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December 5, 2013

December 04, 2013

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

In case you missed it ...
The December 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 news about Convention events and the upcoming registration deadline; nominees for Bar offices; license fee statements; Middle School Mock Trial regional winners; cool tech gifts for the holidays; upcoming CLE opportunities; and much more. Don't miss it!

Prefer to read South Carolina Lawyer online?
License fee statements have been mailed, and fees are due Jan. 1, 2014. This year's statement allows members to opt out of the printed South Carolina Lawyer and instead read it in digital format at
www.scbar.org/sclawyer. If you do not want to receive the print version, please check the opt-out box on your license fee statement. A link will be e-mailed to you when the new digital issue is available for viewing. Any member who does not opt out will continue to receive a printed copy.

2014 S.C. Bar Convention highlights
Join your fellow colleagues and members of the judiciary at this year’s Judicial/Legislative Reception at The Sanctuary at Kiawah Island.
Register today, and check out this week's Convention sponsor spotlight:


House legislation prefiled Dec. 3, 2013
Legislation to be considered during the 2014 Legislative Session was prefiled in the House of Representatives this week. A summary of those bills can be found online. Legislative monitoring services are provided by Bar staff to keep members abreast of proposed and pending legislation. In addition, legislative reports are regularly provided through section and committee listserves, via E-Blast and also on the Bar’s website. For more information on legislative program services or specific legislative matters, contact Kali Campbell Turner at (803) 576-3776 or kturner@scbar.org. Additional legislation will be prefiled on Dec. 10 (House and Senate) and Dec.17 (Senate).

Advance Sheet update
December 4, 2013
The S.C. Supreme Court granted certiorari to review the S.C. Court of Appeals’ decision in State v. Watkins, Op. No. 2011-UP-091 (S.C. Ct. App. filed March 8, 2011). The Court of Appeals, in its decision, adopted a rule requiring a trial judge to grant a recusal motion made during a new trial arising from a post-conviction relief hearing in which the judge also presided. The Court reversed the holding that created this rule; found no error in the trial judge’s denial of the respondent’s recusal request; determined there was no merit to Watkins’ Faretta argument under Rule 220(C)(1), SCACR; and ultimately reversed the decision of the Court of Appeals that reversed Watkins’ convictions. While the Court disagreed with the rule announced by the Court of Appeals, it emphasized that a criminal defendant may ask the judge who heard his PCR to recuse herself from the retrial of the matter for any reason for which recusal may be sought.
State v. Watkins, Op. No. 27334 (S.C. Sup. Ct. filed December 4, 2013) (Shearouse Adv. Sh. No. 51 at 14), is available online.

In this direct appeal, the Court affirmed Curry’s convictions and sentences for voluntary manslaughter and possession of a weapon during the commission of a violent crime. The Court determined the trial court did not abuse its discretion in denying Curry immunity under the Protection of Persons and Property Act, and that Curry was not prejudiced by the S.C. Code Section 16-11-440(c) jury instruction. The Court found Curry’s additional argument—that the trial court erred in failing to grant a new trial pursuant to the 13th juror doctrine—lacked merit and affirmed pursuant to Rule 220(b)(1), SCACR.
State v. Curry, Op. No. 27335 (S.C. Sup. Ct. filed December 4, 2013) (Shearouse Adv. Sh. No. 51 at 18), is available online
Justice Pleicones concurred in part and dissented in part in a separate opinion.

In memoriam
Cort Ray Flint Jr., 70, of Greenville died November 27. His obituary can be found
here.

Calendar
December 6-7
Middle School Mock Trial State Competition, Marc Westbrook Judicial Center

December 9
Administrative and Regulatory Law Committee Meeting, Bar Building

December 10
Construction Law Section Council Meeting, Conference Call

December 13
Dispute Resolution Section Council Meeting, Conference Call
Elder Law Committee Meeting, Conference Call
LRE Mock Trial Subcommittee Meeting, Conference Center
Professional Responsibility Meeting, Bar Building

December 18
Workers' Compensation Section Council Meeting, Conference Call

December 19
Family Law Section Council Meeting, Conference Call

December 20
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

January 3
South Carolina Lawyer Editorial Board Meeting, Conference Center

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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