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29Th Annual Criminal Practice in South Carolina Friday, February 28, 2020

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29Th Annual Criminal Practice in South Carolina Friday, February 28, 2020 29th Annual Criminal Practice in South Carolina Friday, February 28, 2020 presented by The South Carolina Bar Continuing Legal Education Division http://www.scbar.org/CLE SC Supreme Court Commission on CLE Course No.202729 6.25 MCLE; 1.0 LEPR; 1.0 SA/MH 29th Annual Criminal Practice in South Carolina Friday, February 28, 2020 This program qualifies for 6.25 MCLE; 1.0 LEPR; 1.0 SA/MH SC Supreme Commission on CLE Course #202729 8:30 a.m. Registration 8:55 a.m. Welcome and Program Overview 9:00 a.m. South Carolina Legislative Update Honorable A. Shane Massey Member, South Carolina Senate (District 25) Majority Leader and Chairman, Senate Rules Committee Attorney, Massey & Massey LLC 9:30 a.m. Significant Appellate Decisions from 2019 Moderator: Honorable George C. James, Jr. Justice, Supreme Court of South Carolina Robert M. Dudek, Chief Appellate Defender South Carolina Commission on Indigent Defense Mark Reynolds Farthing, Senior Assistant Attorney General Criminal Appeals Section, S.C. Attorney General’s Office Honorable William Benjamin Rogers, Jr. Solicitor Fourth Judicial Circuit Tara D. Shurling, Esquire Law Office of Tara Dawn Shurling, PA Stephanie J. Smart-Gittings, Circuit Public Defender Fourteenth Judicial Circuit Honorable Isaac McDuffie Stone, III, Solicitor Fourteenth Judicial Circuit 11:00 a.m. Break 11:15 a.m. Hot Ethics Issues for Criminal Practitioners Moderator: Amie L. Clifford, General Counsel and Director of Education Coordinator S.C. Commission on Prosecution Coordination Honorable Barry J. Barnette Solicitor Seventh Judicial Circuit Susan Barber Hackett, Assistant Appellate Defender S.C. Commission on Indigent Defense, Division of Appellate Defense Breen R. Stevens, Circuit Public Defender First Judicial Circuit 29th Annual Criminal Practice in South Carolina SPEAKER BIOGRAPHIES (by order of presentation) Amie L. Clifford S.C. Commission on Prosecution Coordination Columbia, SC (course planner) Amie L. Clifford serves as General Counsel and Director of Education Services for the South Carolina Commission on Prosecution Coordination. Her responsibilities include advising the Commission and the Circuit Solicitors; monitoring legislation, case law, and rule changes; analyzing legislation; creating and managing educational programs for state and local prosecutors; and special projects, including preparation of amicus briefs. She previously was employed by the National District Attorneys Association (NDAA) as Director of the National Center for Prosecution Ethics and an Assistant Director of Programs for the National College of District Attorneys. She also previously served as Supreme Court (Judicial) Fellow at the U.S. Sentencing Commission (1999 – 2000), Assistant Solicitor, Charleston County Solicitor’s Office (1991 – 1999), Assistant Attorney General in the Criminal Appeals Section, South Carolina Attorney General’s Office (1984 – 1991), and Staff Attorney, Piedmont Legal Services, Inc. (1983 – 1984). As a volunteer, she represented the State in criminal appeals as a Special Assistant Attorney General (2006 – 2010; 2013 – 2018). Amie has served as a contributing author for publications of the South Carolina Bar, ABA, and NDAA, including South Carolina Jurisprudence; South Carolina Criminal Trial Techniques Handbook; Doing Justice: A Prosecutor’s Guide to Ethics and Civil Liability (2nd ed. 2007 NDAA) (also served as editor); Managing Prosecutors (2007 NDAA); and The Fourth Amendment Handbook: A Chronological Survey of Supreme Court Decisions (2nd ed. 2002 ABA) (also served as a co-editor). Amie currently serves the South Carolina Bar as a member of the House of Delegates, member of the Ethics Advisory and Professional Responsibility Committees, and Vice-Chair of the Trial and Appellate Advocacy Section. She also currently serves as Immediate Past-President of the South Carolina Women Lawyers Association. Her past Bar service includes service as President of the South Carolina Bar Young Lawyers Division, President of the South Carolina Chapter of the Federal Bar Association, member of the ABA Standing Committee on Ethics and Professional Responsibility, and Council member of the ABA Criminal Justice Section. She is also a Fellow of the National Institute for the Teaching of Ethics and Professionalism (Inaugural Group) (2005). Amie graduated from the U.S.C. School of Law in May 1982 (at the age of 22) and was admitted to the South Carolina Bar in November 1982. Honorable A. Shane Massey South Carolina Senate (District 25) Massey & Massey LLC Edgefield, SC Shane Massey was elected to the South Carolina Senate in a 2007 special election, becoming the first Republican to represent his district. Rather than waiting his turn from the back row, Senator Massey jumped into the fire and quickly earned a reputation as a bright conservative leader who was eager to get involved, willing to ask tough questions, and, to the consternation of some Senate leaders, determined to be outspoken. In April 2016, Senator Massey was chosen by his fellow Senate Republicans to be the Senate Majority Leader. Shane is a proud graduate of Clemson University and the USC School of Law. He is a Liberty Fellow and an Aspen Rodel Fellow. In 2014, the Washington Post named Senator Massey one of the top 40 rising political stars under the age of 40. Shane and his wife, Blair, have two children. They live in Edgefield where Shane works as an attorney, teaches Sunday School, and occasionally moonlights as a really bad youth soccer coach. Honorable George C. James, Jr. Justice, Supreme Court of South Carolina Sumter, SC Justice James was born in 1960 in Savannah, Ga. and grew up in Sumter. He is the son of the late Ren F. James and the late George C. James. He is married to the former Dena Owen. They have a daughter, Alston, and a son, George. Alston is a speech pathologist in Rock Hill, and George is an attorney in Columbia. Justice James graduated from Wilson Hall in Sumter and graduated cum laude from The Citadel in 1982, earning a Bachelor of Science degree in Business Administration. He earned his Juris Doctor degree from the University of South Carolina School of Law in 1985. In 1985, Justice James joined the firm of Richardson, James & Player. He practiced with his father, the late George C. James, and with the late Henry B. Richardson, Jr., Thomas E. Player, Jr., and his brother, John E. James, III. In 2000, the firm merged with the firm of Lee, Erter, Wilson, Holler & Smith and became known as Lee, Erter, Wilson, James, Holler & Smith, LLC. Justice James was a partner in that firm until his election to the circuit court bench in 2006. Justice James was sworn in as a resident circuit judge for the Third Judicial Circuit on July 1, 2006, replacing the retiring Howard P. King. He served as a Business Court Judge and was the 2009 recipient of the Matthew J. Perry Civility Award from the Richland County Bar Association. Justice James was elected to the Supreme Court on February 1, 2017 and was sworn in on February 7, 2017. Justice James and his wife are members of Trinity United Methodist Church in Sumter; he has served as chairman of the Staff-Parish Relations Committee and as lay leader. He is a member of the Board of Trustees of Wilson Hall School and is chairman of the Athletic Committee of South Carolina Independent Schools Association. He has served in the past as a board member of the Sumter Unit of the American Cancer Society, Sumter Habitat for Humanity, and the Santee- Lynches Regional Council of Governments. He is a past member of the Sumter Sertoma Club. He has also been a Dixie Youth baseball coach and a YMCA youth basketball coach. In addition to his membership in the South Carolina Bar and the Sumter County Bar Association, Judge James is a member of the Judicial Division of the American Bar Association. He is a former member of the South Carolina Defense Trial Attorneys Association, and the Defense Research Institute. Law Clerks: Austin Reed and Tyra McBride Robert M. Dudek South Carolina Commission on Indigent Defense Columbia, SC Robert Dudek is the Chief Appellate Defender for the Division of Appellate Defense, the South Carolina Commission on Indigent Defense. He is a graduate of the University of South Carolina School of Journalism, and the University of South Carolina School of Law. While an undergraduate Dudek was a sports writer for the Gamecock. He was a VISTA volunteer in Alaska in 1980. Dudek began his career as an appellate lawyer as an Assistant Appellate Defender in 1990. After a two person Death Penalty Appellate Unit was formed, he was later promoted to Deputy Chief Appellate Defender for Capital Appeals. Dudek became the Chief Appellate Defender in 20 I 0, and he presently leads an office of twelve Appellate Defenders. He often presents at CLE programs on the "Case Law Update" on criminal law opinions issued by the South Carolina Supreme Court and the Court of Appeals for that year. Mark Reynolds Farthing S.C. Attorney General’s Office Columbia, SC Mark was born in Statesville, North Carolina, moved to Greer, South Carolina, when he was in elementary school, and has remained in South Carolina ever since. Mark attended Wofford College for his undergraduate degree and the Charleston School of Law for his law degree. Following law school, Mark clerked for the Honorable Ralph King Anderson, Jr. at the South Carolina Court of Appeals, and he continued to clerk for Judge Anderson when the judge returned to the circuit court bench as a retired active judge. Mark then began working as an Assistant Attorney General in the criminal appeals division of the South Carolina Office of the Attorney General, where he continues to work today as a Senior Assistant Attorney General. He has been admitted to practice in all South Carolina state courts, the United States District Court for the District of South Carolina, the United States Court of Appeals for the Fourth Circuit, and the United States Supreme Court.
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