decision of the trial court. The court found the trial court did not err in construing the deed at issue because the precise recitation of acreage and reference to tax maps were controlling and accurately reflected the appellant’s intent to convey the disputed land. The court concluded that the trial court did not err in finding the appellants failed to prove their trespass to try title and adverse possession claims because the appellant failed to prove she was in continuous, hostile, actual, open, notorious and exclusive possession of the disputed tract for 10 years.
Millvale Plantation, LLC v. Carrison Family Limited Partnership, No. 5045, is available online.
William G. Yarborough III has filed a petition for reinstatement, which has been referred to the S.C. Supreme Court's Committee on Character and Fitness. A hearing has been scheduled for Nov. 28, 2012, at 9:30 a.m. at the Supreme Court Building.
Interim suspension lifted
By order of October 31, the Court lifted the suspension of Spartanburg County Magistrate Keith Allen Sherlin. Sherlin had been placed on interim suspension pursuant to the Court’s order of May 7.
Bowman and Brooke, LLP announces that Matthew Brooks Miller has joined the Columbia office as an associate located at 1441 Main St., 12th Floor, 29201. (803) 726-7420.
Courtney Law Firm announces its relocation to 116 Church St., Charleston 29401. (843) 822-9800.
Lawrence & Rudasill, PA announces the retirement of Michael L. Rudasill and that the firm will merge with The Lonon Law Firm, LLC to form Lawrence, Lonon & Rudasill, LLC located at 134 Oakland Ave., Spartanburg 29302, (864) 327-1764. The firm also announces that J. Robinson Little has joined the firm as an associate.
Insurance Programs Committee, Bar Building
Middle School Mock Trial Regional Competitions
Administrative and Regulatory Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Conference Center
Professional Responsibility Committee Meeting, Bar Building
Health Care Law Section Council Meeting, Conference Call
Animal Law Committee Meeting, Conference Call
Member Involvement Task Force Meeting, Conference Call
Board of Governors Meeting, Bar Building
Family Law Section Council Meeting, Bar Building
Elder Law Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Workers' Compensation Section Council Meeting, Conference Call
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.