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AGENDA
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MONDAY, SEPTEMBER 19, 2022
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| 8:20 - 8:30 |
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Opening Remarks
Breen R. Stevens, Esq.
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| 8:30 - 9:30 |
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KEYNOTE: Defending Clients Under Challenging Circumstances (Everyday, Right?)
Tamara Brady, Esq.
National College of Capital Voir Dire
Description: Discussion of zealous advocacy by public defenders in the face of seemingly impossible challenges.
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| 9:30 - 10:30 |
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She Said, He Said, and Reasonable Doubt in CSC Cases
Jim Huff, Esq.
Huff Law Firm, P.C.
Description: Taking apart the complaining witness’s story before the testimony, and attacking the State’s vouching and bolstering attempts.
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10:30 - 11:30
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SA/MH Hour: Wellness and the Legal Profession: Mental Health & Substance Abuse Impact on OCD
John Nichols, Esq.
SC Office of Disciplinary Counsel
Description: Impact of Mental Health and Substance Abuse on Attorney Disciplinary Cases, and Resources for Health and Wellness.
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| 11:30 - 12:50 |
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Lunch |
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| 12:50 - 1:50 |
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Case Law Update and Appellate Cases in the Hopper
Bob Dudek, Esq.
Chief Appellate Defender, SC Office of Appellate Defense
Description: Update of cases impacting criminal defense over the past year, as well as pending cases that may impact your practice.
NOTE: Written materials for this presentation will not be made available until AFTER the presentation at 2:00 pm on Monday.
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| 1:50 - 2:50 |
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Ethics Tips for Public Defenders (Ethics Hour 1)
Barbara Seymore, Esq.
Clawson and Staubes, LLC
Description: Overview of common ethical issues that arise in criminal defense cases focusing on challenges faced by public defenders.
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2:50 - 3:00
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Break |
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3:00 - 4:00
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Accessory Liability vs. Third-Party Guilt: Defenses & Pitfalls in State v. Washington
Jack Swerling, Esq.
Jack B. Swerling, Attorney at Law
Description: Discussion of third-party guilt, and potential pitfalls when using the defense.
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4:00 - 5:00
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Understanding South Carolina Prison Sentences
Christina Bigelow, Esq.
SC Department of Corrections
Description: Discussion of different types of sentences imposed and how they play out when an inmate enters SCDC. Further discussion on different types of release from SCDC, and when they apply.
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| 6:00 - 8:00 |
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Conference Reception
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TUESDAY, SEPTEMBER 20, 2022
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| 8:30 - 9:30 |
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DPPP Update
Matthew Buchanan, Esq.
SC Department of Probation, Parole, and Pardon Services
Description: Discussion of changes and updates in SC DPPP impacting clients.
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| 9:30 - 10:30 |
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Back to Basics: Effective DUI Defense
Drew Carroll, Esq.
Carroll Law Firm, LLC
Description: Discussion regarding the fundamentals of preparing for and successfully defending a DUI case.
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10:30 - 11:30
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Who in the #!%&! Is on First? How to Hit a Homerun in Criminal Trial and Appellate Practice.
The Honorable George C. James, Jr.
SC Supreme Court
The Honorable James E. Lockemy
SC Court of Appeals
Description: Discussion addressing common pitfalls in building a trial record. Everyone knows the pitfalls, but in the fog of trial, that knowledge sometimes gets lost.
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11:30 - 11:45
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Awards
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11:45 - 12:00
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Break
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BREAK-OUT SESSIONS - CHOOSE ONE |
| 12:00 - 1:00 |
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BREAK-OUT SESSION (1)
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| A |
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Reaching Literacy in DNA and Probabilistic Genotyping I
Brendan Daniels, Esq.
Charleston County Public Defender's Office
Description: Understanding forensic DNA in its current form. The presentation follows the origins of forensic DNA to its current form through tracking government reports to provide a context to historic and current challenges based on the evolving processes in the science. The presentation will also cover the underpinnings of probabilistic genotyping systems (PGS) and current issues surrounding its use.
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B
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Challenging Youth Statements I
Aleksandra Chauhan, JD, PhD
SCCID Juvenile Defender Advocate
Bryan Jeffries, Esq.
USC Children's Law Center
Megan Ehrlich, Esq.
Charleston County Public Defender's Office
Description: This workshop is suitable for all attorneys representing clients in both Family Court and General Sessions Court. The workshop will focus on the law and strategy of challenging the admissibility of a youth’s statement. Through interactive presentation and forensic exercises, attorneys will understand strategic reasons for seeking to suppress the client’s statement, whether inculpatory or exculpatory; identify state and federal Constitutional, statutory, rule-based, and common law grounds for suppressing or excluding statements; consider impact of adolescent development on voluntariness of statement and capacity of child to knowingly, intelligently, and voluntarily waive Miranda rights; discuss the research on false and distorted confessions and strategies for challenging their admission pre–trial and/or their evidentiary value during trial; discuss the research on race and stereotype threat and develop strategies for using these to challenge the voluntariness of statements and waiver of Miranda rights; and prepare oral arguments for suppression hearings.
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| C |
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Video Mitigation Presentations for Public Defenders
Tristan Shaffer, Esq.
8th Circuit Public Defender's Office
Description: Discussion and overview of video mitigation presentations, and best applications for use by public defenders.
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1:00 - 2:00
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BREAK-OUT SESSION (2)
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| A |
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Reaching Literacy in DNA and Probabilistic Genotyping II
Brendan Daniels, Esq.
Charleston County Public Defender's Office
Description: Second half of forensic DNA presentation.
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| B |
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Challenging Youth Statements II
Aleksandra Chauhan, JD, PhD
SCCID Juvenile Defender Advocate
Bryan Jeffries, Esq.
USC Children's Law Center
Megan Ehrlich, Esq.
Charleston County Public Defender's Office
Description: Second half of the workshop helping defenders suppress youth statements.
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| C |
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Collateral Consequences
Kris Hines, Esq.
Kershaw County Public Defender's Office
Description: An overview of collateral consequences that affect our clients upon conviction
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WEDNESDAY, SEPTEMBER 21, 2022
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9:00 - 10:00
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Practical Ethics for the Criminal Defense Lawyer (Ethics Hour 2)
Susan Hackett, Esq.
SC Office of Appellate Defense
Description: Discussion of practical ethical matters impacting criminal defense practitioners.
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| 10:00 - 11:00 |
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Legislative Update
The Honorable Gerald Malloy
SC State Senator for District 29
Description: Discussion of new and upcoming legislation impacting criminal defense in South Carolina.
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| 11:00 |
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Adjourn
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