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Event Information
Live Webcast: Appellate Practice Project
December 03, 2020
Credits
N/A
MCLE: 4.00
Pricing
Dates
Thursday, December 03, 2020Time
9:00 AM - 2:30 PMRegistration Deadline
Friday, December 04, 2020
The South Carolina Commission on Indigent Defense is proud to announce the 2020-2021 Appellate Practice Project. The Commission is participating in this program, and it is co-sponsored by the South Carolina Bar - CLE Division. This year's project has a changed format to make it an even better experience. However, it is still designed to meet two primary goals:
1. Provide a public service to the Commission's Appellate Division with its large case load and assist the Division in providing indigent clients with very high-quality representation on the appeal of their criminal convictions.
2. Provide South Carolina practicing lawyers an unprecedented opportunity to gain appellate experience in actual cases before the South Carolina Court of Appeals, and to argue their case before the South Carolina Court of Appeals in the event the Court desires oral argument after briefing. If the appeal is not successful, the attorney will be called upon to decide whether to petition the South Carolina Court of Appeals for rehearing, and whether it would be prudent to pursue a petition for writ of certiorari to the South Carolina Supreme Court.
Participants in the program will:
• 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 4.0 hours of MCLE credit hours for attending the December 3, 2020 CLE seminar.
• Attorneys desiring to be appointed by Chief Judge Lockemy to handle a criminal appeal, pursuant to the Appellate Practice Project must also simultaneously sign up for a two-hour small group discussion session to be held virtually on December 8, 2020 from 9-11 am. The small group discussion session is on issue selection on appeal. Those attorneys attending the small group discussion sessions will be required to read a transcript (approximately 600 pages) in advance of the session and be prepared to discuss potential issues that could be raised on appeal during the discussion session. These small group discussions for attorneys desiring an appointment to a criminal appeal are limited to the first eighteen (18) attorneys to register for the sessions.
• Those eighteen attorneys attending the CLE and the small group session will then be appointed by Chief Judge Lockemy at various times over the next twelve months to represent one indigent client on appeal before the Court of Appeals. The appointed attorney will prepare the appellant's brief and reply brief (if necessary), for filing with the Court of Appeals. While the Chief Appellate Defender will remain on the case as second counsel to provide any legal advice, the appointed attorney will responsible for issue selection, and meeting all deadlines in the same manner as any other court appointed case.
• Have the opportunity to consult with experienced appellate practitioners prior to the filing of the brief with Court of Appeals.
• If the case is designated for oral argument before a panel of the Court of Appeals, the appointed attorney will argue the case.
• The appointed attorney, after an opinion is issued by the Court of Appeals, will be responsible for deciding whether a rehearing petition should be filed, and whether a petition for writ of certiorari with the South Carolina Supreme Court should be sought if rehearing is denied. The Chief Appellate Defender will be available to consult with the appointed attorney in making those post-opinion determinations, but the decision on what issues to brief, how to argue the case before the Court of Appeals (if applicable), and whether to seek rehearing from the Court of Appeals, and certiorari from the Supreme Court remain the ultimate decision of appointed counsel.
• The eighteen attorneys appointed and providing representation before the Court of Appeals will receive credit for their appointment under Rule 608, SCACR.
The Appellate Division will send the participating attorney instructions on how to compile the record on appeal and the initial and final briefs.
For those attorneys appointed to represent an indigent client, the actual producing of the briefs and record on appeal will be handled by the Appellate Division of the Commission of Indigent Defense. The Appellate Division, with its excellent support staff, will do the actual printing of the briefs and record on appeal, as well as the final briefs, so long as they are given to the Appellate Division in "print-ready format" several days before the filing deadline. The Appellate Division will send the participating attorney instructions on how to compile record on appeal briefs. However, no attorney's fees will be paid, and attorneys will not be reimbursed for travel or any other expenses. 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 2020-2021 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 December 3, 2020.
• Sign up for and attend a small group discussion to be held virtually on December 8, 2020 from 9 - 11 am.
• Commit to filing the appellant's initial brief and designation of matter within sixty days of the appointment order. The court will allow reasonable extensions, but appointed counsel must agree to have their cases processed expeditiously for the benefit of their client and the court.
This seminar is an intermediate to advanced level program.
This progam qualifies for up to 6.0 MCLE credit hours (these hours include the December 8 breakout sessions). The December 3 seminar only qualifies for 4.0 MCLE credit hours.
The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.
Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.
Registration Fees
| Price Description | Amount |
|---|
Agenda
Speakers
| Name | Organization | Speaking At |
|---|---|---|
| Allen Bogan | Nelson Mullins Riley & Scarborough, LLP | - |
| Clarence Wise | - | |
| James Lockemy | Richardson Plowden & Robinson, PA | - |
| Jenny Kitchings | S.C. Court of Appeals | - |
| John Nichols | Bluestein Thompson Sullivan LLC | - |
| Robert Bockman | University of South Carolina School of Law | - |
| Robert Dudek | S.C. Commission on Indigent Defense | - |
Policy
Need to cancel or transfer your registration? Simply notify us in writing no later than 24 hours prior to the published start time of the seminar at registrar@scbar.org. You will be eligible to receive a full refund, or be given access to the archived online version of the same seminar (if available) - all with no cancellation or transfer fee. Refunds will not be issued for cancellations made within 24 hours of a seminar start time, but all other options listed above are available with no fee.
Continuing Education
Agenda
9:00 a.m.
The Appellate Process in South Carolina
The Honorable James E. Lockemy
Chief Judge, South Carolina Court of Appeals
9:15 a.m.
The Strategy of Appellate Practice
John S. Nichols, Disciplinary Counsel Supreme Court of South Carolina
9:45 a.m.
Understanding Issue Preservation
Matt Bogan
Nelson Mullins Riley & Scarborough, LLP
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.
Break
11:00 a.m.
Framing the Issue to Win the Case
C. Rauch Wise Greenwood
11:30 a.m.
Appellate Practice at the Court of Appeals: An Insiders Perspective
Honorable Jenny Abbott Kitchings
Clerk of Court, South Carolina Court of Appeals
12:15 p.m.
Lunch
1:30 p.m.
What Your Opponent Doesn't Want to See
William Blitch
S.C. Attorney General's Office
2:00 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.
Adjourn
Breakout Sessions
Breakout Sessions will take place on Tuesday, December 8, 9 - 11 AM
You will receive more information regarding the breakout sessions once registered. SC Bar will provide you a link to join the virtual meeting.
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