April 18, 2013
April 17, 2013
Welcome to the South Carolina Bar's E-Blast!
April 18, 2013
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.
Board of Governors meets
The Board of Governors met today at the Bar building.
The Board approved draft Bar and CLE budgets that will be considered by the House of Delegates in May. Fees for the new categories of lawyer affiliate and law student affiliate were also approved.
The following were elected to vacancies in the House of Delegates for terms beginning July 1, 2013: Paul Simons, Second Judicial Circuit; Chris Taylor, Sixth Judicial Circuit; Bill Harvey, 14th Judicial Circuit; and Stephen Cox, 16th Judicial Circuit.
The Board received a report from the Task Force on Professional Liability Options, a report on a meeting with Bar members from Clarendon and Williamsburg counties, and a report on current Pro Bono Program initiatives.
S.C. Bar wins three SCSAE Best in the Business Awards
The S.C. Society of Association Executives (SCSAE) will present three Best in the Business Awards to the S.C. Bar on April 26. The following entries will be honored: 2013 S.C. Bar Convention (Event Marketing); MyBar (Website); and We Do That! (Marketing/Public Relations). Congratulations!
Katharine Swinson named Goldberg Scholar
Katharine Swinson of Great Falls, Va., has been named the S.C. Bar Foundation I.M. Goldberg Scholar. Swinson earned her BA in elementary education from the University of South Carolina and is currently attending the USC School of Law with the hopes of practicing family law following graduation. The Goldberg Scholarship was created by the S.C. Bar Foundation in honor of I.M. Goldberg, a well-known family law practitioner in Charleston. The scholarship fund provides a $500 award to a deserving USC law student each year.
By order of April 17, the Court dismissed the S.C. Retirement System Investment Commission’s (Commission) petition for a writ of mandamus as moot. The Commission sought a writ of mandamus compelling State Treasurer Curtis Loftis, as the statutory custodian of the Retirement Systems Group Trust, to authorize a transfer of funds to Warburg Pincus Fund XI. Once Loftis agreed to perform the precise act sought in the petition for a writ of mandamus by authorizing the funding of the investment in Warburg Pincus Fund XI, there was nothing left for the Court to order.
Advance Sheet update
April 17, 2013
This opinion, originally filed April 10, 2013, was withdrawn, substituted and refiled on April 11, 2013. The S.C. Court of Appeals affirmed the trial court’s denial of Blakely’s motion to quash the indictment for accessory after the fact to a felony because there was not sufficient evidence, nor a presumption, of prosecutorial vindictiveness. The court held that the ABA’s standards involving joinder and severance cases, which would prohibit prosecution in the instant matter, are not controlling nor dispositive and do not create a due process right. Further, the court determined that the prosecution took two different legal theories, not two inconsistent positions, in the separate criminal proceedings against Blakely; thus there was no violation of her due process rights.
State v. Blakely, No. 5114, is available online.
The court affirmed the family court’s finding regarding marital debts, reversed the family court’s finding regarding the wife’s retirement account, and remanded the award of attorney’s fees.
Schultze v. Schultze, No. 5115, is available online.
The father appealed the family court’s determination that he was not entitled to a termination or reduction of his child support payments. The father contended the family court erred in: using an improper burden of proof; failing to properly recalculate child support payments; and awarding the mother attorney’s fees. The court affirmed on all issues.
Hawkins v. Hawkins, No. 5116, is available online.
Chief Judge Few concurred in a separate opinion.
In this workers’ compensation appeal, the court affirmed the circuit court’s findings that: Colonna’s recovery was limited to scheduled disability under Section 42-9-30 of the S.C. Code; Colonna did not suffer from any additional permanent partial disability; and Colonna had reached maximum medical improvement. The court declined to address the issue of whether Marlboro Park Hospital was responsible for lifetime maintenance of the spinal cord stimulator implanted in Colonna’s back because Marlboro Park Hospital conceded that there is no dispute regarding this issue.
Colonna v. Marlboro Park Hospital, No. 5117, is available online.
The court affirmed the circuit court’s order denying Horton’s motion to compel arbitration. Because the court affirmed the circuit court’s finding of unconscionability and found that the arbitration clause should not be severed from the purchase agreement, the court declined to address Horton’s remaining arguments regarding unequal bargaining power, lack of consideration and merger-by-deed.
Smith v. D.R. Horton, Inc., No. 5118, is available online.
Based on the trial court’s failure to conduct a balancing test pursuant to Rule 403, SCRE, the court remanded, directing the trial court to conduct an on-the-record balancing test to determine whether the probative value of the prior shooting testimony is substantially outweighed by the danger of unfair prejudice to Spears. If upon remand the trial court determines the probative value of the prior shooting testimony is substantially outweighed by the danger of unfair prejudice to Spears, the court should order a new trial. If the trial court determines the probative value of the prior shooting testimony is not substantially outweighed by the danger of unfair prejudice to Spears, the conviction shall be affirmed subject to the right of appellate review.
State v. Spears, No. 5119, is available online.
Robert A. Bruce announces the opening of Bruce Law Firm located at 200 Oakland Ave., Ste. F, Rock Hill 29730. (803) 981-4293.
DuBose-Robinson, PC announces that H. Thomas Morgan Jr. has been named a shareholder in the firm located at 935 Broad St., Camden 29020, (803) 432-1992. The firm also announces the relocation of the Columbia office to 2725 Devine St., 29205, (803) 254-5445.
Jackson Lewis, LLP announces that John W. Sulau has joined the Greenville office located at 55 Beattie Place, Ste. 800, 29601. (864) 232-7000.
Ethics Advisory Committee Meeting, Bar Building
Law Related Education Mock Trial Subcommittee Meeting, Conference Center
Probate, Estate Planning and Trust Section Council Meeting, Conference Call
Employment and Labor Law Section Nominating Committee Meeting, Conference Call
Alternative Dispute Resolution Commission Meeting, Mike Kelly Law Group (Columbia)
Law Related Education Committee Meeting, Rogers Townsend & Thomas (Columbia)
South Carolina Lawyer Editorial Board Meeting, Bar Building
S.C. Bar Leadership Academy Meeting, Charleston
Health Care Law Section Seminar, Conference Center
Elder Law Committee Meeting, Bar Building
Health Care Law Section Council Meeting, Conference Call
Board of Governors Meeting, Dunes Club, Sullivans Island
House of Delegates Meeting, Dunes Club, Sullivans Island
Swearing-In of New Officers, Dunes Club, Sullivans Island
Animal Law Committee Meeting, Conference Call
Workers' Compensation Section Council Meeting, Conference Call
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