Criminal Law Section (Part 1)

SPEAKER BIOGRAPHIES by order of presentation

Barry J. Barnette Seventh Circuit Solicitor’s Office Spartanburg, SC

Mr. Barnette is the Solicitor for the Seventh Judicial Circuit Solicitor Office, which consists of Spartanburg and Cherokee County since February 2011. He was the Principal Deputy Solicitor for the Seventh Judicial Circuit from January 2001 to February 2001. He was also a member of the Commission of Judicial Conduct from December 1997 to January 2001. He was an Assistant Solicitor from January 1991 to July 1996. He was in private practice from June 1990 to January 1991 in Easley, South Carolina. He also taught Chemistry and Physical Science at Traveler’s Rest High School from August 1988 to June 1990. He graduated from the West Virginia University College of Law in 1988 with a J.D. Degree. He graduated from Marshall University in 1985 and received a B.A. Degree in Education with specializations in Chemistry and General Science.

He received the 2006 Ernest F. Hollings Award for Excellence in state prosecution that is his profession’s top honor in the State of South Carolina. He received an Outstanding Traffic Safety Prosecutor Award from the National Association of Prosecutor Coordinators in 2006. He received the 2007 Prosecutor of the Year award from the South Carolina Department of Public Safety. He received the 2010 Criminal Justice Award from the South Carolina Victim Assistance Network (SCVAN) for his work with crime victims and their families. He received the 2013 Solicitor of the Year Award from the South Carolina Victim Advocate Association (SCLEVA). He has taught numerous classes, seminars and presentations throughout South Carolina and the Southeast. He has taught Evidence Law and DUI law at the South Carolina Magistrate Court Orientation School and training seminars (1997-2011). He has done presentations at the Death Penalty sections and criminal law training (2004-2017) and Driving section (1991 – 2017) at the South Carolina Solicitor’s Conferences and Training Sessions. He has made a presentation at Southeast Law Enforcement Training at Lawrenceburg, Tennessee in 2005. He received an award from MADD in 1996 for his traffic prosecution in the Seventh Judicial Circuit. He received the Spartanburg Optimist Club Award for Outstanding Prosecution in 2002. He was a contributing author in Handling Traffic Cases in South Carolina, 4th Edition (2005) and 5th Edition (2012). He also produced the Case Law on Driving Cases in South Carolina booklet for several years for judges, attorneys, and law enforcement officers through South Carolina.

In his position of Spartanburg County Magistrate Judge, he heard over a hundred jury trials including civil and criminal matters. He also heard hundreds of non-jury trials including civil and criminal matters. He was on the Commission of Judicial Conduct for the State of South Carolina involving discipline matters involving judges of all levels from 1997 to 2001. In his position of Assistant Solicitor, Principal Deputy Solicitor, and Solicitor in the Seventh Judicial Circuit, he has prosecuted hundreds of cases and handled over one hundred trials over all types ranging from DUI to Death Penalty cases.

C. Andrew Carroll Carroll Law Firm, LLC Charleston, SC

Drew Carroll is a seasoned criminal defense attorney having successfully defended citizens accused of the spectrum of crimes ranging from capital murder to simple traffic offenses. Drew formed the Carroll Law Firm in January 2010 after deciding to transition his practice, as manager and lead trial counsel for the DUI/ Criminal Defense Practice at the Joye Law Firm, into his own Firm. Drew spent more than a decade with the Joye Firm, after being personally recruited to join that firm the by legendary DUI defense attorney and firm founder Reese Joye. Early on in his tenure with the Joye Firm, he shifted the focus of his practice to concentrate on the defense of Driving Under the Influence cases. Since that time, he has successfully defended more than a thousand clients charged with DUI.

In addition to hundreds of hours of education and training on defending DUI cases, Mr. Carroll has completed the breath-test courses on the operation of the DataMaster DMT and the BAC DataMaster offered by National Patent Analytical Systems, the manufacturer of the DataMaster breath testing device. He has also completed the NHTSA practitioner's course on Standardized Field Sobriety Testing, and the (IACP) Drug Recognition and Evaluation Course. Mr. Carroll is a member of the Teaching Faculty of the prestigious National College for DUI Defense and a frequent lecturer on the defense of DUI cases and DUI and criminal law related issues in South Carolina. He has served as chairman of the South Carolina Association of Criminal Defense Lawyers' annual DUI Defense seminar for the past ten years; the premier DUI Defense training event for criminal defense lawyers in South Carolina.

Though his practice is primarily devoted to the defense of DUI and DUI related charges, Mr. Carroll continues to successfully defend select non-DUI criminal cases in State and Summary courts in South Carolina. Mr. Carroll is a Past President of the South Carolina Association of Criminal Defense Lawyers, the State's largest professional association of criminal defense lawyers. He is president of the Charleston County Association of Criminal Defense Lawyers. He is actively involved in the legislative process and serves as co-chairman of the South Carolina Association of Criminal Defense Lawyers' Legislative Steering Committee. He is regularly involved with the drafting, debating and negotiating of proposed criminal justice legislation.

Joseph M. McCulloch, Jr. McCulloch and Schillaci Columbia, SC

Joseph M. McCulloch, Jr. is a seasoned litigator and former prosecutor with over forty years of experience. He approaches legal problems with a creative sophistication, competence, and confidence borne of years in the courtroom. Mr. McCulloch is a strategist and problem solver. As a member of the South Carolina Bar since 1977, he is dedicated to representing and defending clients accused of serious crimes both in federal and state courts. Mr. McCulloch is a founder and past president of the South Carolina Association of Criminal Defense Lawyers and longtime member of the South Carolina Association of Justice and the National Association of Civil Defense Lawyers. A frequent lecturer to attorneys and judges, he has annually provided the criminal law evidence update at the statewide meeting of the South Carolina Bar Association for over 15 years.

Before starting his own practice in 1996, Mr. McCulloch was a partner in a law firm in Columbia, South Carolina where he concentrated in the areas of criminal defense and personal injury litigation. Earlier in his career, he worked with the South Carolina Supreme Court where he trained summary court judges among his other responsibilities and has continued presentations to the state’s magistrates annually. He also served as a career Prosecutor with the Fifth Circuit Solicitor’s Office in Columbia, South Carolina.

In addition to civil and criminal litigation, Mr. McCulloch has worked with numerous sports and entertainment clients. He served as Associate Counsel to the University of South Carolina and later as external counsel and has frequently advised NCAA collegiate institutions and coaches in athletic and disciplinary matters. He has served as counsel for institutions overseeing independent investigative reviews. For approximately 27 years, Mr. McCulloch has taught at the University of South Carolina Law School in the areas of Sports and/or Entertainment Law and Criminal Law.

In addition to his law practice, Mr. McCulloch is dedicated to a better community. He is a founder and current president of the South Carolina Palmetto Innocence Project; an endeavor initiated several years ago in conjunction with the National Innocence Project movement marshalling the assistance of volunteer lawyers in an effort to discover and exonerate those wrongfully convicted and has dedicated hundreds of hours toward the Project. He has served on various boards and commissions and provides counsel to groups and organizations. Mr. McCulloch is also a court certified civil mediator.

Mr. McCulloch received his B.A. from the University of South Carolina in 1974 and his J.D. Degree from the University of South Carolina School of Law in 1977. He is the proud recipient of the Presidential Citation for Legal Advocacy for Extraordinary Service in Protecting the Civil Rights of South Carolinians presented by the South Carolina State NAACP.

David M. Stumbo Eighth Circuit Solicitor’s Office Greenwood, SC

David Matthew Stumbo was elected as Solicitor for the Eighth Judicial Circuit of South Carolina (Abbeville, Greenwood, Laurens, and Newberry counties) in 2012, and is currently the President of the South Carolina Solicitor’s Association. Solicitor Stumbo previously served as supervising prosecutor for the Statewide Grand Jury and Criminal Prosecution Divisions in the South Carolina Attorney General’s office from 2011-2012. From 2007 – 2011, David worked for the 11th Circuit Solicitor Donnie Myers, where he successfully prosecuted violent crimes, child abuse, narcotics, and sexual assault cases. During his first stint with the S.C. Attorney General’s Office from 2002-2007, David led Attorney General Henry McMaster’s Internet Crimes Against Children (ICAC) task force as a special prosecutor. As part of his work with the ICAC Task Force, he worked in a legal advisory capacity with the South Carolina Computer Crimes Center, partnering with agents from the S.C. Law Enforcement Division (SLED), the FBI, and the U.S. Secret Service.

Solicitor Stumbo completed his undergraduate work at Toccoa Falls College in northeast Georgia in 1998 and went on to complete a law degree at the University of South Carolina School of Law. David, his wife Vanessa, and their four children currently reside in rural Laurens County, South Carolina.

Alyssa Leigh Richardson U.S. Attorney’s Office Columbia, SC

Alyssa Leigh Richardson is an Assistant United States Attorney for the District of South Carolina. She serves as the point of contact for criminal civil rights violations, to include hate crimes and officer misconduct, across the state. She is also the office coordinator for civil rights outreach. Alyssa is housed in the office’s Violent Crime Unit, where her work often reaches into firearm and drug prosecutions. She is a 2015 graduate of Harvard Law School, where she served as editor for the Civil Rights-Civil Liberties Law Review. She is also a summa cum laude graduate of Furman University. Alyssa has previously served as law clerk to the Honorable Margaret B. Seymour of the United States District Court for the District of South Carolina. Alyssa is also an active member of the Young Lawyers Division of the South Carolina Bar.

Senator Gerald Malloy Malloy Law Firm Hartsville, SC

Biography: MALLOY, Gerald [D]--(Dist. No. 29, Chesterfield-Darlington-Lee-Marlboro Counties.)--Attorney; residing at 1216 Salem Road, Hartsville; b. Oct. 26, 1961 in Chesterfield County; s. John A. and Geraldine Malloy; g. University of South Carolina, B.S., 1984, J.D., 1988; continued studies in the Professional Masters of Business Administration; July 8, 1989 m. Davita McFarland, four children, Donovan, Jonathan, Jordan, and Morgan. Admitted to practice in the South Carolina Courts and Federal District Court.

Past President, South Carolina Trial Lawyers Association; member, South Carolina Supreme Court Commission on Lawyer Conduct, 1996-2002; served on Judicial Qualifications Committee of the South Carolina Bar Association; Representative for Fourth Judicial Circuit for Young Lawyers Division, South Carolina Bar Association; Chairman, Public Defenders Board of Darlington County Bar Association; Chairman, Hartsville Recreation Committee; former President, Hartsville Northern Youth Baseball League; served on Hartsville Downtown Development Board; University of South Carolina Alumni Board; life member, University of South Carolina Alumni Association and helped establish Butler Heritage Foundation. Member: South Carolina Bar Association; Member: South Carolina Joint Legislative Committee on Aging; Member: South Carolina First Steps Board of Trustees; Commissioner, Indigent Defense Commission; Honorary Life Member, South Carolina Public Defender Investigators Association Board; member, Governor's School for Science and Math Foundation Board; member, Jerusalem Men's Ensemble, Board of Trustees and Chairman of the Finance Committee at Jerusalem Baptist Church; member, Appeals Committee for the South Carolina Commission on Higher Education Board; member, Center for Educator, Recruitment, Retention and Advancement (CERRA), Chairman, South Carolina Criminal Justice Task Force in South Carolina Senate 2006- present; life member, University of South Carolina Letterman Association; member, Lions Club International; and life member, Omega Psi Phi Fraternity, Inc. Board of Trustees, South Carolina First Steps.

Recipient of the Home Rule Award by South Carolina Association of Counties, 2003. Recipient of the South Carolina Library Association Friend of the Libraries, 2004. Inducted into the National Honor Roll for the National Library Association, 2005. Recognized by South Carolina Department of Juvenile Justice for support of Teen After School Centers (TASC) Program, 2007. Recipient of the South Carolina Public Defender Association Legislator of the Year Award, 2007. Recipient of the South Carolina Commission on Indigent Defense Distinguished Service Award, 2008. This award was named the Gerald Malloy Distinguished Service Award and is awarded annually. Recipient of the South Carolina Fraternal Order of Police Legislator of the Year Award, 2010. Recipient of the South Carolina Association of Criminal Defense Lawyers Legislator of the Year Award, 2010. Recipient of the South Carolina Coalition Against Domestic Violence and Sexual Assault Legislator of the Year, 2010. Recipient of the YMCA Legislator of the year, 2013. Recipient of the Champion of State Criminal Justice Reform Award, 2016. Recipient of NACDL’s Champion of State Criminal Justice Reform Award, 2016. Recipient of the Founder’s Lifetime Achievement Award from the Alpha Beta Beta Chapter of Omega Psi Phi, 2017. Service in the South Carolina Senate, 2002 – present.

Rep. G. Murrell Smith, Jr. Lee, Erter, Wilson, Holler & Smith, LLC Sumter, SC

Murrell Smith was born in Florence, South Carolina in 1968 to Jody and Murrell Smith. He moved to Sumter at the age of nine and has called Sumter home ever since. He chose Sumter to live, work, and begin his family. Murrell constantly strives to improve Sumter County and is committed to protecting the values and quality of life that makes Sumter everyone’s home. Murrell graduated from Wofford College in 1990 with a double major in history and government. Upon the completion of Wofford, Murrell pursued his law degree at the University of South Carolina School of Law. After graduation in 1993, Murrell returned to Sumter to practice law. Murrell is currently a partner in the Lee, Erter, Wilson, Holler & Smith Law Firm and is an owner of Reliable Medical Equipment of South Carolina. Murrell participates in the Sumter Palmetto Rotary Club, is a former board member of the Sumter Gallery of Art and was previously on the Wofford Alumni Executive Committee from 2003 until 2005. Since 2005, he has served on the Commission on Indigent Defense. He currently serves on the Sumter County Public Defender Corporation Board, which from 2005 to 2007 Murrell served as acting Chairman. Most recently Murrell has been re-appointed by Governor Haley to the South Carolina Military Affairs Commission.

Professionally, Murrell is a member of the South Carolina Bar Association, the Sumter County Bar Association, SC Defense Trial Lawyers Association, the Defense Research Institute, John Belton O’Neil Inn of Court and the South Carolina Association of Criminal Defense Lawyers. Politically, Murrell was elected to the South Carolina House of Representatives in 2001 to serve District 67 in Sumter County. He served on the House Judiciary Committee until 2009. During this period, he was First Vice Chairman of the Committee and then served as Chairman of the Criminal Laws Subcommittee. Currently Murrell serves on the Ways and Means Committee as Chairman on the Health, Human Services & Medicaid Subcommittee. He also is the Vice- Chairman on the Joint Other Fund Oversight Committee. In 2010, Murrell was the Vice- Chairman of the SC Sentencing Reform Commission and in 2012 he was the SCGOP House Ethics Return Study Committee Chairman.

Murrell has received many accolades that exemplify his commitment to public service and love of Sumter. In 2003 he received Wilson Hall’s Alumni of the Year award. Murrell was the South Carolina Solicitor’s Association Legislator of the Year, Legislator of the Year for the Victim’s Assistance Network and the Legislator of the Year for the SC Prosecution Coordination Commission in 2005. In 2007 Murrell was named South Carolina Public Defender Association Legislator of the Year. The Gun Owners of South Carolina honored him with their The Daniel Award and Murrell was given the Humane Society’s Legislator of the Year award. In 2008 he received the Sumter County Chamber of Commerce Outstanding Achievement Award, The State Newspaper 20 Under 40 Award, was the Arson Investigators Legislator of the Year and was the House Member of the Year for the South Carolina Fraternal Order of Police. Murrell was also given the South Carolina Commission on Indigent Defense Distinguished Service Award in 2009. Most Recent, Murrell was the Legislator of the Year for the South Carolina Human Services Provider’s Association. Also last year, Murrell received the Legislation Award for South Carolina Vocational Rehabilitation, the South Carolina Primary Health Care Association Award and the Community Health Center Champion Award.

Murrell is married to the former Macaulay White of Sumter. Macaulay and Murrell have two children. Their daughter, Mary Brown “Bee”, was born in 2009 and they recently celebrated the birth of their son, G. Murrell Smith, III. Murrell enjoys spending time with his family, travel, and hunting. He is also an active member of First Presbyterian Church. Ginny Barr S.C. Department of Corrections Columbia, SC

Ginny Barr is the Division Director for Young Offender Parole and Reentry Services at the South Carolina Department of Corrections (SCDC). She holds a degree in Criminal Justice/Psychology from the University of Nebraska. Over her career, Ginny has worked in both public and private sector human services systems to include: federal justice, juvenile justice, adult corrections, developmental disabilities/mental health, substance abuse, and therapeutic foster care.

As Division Director, Ginny is responsible for the design, development and implementation of parole and reentry services for Youthful Offenders, as well as program services for the Agency’s correctional institutions that serve young adults.

Christina C. Bigelow S.C. Department of Corrections Columbia, SC

Mrs. Bigelow graduated from University of South Carolina School of Law in May 2005. During law school, Mrs. Bigelow served on the South Carolina Law Review as a Research Editor. She also clerked at the Richland County Public Defender’s Office and at the Finney Law Firm. Following graduation, Mrs. Bigelow served as Law Clerk/Staff Attorney to the Honorable Alexander S. Macaulay for two years. Thereafter, she worked at the South Carolina Attorney General’s Office from July 2007 through October 2015. At the Attorney General’s Office, Mrs. Bigelow handled criminal appeals on behalf of the State of South Carolina and argued numerous cases at the South Carolina Court of Appeals and the South Carolina Supreme Court. In her early years at the Attorney General’s Office, she also handled post-conviction relief matters on behalf of the State. Mrs. Bigelow joined the South Carolina Department of Corrections in November 2015, where she currently serves as Deputy General Counsel in the Office of General Counsel.

Bryan P. Stirling S.C. Department of Corrections Columbia, SC

Bryan P. Stirling was appointed Director of the South Carolina Department of Corrections by Governor Nikki Haley October 1, 2013. Prior to joining the Correctional System, Director Stirling served Governor Haley as Chief of Staff from October 2012 to September 2013 and served the state of South Carolina as Deputy Attorney General from January 2006 to October 2012. Prior to public service, he was a lawyer in the private sector with a focus on Government Affairs, Civil Litigation and Real Estate. As Director, Stirling is committed to public safety, reducing recidivism, and rehabilitation through education, job training, and effective programs and services. Heath P. Taylor Taylor Law Firm, LLC West Columbia, SC

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Heath P. Taylor graduated from Newberry College in 1995, Summa Cum Laude, with a B.A. in History. He received his Juris Doctorate from the University of South Carolina School of Law in 1998. He is a partner in the Taylor Law Firm LLC located in West Columbia. His practice areas include all types of criminal defense, with an emphasis on DUI defense. He also represents individuals in catastrophic injury and workers’ compensation cases.

Mr. Taylor formerly served as an Assistant Prosecutor for the Town of Irmo and as Associate Municipal Judge for the City of West Columbia. He is licensed to practice in all federal and state courts in South Carolina. He is a member of the South Carolina Bar where he serves as Chair of the Criminal Law Council, Lexington County Bar, American Association for Justice, South Carolina Association for Justice, where he serves as the Criminal Section Chair, National Association of Criminal Defense Lawyers, South Carolina Association of Criminal Defense Lawyers, where he serves as President and co-chair of the Legislative Committee, National College for DUI Defense and served as the South Carolina Senate Judiciary Committee Chairman’s designee to the South Carolina Sentencing Reform Oversight Committee.

Heath and his wife, Julie, have two sons, Preston and Cooper. He enjoys hunting, fishing, and backpacking.