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April 5, 2012

April 04, 2012

Welcome to the South Carolina Bar's E-Blast! 
April 5, 2012
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.

In case you missed it ...
The April issue of S.C. Bar News was distributed via e-mail last week. The current issue, as well as a PDF version and description of tips and features, is available on the Bar's website at
www.scbar.org/barnews. Be sure to check out this issue for an important notice about your information in the Lawyers Desk Book, news on the Young Lawyers Division’s latest success with the Cinderella Project, and to learn what’s new for Casemaker legal research. Don’t miss it!

Administrative suspensions for failure to pay license fees
The Court has posted in the Advance Sheets those Bar members administratively suspended pursuant to Rule 419. Click
here to view the list.

Applications for specialization certification
The Commission on CLE and Specialization will be accepting 2012 applications for specialization certification through May 31. Specialization may be acquired in the following fields of practice: bankruptcy and debtor-creditor law; employment and labor law; estate planning and probate law; and taxation law. Applications for certification can be found on the
Commission’s website. Questions should be directed to the Commission at (803) 799-5578 or commcle@bellsouth.net.

Hop on over to an April event
You're invited to attend any of the great community education events and activities throughout the state during April, brought to you by
S.C. Bar Foundation grantees. Participate in one of two Ask-A-Lawyer telephone banks/web chats, attend an heirs’ property informational session or learn about becoming a CASA guardian at its Quarterback Cookout. The full list of events can be found here. For more information, interested parties should follow up with the event host listed. The Foundation is the only statewide entity that funds the advancement of justice by improving access, education and accountability. Please join us.

Advance Sheet update
April 4, 2012
The S.C. Supreme Court reversed the Court of Appeals’ revocation of the petitioner’s liquor license. At issue was the definition of a bona fide guest within the meaning of Regulation 7-401.4(K). The Court held that, based upon the plain meaning of the regulation, the SLED agent who attempted to gain access to the petitioner’s private club was a bona fide guest and thus denied the Department of Revenue’s request to revoke the petitioner’s liquor license.
SCDOR v. Blue Moon, No. 27106, is available
online.
Justice Kittredge dissented in a separate opinion in which Chief Justice Toal concurred.

In this case of first impression arising from a general contractor’s liability for construction defects, the Court held that a member of a limited liability company (LLC) can be held personally liable for negligent acts committed while working for the LLC of which he was a member. The Court stated that, based upon the General Assembly’s intent, the Uniform Limited Liability Act does not shield the member from personal liability from his own torts.
16 Jade Street v. R. Design Construction, No. 27107, is available
online.
Justice Beatty concurred in part and dissented in part in a separate opinion in which Chief Justice Toal concurred.

Rejecting the appellant’s argument that the statute regarding criminal solicitation of a minor is unconstitutional, the Court affirmed the appellant’s convictions for criminal solicitation of a minor and attempted criminal sexual conduct (CSC) with a minor in the second degree. The Court determined the statute is narrowly tailored to achieve a compelling state interest and is not vague. The Court also found that an actual minor was not required for the prosecution of CSC, affirming the denial of the appellant’s motion to dismiss, and since the appellant showed specific intent for attempted CSC, the trial judge properly denied his motion for a directed verdict. Further, the Court held that photos of the appellant’s genitals were properly admitted and were not prejudicial. Finally, the Court found the trial judge properly declined to charge the appellant with the lesser-included offense of attempted assault and battery of a high and aggravated nature.
State v. Green, No. 27108, is available
online.

The Court reversed the post-conviction relief (PCR) proceeding’s ruling that the magistrate court did not have subject-matter jurisdiction in this simple possession of marijuana case. The Court held that the PCR judge wrongfully relied on a precedent case to vacate the respondent’s conviction, as a proceeding in summary court is not a nullity if commenced without the issuance of warrant.
Bayly v. State, No. 27109, is available
online.

The Court affirmed the appellant’s conviction of possession of a firearm during the commission of the crime of trafficking in marijuana. The Court found that a nexus between firearm possession and drug trafficking is required for the crime of possession of a firearm during the commission of a crime and that a factual finding based upon a witness’s statement established such a nexus in this case.
State v. Whitesides, No. 27110, is available
online.

In this case arising from a hearing on whether to renew a teacher’s employment contract, the Court reversed the Charleston County School Board’s decision not to renew the contract. Because a quorum of the Board did not make a meaningful review of the evidence and testimony presented at the dismissal hearing, the procedure violated the teacher’s due process rights. The Court remanded the case for proceedings that are consistent with statutory and constitutional prescriptions.
Young v. Charleston County School District, No. 27111, is available
online.
Justice Pleicones dissented in a separate opinion in which Justice Kittredge concurred.

Member resignations
By orders of April 4 the Court accepted the resignations from the Bar of Frank C. McCrystal, Dennis W. Olley and Jeffrey D. Zenter.

Firm announcements
J. Louis Cote III announces the opening of The Cote Law Firm, LLC located at 2120 Sea Mountain Hwy., Ste 2102, N. Myrtle Beach 29582. (843) 608-8389.

Tom Falls announces the relocation of J. Thomas Falls Jr., Attorney, LLC to 1801 Gadsden St., Ste. B, Columbia 29201. (803) 799-9900.


Harris & Huge, LLC announces its relocation to 180 Spring St., Charleston 29403. (843) 805-8031.

Brian P. Johnson announces the opening of The Law Office of Brian P. Johnson, LLC located at 522 N. Church St., Greenville 29601. (864) 331-1630.

The Law Offices of Catherine West Olivetti, LLC announces that its name is now West Olivetti, LLC located at 23A Shelter Cove Ln., Hilton Head Island 29928. (843) 341-9260.

Todd & Johnson, LLP announces that Arthur E. White III has joined the firm located at 609 Sims Ave., Columbia 29205. (803) 252-1500.

Calendar 
April 10
LRE Awards Subcommittee Meeting, Bar Building
Tax Law Section Council Meeting, Conference Call

April 11

Pro Bono Committee Meeting, Bar Building

April 12
Board of Governors Meeting, Bar Building
Corporate, Banking and Securities Law Section Council Meeting, Conference Call

April 13
Mock Trial Evaluation Meeting, Bar Building
Practice and Procedure Committee Meeting, Conference Center

April 18
Employment and Labor Law Section Selection Committee Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Bar Building

April 19
Family Law Section Council Meeting, Bar Building

April 20
Elder Law Committee Meeting, Bar Building
LRE Mock Trial Subcommittee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Bar Building

April 27
Law Related Education Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building

May 3
Board of Governors Meeting, Bar Building
House of Delegates Meeting and Swearing-In of New Officers, Conference Center

May 8
Health Care Law 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. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.

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