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April 29, 2014

April 25, 2014

Welcome to the South Carolina Bar's E-Blast! 
April 29, 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.

Sullivan named Young Lawyer of the Year
Columbia attorney Allison P. Sullivan has been named Young Lawyer of the Year by the S.C. Bar Young Lawyers Division. The annual Young Lawyer of the Year Award recognizes a young lawyer who most exemplifies excellence in practicing law and public service. She will be recognized during the Bar’s House of Delegates meeting on Thursday, May 8, at the S.C. Bar Conference Center in Columbia. View the complete press release online.

Early College High School and Northwood Middle School win Project Citizen 
Students from HCS Early College High School and Northwood Middle School have won the S.C. Bar Law Related Education 2014 Project Citizen Championship at their respective competition levels. View the complete release online.

PMAP Tech Tip
Security threat warnings. The Department of Homeland Security warns that computer users should stop using Microsoft Internet Explorer browser until Microsoft releases a patch. The bug affecting the IE browser could allow hackers to gain total access of your computers. If you do not already have another browser installed, download the latest version of Google Chrome or Firefox. Also, be sure to change your default browser settings if you had IE set as your default. To learn more about the security threat, read this Techlicious article. A second warning in the news affects users running Adobe Flash Player. To protect yourself, disable Flash Player or update to the latest version.

Administrative suspensions for failure to comply with CLE requirements
The S.C. Commission on CLE and Specialization has furnished
this list of lawyers who failed to file reports showing compliance with CLE requirements, or who failed to pay the filing fee or any penalty required for the report of compliance, for the reporting year ending in February 2014. Pursuant to Rule 419(d)(2), SCACR, these lawyers are suspended from the practice of law.

Interagency Protocol for defendants found not guilty by reason of insanity
By order of
April 24 the Court approved the Interagency Protocol for defendants found not guilty by reason of insanity for statewide use.

Breakfast, happy hour or both? Celebrate Midlands Gives with the Bar Foundation!
Just because Midlands Gives is an online giving challenge doesn’t mean you can’t celebrate in person! Celebrate Midlands Gives with the Bar Foundation on May 6 by enjoying breakfast at Sowell Gray from 8:30 to 10 a.m. or happy hour refreshments after work at the S.C. Bar Conference Center from 5 to 7 p.m. Giving stations will be set up at both events so you can help Magnify the Midlands. RSVP for breakfast or the happy hour on Facebook. Can’t make it to either event? Click here on May 6 to make your donation.

Advance Sheet update
April 23, 2014
The S.C. Court of Appeals affirmed an order from the trial court finding a judgment obtained in Missouri against Light-N-Up, LLC was a valid judgment that could be enforced in South Carolina. The court found the evidence supported the trial court’s determination that Missouri’s long arm statute conferred proper personal and subject matter jurisdiction over Light-N-Up to the Missouri court. Because this issue was dispositive, the court did not reach Light-N-Up’s remaining argument.
Digital Ally, Inc. v. Light-N-Up, LLC, Op. No. 5221 (S.C. Ct. App. filed April 23, 2014) (Shearouse Adv. Sh. No. 16 at 25), is available
online

Battle appealed his conviction for murder, asserting the trial court erred in refusing to charge the jury on involuntary manslaughter and in charging the jury that it could consider evidence of his flight in determining his guilt. The court found the trial court erred in refusing to charge involuntary manslaughter and that this error was not harmless beyond a reasonable doubt. The court, accordingly, reversed and remanded for a new trial.
State v. Battle, Op. No. 5222 (S.C. Ct. App. filed April 23, 2014) (Shearouse Adv. Sh. No. 16 at 32), is available
online

In this criminal appeal, the court found the confusing and questionable circumstances surrounding the jury verdict were such that it led to an ambiguous and uncertain verdict. After finding the matter was not harmless, the court reversed and remanded for a new trial.
Roberts v. State, Op. No. 5223 (S.C. Ct. App. filed April 23, 2014) (Shearouse Adv. Sh. No. 16 at 42), is available
online

The court found the search warrant at issue in this appeal was invalid because the sergeant did not give the issuing judge any information regarding the informant’s reliability. The court held without such information the affidavit did not provide the issuing judge a substantial basis for a finding of probable cause, and therefore, the evidence must be suppressed.
State v. Robinson, Op. No. 5224 (S.C. Ct. App. filed April 23, 2014) (Shearouse Adv. Sh. No. 16 at 53), is available
online

Hendricks appealed his convictions, asserting the trial court erred in admitting a recording of the victim’s mother’s 911 call in which the mother’s statement to the 911 operator repeated the victim’s statement of what Hendricks did to her. The court affirmed, finding the trial court correctly admitted the victim’s statement and, that while it erred in admitting the mother’s statement, Hendricks suffered no prejudice from the error.
State v. Hendricks, Op. No. 5225 (S.C. Ct. App. filed April 23, 2014) (Shearouse Adv. Sh. No. 16 at 62), is available
online

The court affirmed the circuit court’s finding that, when conducting a Horizontal-Gaze Nystagmus test, an individual’s head must be shown in the video recording in order for the sobriety test to be properly recorded under S.C. Code Ann. Sec. 56-5-2953(A). The court, however, vacated the circuit court’s finding that Gordon’s head was not visible in the recording and remanded the case to the magistrate court to make the necessary factual findings as it never made any regarding the visibility of Gordon’s head in the video.
State v. Gordon, Op. No. 5226 (S.C. Ct. App. filed April 23, 2014) (Shearouse Adv. Sh. No. 16 at 71), is available
online

Firm announcement
Harvey & Kulmala, LLC announces that Connor J. Parker has joined the firm as an associate located at 110 Main St., Barnwell 29812. (803) 259-5531.

Calendar
May 2
Lawyers Helping Lawyers Commission Meeting, Bar Building

May 5
Administrative and Regulatory Law Committee Meeting, Bar Building
Free legal clinics: Wills, Estate and Probate (Pacolet); Landlord/Tenant Law issues (Spartanburg)

May 8
Board of Governors Meeting, Conference Center
Community Association Law Committee Meeting, Bar Building
House of Delegates Meeting, Conference Center
Assembly, Conference Center
Swearing In of New Officers, Conference Center
New Bar President Reception, Sowell Gray Stepp & Laffitte (Columbia)

May 9
Elder Law Committee Meeting, Conference Center
International Law Committee Meeting, Conference Call

May 12
Free legal clinics: Adoption Law Issues (Spartanburg); End of Life Issues (Woodruff)

May 13
Free legal clinics: Elder Law Issues (Columbia); Real Estate Issues and Foreclosures (Myrtle Beach)

May 14
Real Estate Section Council, 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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