July 18, 2013
July 12, 2013
Welcome to the South Carolina Bar's E-Blast!
July 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.
S.C. Bar annual report available online
The Perspectives annual report, which outlines accomplishments from the 2012-13 Bar year, is now available. Access it online and learn about the Bar's efforts in the areas of membership services, continuing legal education, public services and law related education, as well as the work of the Young Lawyers Division.
New CLE publication release
Condominium Law in South Carolina, Third Edition is the state’s only substantive treatise covering the S.C. Horizontal Property Act. Fully updated since the second edition, this unique book is thoroughly researched and annotated to provide the busy practitioner with a solid, practical resource on everything from creating the condominium and ownership to governance issues, liability, assessments, taxes, association use restrictions, community association managers and more! If you represent developers, associations or owners, it is a must-have for your library.
PMAP Practice Pointer
Lawyers tackle multiple projects, deadlines and requests from clients on a daily basis. How do you deal with the competing demands on your time? Setting a routine and sticking to it is one way to take back control of your day and reduce stress. Everyone has high-energy and low-energy times during the workday. Reserve your high-energy times for tasks that require the most concentration and complete routine tasks in your low-energy periods. For more tips to make the most of your workday, read Strategies to Better Manage Your Time and the Workplace. You can also check out Time and Workplace Management for Lawyers from the Bar’s Lending Library. PMAP offers free advice to law firms; contact email@example.com.
SLED power interruption
Access to SLED breath testing videos and instrument records is currently unavailable due to an unexpected power interruption. SLED IT is working to correct the issue and expects to have access to this system restored on or before Aug. 9. For additional information or questions, contact Lt. Deborah Banks, SLED Implied Consent Department, (803) 896-7570, or Capt. Wendy Bell, Ph.D., SLED Forensic Operations, (803) 896-7277.
ODC releases annual reports
The Office of Disciplinary Counsel has released its Annual Report of Judicial Discipline and Annual Report of Lawyer Discipline for 2012-2013. For more information on the ODC or to view past reports, click here.
Fourth Circuit Court of Appeals summaries
Members of the South Carolina Law Review have summarized newly published cases from the Fourth Circuit Court of Appeals. The summaries can be found online.
Ronnie M. Cole Scholarship applications available
Ronnie M. Cole Scholarship applications are now being accepted. The fund provides scholarships to lawyers who need help with the cost of required CLE seminars necessary to maintain their law licenses. The scholarships will be used to attend a qualifying course offered by the S.C. Bar CLE Division. Any member of the S.C. Bar, in good standing, is eligible for a scholarship. The application, along with deadline information, can be found online.
Advance Sheet update
July 17, 2013
The S.C. Supreme Court affirmed the probate court and circuit court’s finding that Turner did not qualify as a pretermitted child under Section 62-2-302(b) of the S.C. Probate Code.
Turner v. Daniels, Op. No. 27283 (S.C. Sup. Ct. filed July 17, 2013) (Shearouse Adv. Sh. No. 32 at 16), is available online.
In this declaratory judgment action, the Court reversed, finding the circuit court erred in its finding that a commercial general liability policy provided coverage when a brick face was damaged by improper cleaning after the insured completed its installation.
Bennett & Bennett Construction v. Auto Owners Insurance Co., Op. No. 27284 (S.C. Sup. Ct. filed July 17, 2013) (Shearouse Adv. Sh. No. 32 at 19), is available online.
Justice Beatty concurred in result only. Justice Hearn concurred in a separate opinion in which Justice Kittredge concurred.
In this direct appeal from an order of the Workers’ Compensation Commission denying temporary total disability benefits, the Court affirmed, finding substantial evidence to support the Commission’s determination that Pollack’s termination and resulting incapacity to earn wages was due to his violation of company policy and not his work-related injury.
Pollack v. Southern Wine & Spirits of America, Op. No. 27285 (S.C. Sup. Ct. filed July 17, 2013) (Shearouse Adv. Sh. No. 32 at 27), is available online.
The Court held the circuit court erred in finding the Freedom of Information Act (FOIA) unconstitutional under the First Amendment when applied to the S.C. Association of School Administrators (SCASA). The Court opined that the FOIA is a content-neutral statute that serves important governmental interests and does not burden substantially more speech than necessary to serve those interests, and therefore it does not violate SCASA’s First Amendment speech and association rights. The Court left the issue of whether SCASA is a public body subject to the FOIA for determination on remand. Accordingly, the Court reversed the circuit court’s dismissal of this case and remanded to the circuit court for further proceedings.
Disabato v. SCASA, Op. No. 27286 (S.C. Sup. Ct. filed July 17, 2013) (Shearouse Adv. Sh. No. 32 at 34), is available online.
Justice Pleicones concurred in part and dissented in part in a separate opinion in which Justice Beatty concurred.
In this appeal alleging the ineffective assistance of counsel, the Court affirmed as modified the decision of the post-conviction relief (PCR) court. The Court found the PCR judge erred in holding that the counsel’s failure to renew an objection to suppress drug evidence did not constitute deficient performance. McHam, however, did not suffer any prejudice by the counsel’s deficient performance because his Fourth Amendment claim failed on its merits. In arriving at its conclusion, the Court held that “the opening of the door of an occupied vehicle is an intrusion, however slight, that generally constitutes a search for purposes of the Fourth Amendment.” The Court further determined, however, that the search was reasonable under the circumstances and did not violate the Fourth Amendment.
McHam v. State, Op. No. 27287 (S.C. Sup. Ct. filed July 17, 2013) (Shearouse Adv. Sh. No. 32 at 60), is available online.
Justice Pleicones concurred in result only.
Isaac appealed the circuit court’s denial of his request for immunity under the Protection of Persons and Property Act, S.C. Code Ann. Sections 16-11-410 to -450 (Supp. 2012). The Court accepted his appeal and directed the parties to brief the following issues: when a determination is made prior to trial that the Protection of Persons and Property Act is inapplicable in a case as a matter of law, is that determination immediately appealable under State v. Duncan, 392 S.C. 404, 709 S.E.2d 662 (2001); should the Protection of Persons and Property Act be applied retroactively; and did the circuit court err in determining the Protection of Persons and Property Act was inapplicable in this case?
State v. Isaac, 2013-07-15-01 (S.C. Sup. Ct. dated July 15, 2013), is available online.
The U.S. Supreme Court recently reversed the S.C. Supreme Court’s decision in this case and held that the Indian Child Welfare Act does not mandate custody be awarded to the birth father. Given the holding and its desire to resolve this case expeditiously, the Court remanded to the family court for the prompt entry of an order approving and finalizing the adoptive couple’s adoption of the baby girl, thereby terminating the birth father’s parental rights, in accordance with S.C. Code Section 63-9-750.
Adoptive Couple v. Baby Girl, 2013-07-17-01 (S.C. Sup. Ct. dated July 17, 2013), is available online.
The S.C. Court of Appeals reversed Moore’s convictions for trafficking cocaine base and possession of a weapon during the commission of a violent crime. The court held that since Moore declined consent to search his vehicle and the facts did not provide the arresting officer with a reasonable suspicion of a suspicious crime, the continued detention was illegal and the drugs discovered during the search of the vehicle must be suppressed.
State v. Moore, Op. No. 5160 (S.C. Ct. App. filed July 17, 2013) (Shearouse Adv. Sh. No. 32 at 74), is available online.
Chief Judge Few dissented in a separate opinion.
Bird, Cofield & Moise, LLC announces that Jonathan A. Mullen has joined the firm located at 15 Clark's Summit Dr., Bluffton 29910. (843) 815-3900.
Clawson & Staubes, LLC announces the opening of a Columbia office and that J. Austin Hood has been named managing member located at 1612 Marion St., Ste. 200, 29201. (800) 774-8242.
Gallivan, White & Boyd, PA announces that Lisa C. McMillan has joined the Greenville office as of counsel located at 55 Beattie Place, Ste. 1200, 29601. (864) 271-9580.
Gibbes Burton, LLC announces that Sarah White has joined the firm located at 308 E. St. John St., Spartanburg 29302. (864) 327-5000.
Nexsen Pruet, LLC announces that Ron Cardwell and Phil Conner have joined the Greenville office as members located at 55 E. Camperdown Way, Ste. 400, 29601. (864) 370-2211.
Twenge+Twombley Law Firm announces that Jennifer I. Campbell has become of counsel to the firm located at 311 Carteret St., Beaufort 29902. (843) 476-4573.
Willson Jones Carter & Baxley, PA announces that Justin John Price has joined the Charleston office located at 421 Wando Park Blvd., Ste. 100, 29464. (843) 284-1080.
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
Practice and Procedure Committee Meeting, Bar Building
Senior Lawyers Division Executive Council Meeting, Bar Building
CLE Seminars Committee Meeting, Conference Center
Employment and Labor Law Section Council Meeting, Conference Call
Environment and Natural Resources Section Council Meeting, Conference Call
Annual Meeting of Chairs, Embassy Suites (Columbia)
Memory Hold the Door Committee Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.