July 25, 2013
July 19, 2013
Welcome to the South Carolina Bar's E-Blast!
July 25, 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 Family Court, 15th Judicial Circuit, Seat 2. 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 Friday, Aug. 23. For details on the application process, view the complete media release from the Commission.
South Carolina approved as recognized jurisdiction
South Carolina has been approved as a Recognized Jurisdiction for the Qualified Lawyer Transfer Scheme (QLTS) for the Solicitors Regulation Authority of the United Kingdom. Information regarding the Solicitors Regulation Authority and QLTS can be found at www.sra.org.uk.
New CLE publication release
S.C. Drug Case Tool Kit, Second Edition was designed to help attorneys strengthen their skills and learn what to look for in handling drug cases in South Carolina. This concise manual features an easy-to-use tabbing system allowing the reader to quickly and easily locate areas of interest. The second edition also includes four new sections: synthetic marijuana/bath salts, drug weight, drugs and hotels, and drug offense enhancements. This book is a must-have for any prosecution or defense attorney.
Wanted: Your photos for the South Carolina Lawyer magazine!
Check out pages 46-47 of the July issue of South Carolina Lawyer for photos of your colleagues in action. We want to hear from you, too! Send an "action" photo of your community service or pro bono work to firstname.lastname@example.org for inclusion in an upcoming issue.
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. If you’ve never taken a webinar, read these easy instructions. All you need is a computer and Internet connection! Contact PMAP Director Courtney Kennaday at email@example.com with questions.
SCDTAA and the Bar Foundation
The Foundation is grateful for the long time support of the S.C. Defense Trial Attorneys’ Association and looks forward to being part of the upcoming summer meeting. Attending? Stop by the Bar Foundation’s exhibit! Take a minute to see many of the heartbeat success stories made possible through 18 fantastic grantees and learn how you can help us help them. Not attending the summer meeting but still want to know how you can support the Foundation? Download our donor form or make your gift online.
Advance Sheet update
July 24, 2013
This majority opinion, originally filed May 22, 2013, was withdrawn, substituted and refiled July 24, 2013. The S.C. Supreme Court found constitutional the requirement of S.C. Code Section 23-3-540(C) that individuals convicted of CSC-first or lewd act on a minor must submit to electronic monitoring upon his or her release from incarceration or upon violation of probation or parole. However, the Court found the final sentence in S.C. Code Section 23-3-540(H) unconstitutional, since it permits lifetime satellite monitoring with no opportunity for judicial review for persons convicted of CSC-first or lewd act on a minor. The Court opined that “[t]he complete absence of any opportunity for judicial review to assess a risk of re-offending … is arbitrary and cannot be deemed rationally related to the legislature’s stated purpose of protecting the public from those with a high risk of re-offending.” As a result, the Court invalidated that provision of Section 23-3-540(H) and affirmed as modified the decision of the circuit court.
State v. Dykes, Op. No. 27124 (S.C. Sup. Ct. filed July 24, 2013) (Shearouse Adv. Sh. No. 33 at 15), is available online.
Justice Pleicones concurred in result only. Justice Hearn dissented in a separate opinion in which Justice Beatty concurred.
The Court certified this appeal from the S.C. Court of Appeals pursuant to Rule 204(b), SCACR, and affirmed the decision of the ALC that denied the appellant’s claim for infrastructure tax credits. The Court found the plain language of the Infrastructure Credit Statute clearly provides only a corporation may claim the credit. Because the partnership of Centex Homes incurred the infrastructure project expenses, it did not qualify for the credit. Thus, there was no credit available to pass through to its partners and, in turn, to the appellant. Furthermore, the Court found the legislature’s 2008 amendment to the Pass-Through Statute, which allowed limited liability companies to earn the same tax credits as a corporation, confirmed this result as it represents a purposeful act to restrict the types of entities that may earn and pass through tax credits. Although the appellant presented several potential methods of acquiring the credit directly or indirectly from its affiliates, the Court found none to be persuasive as the terms of the statutes may not be ignored or circumvented.
Centex International, Inc. v. SCDOR, Op. No. 27288 (S.C. Sup. Ct. filed July 24, 2013) (Shearouse Adv. Sh. No. 33 at 36), is available online.
Chief Justice Toal dissented in a separate opinion in which Justice Kittredge concurred.
By order of July 24, the Court denied the petitions for rehearing filed July 22, 2013, by the birth father and the Cherokee Nation, and a petition for supersedeas filed July 22, 2013, by the birth father which the Cherokee Nation joined by way of return. The Court determined that, “in light of the urgent need for this matter to be concluded,” the adoption of Baby Girl by the adoptive couple was in the best interests of Baby Girl. The Court reiterated that, “aside from the narrow issue of whether a transition plan is in Baby Girl's best interest, the orders of this Court following remand from the USSC leave nothing further to be decided by the family court. Accordingly, the family court shall forthwith approve the adoption and award legal custody to the adoptive couple. The matter of transfer of physical custody shall be accomplished in accordance with Baby Girl's best interest, as determined by the family court.”
Adoptive Couple v. Baby Girl, Op. No. 2013-07-24-01 (S.C. Sup. Ct. filed July 24, 2013), is available online.
Justice Pleicones dissented in a separate opinion in which Justice Beatty concurred.
The S.C. Court of Appeals affirmed Williams’ convictions of first degree criminal sexual conduct with a minor and unlawful conduct towards a child. The court held the trial court did not err in admitting the statements Williams gave before and after being advised of his Miranda rights because he was not in custody at the time he gave the statements. The trial court also did not err in denying Williams’ motion for a directed verdict on the unlawful conduct toward a child charge because, given the circumstances, he was responsible for the child’s welfare. The court further held the trial court did not err in admitting the enlarged anatomical diagrams of the victim’s injuries, since the court concluded the diagrams did not have any prejudicial effect. The court did not reach the issue of whether the trial court erred in admitting the photographs of the victim because it was not preserved for review.
State v. Williams, Op. No. 5161 (S.C. Ct. App. filed July 24, 2013) (Shearouse Adv. Sh. No. 33 at 64), is available online.
In this easement dispute, the court reversed the decision of the special referee and determined, inter alia,the appellants had an express written easement across the area that had not been abandoned, dedicated to nor accepted by the public. As such, the town was not entitled to close the portion of the area in question.
Town of Kingstree v. Chapman, Op. No. 5162 (S.C. Ct. App. filed July 24, 2013) (Shearouse Adv. Sh. No. 33 at 79), is available online.
Benjamin Bryan Crosby, 32, of Dallas, TX died July 19. His obituary can be found here.
Lawrence M. Gressette Jr., 81, of Columbia died July 19. His obituary can be found here.
Talbird Reeve Sams, 88, of Beaufort died July 3. His obituary can be found here.
Rogers Lewis Jackson Mann & Quinn, LLC announces that Welles Campbell has joined the firm as an associate located at 1330 Lady St., Ste. 400, Columbia 29201. (803) 256-1268.
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
Construction Law Section Council Meeting, Conference Call
Corporate, Banking and Securities Law Section Council Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
Tax Law Section Council Meeting, Conference Call
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