South Carolina Lawyers Weekly articles from March 2003

South Carolina Lawyers Weekly archives from March 2003

S.C. Supreme Court Upholds Support For Man's Mentally Disabled Adult Daughter.
March 3, 2003... Byline: Gregory Froom A Greenville County Family Court judge could order a father to pay child support for his disabled adult daughter -- even though her disability wasn't diagnosed until she was 20 and he already had cut off support, the...

S.C. Court of Appeals Unpublished Case Summaries: March 3, 2003.
March 3, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Criminal Sexual Conduct - Juror Misconduct - Mistrial Where the appellant, who was convicted of 14 counts of second degree criminal sexual conduct with a minor, argues that he...

S.C. Supreme Court Case Summaries: March 3, 2003.
March 3, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Probation Revocation - Appeal Bond - Automatic Stay Where the state commenced a probation revocation action against the respondent, who argued the state could not proceed with...

S.C. Lawyers In The News: March 3, 2003.
March 3, 2003... Byline: South Carolina Lawyers Weekly Staff Greenville attorney Jennifer E. Johnsen has been elected president of the Greenville County Bar Association for 2003. Johnsen is a shareholder in the firm Gallivan, White & Boyd. She has held...

S.C. School District Drops Ethnic, Race Quotas After Federal Suit.
March 3, 2003... Byline: Gregory Froom Charleston magnet schools will no longer consider race and ethnicity in the application process after the county school board settled two federal cases that claimed its policies were unconstitutional. Before the...

U.S. Court of Appeals 4th Circuit Case Summaries: March 3, 2003.
March 3, 2003... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Delay Damages - N.Y. Law Where a New York property owner contracted to buy 1,000 manufactured housing units from the debtor, and the debtor hired a subcontractor to transport,...

Former Governor of S.C. Terry Richardson Wins Award For National Dropout Prevention Efforts.
March 3, 2003... Byline: South Carolina Lawyers Weekly Staff Former U.S. Secretary of Education and former Governor of South Carolina Richard W. Riley honored attorney Terry E. Richardson Jr. on Feb. 18 with the first-annual Governor and Mrs. Richard W....

New Bills In S.C. Legislature Focus On Family Law, Municipal Tort Liability Issues.
March 3, 2003... Byline: Michael Dayton Adopted children and foster parents are the focus of new bills that have been introduced in the state Legislature. One family law bill would make it easier for adoptees and their natural parents to reconnect. A...

S.C. Workers' Compensation Court Case Summaries: March 3, 2003.
March 3, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Lead Exposure - Injury by Accident - Liability Where the claimant suffered serious bodily injuries after being exposed to dangerous levels of lead, the appellate...

S.C. Court of Appeals Case Summaries: March 10, 2003.
March 10, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Murder - Prior Armed Robbery Conviction - Crime of Dishonesty Where the appellant argues that he is entitled to a new trial because the Circuit Court should not have allowed the...

S.C. Court of Appeals Unpublished Case Summaries: March 10, 2003.
March 10, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Purchase Agreement - Agent - Apparent Authority Where the respondent was the sole owner of ABC Co., whose subsidiary, Holiday Homes, had an agreement giving ABC exclusive rights...

S.C. Supreme Court Case Summaries: March 10, 2003.
March 10, 2003... Byline: South Carolina Lawyers Weekly Staff Real Property Statute - Constitutional - Fair Market Value - Assessment Where the Beaufort County asserts S.C. Code Ann. Sect. 27-32-240 violates Article X of the South Carolina...

U.S. Court of Appeals 4th Circuit Case Summaries: March 10, 2003.
March 10, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Habeas Corpus - Va. Death Penalty - Robbery & Murder A Virginia defendant convicted of robbery, burglary and capital murder has his application for a certificate of appealability...

Former Sumter Legal Aid Lawyer Returns To Private Practice.
March 10, 2003... Byline: South Carolina Lawyers Weekly Staff Joan Brown has spent most of her law career helping people who couldn't afford to pay attorneys. Brown, the former executive director of the state Legal Aid Telephone Intake Service, returned...

South Carolina Lawyers In The News: March 10, 2003.
March 10, 2003... Byline: South Carolina Lawyers Weekly Staff Charleston attorney Susan Rosen has been named co-chair of the Association of Trial Lawyers of America's Committee on Ethical Conduct. In that role, she will oversee and administer disciplinary...

Disbarred Columbia Real Estate Lawyer Captured In Wash. State.
March 10, 2003... Byline: Michael Dayton After six years on the run, a former Columbia lawyer who misappropriated nearly $600,000 -- then disappeared before his 1998 disbarment -- has been arrested in a small Washington state town and returned to South...

South Carolina Legal Obituary: Leonard Rousselle Jr.
March 10, 2003... Byline: South Carolina Lawyers Weekly Staff Leonard "Lee" Rousselle Jr. died Feb. 3 at his home in Florence. He was 64 years old. Rousselle was born in Jacksonville, Fla. He earned a B.A. degree from the University of South Carolina in...

South Carolina Ethics Advisory Opinions: March 10, 2003.
March 10, 2003... Byline: South Carolina Lawyers Weekly Staff Upon the request of a member of the South Carolina Bar, the Ethics Advisory Committee has rendered this opinion on the ethical propriety of the inquirer's contemplated conduct. This Committee has...

S.C. Bar's Ethics Advisory Committee: Legal Malpractice Waiver Might Violate Attorney Conduct Rules.
March 10, 2003... Byline: Gregory Froom A South Carolina attorney's duty to actively participate in a case may prevent him from asking a pro hac vice lawyer and his client to waive any potential malpractice claims against him, the Bar's Ethics Advisory...

S.C. Workers' Compensation Court Case Summaries: March 10, 2003.
March 10, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Retired SLED Employee - Apprehension of Fugitive - Volunteer Where the claimant, who was a retired SLED agent who worked sequestered jury duty only on an as-needed...

Off-Duty Retired Police Officer Entitled To Comp Benefits, Rules S.C. Workers' Comp. Comm.
March 10, 2003... Byline: Gregory Froom A retired SLED officer who occasionally did part-time work could recover comp benefits from the state for the injuries he sustained while helping Anderson County sheriff's deputies apprehend a fugitive, an appellate...

Father Must Support Daughter After She Moved In With Boyfriend, Rules S.C. Appeals Court.
March 10, 2003... Byline: Gregory Froom A Beaufort County father could be required to pay child support for his minor daughter -- even though she dropped out of school, moved in with her boyfriend and took a job, the Appeals Court ruled March 3. The...

Court Should Have Weighed Tax Benefits In House Award, Rules S.C. Court of Appeals.
March 17, 2003... Byline: Gregory Froom The Charleston County Family Court should have considered the tax implications of awarding the marital home to the wife in an equitable division proceeding, the Court of Appeals has ruled in a 2-1 decision. The...

DUI, License Suspension Did Not Trigger Double Jeopardy, Rules S.C. Court Of Appeals.
March 17, 2003... Byline: Michael Dayton A teenage motorist who had his license administratively suspended for driving with alcohol in his system could also be tried for DUI, the Court of Appeals has ruled. The criminal prosecution for drunk driving...

S.C. Court of Appeals Case Summaries: March 17, 2003.
March 17, 2003... Byline: South Carolina Lawyers Weekly Staff Civil Practice Driving Under the Influence - Suspended License - Double Jeopardy Where the appellant argues that his protection from double jeopardy was violated when his license was...

S.C. Court of Appeals Unpublished Case Summaries: March 17, 2003.
March 17, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Construction Project - Permits - Enforceability Where the appellant, who contracted to have the respondent expand a parking lot, failed to pay the respondent, alleging the...

South Carolina Senate Committee Approves Lower DUI Standards.
March 17, 2003... Byline: South Carolina Lawyers Weekly Staff The Senate Judiciary Committee on March 11 approved a bill that would tighten the state's drunken driving standards. Under the bill, the legal blood-alcohol limit for drunken driving...

S.C. Supreme Court: Sanctions Against DSS Possible For Frivolous Actions.
March 17, 2003... Byline: Gregory Froom A York County father's request for sanctions against the Department of Social Services for filing an "unfounded" child abuse complaint was not improper, but since the DSS's action wasn't frivolous an award was not...

South Carolina Lawyers In The News: March 17, 2003.
March 17, 2003... Byline: South Carolina Lawyers Weekly Staff Rock Hill attorneys Leland B. Greeley, W. Blackmon Huckabee and Horace A. Jones Jr. recently combined their practices to form the firm Greeley, Huckabee & Jones. The lawyers had referred clients...

20 Months Of Foster Care Opened Door For Ending Parental Rights, Rules S.C. Appeals Court.
March 17, 2003... Byline: Gregory Froom A Greenville County mother's parental rights could be terminated because her baby had been in foster care for more than 15 of the prior 22 months -- even though the baby was only 20 months old when the suit was filed...

S.C. Supreme Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: South Carolina Lawyers Weekly Staff Administrative Writ of Certiorari - Dismissal After a full review of the appendix and briefs, we dismiss the writ of certiorari as improvidently granted. Davis v. Orangeburg-Calhoun...

U.S. Court of Appeals 4th Circuit Case Summaries: March 17, 2003.
March 17, 2003... Byline: South Carolina Lawyers Weekly Staff Bankruptcy Legal Malpractice Claim - Jurisdiction A District Court properly exercised bankruptcy jurisdiction over the debtor's legal malpractice claim against the law firm who...

S.C. Workers' Compensation Court Case Summaries: March 17, 2003.
March 17, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Death Benefits - Permanent Partial Disability - Abatement Where the claimant, who injured his left foot and sustained 95 percent permanent partial disability to his...

S.C. Court of Appeals Case Summaries: March 24, 2003.
March 24, 2003... Byline: South Carolina Lawyers Weekly Staff Contract New Trial - 13th Juror Doctrine - Motion for Directed Verdict Where a couple, who sued the appellant exterminating company for breach of a termite contract, sought a new trial...

S.C. Court of Appeals Unpublished Case Summaries: March 24, 2003.
March 24, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal First- Degree Burglary - Evidence of Other Convictions Where the appellant, who was convicted of first-degree burglary, argues that the trial court should not have admitted...

S.C. Supreme Court Case Summaries: March 24, 2003.
March 24, 2003... Byline: South Carolina Lawyers Weekly Staff Consumer Protection Plant Impact Fees - Revenues Where the Consumer Advocate appeals two Circuit Court orders upholding the Public Service Commission's refusal to treat a utility...

U.S. Court of Appeals 4th Circuit Case Summaries: March 24, 2003.
March 24, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Tax Returns - False Statements - Sentencing - Relevant Conduct Although a criminal defendant contends that 20 of the 24 charges of presenting tax returns with false deduction...

Elmore Appointed To ABA Construction Law Committee.
March 24, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney L. Franklin Elmore of the Greenville office of Elmore & Wall, P.A. has been appointed Chairman of Division 10 of the American Bar Association's Forum Committee on the Construction...

South Carolina Lawyers In The News: March 24, 2003.
March 24, 2003... Byline: South Carolina Lawyers Weekly Staff S.C. Supreme Court Chief Justice Jean Hoefer Toal was recently named one of Government Technology magazine's "Top 25" for 2002. Each year the magazine spotlights 25 individuals "who played key...

Clemson Univ. Not Liable For Incorrect Academic Advice, Rules S.C. Supreme Court.
March 24, 2003... Byline: Michael Dayton Clemson University is not liable for damages to a former baseball player who alleged poor academic counseling cost him a slot on the school's championship team and a shot at a pro career, the state Supreme Court...

Housing Authority Could Not Withdraw Deemed Admissions, Rules S.C. Appeals Court.
March 24, 2003... Byline: Gregory Froom A Greenville man who sued a housing authority when his son's hands were scalded by hot tap water could assume the authority admitted liability by not responding to discovery requests, the Appeals Court ruled March 17....

Man Can Stop Payment Of Alimony To Missing Ex-Wife, Rules S.C. Appeals Court.
March 24, 2003... Byline: Gregory Froom A Calhoun County man whose ex-wife has been missing for more than four years no longer has to make alimony payments to her conservator, the Appeals Court has ruled in an apparent first-impression opinion. The...

Transit System Liable For Letting Passenger Off Bus On Roadside, Rules S.C. Appeals Court.
March 24, 2003... Byline: Gregory Froom A Williamsburg County man who was injured after a municipal bus let him off beside a two-lane highway could recover damages from the transit authority, the Appeals Court has ruled in a 2-1 decision. The shoulder...

Lawyer Disbarred By S.C. Supreme Court For Using Fake Transcript During Search For Job.
March 31, 2003... Byline: Michael Dayton A 1999 South Carolina law school graduate who used a doctored transcript to land legal jobs has been disbarred by the state Supreme Court. Kimberli C. Aboyade, who lives in Homestead, Pa., prepared a false...

S.C. Supreme Court Retracts Certiorari On Alleged Truck Arson Case.
March 31, 2003... Byline: Gregory Froom The Supreme Court has let stand a 2001 unpublished Appeals Court decision that held an auto insurer failed to prove a Kershaw County couple burned their own Dodge Dakota. Last month, the high court dismissed...

A Look At Fake 'Diploma Mills'.
March 31, 2003... Byline: South Carolina Lawyers Weekly Staff Kimberli C. Aboyade's disbarment comes at a time when the use of bogus college degrees and fake transcripts is growing. Several companies sell "novelty" diplomas over the internet, although it is...

Insurer Not Required To Pay 'Diminished Value' Damages, Rules S.C. Supreme Court.
March 31, 2003... Byline: Gregory Froom An Irmo man whose pick-up truck was repaired after a collision was not entitled to additional "diminished value" benefits from his auto insurer, the Supreme Court held March 24. The ruling came in response to...

Medicaid Patient Could Introduce Full Amount Of Physician's Bill, Rules S.C. Supreme Court.
March 31, 2003... Byline: Gregory Froom The estate of a Sumter County Medicaid patient, who died after her doctor failed to act on a suspicious mammogram, could introduce evidence of the total sum of her medical bills -- not just the amount paid by the...

Verdicts & Settlements March 31, 2003: Town Must Pay For Midge Swarm From Wastewater Plant.
March 31, 2003... Byline: Michael Dayton Three Florence County homeowners whose properties were overrun by swarms of bugs have recovered $594,440 from the town of Timmonsville. VERDICT REPORT According to the homeowners, the town's wastewater...

Anti-Spam Group Explores Options For Safer E-mail.
March 31, 2003... Byline: South Carolina Lawyers Weekly Staff To stem the unrelenting tidal wave of unsolicited, unwanted e-mail, companies are going to extraordinary lengths -- at considerable expense. They mask their e-mail addresses, install filters,...

South Carolina Women Lawyers Association Announces Officers For Upcoming Year.
March 31, 2003... Byline: South Carolina Lawyers Weekly Staff The South Carolina Women Lawyers Association has named its slate of officers for 2003. They include: * Mary E. Sharp, president. Sharp is a 1990 graduate of North Carolina State University...

S.C. Court of Appeals Unpublished Case Summaries: March 31, 2003.
March 31, 2003... Byline: South Carolina Lawyers Weekly Staff Contract Purchase Agreement - Consulting Agreement - Ambiguity Where the appellant, who entered an agreement with an individual for the sale of a gentleman's club in which the contract...

U.S. Court of Appeals 4th Circuit Case Summaries: March 31, 2003.
March 31, 2003... Byline: South Carolina Lawyers Weekly Staff Criminal Weapon Possession - Prior Domestic Violence Conviction A defendant, who previously was convicted of misdemeanor domestic violence, properly was convicted of illegal weapon...

Do Solo Firms and Minority Lawyers Face Professional Disciplinary Bias?
March 31, 2003... Byline: South Carolina Lawyers Weekly Staff Are solo and small firm lawyers more susceptible to having a client file a complaint against them than big-firm lawyers? Do minority lawyers face an inherent disciplinary bias? Lawyers...

South Carolina Lawyers In The News: March 31, 2003.
March 31, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Rita M. McKinney has rejoined the McNair Law Firm's Greenville office after serving as the director of the state Department of Labor, Licensing and Regulation. Wayne Corley, managing...

S.C. Supreme Court Case Summaries: March 31, 2003.
March 31, 2003... Byline: South Carolina Lawyers Weekly Staff Attorney Disciplinary Matter Admitted Misconduct - Agreement for Discipline by Consent - Public Reprimand Where the respondent admitted misconduct for failing to comply with an order of...

S.C. Workers' Compensation Court Case Summaries: March 31, 2003.
March 31, 2003... Byline: South Carolina Lawyers Weekly Staff Workers' Compensation Admitted Injury - Permanent and Total Disability Where the claimant was reaching overhead for a box of cheese, which fell on her head, causing her to fall and break...