Hurricane season is here! Tropical Storm Claudette is likely to form Friday in the Gulf of Mexico. In an effort to prepare for this season and beyond, the SC Bar’s Pro Bono Program and Young Lawyers Division will offer a free CLE on disaster legal services on June 30.This course (6 hours MCLE credit) will equip you with the right information and tools to help South Carolinians in need following a disaster, including instruction on the FEMA process and common legal issues disaster survivors face with employment, housing, insurance, and scams. Register here.
Beware of email scams claiming to be LRS referrals
Read your inbox messages with a close eye as there currently are email scams circulating reporting to be potential clients referred from the SC Bar Lawyer Referral Service(LRS). Please note that each time the South Carolina Bar LRS makes a referral, an email is automatically generated and sent to the attorney so the member can be prepared for contact ahead of time. Also, we do not refer any potential clients to Bar members who have not applied to participate in the service.
Sign up now! Limited seating
Mark your calendar now for an exciting day-long program that will delve into the history and impact of the 19th Amendment. The South Carolina Bar, American Bar Association Judicial Division, and University of South Carolina School of Law will present "The Complex and Courageous Campaign for Women's Suffrage and Parity in Our Democracy: Celebrating the 100th Anniversary of the 19th Amendment," from 9 a.m. to 5 p.m. Friday, July 16.
Some of the speakers include historian and author Marjorie Spruill, journalist and author Tina Cassidy, retired S.C. Supreme Court Chief Justice Jean Toal, and Howard University Law School Dean Danielle Holly-Walker. Moderators include Judge J. Michelle Childs and Judge James E. Lockemy.
The event will be held at the Karen Williams Courtroom at the University of South Carolina School of Law with 6.33 MCLE credit hours available. This program will be available in-person and via live webcast. Register for the in-person eventhere, and the webcast versionhere. If you plan to attend in-person at the UofSC School of Law, seating is limited, as we will be following guidelines for social distancing and masking set by UofSC, so be sure to registerearly!
Court updates on operations
The South Carolina Supreme Court released an amendedorderon June 15 regarding trial court operations in the COVID-19 emergency. It includes updated information on the newly extended expiration date. Read the fullorderand make sure to check out the SC Bar's COVID-19 resource pagefor this and other court updates. Recent updates from the U.S. District Court for the District of South Carolina and U.S. Court of Appeals or the Fourth Circuit have been added.
Get involved in 2021-2022
It’s that time of year to sign up for a committee with the South Carolina Bar. The Next Gen Committee recently asked committee chairs throughout the Bar to share a few words via video about their respective groups and why members should get involved. Check out the above video featuring Teckla S. Henderson and the Diversity Committee.
All members are invited to volunteer their expertise, time and talents to benefit the SC Bar, the legal profession and the communities we serve. Learn more and sign up to serve in 2021-22 by visiting www.scbar.org/getinvolvedand be sure to watch out for more videos spotlighting different committees each week.
YLD Tee Party networking event
The Young Lawyers Division 15th Circuit is hosting a networking event called "Tee Party" from 5:30 to 8:30 p.m. Thursday, June 24 at the Top Golf in Myrtle Beach. YLD members are invited to come out and mingle with their peers for a night of golf and fun. Food and beverages will be provided. RSVP to Shauna Gibson by today, June 17, by texting (843) 429-1154 or emailingsgibson@butlerlaw.net.
Your summer CLEs are here
Kick off your summer with these sizzling CLEs offered by the SC Bar CLE Division. Upcoming programs include:
Looking for a "different" CLE opportunity? Here's your chance. Travel to Santa Fe, known as "The City Different" for the2021 Balloon Fiesta CLE conference, fromOctober 1-6. "Uncover your different in the City Different" with legendary history and culture around every corner. Attend the Mass Ascension at the Albuquerque Balloon Fiesta, visit the Taos Pueblo and take a walking tour of beautiful Santa Fe all while earning 12 MCLE credit hours.Learn more and register here.
New on-demand programs
On-demand courses are a convenient option for SC Bar members to fully meet their 2021-2022 MCLE requirements. Explore these programs below:
ADVANCE SHEET UPDATES June 16, 2021 Supreme Court Opinions
A Cottageville police officer shot and killed the former town Mayor. A federal jury awarded $97,500,000 in damages. The South Carolina Municipal Insurance and Risk Financing Fund, which insured the town, paid $10,000,000 to settle the federal lawsuit and two pending lawsuits. The Settlement Agreement provided for two questions to be submitted to the state courts. The first question is whether the amount of indemnity coverage available under the policy is more than $1,000,000. The second question is whether the South Carolina Tort Claims Act applies to a bad faith action against the Fund. The Court answered the first question "yes" and declined to answer the second question.
Reeves v. South Carolina Municipal Insurance, Op. No. 28034 (S.C. Sup. Ct. filed June 16, 2021) (Shearouse Adv. Sh. No. 20 at 31) is availableonline.
Justice Kittredge concurred in result in a separate opinion.The Court granted Owens' petition for a writ of certiorari to review the court of appeals' decision in State v. Owens, 427 S.C. 325, 831 S.E.2d 126 (Ct. App. 2019). The Court agreed with the court of appeals that the trial court's charge adequately instructed the jury on proximate cause. As a result, the Court affirmed the decision of the court of appeals.
State v. Owens, Op. No. 28035 (S.C. Sup. Ct. filed June 16, 2021) (Shearouse Adv. Sh. No. 20 at 51) is available online.In this appeal, several Summerville residents and public interest groups ask the Court to invalidate approval granted by the Town of Summerville Board of Architectural Review for construction of a proposed development project. At some point during Petitioners' appeal of the Board's decision, Applegate & Co. decided not to go forward with the Project. Since there remained no actual controversy for the Court to decide, the Court vacated the court of appeals' decision and dismissed Petitioners' appeal as moot.
Croft v. Town of Summerville, Op. No. 28036 (S.C. Sup. Ct. filed June 16, 2021) (Shearouse Adv. Sh. No. 20 at 54) is available online.
Court of Appeals Opinions
In this appeal arising from Appellant’s sentence of fifty-five years' imprisonment for the murder, the court affirmed Appellant’s sentence and conviction. The court found the trial court did not err in its sentencing procedure. The record shows the trial court held an individualized sentencing hearing in which both the State and Appellant were able to present arguments regarding Appellant’s juvenility. In addition, the court found the trial court did not err in finding Appellant voluntarily waived his Miranda rights based on the totality of the circumstances. First, although Appellant was fifteen years old when he murdered Victim and when he confessed, youth alone is insufficient to prove the involuntariness of a defendant's confession. Second, although Appellant had a low I.Q., the record indicates that he was streetwise and knew how to conduct himself in front of police officers. Third, although Appellant was questioned twice by three different officers and was not re-Mirandized before his second interrogation, the length of both interrogations was not prolonged, and the amount of time between the first and second interrogation was minimal. Fourth, the interrogation tactics Agents Johnson and Merrell used against Appellant were not forceful enough to overbear Appellant’s will in light of the surrounding circumstances. Finally, the court found the officers interrogating Appellant without a parent present was not sufficient to render his waiver of rights involuntary.
State v. Miller, Op. No. 5824 (S.C. Ct. App. filed June 16, 2021) (Shearouse Adv. Sh. No. 20 at 61) is available online.In this appeal arising from Appellant’s conviction for first-degree criminal sexual conduct (CSC) with a minor, second-degree CSC with a minor, two counts of third-degree CSC, and sentence of life imprisonment, the court affirmed in part, vacated in part, and remanded. The court affirmed the trial court's admission of Exhibits 22, 36, and 38 and the testimony regarding Victim's statements to law enforcement. However, the court vacated Appellant’s sentence for first-degree CSC with a minor and remanded for resentencing in accordance with this opinion.
State v. Heath, Op. No. 5825 (S.C. Ct. App. filed June 16, 2021) (Shearouse Adv. Sh. No. 20 at 79) is available online.
Announcements
Firm & hiring announcements
Alexandra J. Ginsburg has joined the Charleston office of Gallivan White Boyd located at 40 Calhoun St., Suite 315, 29401.
Duffy & Young, LLC announces that Matthew R. Hubbell has joined the firm located at 96 Broad St., Charleston 29401.
Richele Taylor has been named CEO of the South Carolina Medical Association located at 132 Westpark Blvd., Columbia, 29210.
In memoriam
Randolph Murdaugh, III, 81, of Varnville died June 10. His obituary is availableonline.
Upcoming Events
June 18
Ethics Advisory Committee Meeting
Animal Law Committee
Professional Responsibility Committee Meeting June 25
Conventions Committee June 30 SC Lawyer Editorial Board
Got an Announcement? Email Jamie Metz at jamie.metz@scbar.org
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