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October 27, 2011

October 25, 2011

Welcome to the South Carolina Bar's E-Blast! 
October 27, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at 
www.scbar.org
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.

S.C. Bar Convention 2012–Columbia, Jan. 19-22 

Online registration is now open! The 2012 Convention will feature 21 CLE seminars, including the popular Law Office Technology Seminar, Criminal and Civil Law Updates and Breakfast Ethics. This year's line-up of special events includes annual favorites such as the president’s welcome reception, plenary luncheon and wine tasting, in addition to a legislative reception, historical tour of Columbia and glass blowing class. Visit the 
Convention website for detailed information for all seminars and events. Register today!

S.C. Commission on Indigent Defense seeking candidates 
Candidates seeking to apply for a four-year term as the Circuit Public Defender in the First, Fourth and Twelfth Judicial Circuits should go to
www.jobs.sc.gov to complete on online application and receive further details. For more information, contact Hugh Ryan at (803) 734-1338.

ADR renewals
ADR renewal applications were mailed on Monday, Oct. 24, 2011. Please note that if during the past year you updated your demographics with the S.C. Bar, that data was not automatically transferred to the ADR database, and your application was sent to your former address. Please contact Joan Brown at (803) 799-6653, ext. 138, to update your record.

Revised court form
The S.C. Judicial Department has posted changes to form SCCA 253, Subpoena in a Criminal Case, which is approved for use in the Court of General Sessions of South Carolina. All previous versions of this form are obsolete. The form can be retrieved
here.

Advance Sheet update
October 27, 2011
The S.C. Court of Appeals found the Administrative Law Court erred in affirming S.C. Department of Corrections’ (SCDC) interpretation of the trial court’s sentencing. Under ordinary circumstances, SCDC must determine the sentence imposed by the trial court from the sentencing sheets. If there is some ambiguity in the sentencing sheets, SCDC may examine the transcript of record to determine the intent of the sentencing judge. Use of materials outside of the record is not permissible.
Tant v. S.C. Dep’t of Corrs., No. 4879, is available
online.

In this appeal of a child custody order, the court opined that Altman indicates that the initial determination of custody between unmarried parents is measured by the totality of the circumstances, and a change in circumstance is only required to be demonstrated since the issuance of a court order. Consequently, the court concluded the family court did not err in examining the totality of the circumstances in reaching its decision. However, the family court erred in considering the mother’s abortion, and accordingly, the court reversed the family court's order awarding custody of the child to the father and remanded for consideration of the issue excluding the mother's abortion.
Purser v. Owens, No. 4898, is available
online.
Chief Judge Few dissented in a separate opinion.

The court affirmed the appellant’s conviction for criminal sexual conduct with a minor in the first degree. The presiding judge properly considered the necessary elements in determining whether probable cause existed for the DNA swab test, and the record supports the finding that there was a substantial basis upon which to conclude that probable cause existed for the issuance of the order. The court found that given the overwhelming evidence, including the testimony of the victim, the eyewitness testimony of the mother and the DNA, any error in the admission of the HIV test results would be harmless. There was no abuse of discretion in the trial court's denial of the appellant's motion for a mistrial.
State v. Chisholm, No. 4899, is available
online.

Firm announcements
The College of Charleston announces that David Aylor has become an adjunct professor. His office remains at 24 Broad St., Charleston 29401. (843) 577-5530.

Howser, Newman & Besley, LLC
announces that Justin P. Novak has become an associate at the firm's Charleston office located at 1110 Queensborough Blvd., Ste. C, Mt. Pleasant 29464, (843) 216-6940. The firm also announces that Michael S. Traynham has joined the firm as an associate located at 1508 Washington St., Columbia 29211. (803) 758-6000.

Khaled Law Firm, PC announces the relocation of its Rock Hill office to 1373 Ebenezer Rd., 29732. (803) 980-1199.

Sandra J. Senn announces that Senn, McDonald and Leinbach, LLC has become Senn Legal, LLC located at 3 Wesley Dr., Charleston 29407. (843) 556-4045.

Yarborough Applegate, LLC announces that David B. Lail has joined the firm located at 210 Wingo Way, Ste. 301, Mt. Pleasant 29464. (843) 972-0150.

Calendar
October 28

Professional Responsibility Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building

November 1
Senior Lawyers Division Nominating Committee Meeting, Conference Call

November 9
Member Involvement Task Force Meeting, Bar Building

November 17
Board of Governors Meeting, Bar Building
Family Law Section Council Meeting, Conference Call

November 18
Elder Law Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at 
doelhafen@scbar.org or (803) 799-6653, ext. 171.       

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