South Carolina Bar's E-Blast                                                            
July 1, 2008

Welcome to the South Carolina Bar's E-Blast!
E-Blast highlights upcoming activities, legal information and links to the Bar's Web site at www.scbar.org.
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.





LRE Supreme Court Institute held last week
The Supreme Court Institute for social studies teachers, U.S. government/history teachers and school resource officers was held June 23-27 in Columbia  with complimentary meeting space provided by Nelson Mullins. Attendees learned how to bring South Carolina courts and the law to life for their students while interacting with educators, attorneys, judges and Supreme Court Justices. The week-long training included multiple panel discussions with judges representing various courts, a technology component working with various Web site resources, an opportunity to build lesson plans to bring back to the classroom and several tours. LRE would like to thank the Supreme Court, Chief Justice Toal, the Justices, Betsy Goodale,  Dan Shearouse, Richard M. Gergel, Professor Gregory B. Adams, Hon. Patrick M. Duffy, Hon. Jasper Cureton, Hon. James E. Lockemy, Hon. John M. Rucker, Hon. Bill Howard, Jay Bender, Salley Elliott, Sabrina Todd, Connie Breeden and Sarah D. Smith for making the Institute a great success!

Bar Foundation names officers
The Bar Foundation is pleased to announce the election of Frank B.B. Knowlton of Nelson Mullins Riley & Scarborough, LLP as President; George M. Hearn Jr. of Hearn Brittain and Martin, PA as President-Elect and Toyya Brawley Gray of The Law Offices of Toyya Brawley Gray, LLC as Secretary/Treasurer. John O. McDougall of McDougall & Self, LLP assumes the role of Immediate Past President. Susan S. Rosen of Rosen Law Firm, LLC in Charleston and Fred W. Suggs Jr. of Ogletree Deakins Nash Smoak & Stewart, PC in Greenville have joined the Board. For more information on the new officers and directors, watch for your next Foundation Brief. The Bar Foundation is the philanthropic arm of the Bar, awarding more than $41 million to legal related non-profit and philanthropic organizations.

What U Need 2 Know
The Bar is seeking members to participate in its July and August segments on the syndicated U Need 2 Know radio program, broadcast on WOIC 1230 AM in Columbia. No need for stage fright; the segment format is casual and conversational so the lay public can understand the issue you are discussing. No hard hitting news, no unexpected questions. To volunteer for the show, contact Jessica Peters at jpeters@scbar.org.

Calling Ask-A-Lawyer volunteers
The Pro Bono Program will sponsor several Ask-A-Lawyer events this fall via telephone banks and Web chats. They will be held in Florence and Myrtle Beach on September 17 at WBTW-TV, in Greenville on October 15 at WYFF-TV and in Charleston on November 19 at WCSC-TV. As a volunteer, you will be given an Ask-A-Lawyer reference book to assist you with answering the public's questions. You will also be covered under the Pro Bono Program's malpractice insurance while participating and will receive Pro Bono Program credit for your time. If you are willing to participate in the Ask-A-Lawyer events this fall, please e-mail or fax the volunteer form to Debbie R. Morris at (803) 799-5290.

Rules Advisory Committee added
By order of July 1, the Ad Hoc Civil Rules Committee is disbanded and, pursuant to Article V, Section 4A, of the South Carolina Constitution, the South Carolina Appellate Court Rules (SCACR) is amended to add Rule 609. To view the full text of the order, click here.

General sessions sentence sheet revised
By order of June 25 Form SCCA/217, General Sessions Sentence Sheet, bearing a revision date of 07/2008, is approved for use in the Circuit Courts of South Carolina and replaces SCCA 217, bearing a revision date of 10/2007.

Judgment in a civil case revised
By order of June 24 SCCA SCRCP Form 4, Judgment in a Civil Case, bearing a revision date of 06/2008, is approved for use in the Circuit Courts of South Carolina and replaces SCCA SCRCP Form 4, bearing a revision date of 12/2007. To view the full text of the order, click here.

Chief magistrates designated
By order of June 23 the judges of the magisterial courts listed here are designated as Chief Judge or Associate Chief Judge for administrative purposes of the summary courts in the counties in which they hold office.

Long-time bar examination monitor recognized
In an article dated March 24, The State newspaper recognized Nancy Self of West Columbia. Ms. Self, who is now 95 years of age, retired from teaching school at Rosewood Elementary School in 1977. Since her retirement, she served as a monitor for the administration of the bar examination until 2007. The Supreme Court of South Carolina has recognized Ms. Self for the many years of faithful service that she has provided to the Court and to the people of South Carolina.

Casemaker makes the case!
Since using Casemaker is so easy, maybe you've never looked at the handy online User Guide. But with so many options in the advanced search feature, don't you owe it to yourself to take a look? This concise, illustrated guide makes understanding how to conduct legal research using Casemaker a breeze. There is even a section with answers to frequently asked questions. To read or download the User Guide, click here. Questions? Please contact Courtney Kennaday at casemaker@scbar.org or (803) 799-6653, ext. 183. You can also call Lawriter toll free at 1-877-659-0801 from 8 a.m. to 8 p.m.

CJA Panel for Initial Appointment on Appeal
The Fourth Circuit recently adopted a new plan for the Composition and Administration of the CJA Appellate and Capital Appellate Panels. The plan is designed to establish a panel of skilled attorneys to accept new appellate appointments in cases in which the Court of Appeals has granted trial counsel's motion to be relieved from further representation. The Court's practice of appointing trial counsel to continue representation in the first instance remains in place, and trial counsel is not required to be a member of the new CJA Appellate Panel in order to continue representation on appeal. However, if trial counsel is permitted to withdraw, any new appointment on appeal will be made from the CJA Appellate Panel or from the Federal Public or Community Defenders. Click here to view the new Plan and Application for Panel Membership. They are also available on the Court's home page and on a new Appointed Counsel page available from the home page. The application period expires August 1, 2008. Should you have any questions about the Panel, please contact Lisa Hicks or Patricia Connor at (804) 916-2700.

Staff realignment
Two of our staff are changing responsibilities effective July 1. Barbara Brunson is the Public Services Director, and Jill Rothstein is the Risk Management Director.

Advance Sheet update
June 30, 2008
The Supreme Court reversed the grant of a directed verdict to Nationwide in this case involving the Loss Payable Clause in an automobile insurance policy. American Credit, the lienholder on the insured automobile, had repossessed the vehicle from Nationwide's insured and found the vehicle damaged; the insured had not used proceeds paid from an earlier accident to repair the car as directed. The Court stated that construing the Loss Payable Clause narrowly to exclude the insured's conduct as "conversion," and therefore barring American Credit's claim as a lienholder under the policy, was error. An exclusion in an insurance policy is to be construed strongly against the insurer, and Nationwide failed to define conversion to include the aforementioned facts.
Am. Credit v. Nationwide Mut. Ins. Co., No. 26509, is available online.
Justice Pleicones dissented in a separate opinion.

The Court affirmed a pre-trial circuit court order suppressing drugs found after Groome was stopped at a drivers' license checkpoint. The circuit judge's finding that the checkpoint violated City of Indianapolis v. Edmond, 531 U.S. 32 (2000), in that its primary purpose was general crime suppression rather than merely a license checkpoint was supported by the evidence. The record also supported the trial judge's secondary holding that the state's failure to produce any evidence on the second prong of the test in Brown v. Texas, 443 U.S. 47 (1979), rendered the checkpoint unconstitutional.
State v. Groome, No. 26510, is available online.
Chief Justice Toal dissented in a separate opinion.

The Court reversed in this appeal involving a carry-forward of the economic impact zone investment tax credit (EIZ credit), as  provided in S.C. Code Ann. Section 12-14-60. The trial court improperly found the carry-forward could be claimed by taxpayer SCANA in the 1997 tax year. Because the effective date of subsection (D) of Section 12-14-60 is ambiguous, statutory rules of construction must resolve the issue, and in cases involving a tax deduction, any ambiguity is resolved against the taxpayer. In this instance, the allowance of a tax credit is analogous to a tax deduction since both are a matter of legislative grace.
SCANA Corp. v. S.C. Dep't of Revenue, No. 26511, is available online.
Chief Justice Toal dissented in a separate opinion in which Justice Pleicones concurred.

The Court reversed in this declaratory judgment action involving an automobile accident and an automobile insurance policy.  The circuit erred in finding that Rollison was not a "guest" covered for purposes of uninsured motorist coverage under the terms of S.C. Code Ann. Section 38-77-30(7) when riding with the grandson of the named insured of the vehicle. Coverage as a "guest" is a fact-specific inquiry, and in this case, circumstances led Rollison to believe the grandson had permission to use the vehicle. The determination of whether a passenger qualifies as a "guest" under the  statute must be viewed from the passenger's perspective; to define "guest" otherwise would lead to an absurd result that would require a passenger to specifically inquire whether the driver either owned the vehicle or had permission from the named insured to drive the vehicle.
Auto Owners Ins. Co. v. Rollison, No. 26512, is available online.
Justice Pleicones dissented in a separate opinion.

The Court of Appeals reversed Leon's grant of relief in this PCR case. Leon failed to meet both prongs of the test set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984), for  proving ineffective assistance of counsel. In the context of a guilty plea, the latter Strickland prong requires that a defendant must show there is a reasonable probability, but for counsel's errors, that he would not have pleaded guilty and would have insisted on going to trial. Leon stated during the PCR hearing that he would not have changed his plea had someone further explained his rights and defenses, and therefore the PCR court erred in granting relief. 
Leon v. State, No. 4420, is available online.

The court affirmed the grant of summary judgment for the defendants on McLaughlin's claims for fraud and negligent misrepresentation in this case involving the purchase of a house with water damage. Among its grounds for affirming summary judgment, the court stated that McLaughlin could not rely on the Residential Property Disclosure Statement because the Home Inspection Report and CL-100 gave him knowledge contradicting the Disclosure Statement, on which the sellers had left blank or not explained certain items relating to water damage. 
McLaughlin v. Williams, No. 4421, is available online.

Discipline
By order of June 24 the Court placed David Arthur Braghirol on interim suspension. Jonathan M. Harvey is the trustee.

By order of June 27 the Court placed Ivan N. Walters on interim suspension. No trustee was named in the order.

Firm announcements
Tricia A. Blanchette announces the opening of Law Office of Tricia A. Blanchette, LLC located at 107 Oak Park Dr., Ste. B, Irmo 29063. (803) 781-4716. 

Paul E. Bowie III announces his law office has relocated to 25 Highland Terrace, Liberty 29657. (864) 843-2598.

Bret H. Davis announces that Sonia M. Raymond has become a shareholder in the Davis Law Firm, PA and that the firm name will change to Davis & Raymond, PA. The firm has relocated to 1110 London St., Ste. 201, Myrtle Beach 29577. (843) 839-9800.

Ellis & Winters, LLP announces that Gary Eichelberger has joined the firm as an associate in the firm's Cary, NC office located at 1100 Crescent Green Dr., Ste. 200, 27518. (919) 865-7000.

The Hughey Law Firm, LLC announces its relocation to 767 Coleman Blvd., Mt. Pleasant 29464. (843) 881-8644.
 
Kennedy Covington announces that is has merged with K&L Gates, LLP with an office located at 214 N. Tryon St., Charlotte, NC 28202. (704) 331-7400.

Merline & Meacham, PA announces that Douglas B. O'Neal has become an associate of the firm located at 812 E. North St., Greenville 29601. (864) 242-4080.

Nelson Mullins Riley & Scarborough, LLP announces that Karl S. "Butch" Bowers Jr., has returned to the firm located at 1320 Main St., Columbia 29201. (803) 799-2000.

Brandon W. Smith announces the opening of Smith Law located at 1111 Bay St., Beaufort 29902. (843) 379-8300.

Smith Debnam Narron Drake Saintsing & Myers, LLP announces that Richard J. Steele has joined the firm located at 4601 Six Forks Rd., Ste. 400, Raleigh 27609. (919) 250-2207.

In memoriam
Lynne McLees Ray, 61, of Greenville died on June 14. Her obituary can be found at The Greenville News Web site.
 
James Edward Chaffin Jr., 61, of West Columbia died on June 20. His obituary can be found at The State Web site.

Calendar
July 10
Board of Governors Meeting, Conference Call

July 11
ADR Section and Commission Meetings, Suggs & Kelly Law Center, Columbia

July 18
Ethics Advisory Committee Meeting, Suggs & Kelly Law Center, Columbia

July 25
Professional Responsibility Committee Meeting, Bar Building

Upcoming CLE opportunities
Publications - new release
The South Carolina Bankruptcy Practice Manual, Second Edition, by Jan M. Baker, C. Jennalyn Dalrymple and Lydia A. Eloff

For a complete listing of CLE publications, click here.

Featured live seminars
Bankruptcy Practice in the District of South Carolina, Friday, July 11
Faculty: Suzanne Grigg, Prof. Jeffrey Morris, David Wheeler, Prof. Sydney Beckman, Hon. John Waites, J. Timothy Stack, Joseph Buzhardt, Julie Smoak, Weyman Carter and Lex Rogerson.
The Horry-Georgetown-Myrtle Beach satellite site has been canceled.

Family Court Mediation Training, Thursday, July 17 to Monday, July 21
Faculty: Cotton Harness and Mary Bryan

For a complete listing of upcoming live CLE opportunities, view the CLE Calendar.

Teleseminars
Valuation Methodologies & Issues for Small & Medium Size Businesses, Tuesday, July 8

For a complete listing of upcoming teleseminars, visit www.scbar.org/teleseminars.  If you have any difficulty registering for these seminars, please e-mail service@webcredenza.com or call (800) 694-9747.

If you have any difficulty registering for a Webcast, please e-mail Matt Riley at mriley@scbar.org or call (803) 576-3818 or (800) 767-7787, ext. 118.

Seminars Direct Online is your one-stop online CLE portal, featuring a catalog of more than 100 Web-based on-demand seminars. To view the full catalog, visit www.scbar.org/seminarsdirect.