Criminal Law Section
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1 Criminal Law Section The Past, Present, and Future of Criminal Law in South Carolina SPEAKER BIOGRAPHIES Calvin Drew A. Carroll Drew Carroll practices law in Charleston, SC. He is a graduate of the University of South Carolina and the University of South Carolina School of Law. Drew was a staff attorney with the Charleston County Public Defender s Office from In 1999 he joined the Joye Law Firm, where he worked until forming the Carroll Law Firm in He is a frequent lecturer on the defense of DUI cases. Drew has successfully completed the NPAS breath test courses on the DataMaster DMT and the BAC DataMaster, the only breath test device approved for use in South Carolina. He has also completed NHTSA s Standardized Field Sobriety Test Practitioners Course as well as the NHTSA/IACP DRE overview course. Drew is Past President of the south Carolina Association of Criminal Defense Lawyers, a member of the Teaching Faculty of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, the South Carolina Bar, the Criminal Law Council of the South Carolina Bar, the Charleston County Bar Association and President of the Charleston County Association of Criminal Defense Lawyers. Heath P. Taylor 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 He is 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 worker s compensation cases.
2 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 on the Criminal Law Council; Lexington County Bar; American Association for Justice; South Carolina Association for Justice, where he serves as the Criminal Section Char; National Association of Criminal Defense Lawyers; South Carolina Association of Criminal Defense Lawyers, where he formerly served as President and is currently co-chair of the Legislative Committee; and National College for DUI Defense. In 2012, he was named to the Super Lawyers Rising Stars list for DUI. Heath and his wife have two sons. He enjoys hunting, fishing, backpacking and participating in triathlons. Jay N. Richardson Jay grew up in Barnwell, South Carolina before attending Vanderbilt University. After graduating with a Biology degree, Jay moved to Hawaii and worked at a pool-side barand-grill. Jay then earned his juris doctorate from University of Chicago Law School, where he served as Articles Editor for the University of Chicago Law Review and right fielder for the law school s championship softball team. Following law school, Jay served as law clerk for Judge Richard Posner and Chief Justice William Rehnquist. He then practiced with Kellogg, Huber, Hansen in Washington, DC, representing a variety of companies in contract, fraud, intellectual property, and antitrust disputes. Jay now serves as an Assistant United States Attorney in the District of South Carolina and prosecutes gangs, violent criminals, white-collar thieves, and corrupt public officials. Most importantly, he is married to Macon and blessed with three girls, Perry, Tayloe, and Landry. Representative G. Murrell Smith Jr. - Graduated Wofford College BA, Graduated University of South Carolina School of Law, Elected to S.C. House of Representatives, 2001-Present District 67 Sumter County - Lee, Erter, Wilson, Holler & Smith, LLC; Partner, - Owner Reliable Medical Equipment of South Carolina - Ways and Means Committee 2009-present; Chairman of Health, Human Services & Medicaid Subcommittee - Judiciary Committee ; 1 st Vice Chair ; Criminal Laws Subcommittee Chair Joint Other Fund Oversight Committee; Vice Chairman; 2011-Present - Commission of Indigent Defense 2005-present
3 - Sumter County Public Defender Corporation Board 1998-present, Chairman Wofford Alumni Executive Committee Member SC Bar, Sumter County Bar Association - Sumter Gallery of Art Board Sumter Palmetto Rotary Club 1994-present Appointed to SC Military Affairs Commission; 2006-Present SC Sentencing Reform Commission- Vice-chairman (2010) SC GOP House Ethics Return Study Committee Chairman (2012) - Wilson Hall Alumni of Year, South Carolina Solicitor s Association Legislator of the Year - Legislator of the Year Victim s Assistance Network, Legislator of the Year SC Prosecution Coordination Commission, South Carolina Public Defender Association Legislator of the Year The Daniel Award, Gun Owners of South Carolina - Humane Society Legislator of the Year Sumter County Chamber of Commerce Outstanding Achievement Award Arson Investigators Legislator of the Year South Carolina Fraternal Order of Police, House Member of the Year The State Newspaper Top 20 under 40 Award South Carolina Commission on Indigent Defense Distinguished Service Award - Sumter County Bar Association - S.C. Defense Trial Lawyers Association - Defense Research Institute - John Belton O Neil Inn of Court -Legislator of the Year South Carolina Human Services Provider s Association - Legislation Award for South Carolina Vocational Rehabilitation South Carolina Primary Health Care Association Award (2013) - Community Health Center Champion Award (2013) - Member First Presbyterian Church of Sumter - Married to Macaulay White - Daughter Mary Brown Smith ( Bee ) - Son George Murrell smith, III ( Murrell ) Senator Gerald Malloy 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, ; served on Judicial Qualifications Committee of the South Carolina Bar Association; Representative for
4 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; 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 present; life member, University of South Carolina Letterman Association; member, Lions Club International; and life member, Omega Psi Phi Fraternity, Inc. Recipient of the Home Rule Award by South Carolina Association of Counties, Recipient of the South Carolina Library Association Friend of the Libraries, Inducted into the National Honor Roll for the National Library Association, Recognized by South Carolina Department of Juvenile Justice for support of Teen After School Centers (TASC) Program, Recipient of the South Carolina Public Defender Association Legislator of the Year Award, Recipient of the South Carolina Commission on Indigent Defense Distinguished Service Award, 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, Recipient of the South Carolina Association of Criminal Defense Lawyers Legislator of the Year Award, Service in the South Carolina Senate, 2002 present. Solicitor Barry Barnette (Course Planner) Mr. Barnette is the Solicitor for the Seventh Judicial Circuit Solicitor Office, which consists of Spartanburg and Cherokee County. He has been in this position since February He was the Principal Deputy Solicitor for the Seventh Judicial Circuit from January 2001 to February He was a Spartanburg County Magistrate Court Judge from July 1996 to January He was also a member of the Commission of Judicial Conduct from December 1997 to January He was an Assistant Solicitor from January 1991 to July He was in private practice from June 1990 to January 1991 in Easley, South Carolina. He also taught Chemistry and Physical Science at Travelers Rest High School from August 1988 to June 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.
5 Solicitor Donald Donnie Myers EDUCATION: B.S., (Mathematics and Physics), University of South Carolina Attended USC on a Football Scholarship and also Played on the USC Baseball team J.D., University of South Carolina School of Law BAR ADMISSIONS: South Carolina; United States Supreme Court; United States Court of Appeals (Fourth Circuit); United States District Court (South Carolina); United States Court of Military Appeals PROFESSIONAL EXPERIENCE: Special Agent, Office of Special Investigations, United States Air Force ( ); Assistant Attorney General, South Carolina ( ); Solicitor, Eleventh Judicial Circuit, State of South Carolina ( present) (South Carolina Senior Solicitor) PUBLICATIONS: Editorial Board, South Carolina Evidence; Contributing Author, Nuts and Bolts of South Carolina Trial Technique; Contributing Author, South Carolina Criminal Trial Techniques Handbook: Witnesses and Testimony; Exhibits; Contributing Author to the National College of District Attorneys Analytical Trial Advocacy: A Practical Approach for Prosecutors (1996): Preparing and Arranging Exhibits, Multiple Counts and Multiple Defendants in Closing Argument; South Carolina Law Enforcement Officers Association Magazine: The Law on Preliminary Hearings; Helpful Hints In Obtaining the Legally Admissible Confession. TEACHING EXPERIENCE: Lecturer, Arizona Prosecuting Attorneys Advisory Council; Association of Government Attorneys in Capital Litigation; Florida Prosecuting Attorneys Association; Hawaii Trial Enhancement Training Conference; National Association of Pre-Trial Services Agencies; National College of District Attorneys; National District Attorneys Advocacy Center; North Carolina Academy of Trial Lawyers; Commonwealth of Puerto Rico Department of Justice and Office of the Attorney General Trial Advocacy and Forensic Training Course; Tennessee District Attorneys General Conference; South Carolina Trial Lawyers Association; South Carolina Bar Legal Seminars; South Carolina Supreme Court, South Carolina Court of Appeals and State Court Judges Judicial Conferences; University of South Carolina School of Law; South Carolina Solicitors Association; South Carolina Commission on Prosecution Coordination Seminars; South Carolina Magistrate s and Municipal Judges School; South Carolina Criminal Justice Academy; South Carolina State Law Enforcement Division; South Carolina Sheriff s
6 Association; South Carolina State Law Enforcement Officers Association; South Carolina Judicial Conferences. MEMBER: South Carolina Bar; National District Attorneys Association, Secretary of the Board of Directors; Board of Governors and Executive Committee of the South Carolina Trial Lawyers Association; South Carolina Bar, House of Delegates; American Bar Association; Association of Trial Lawyers of America; Association of Government Attorneys in Capital Litigation; South Carolina Solicitors Association (Former President); Chairman, South Carolina Commission on Prosecution Coordination; South Carolina Judicial Council. OTHER PROFESSIONAL ACTIVITIES: Past President, South Carolina Solicitors Association; Chairman, South Carolina Commission on Prosecution Coordination; South Carolina Bar Association, House of Delegates; South Carolina Bar Judicial Qualifications Committee; South Carolina Juvenile Justice Risk Classification Task Force; Governor s Committee on Highway Safety; Governor s Committee on Criminal Justice, Crime and Delinquency; Secretary of State s Commission on Securities Enforcement; Supreme Court Committee to Draft Uniform Criminal Jury Charges; South Carolina Judicial Council; Secretary for the National District Attorneys Association Board of Directors. Solicitor Kevin S. Bracket Kevin Brackett is the Solicitor for the Sixteenth Judicial Circuit which is comprised of York and Union counties. He has been a prosecutor in that office since becoming a lawyer in 1991 serving first as an assistant solicitor and then as Deputy Solicitor from 1995 until his appointment as Solicitor in He is married to Susan Barletta Brackett and they live in Fort Mill with their daughter Molly.
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