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December 20, 2012

December 19, 2012

Welcome to the South Carolina Bar's E-Blast! 
December 20, 2012
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.

Bar offices closed
The Bar offices will be closed Dec. 24-25 for the holiday. E-Blast will resume on Dec. 27. Happy holidays!

Deadline approaching in Rule 608 civil case contract application period
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in civil matters (post conviction relief and sexually violent predator actions included) are invited to submit applications for consideration. This notice is for contracts in the 20 counties not previously noticed in September. The link for the application and other documents concerning the civil case contract program is located on the home page of the 
SCCID website. Please note some changes have been made to the contract language concerning the amount of malpractice coverage required. All applications must be completed and received by SCCID no later than 5 p.m. on Dec. 26. Questions regarding the application process should be directed to the commission at (803) 734-1343.

Notice to all attorneys registered in the SCCID system
The SCCID website (
sccid.sc.gov) will be down for maintenance from Dec. 28, 2012, through Jan. 1, 2013. Vouchers cannot be entered, viewed or processed during this time. Please submit all year-end vouchers prior to Dec. 27.

S.C. Commission on Indigent Defense seeks candidates
Candidates seeking to apply for a four-year term as the Circuit Public Defender for the Sixth Judicial Circuit should go to 
www.jobs.sc.gov to complete on online application and receive further details. Contact Hugh Ryan at (803) 734-1338 with questions.

The perfect holiday gift: Recognize your mentor with a tribute
Whether you’re a lawyer, judge or professor of law, your mentor helped guide you to a position within the profession. The S.C. Bar Foundation provides the opportunity to say thank you with our tribute gifts program. Let everyone know how much your mentor has impacted your career by honoring him or her today, or memorializing them tomorrow. Tribute gifts are recognized in the Foundation Brief and S.C. Bar News. In addition, the family members of those honored receive a letter from the Foundation. Visit our giving page for more information. To receive credit in 2012 for IRS purposes, your gift should be received or postmarked by Dec. 31. Want a quicker method? Make a gift online and indicate the name of the honoree.

Advance Sheet update
December 19, 2012
The S.C. Supreme Court granted the state's petition for a writ of certiorari to review the Court of Appeals’ decision in State v. Brown, 389 S.C. 473, 698 S.E.2d 811 (Ct. App. 2010), and reversed, reinstating Brown’s conviction and sentence. The Court found the Court of Appeals properly applied Arizona v. Gant, 556 U.S. 332 (2009), and found the warrantless police search that led to Brown's arrest was illegal. However, pursuant to Davis v. United States, 131 S. Ct. 2419 (2011), because Brown’s arrest and the police search occurred when New York v. Belton, 453 U.S. 454 (1981), was still the prevailing appellate precedent, the exclusionary rule is not applicable to this case and the trial court properly denied Brown’s motion to suppress.
State v. Brown, No. 27202, is available online.

The Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Wallace, 392 S.C. 47, 707 S.E.2d 451 (Ct. App. 2011). The Court dismissed the writ as improvidently granted.
State v. Wallace, No. 27203, is available online.

The S.C. Court of Appeals affirmed the trial court’s decision that an ambulance in route to a structure fire does not constitute engaging in “fire protection” pursuant to Section 15-78-60(6) of the S.C. Tort Claims Act. The court held that by including police and fire protection as exceptions to the state’s waiver of immunity, but not specifically listing emergency medical services, the legislature did not intend to include emergency medical services as an exception.
Curiel v. Hampton County E.M.S., No. 5065, is available online.

In this appeal of a master-in-equity’s order, the court reversed the master’s finding that the 30-foot easement was abandoned and affirmed: the master’s determination that only the 1.25 acre tract was appurtenant to the 50-foot easement; the master’s decision to allow the Rhetts to use the 50-foot easement to access 5.97 acres of their property but not the remainder of the 28 acres; and the master’s determination that the Rhetts were not entitled to attorney’s fees.
Rhett v. Gray, No. 5066, is available online.
Judge Pieper concurred in part and dissented in part in a separate opinion.

In memoriam
William M. Brice Jr., 84, of York died December 7. His obituary can be found
here.

Firm announcements
Ellis, Lawhorne & Sims, PA
announces that Jonathan P. “JP” Lee has been named shareholder in the firm located at 1501 Main St., 5th Floor, Columbia 29201. (803) 254-4190.

Finkel Law Firm announces that William R. Padget has become partner in the Columbia office located at 1201 Main St., Ste. 1800, 29201. (803) 765-2935.

Nelson Mullins Riley & Scarborough, LLP
announces that Bob Calamari has rejoined the Myrtle Beach office as partner located at 3751 Robert M. Grissom Pkwy., Ste. 300, 29577. (843) 448-3500.

Calendar
December 21
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

January 4
South Carolina Lawyer Editorial Board Meeting, Conference Center

January 7
Administrative and Regulatory Law Committee Meeting, Bar Building

January 8
Health Care Law Section Council Meeting, Conference Call

January 9
Unauthorized Practice of Law Committee Meeting, Bar Building

January 10
We the People: The Citizen and the Constitution Competition

January 11
Elder Law Committee Meeting, Bar Building

January 18
Ethics Advisory Committee Meeting, Bar Building

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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