February 27, 2014
February 25, 2014
Welcome to the South Carolina Bar's E-Blast!
February 27, 2014
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.
Electronic ballots for House of Delegates elections
Electronic ballots have been distributed for delegates to the House of Delegates in the 1st, 5th, 7th, 9th and 15th Circuits as well as for the Out of State Delegate. Ballots were sent to e-mail address on file with the Attorney Information System in the early morning hours of Friday, Feb. 21, from email@example.com. If your address on file is in one of these circuits or is out of state and you did not receive a ballot, please check your spam filter and junk folder. If after checking you still do not have a ballot, contact Tara Caine at firstname.lastname@example.org and your ballot will be resent. Ballots must be submitted by 5 p.m. on Monday, March 17.
High School Mock Trial Regional Competition results
The 2014 High School Mock Trial Regional Competitions were held Saturday, Feb. 22. Congratulations to Blythewood High School; Bob Jones Academy, Team A (Greenville); Fort Dorchester High School (N. Charleston); Lexington High School; Montessori School of Anderson; Myrtle Beach High School; N. Myrtle Beach High School, Team A (Little River); River Bluff High School (Lexington); Socastee High School (Myrtle Beach); Strom Thurmond High School, Team A (Johnston); Wade Hampton High School (Greenville); and Wando High School, Team A (Mt. Pleasant). Students will compete in the State Competition March 7-8 at the Matthew J. Perry Jr. Federal Courthouse in Columbia. Read the complete press release online.
Compliance reporting deadline approaching
Pursuant to Rule 408, SCACR, attorneys must file their 2013-2014 compliance reports with the Supreme Court Commission on CLE and Specialization on or before March 1, 2014. Reports are considered to be timely filed if they are received or postmarked by Monday, March 3; reports postmarked after March 3 must include a late fee. Nearly 50 percent of Bar members have not yet filed their reports and established compliance with the mandatory CLE requirements. Compliance reports showing sufficient credit hours, along with the filing fee, should be mailed to the Commission at P.O. Box 2138, Columbia, SC 29202. Compliance reports and fees may also be hand-delivered (or overnighted) to the Commission’s office located at 950 Taylor St., Ste. 120, Columbia 29201. Questions should be directed to the Commission at (803) 799-5578 or email@example.com.
Tickets–check! Hotel–check! Get ready for Gala 2014
Need local (and comfortable!) accommodations for Gala 2014 on March 21? The Bar Foundation has special block rates with the Columbia Marriott, the Hampton Inn Columbia Historic District and the Hilton Columbia Center. Block rates for all three locations will expire March 10. Click here for rates, conference codes and contact information. And don’t forget to reserve your spot at the Gala. Place your order online or call (803) 765-0517.
Advance Sheet update
February 26, 2014
Robinson appealed his conviction for armed robbery and possession of a firearm during the commission of a violent crime. The S.C. Supreme Court affirmed, holding the trial court did not err in finding the police had a reasonable, articulable suspicion to stop him and a valid exception to the warrant requirement to search the vehicle in which he was a passenger.
Robinson v. State, Op. No. 27357 (S.C. Sup. Ct. filed February 26, 2014) (Shearouse Adv. Sh. No. 8 at 27), is available online.
Justice Pleicones concurred in a separate opinion in which Justice Beatty concurred.
In this criminal appeal, the Court affirmed Middleton’s convictions and sentences, finding that although the trial court erred when it refused to charge the jury on a lesser included offense of assault and battery, the error was harmless because the erroneous instruction did not contribute to the verdict beyond a reasonable doubt.
State v. Middleton, Op. No. 27358 (S.C. Sup. Ct. filed February 26, 2014) (Shearouse Adv. Sh. No. 8 at 45), is available online.
Justice Pleicones dissented in a separate opinion.
In this mortgage foreclosure action, the Court affirmed the portion of the judgment finding the jury trial waivers were executed knowingly and voluntarily. The Court reversed the finding that the outrageous and unforeseeable torts exception to arbitration applies in the jury trial waiver context, and found instead the respondents waived their right to a jury trial on all of their counterclaims. Because the issue of jury trial waiver has not arisen in subsequent cases involving this analytical framework, the Court took the opportunity to modify the proper analysis for determining the trial of legal and equitable issues in complaints and counterclaims.
Wachovia Bank v. Blackburn, Op. No. 27359 (S.C. Sup. Ct. filed February 26, 2014) (Shearouse Adv. Sh. No. 8 at 53), is available online.
The Court held Beach First National Bank's (Bank) failure to present a timely claim under the nonclaim statute barred its right to recover the deficiency judgment from the estate. Had Bank timely presented a claim, it could have assumed its position as a general creditor to seek recovery against the estate’s remaining assets. Accordingly, the Court reversed the order of the circuit court.
Beach First National Bank v. The Estate of Gurnham, Op. No. 27360 (S.C. Sup. Ct. filed February 26, 2014) (Shearouse Adv. Sh. No. 8 at 64), is available online.
Griffith, Sadler & Sharp, PA announces that Michael D. Freeman has been named a partner in the firm located at 600 Monson St., Beaufort 29902. (843) 521-4242.
Brian R. Murphy announces the opening of the Law Office of Brian R. Murphy, LLC located at 1201 Carolina Place Dr., Ste. 103, Ft. Mill 29708. (803) 548-0321.
S.C. Bar Foundation Board Meeting, Conference Center
Professional Responsibility Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
Administrative and Regulatory Law Committee Meeting, Bar Building
Free legal clinic: End of Life Issues (Spartanburg)
Community Association Law Committee Meeting, Bar Building
ADR Commission Meeting, Conference Center
Animal Law Committee Meeting, Conference Call
Education Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
Senior Lawyers Division Retreat, Mills House (Charleston)
Free legal clinic: Criminal Law Issues (Pacolet)
Free legal clinic: Magistrate Court Issues (Lyman); Wills, Estate and Probate (Myrtle Beach)
Health Care Law Section Council Meeting, Conference Call
Real Estate Practices Section Council Meeting, Conference Call
Elder Law Committee Meeting, Bar Building
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.