January 17, 2013
January 15, 2013
Welcome to the South Carolina Bar's E-Blast!
January 17, 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.
Board members elected
No petitions were received seeking an officer, Board member or delegate seat. Therefore, the nominees presented by the Bar's Nominating Committee have been elected. Those nominated were J. Calhoun Watson of Columbia for President-Elect; Anne S. Ellefson of Greenville for Treasurer; Leah B. Moody of Rock Hill for Secretary; R. Scott Dover of Pickens, J. Preston Strom of Columbia and Julie Jeffords Moose of Florence for Board seats; and Fred W. Suggs Jr. of Greenville for ABA State Bar Delegate. Automatically succeeding to the office of President will be Alice F. Paylor of Charleston.
House of Delegates to meet
The House of Delegates will meet in conjunction with the Bar Convention on Thursday, Jan. 24, in Myrtle Beach. The meeting agenda and materials can be found here. If you have comments or concerns about any of the agenda items, please contact your local House of Delegates representative, listed on page five of the Lawyers Desk Book.
Notice to purchasers of S.C. Requests to Charge—Criminal, Second Edition
The S.C. Supreme Court's Jan. 16 decision in State v. Cheeks (summary below) impacts the drug charges listed in S.C. Requests to Charge—Criminal, Second Edition. The “strong evidence” charge is no longer permissible in S.C. drug law. Please keep this in mind when reviewing.
Pro bono opportunity in business law
The Service Corps of Retired Executives (SCORE) is seeking volunteer lawyers experienced in business law; a special invitation is extended to semi-retired or retired lawyers. SCORE is a nonprofit association with 389 chapters nationwide and is a resource partner with the U.S. Small Business Administration. Volunteers provide counseling, mentoring and training to the small business community. Currently, there is an urgent need for volunteers in the downtown Columbia office (930 Richland St., 29201). For additional information on becoming a SCORE pro bono volunteer, contact Rose Dean at (803) 799-6653, ext. 164 or firstname.lastname@example.org.
Volunteers needed in Hartsville and Myrtle Beach
The weekend of the Bar Convention provides an excellent service opportunity for S.C. attorneys! The YLD Habitat for Humanity Wills Clinic Committee is seeking volunteers to help provide free wills for Habitat for Humanity homeowners on Saturday, Jan. 26, at two locations. For those attorneys participating in the Convention, we are holding a clinic at 1 p.m. at the Horry County Habitat offices. The clinic has been conveniently scheduled during a break in Convention activities to give attendees a chance to participate. Another wills clinic will be in Hartsville at the Habitat Restore. No wills experience is necessary; training and forms will be provided. To volunteer and for further information, please contact Jennifer Ashburn at email@example.com or (803) 708-7445.
Application period open for Rule 608 criminal conflict contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in criminal conflict cases are invited to submit an application for consideration. This notice pertains to all 46 counties in the state. The link for the application and other important information about the contract program is located on the home page of the SCCID website. All applications must be received by 5 p.m. on Jan. 31 to be considered. Questions regarding the application process should be directed to SCCID at (803) 734-1338.
Application period extended for Rule 608 civil contract case contracts
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 following 20 counties not previously noticed in September: Abbeville, Allendale, Beaufort, Calhoun, Charleston, Chester, Clarendon, Edgefield, Fairfield, Florence, Georgetown, Greenville, Hampton, Kershaw, McCormick, Orangeburg, Richland, Saluda, Union and York. 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 no later than 5 p.m. on Jan. 23. Questions regarding the application process should be directed to SCCID at (803) 734-1338.
Volunteers needed for Moot Court competition
The Charleston School of Law is seeking volunteers to serve as judges for the 2013 Charleston School of Law National Moot Court Competition Feb. 8-9. To sign up, click here and enter the password "mootcourt."
Need a speaker? Your Bar Foundation can help!
Interested in hearing more heartbeat stories about the lives changed in our state through a Foundation grantee? Need a speaker for your upcoming event or meeting? We’d love to help! Contact Shannon Willis Scruggs for more information. Help us so we can help them.
Interested in becoming an author?
All Bar members attending the Convention are invited to gather in the Marriott Resort's Osprey Room on Jan. 26 from 1:30 to 3 p.m. for a seminar that encourages you to explore your writing abilities and create the great American novel or a work of non-fiction. Bert Goolsby, formerly of the S.C. Court of Appeals, will be on hand to answer questions and distribute three of his publications to interested parties: Ever Thought of Self-Publishing?, Group Therapy: Meet the Ink Plots and Twintea-Won Rulse Witch Might Help You Rite Gooder.
Advance Sheet update
January 16, 2013
The S.C. Supreme Court held that, since South Carolina only permits unconditional guilty pleas, Rice, by pleading guilty and not presenting a jurisdictional claim, waived his right to assert a claim based on Apprendi v. New Jersey, 530 U.S. 466 (2000). The Court found that, irrespective of the waiver, Rice’s claim would have failed on the merits because Apprendi is inapplicable to a family court juvenile waiver hearing as the decision to waive a juvenile to general sessions court in no manner determines the juvenile's guilt, innocence or punishment, only the forum in which the case is to be tried.
State v. Rice, No. 27210, is available online.
Justice Pleicones concurred in part and dissented in part in a separate opinion.
On appeal, Cheeks contends the trial court erred in failing to find a search warrant defective and in giving an improper jury instruction. The Court found no merit in the warrant issue and held that a judge can consider an affidavit accompanying a search warrant for purposes of satisfying the Fourth Amendment. With regard to the improper jury instruction, the Court overruled Solomon v. State, 313 S.C. 526, 443 S.E.2d 540 (1994), and held that a jury charge that “actual knowledge of the possession of drugs is strong evidence of intent to control its disposition or use” improperly weighs the evidence and largely negates the mere presence charge. The Court affirmed Cheeks’ convictions upon finding he was not prejudiced by the erroneous charge.
State v. Cheeks, No. 27211, is available online.
By order of January 16, the Court publicly reprimanded Charles V.B. Cushman for misconduct including engaging in an unauthorized diversion program while a city prosecutor. The Court lifted Mr. Cushman’s interim suspension.
Ryan E. Butler and Andrew W. College announce the opening of Butler & College, LLC with offices in Summerville, W. Ashley and Mt. Pleasant. The main office is located at 501 Belle Hall Pkwy., Ste. 101, Mt. Pleasant 29464. (843) 284-8676.
Collins & Lacy, PC announces that Jon Ozmint has been appointed a voting shareholder and Aisha Taylor has been elected a shareholder in the Columbia office located at 1330 Lady St., 6th Floor, 29201, (803) 256-2660, and Mike Pitts has been appointed a voting shareholder in the Greenville office located at 37 Villa Rd., Ste. 500, 29615, (864) 282-9100.
Leinster Law Firm announces that William L. Glenn has joined the firm as an associate located at 135 S. Main St., Ste. 301, Greenville 29601. (864) 232-3541.
McCullough Khan, LLC announces that Ross A. Appel has joined the firm as an associate located at 68½ Queen St., Charleston 29401. (843) 937-0400.
Ogletree, Deakins, Nash, Smoak & Stewart, PC announces that Daniel T. Sulton has been elected a shareholder in the Greenville office located at 300 N. Main St., 29601. (864) 271-1300.
Ethics Advisory Committee Meeting, Bar Building
Lawyers Helping Lawyers Training, Bar Building
Board of Governors Meeting, Myrtle Beach
House of Delegates Meeting, Myrtle Beach
Memory Hold the Door Ceremony, Myrtle Beach
Practice and Procedure Committee Meeting, Bar Building
Military and Veterans' Law Section Council Meeting, Bar Building
Elder Law Committee Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
Ethics Advisory Committee Meeting, Bar Building
Workers' Compensation Section Council Meeting, Conference Call
Board of Governors Meeting, Kiawah Island
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.