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November 3, 2011

November 01, 2011

Welcome to the South Carolina Bar's E-Blast! 
November 3, 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.

Necessities and Paper Products Drive 
YLD’s Voices Against Violence Committee seeks your participation in its Necessities and Paper Products Drive Nov. 1–14. Volunteers are collecting and distributing items to domestic violence shelters statewide, including paper towels, toilet paper, facial tissues, office paper, food items, powder laundry detergent, cleaning products, deodorant, toothbrushes and toothpaste. Tax-deductible monetary donations are also welcome. Checks can be made payable to the S.C. Bar YLD Foundation and mailed to S.C. Bar YLD Foundation, P.O. Box 608, Columbia, SC 29202. Click 
here for a complete list of drop-off locations. For more information, contact Melissa Maddox-Barnes at mb@chacity.com.

Pro Bono Committee seeks nominations for Pro Bono Lawyer of the Year Award
The S.C. Bar Pro Bono Committee is seeking nominations for the 2012 Pro Bono Lawyer of the Year Award. The Bar presents awards annually to individual lawyers, law firms and institutions in the legal profession that have demonstrated outstanding commitment to volunteer legal services for the poor and disadvantaged. If you know someone who should be considered, complete the
application and return it to S.C. Bar, Attn: Pro Bono Awards, P.O. Box 608, Columbia, SC 29202, no later than Nov. 15, 2011. The award will be presented at the Foundation Gala during the S.C. Bar Convention in January.

Family Court Judges Advisory Committee order posted
Chief Justice Jean H. Toal has ordered that the Family Court Judges Advisory Committee be composed of a nine member body, including six at-large members and the three officers of the S.C. Conference of Family Court Judges. The Committee provides recommendations regarding the improvement of family courts in South Carolina. The complete order can be viewed 
here

USC School of Law Mock Trial
The USC School of Law Mock Trial Bar is hosting the final round of the 2011 Internal Mock Trial Competition on Thursday, Nov. 10, in the School of Law auditorium. This year's case is State v. Taylor. Following the trial, the Mock Trial Bar will present awards, sponsored by the American Board of Trial Advocates and the American College of Trial Lawyers, to the best attorney and team. Doors open at 6 p.m., and the program will begin at 6:30 p.m. A reception will follow in the School of Law lobby.

Advance Sheet update
November 2, 2011
In this child custody appeal, the S.C. Court of Appeals affirmed the family court’s order, finding that the family court conducted the proper best-interests analysis prior to awarding the father both legal and physical custody of the minor child. The court further found the family court did not err in failing to appoint a guardian or consider the child’s wishes when determining custody and placement. Finally, the court found that the family court did not lack subject matter jurisdiction over custody.
Sheila R. v. David R., No. 4900, is available online.

In this PCR case, the court was, under its standard of review, "constrained to affirm the PCR court's decision.” Although the PCR court found the petitioner did not present evidence of incompetence at the time of plea, the psychiatrist's testimony that Lee's mental status dated back to when he was in school and that he had a documented history of mental retardation, was sufficient to show a reasonable probability that he was incompetent at the time of the plea. However, Lee also had to demonstrate that the plea counsel's performance was deficient. The plea counsel could not be deficient if she had no indication of Lee's mental status. Although Lee's aunt testified she informed the plea counsel of Lee's mental status, the plea counsel testified she did not recall a conversation with her. Further, the plea counsel testified that Lee indicated he had no prior mental conditions, and none of his answers led her to suspect otherwise. The court was therefore required to defer to the PCR court's findings of credibility, and the PCR court found the plea counsel "extremely credible."
Lee v. State, No. 4901, is available online.

The court found the trial court erred in holding that the statute of limitations did not bar Kimmer's legal malpractice action. Accordingly, the order of the trial court was reversed, and the case was remanded for further proceedings consistent with the court’s opinion.
Kimmer v. Wright, No. 4902, is available online.       
Chief Judge Few dissented in a separate opinion.

The court affirmed Gilmore’s conviction on first degree criminal sexual conduct. The central issue on appeal was whether the trial court erred in declining to charge the jury on assault and battery of a high and aggravated nature as a lesser-included offense. The court held that the facts do not support an ABHAN charge and that the trial court acted within its discretion in allowing the victim to testify regarding two statements Gilmore allegedly made during the sexual assault. The court declined to address additional issues, ruling that they were unpreserved for appeal.
State v. Gilmore, No. 4903, is available online.

In this workers' compensation case, the court affirmed the Appellate Panel’s decision that concluded the employer's workers' compensation policy did not provide coverage on the date the respondent sustained injuries and that the employer would be directly responsible for payment of the claimant’s benefits. The Appellate Panel properly concluded a lapse in the employer's coverage occurred from Oct. 10, 2007, through Nov. 26, 2007.
Burris v. Propst Lumber, No. 4904, is available online.

In memoriam
Jack W. Lawson Jr., 60, of Florence died Nov. 2. His obituary can be found
here.

Firm announcements
Nathan M. Clark and Adam R. Artigliere announce the opening of Artigliere & Clark, PA located at 196 Keowee Trail, Clemson 29631. (864) 653-7878.

Tom Holland announces the opening of Law Offices of Thomas W. Holland Sr., LLC located at 1117 Hwy. 9 Bypass, Ste. H, Lancaster 29720. (803) 313-9300.

Keaveny Law Firm, LLC announces that Matthew S. Byzet has joined the firm as an associate located at 445 Folly Road, Charleston 29412. (843) 225-2820.

Calendar
 
November 8
Senior Lawyers Division Nominating Committee Meeting, Conference Call

November 9
Dispute Resolution Section Council Meeting, Conference Call
Member Involvement Task Force Meeting, Bar Building

November 11
Practice and Procedure Committee Meeting, Conference Center

November 17
Board of Governors Meeting, Bar Building
Family Law Section Council Meeting, Conference Call
S.C. Bar Foundation Board Meeting, Bar Building 


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


November 22
Alternative Dispute Resolution Commission Meeting, Conference Center

December 1
Community Association Law Committee Meeting, Bar Building

December 2
Dispute Resolution 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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