28th Annual Criminal Practice in South Carolina Friday, February 22, 2019 presented by The South Carolina Bar Continuing Legal Education Division http://www.scbar.org/CLE SC Supreme Court Commission on CLE Course No. 190837 Table of Contents Agenda ................................................................................................................................................. 3 Faculty Bios ......................................................................................................................................... 5 State Criminal Practice: Significant Developments in 2018 ..........................................................15 Federal Criminal Practice : Significant Developments in 2018 .....................................................32 Legislative Review and Preview: Significant 2018 Legislation, Pre-Filed Bills for 2019, and Rule Changes ...............................................................................................................................................37 Amie Clifford, Tommy Pope Expungements Primer .......................................................................................................................61 Adam Whitsett Developments and Issues in Juveniles Justice .................................................................................84 L. Eden Hendrick Keeping Up with Trends and Issues in Criminal Defense ............................................................104 Christopher Adams PCR-Proofing Your Case ................................................................................................................112 Tara Shurling Ethics Issues in Criminal Defense ..................................................................................................148 Susan Barber Hackett SC Bar-CLE publications and oral programs are intended to provide current and accurate information about the subject matter covered and are designed to help attorneys maintain their professional competence. Publications are distributed and oral programs presented with the understanding that the SC Bar-CLE does not render any legal, accounting or other professional service. Attorneys using SC Bar-CLE publications or orally conveyed information in dealing with a specific client's or their own legal matters should also research original sources of authority. ©2019 by the South Carolina Bar-Continuing Legal Education Division. All Rights Reserved THIS MATERIAL MAY NOT BE REPRODUCED IN WHOLE OR IN PART WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE CLE DIVISION OF THE SC BAR. TAPING, RECORDING, OR PHOTOGRAPHING OF SC BAR-CLE SEMINARS OR OTHER LIVE, BROADCAST, OR PRE-RECORDED PRESENTATIONS IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE SC BAR - CLE DIVISION. 28th Annual Criminal Practice in South Carolina Friday, February 22, 2019 This program qualifies for 6.0 MCLE; 1.0 LEPR SC Supreme Commission on CLE Course #: 190837 8:30 a.m. Registration 8:55 a.m. Welcome and Program Overview 9:00 a.m. State Criminal Practice: Significant Developments in 2018 Moderator: Honorable John C. Few, Justice Supreme Court of South Carolina Honorable Barry J. Barnette, Solicitor Seventh Judicial Circuit Robert M. Dudek, Chief Appellate Defender South Carolina Commission on Indigent Defense Honorable Ernest A. Finney III, Solicitor Third Judicial Circuit Jonathan Eric Fox, Chief Public Defender, Horry County Fifteenth Judicial Circuit Christopher D. Scalzo, Deputy Circuit Defender Thirteenth Judicial Circuit Donald J. Zelenka, Deputy Attorney General Office of the Attorney General of South Carolina 10:45 a.m. Break 11:00 a.m. Federal Criminal Practice: Significant Developments in 2018 Moderator: Honorable J. Michelle Childs, Judge U.S. District Court for the District of South Carolina Robbie Carroll, Assistant Deputy Chief Probation Officer United States Probation Office Jessica Ann Salvini Salvini & Bennett, LLC Parks N. Small, Federal Public Defender Federal Public Defender’s Office William K. Witherspoon, Assistant U.S. Attorney United States Attorney’s Office 12:30 p.m. Lunch (on your own) 1:45 p.m. Legislative Review and Preview: Significant 2018 Legislation, Pre- Filed Bills for 2019, and Rule Changes Amie L. Clifford, Education Coordinator/Senior Staff Attorney South Carolina Commission on Prosecution Coordination Tommy E. Pope, Elrod Pope Law Firm Speaker Pro Tempore, S.C. House of Representatives (Rep., Dist. 47) 2:15 p.m. Expungements Primer Adam Whitsett, General Counsel South Carolina Law Enforcement Division 3:00 p.m. Break 3:15 p.m. Developments and Issues in Juveniles Justice Laurel Eden Hendrick, Assistant Solicitor Fifth Judicial Circuit Solicitor’s Office 3:30 p.m. Keeping Up with Trends and Issues in Criminal Defense Christopher W. Adams Adams & Bischoff, P.C. 3:45 p.m. PCR-Proofing Your Case Tara D. Shurling Law Office of Tara Dawn Shurling, PA 4:00 p.m. Ethics Issues in Criminal Defense Susan Barber Hackett, Assistant Appellate Defender Division of Appellate Defense, S.C. Commission on Appellate Defense 5:00 p.m. Adjourn 28th Annual Criminal Practice in South Carolina SPEAKER BIOGRAPHIES (by order of presentation) Amie L. Clifford South Carolina Commission on Prosecution Coordination (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 (including a trial advocacy and substantive law “bootcamp” program she created for new prosecutors); preparing educational materials; and special projects, including preparation of amicus briefs. Prior to joining the Commission in November 2007, she was employed by the National District Attorneys Association (NDAA) as the Director of the National Center for Prosecution Ethics and as an Assistant Director of Programs for the National College of District Attorneys. She previously served as the Supreme Court Fellow at the U.S. Sentencing Commission (1999 – 2000), Assistant Solicitor in the Charleston County Solicitor’s Office (1991 – 1999), Assistant Attorney General in the Criminal Appeals Section of the South Carolina Attorney General’s Office (1984 – 1991), and Staff Attorney with Piedmont Legal Services, Inc. (1983 – 1984). As a volunteer, Amie served as a Special Assistant Attorney General (2006 – 2010; 2013 – 2018) and represented the State in criminal appeals in the South Carolina appellate courts. Amie graduated from the University of South Carolina School of Law in May 1982 (at the age of 22) and was admitted to the South Carolina Bar in November 1982. A former member and Chair of the South Carolina Bar’s CLE Committee, she has participated in CLE trainings since 1985. Amie has served as a contributing author for two publications of the South Carolina Bar, South Carolina Jurisprudence and South Carolina Criminal Trial Techniques Handbook. She has also contributed to publications of the American Bar Association (ABA) and NDAA, including Doing Justice: A Prosecutor’s Guide to Ethics and Civil Liability (2nd ed. 2007 NDAA) (for which she also served as editor), Managing Prosecutors (2007 NDAA), and The Fourth Amendment Handbook: A Chronological Survey of Supreme Court Decisions (2nd ed. 2002 ABA). She is currently working with the South Carolina Bar and NDAA on new editions of the criminal trial techniques and ethics books. 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 Secretary of the Trial and Appellate Advocacy Section. She also currently serves as 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). Honorable John C. Few Supreme Court of South Carolina John Cannon Few was born in Anderson and grew up in Greenwood. He attended Duke University, where he served as Duke's athletic mascot-the Blue Devil• before graduating in 1985 with a degree in English and Economics. John attended the University of South Carolina School of Law, where he was a member of The Order of Wig and Robe and The Order of the Coif. He also served as Student Works Editor of the South Carolina Law Review. He received his Juris Doctor degree in 1988. John began his legal career as law clerk to The Honorable G. Ross Anderson, Jr., United States District Judge. He practiced law in Greenville from 1989 until 2000, and is admitted to practice in South Carolina, the United States District Court for the District of South Carolina, the United States Court of Appeals for the Fourth Circuit, and the Supreme Court of the United States. John served as a trial judge on the Circuit Court of South Carolina from July 2000 until February 2010. He then became the Chief Judge of the South Carolina Court of Appeals, a position he held until February 2016. John was sworn in as a Justice on the Supreme Court of South Carolina on February 9, 2016. John is a frequent public speaker on