July 11, 2013
July 08, 2013
Welcome to the South Carolina Bar's E-Blast!
July 11, 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.
The Judicial Merit Selection Commission is accepting applications for the positions listed in this media release. Correspondence and questions should be directed to the Judicial Merit Selection Commission: Jane O. Shuler, Chief Counsel, P.O. Box 142, Columbia, SC 29202, (803) 212-6629. The Commission will not accept applications after noon on Thursday, Aug. 8. For details on the application process, view the complete media release from the Commission.
2013 Solo and Small Firm Conference
Join your colleagues on Friday, Sept. 20, at the only conference in South Carolina designed with the solo and small firm lawyer in mind. The theme of this year’s conference is Making the Most of What You Have! Work better, not harder, by learning how to capitalize on the products and skills you already have. Register today!
New CLE publication release
The S.C. Foreclosure Law Manual, Third Edition contains an expanded discussion on loss mitigation, a reorganized chapter on defenses, and an in-depth discussion on some of the most important cases to impact a foreclosure law practice, including Wells Fargo v. Smith and Matrix Financial v. Frazer. Also updated was the section outlining procedural requirements set forth by each master-in-equity. Plus, each book includes a CD containing more than 50 valuable forms that enables you to more quickly and efficiently help your clients. Visit the publications store for a complete listing of all available CLE publications.
Register now for the next free PMAP webinar: CLOUD 101: What it is, Who it is and When it's Right for You! The PMAP webinars are held at noon on the last Wednesday of the month and are 30 minutes in length. The webinars are beginner to intermediate level and are not eligible for CLE credit. Space is limited, so register for the July 31 or Aug. 28 webinars by visiting the webinar page and clicking the “register now” link below the webinar you would like to see. If you’ve never taken a webinar, read these easy instructions. All you need is a computer and Internet connection! If you have questions, contact PMAP Director Courtney Kennaday at email@example.com.
PMAP Tech Tip
You’ve probably heard that it’s risky to use unsecured public wi-fi hotspots like those found in coffee shops, hotels or airports. But just how risky is it? Read this article for a glimpse of what a hacker can see when you connect to an unsecured wi-fi hotspot. Fortunately, there are ways to protect yourself while using public wi-fi. See the list at the end of that article for a few suggestions, or consider using a virtual private network (VPN) to will encrypt your online activity. Read this article for more information on VPNs and a list of five highly reviewed VPN services. Contact PMAP for free assistance with your law practice at firstname.lastname@example.org.
Foundation welcomes new directors and names officers
The Foundation welcomes its new board of directors for FY 2014: Chet Chea, Sidney J. Evering II and Cal Watson. The following directors have been elected as officers: Beverly A. Carroll, president; Elaine Fowler, president-elect; and Marie-Louise Ramsdale, secretary/treasurer. The board guides the Foundation in its mission to advance justice through access, education and accountability. Help the Foundation start the fiscal year strong with a gift: download our donor form or make a gift online today.
Advance Sheet update
July 3, 2013
In this direct appeal, the S.C. Supreme Court found the trial court erred when it held it lacked jurisdiction to enter an order ruling on the appellants’ motion for reconsideration. The trial court also erred when it held that “confidential health information” embraced only information containing both the name and personal health information of a patient. The Court made clear that “confidential health information” includes any combination of personal health information derived from the appellants’ records for which there is a reasonable basis to believe it could be used to identify the individual, as well as all summaries, compilations and extracts derived from such confidential health information. Accordingly, the Court reversed and remanded for further proceedings consistent with this opinion.
TLC Laser Eye Centers v. Woolfson, Op. No. 27280 (S.C. Sup. Ct. filed July 3, 2013) (Shearouse Adv. Sh. No. 30 at 15), is available online.
Justice Beatty concurred in result only.
The Court concluded that retroactively applying S.C. Code Section 24-21-645 constitutes an ex post facto violation and that inmates convicted of a violent crime must only convince two-thirds of the parole board members participating in their hearings to be granted parole. Because Barton received the requisite number of votes from the parole board, the Court determined Barton should be granted parole and remanded for proceedings consistent with this opinion.
Barton v. SCDPPP, Op. No. 27281 (S.C. Sup. Ct. filed July 3, 2013) (Shearouse Adv. Sh. No. 30 at 24), is available online.
Justice Pleicones concurred in result in a separate opinion. Justice Kittredge concurred in result in a separate opinion.
The S.C. Court of Appeals affirmed the circuit court and probate court’s finding that LeGrand breached a fiduciary duty to the beneficiaries of an estate when he did not disclose to them that he was negotiating with third parties to sell properties belonging to the estate while he was simultaneously negotiating with the beneficiaries to purchase from them those same properties. The court also affirmed the circuit court’s modified award of damages and agreed the probate court erred in reducing the award by $138,000. Since the issue was not preserved for review, the court did not reach LeGrand’s remaining claim that the circuit court erred in affirming the probate court’s award of damages in favor of all seven beneficiaries, when only three were parties in this case.
Turpin v. Lowther, Op. No. 5152 (S.C. Ct. App. filed July 3, 2013) (Shearouse Adv. Sh. No. 30 at 48), is available online.
In this appeal arising out of wrongful death, survival and negligence actions, the court affirmed the circuit court’s grant of Myers’ summary judgment motion, finding the only evidence was that Levister was an independent contractor.
Cherry v. Myers Timber Co., Op. No. 5153 (S.C. Ct. App. filed July 3, 2013) (Shearouse Adv. Sh. No. 30 at 61), is available online.
The court affirmed the order of the Administrative Law Court affirming the S.C. State Board of Dentistry’s order granting his request for relicensure, conditioned upon his provision of written evidence regarding the status of his Georgia license. The court concluded that there is substantial evidence that demonstrates Trimmier can comply with the condition imposed and that the Board’s decision did not constitute an unlawful procedure, did not violate Section 40-1-110(1) of the S.C. Code and was neither arbitrary nor capricious.
Trimmier, DMD v. SCDLLR, Op. No. 5154 (S.C. Ct. App. filed July 3, 2013) (Shearouse Adv. Sh. No. 30 at 69), is available online.
The City of N. Charleston appealed a jury verdict granting Busillo $16,500 for damages arising out of an automobile accident with a City of N. Charleston police officer. The court affirmed, finding the city’s arguments regarding the admissibility of an expert’s testimony were not preserved for appellate review and that the trial court properly exercised its discretion when admitting the evidence of Busillo’s property damage and denying the city’s request for a special verdict form.
Busillo v. City of N. Charleston, Op. No. 5155 (S.C. Ct. App. filed July 3, 2013) (Shearouse Adv. Sh. No. 30 at 77), is available online.
Judge Williams dissented in a separate opinion.
The court affirmed the trial court’s refusal to instruct the jury that a person acting in self-defense has the right to continue shooting until the threat has ended. The court also affirmed the trial court’s refusal to charge Subsection 16-11-450(A) of the S.C. Code, which provides immunity from prosecution for persons “justified in using deadly force,” since it is a procedural subsection that is irrelevant to the work of a jury. Accordingly, Marin’s convictions for murder and possession of a weapon during the commission of a violent crime were affirmed.
State v. Marin, Op. No. 5156 (S.C. Ct. App. filed July 3, 2013) (Shearouse Adv. Sh. No. 30 at 86), is available online.
July 10, 2013
The S.C. Supreme Court granted certiorari and affirmed as modified the opinion of the Court of Appeals. The husband obtained a home equity line of credit from Wachovia Bank (Wachovia) and secured the loan with the couple’s residence which was titled in the wife’s name only. The Court held that Wachovia’s failure to verify the husband’s interest in the couple’s residence resulted in an invalid mortgage which could not be foreclosed on.
Wachovia Bank v. Coffey, Op. No. 27282 (S.C. Sup. Ct. filed July 10, 2013) (Shearouse Adv. Sh. No. 31 at 16), is available online.
Justice Pleicones dissented in a separate opinion in which Justice Hearn concurred.
The S.C. Court of Appeals affirmed Dial’s conviction of homicide by child abuse, finding the trial court did not commit reversible error by: ruling officer Dukes had the authority to arrest Dial; refusing to allow Dial to impeach the State’s lead investigator; denying Dial’s motion for a mistrial after the victim’s mother brought an urn to the witness stand; admitting autopsy photographs into evidence; or refusing to admit the pathologist’s conflicting death certificates. The court did not reach the issue of whether the trial court erred in sentencing Dial to the maximum sentence permitted under S.C. law because the issue was not preserved for appeal.
State v. Dial, Op. No. 5157 (S.C. Ct. App. filed July 10, 2013) (Shearouse Adv. Sh. No. 31 at 24), is available online.
Chief Judge Few concurred in a separate opinion.
In this criminal appeal, the court affirmed, finding the trial judge’s refusal to excuse the juror and to substitute her with an alternate was not an abuse of discretion because: the juror was impartial despite her husband’s reserve deputy status; the juror did not conceal her spouse’s employment; and Jakes’ counsel, through the exercise of due diligence, could have learned of the juror’s husband’s employment status.
State v. Jakes, Op. No. 5158 (S.C. Ct. App. filed July 10, 2013) (Shearouse Adv. Sh. No. 31 at 37), is available online.
Chief Judge Few concurred in a separate opinion.
The court reversed Henkel’s conviction of driving under the influence because the arresting officer failed to videotape him advising Henkel of his Miranda rights as required under S.C. Code Section 56-5-2953.
State v. Henkel, Op. No. 5159 (S.C. Ct. App. filed July 10, 2013) (Shearouse Adv. Sh. No. 31 at 49), is available online.
Judge Geathers dissented in a separate opinion.
By order of July 3 the Court reinstated Erica M. Jackson as a Regular Member of the Bar.
The Court accepted the resignation from the Bar of Pamela Ann Jamarik as she no longer met the requirements of Rule 405, SCACR.
William M. Campbell Jr., 74, of Beaufort died June 23. His obituary can be found here.
John L. Choate, 66, of Atlanta, Ga. died June 28. His obituary can be found here.
G. Dewey Oxner Jr., 79, of Greenville died July 7. Mr. Oxner was president of the Bar from 2000 to 2001; his obituary can be found here.
Dean Best and Jenny Honeycutt announce the opening of Best Honeycutt, PA located at 8 Sawgrass Rd., Ste. A, Charleston 29412. (843) 259-1245.
The City of N. Charleston announces that Francie Daniel Austin has been named deputy city attorney with offices located at 2500 City Hall Lane, N. Charleston 29406. (843) 554-5700.
Cox & Ferguson announces that Allen M. Wham has become a member of the firm and that it is now Cox, Ferguson & Wham, LLC located at 107 E. Laurens St., Laurens 29360. (864) 984-2126.
ExxonMobil Corporation announces that C. Victor "Vic" Pyle III has transferred to the Upstream Development Section of the ExxonMobil Law Dept. and been seconded as general counsel to the Marine Well Containment Company located at 400 N. Sam Houston Pkwy., E., Ste. 1100, Houston, TX 77060. (281) 820-8806.
First Citizens announces that Kathleen McDavid has joined the bank as in-house counsel located at 1314 Park St., Columbia 29201. (803) 931-1667.
Howser, Newman & Besley, LLC announces that Kate K. Loveland has joined the Charleston office located at 215 E. Bay St., Ste. 303, 29401. (843) 216-6940.
McDonald, McKenzie, Rubin, Miller and Lybrand, LLP announces that Amanda N. Pittman has joined the firm as an associate located at 1704 Main St., Columbia 29201. (803) 252-0500.
Michael G. Sribnick, MD, JD, LLC announces the opening of a Columbia office located at 3535 Overcreek Rd., 29206. (888) 524-4816.
Thomerson Macchiaverna Smith & Freeman, PC announces that William S.F. Freeman has joined the firm as a partner located at 418 River St., Greenville 29601. (864) 991-8329.
Task Force on Bar-Law Schools, Bar Building
We the People: The Citizen and the Constitution Training, Bar Building
Elder Law Committee Meeting, Bar Building
Ethics Advisory Committee Meeting, Bar Building
Foundations of Democracy Training, Bar Building
LRE Technology for Teachers, Bar Building
Animal Law Committee Meeting, Conference Call
Senior Lawyers Division Executive Council Meeting, Bar Building
Employment and Labor Law Section Council Meeting, Conference Call
Environment and Natural Resources Section Council Meeting, Conference Call
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