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2013 Appellate Practice Project:
Presenting Criminal Cases to the Court of Appeals

Bar Conference Center
1501 Park Street
Columbia, SC 29202
 


Due to an overwhelming interest, registration to take an appellate defense case has now closed. However, we invite you to attend Presenting Criminal Cases to the Court of Appeals for 4 CLE credits. Thank you for your interest. We hope to do a similar program in the spring assigning additional cases. Please be on the lookout for this opportunity.

 
About the Seminar
The South Carolina Commission on Indigent Defense is proud to announce the "2013 Appellate Practice Project."  The Commission is participating in this program, and co-sponsoring the seminar with the South Carolina Bar-CLE Division, and with the approval of the Attorney General of South Carolina, the Chief Judge of the South Carolina Court of Appeals, and the Chief Justice of South Carolina. The project is designed to meet two primary goals:
 
  1. Assist the Commission's Appellate Division to control, and hopefully reduce, its enormous caseload (consistently over 1500 active cases), which the Appellate Division currently handles with only ten attorneys
  2. Provide South Carolina practicing attorneys an unprecedented opportunity to gain appellate experience in actual cases argued before the South Carolina Court of Appeals
 
Participants in this program will:
  • Be appointed to represent one indigent criminal defendant on direct appeal to the South Carolina Court of Appeals
  • Participate in a CLE seminar on appellate practice, at a substantially reduced cost, taught by some of the preeminent leaders of the appellate Bar in South Carolina and sponsored by the South Carolina Bar-CLE Division
  • Receive up to 6.0 hours of MCLE credit hours for attending the October 24 CLE seminar
  • Prepare the Appellant's brief and Reply brief for filing with the Court of Appeals
  • Have the opportunity to consult with experienced appellate practitioners prior to filing the brief with the Court of Appeals
  • Orally argue the case before a panel of the Court of Appeals
  • Receive credit for the appointment under Rule 608, SCACR
 
Cases will be assigned no later than October 1, 2013; therefore, registration cut-off for the seminar is September 24, 2013. However, we expect all fifty cases to be taken and suggest registering early to increase the likelihood of appointment. In addition, seating for the seminar is limited to 75 participants, including registrants who wish to attend for CLE credit only.
 
Attorneys will be provided with a trial transcript for review prior to the seminar.
 
The actual costs of producing the briefs and the Record on Appeal will be arranged by the Commission on Indigent Defense.  However, no attorney's fees will be paid, and attorneys will not be reimbursed for travel.
 
This is an excellent opportunity for some of the brightest lawyers in South Carolina to gain appellate experience while making a truly meaningful contribution to the criminal justice system. 
 
To qualify for participation in the 2013 Appellate Practice Project, participants must:
 
  • Be practicing members of the Bar in good standing who have complied with the requirements of Rule 403, SCACR
  • Attend the CLE seminar on October 24, 2013
  • Commit to filing the Appellant's initial brief and designation of matter by December 2, 2013, and to comply with other deadlines in the Appellate Court Rules. The court will allow reasonable extensions
 
Agenda

9 a.m.            The Diverse Experience of a Great Lawyer—Appellate Practice
                       The Honorable John Cannon Few
                       Chief Judge, South Carolina Court of Appeals
 
9:15 a.m.        The Strategy of Appellate Practice
                        John S. Nichols
                         Bluestein, Nichols, Thompson, and Delgado, LLC, Columbia
 
9:45 a.m.        Understanding Issue Preservation
                         Kathleen G. Chewning
                          McNair Law Firm, Hilton Head Island
 
10:15 a.m.       Identifying Issues that Get Convictions Reversed
                        Robert M. Dudek, Chief Appellate Defender
                         South Carolina Commission on Indigent Defense
 
10:45 a.m.       Morning Break
 
11 a.m.            Framing the Issue to Win the Case
                          C. Rauch Wise
                          Greenwood
 
11:30 a.m.      Writing and Arguing to "Your" Audience
                         Laura A. Gregg
                         Law Clerk, South Carolina Court of Appeals
 
11:45 a.m.       Motions Practice Before the Court of Appeals
                          Patricia Howard, Chief Staff Attorney
                          Kate H. Crater, Deputy Chief Staff Attorney
                          South Carolina Court of Appeals
 
12:15 p.m.      Lunch Break
 
1:30 p.m.        What Your Opponent Doesn't Want to See
                         Salley W. Elliott
                         Senior Assistant Deputy Attorney General
 
2 p.m.             The Secrets of Oral Advocacy Revealed, At Last
                        Robert T. Bockman
                         Professor, University of South Carolina School of Law
 
2:30 p.m.        Breakout Sessions
 
Discussion Leader:             James W. Bannister, Bannister & Wyatt, LLC, Greenville
Lead Participants:              Wanda H. Carter, Deputy Chief Appellate Defender
                                              Carmen V. Ganjehsani, Division of Appellate Defense
 
Discussion Leader:            Charles Grose, Grose Law Firm, Greenwood
Lead Participants:              Robert M. Dudek, Chief Appellate Defender
                                             Lara M. Caudy, Division of Appellate Defense
 
Discussion Leader:            Harry A. Dest, Circuit Public Defender, 16th Circuit
Lead Participants:              Kathrine Haggard Hudgins, Div. of Appellate Defense
                                              Robert M. Pachak, Division of Appellate Defense
 
Discussion Leader:            Deborah B. Barbier, Deborah B. Barbier, LLC, Columbia
Lead Participants:              David Alexander, Division of Appellate Defense
                                             LaNelle C. DuRant, Division of Appellate Defense
 
Discussion Leader:           Chris D. Scalzo, Deputy Public Defender, Greenville
Lead Participants:             Susan B. Hackett, Division of Appellate Defense
                                             Ben J. Tripp, Division of Appellate Defense
 
4:45 p.m.        Adjourn