Criminal Law Update, Part 2

Criminal Law Update, Part 2 FACULTY BIOGRAPHIES Chief Justice Jean Hoefer Toal Chief Justice Jean Hoefer Toal began her service as an Associate Justice on the Supreme Court of South Carolina on March 17, 1988. She was re-elected in February of 1996 and was installed as Chief Justice on March 23, 2000 for the balance of the term of her predecessor, which expired June 30, 2004. She was re-elected again in February of 2004 and was installed as Chief Justice on June 9, 2004, for a ten-year term. Born August 11, 1943 in Columbia, South Carolina, she attended parochial school and public school in Columbia and graduated from Dreher High School in 1961 where she was recognized as the state's top debater. Chief Justice Toal received her B.A. degree in philosophy in 1965 from Agnes Scott College where she served on the Judicial Council, National Supervisory Board of U. S. National Student Association and played Goalie for the Field Hockey team. She received her J.D. degree in 1968 from the University of South Carolina School of Law where she served as Managing Editor, Leading Articles Editor and Book Review Editor of the South Carolina Law Review. She is a member of the Order of the Coif, Mortar Board and Phi Beta Kappa. Chief Justice Toal practiced law for 20 years prior to her election to the South Carolina Supreme Court, first as an associate with the Haynsworth Law Firm in Greenville, and then as an associate and partner with Belser, Baker, Barwick, Ravenel, Toal & Bender in Columbia. When she was admitted to the South Carolina Bar in 1968, women comprised less than one percent of the licensed lawyers in South Carolina. Now almost twenty percent of South Carolina's lawyers are women. As a lawyer she appeared on a frequent basis in all levels of trial and appellate courts in South Carolina. She also had considerable experience as a litigator in United States District Court, the Fourth Circuit Court of Appeals and made one appearance as cocounsel before the United States Supreme Court. Her twenty years as a practicing lawyer included a balance of plaintiff and defense work, criminal trial work, and complex constitutional litigation. She wrote many trial and appellate briefs at all court levels. She

also had considerable administrative law experience in litigation involving environmental matters, federal and state procurement, hospital certificates of need, employment matters and election matters. She utilized her law degree in public service. Beginning in 1975 she served in the South Carolina House of Representatives representing Richland County for 13 years. She was the first woman in South Carolina to chair a standing committee of the House of Representatives. She served as Chairman of the House Rules Committee and Chairman of the Constitutional Laws SubCommittee of the House Judiciary Committee. Her legislative service included floor leadership of complex legislation in the fields of constitutional law, utilities regulation, criminal law, structure of local government, budgetary matters, structure of the judicial system, banking and finance legislation, corporate law, tort claims, workers' compensation, freedom of information act and environmental law. She is the first and only woman to serve as a Justice of the South Carolina Supreme Court. She is also the first native Columbian and first Roman Catholic to serve on South Carolina's highest court. During her 20 years on the Supreme Court, Justice Toal has written opinions addressing the full range of issues both criminal and civil which come before her Court. Also, she and two of her law clerks have authored a book entitled Appellate Practice in South Carolina. In addition to her work on the bench, Chief Justice Toal has become chief advocate for South Carolina's Judicial Automation Project. Under her leadership, technology initiatives are being integrated into the eight levels of the South Carolina court system. Some of the technology projects include high-speed network connectivity to all 46 county courthouses and an on-line, statewide case management system. Because of her efforts in promoting technology as a way to create a more efficient court system, Chief Justice Toal was recognized by Government Technology magazine as one of the 2002 "Top 25 Doers, Dreamers & Drivers" of technology in government. She is a member of the Richland County, South Carolina and American Bar Associations, the South Carolina Women Lawyers Association, the National Association of Women Judges, and the John Belton O'Neall Inn of Court. She serves on the Board of Trustees of the American Inns of Court Foundation, is Immediate Past President of

the Conference of Chief Justices, and is Immediate Past Chair of the Board of Directors of the National Center for State Courts. Chief Justice Toal received the South Carolina Trial Lawyers Outstanding Contribution to Justice Award in 1995. She has been awarded honorary doctorate degrees by the University of South Carolina, Francis Marion University, The Citadel, Columbia College, College of Charleston, Charleston School of Law and Converse College. In 2004, Chief Justice Toal received the prestigious Margaret Brent Women Lawyers of Achievement Award from the American Bar Association's Commission on Women in the Profession. The award, named in honor of the first woman lawyer in the United States, is given annually to five women who have achieved professional excellence in their field and have actively advanced the status of women within the legal community. She is a member of St. Joseph's Catholic Church in Columbia where she serves as a lector. Chief Justice Toal is married to her law school classmate, William T. Toal, of Johnson, Toal & Battiste. Chief Justice Toal and Bill were the only husband-wife team to serve as Editor and Managing Editor of the South Carolina Law Review. They live in Columbia and have two daughters, Jean Toal Eisen, a 1993 Yale graduate who serves on the United States Senate Commerce Committee Staff at the appointment of Senator Daniel Inouye; Lilla Patrick Toal Mandsager, a 2003 BA, 2005 MA graduate of Stanford University who teaches High School English at Summit Preparatory High School in Redwood City, California; and one grandson, Patrick Eisen. Chief Justice Toal is an avid gardener, golfer and sports fan who maintains a shrine in her den to her beloved Atlanta Braves and Carolina Gamecocks. James W. Bannister James W. Bannister graduated from the University of South Carolina School of Law in 1995. He focuses his practice on Criminal Law and Business Law. Mr. Bannister has tried cases dealing with Drugs and Narcotics, RICO, Business Litigation, Internet Crimes, White Collar Crime, Criminal Taxation, Criminal Tax Audits, Investment Investigations, Tax Fraud, Tax Evasion and Fraud and Deceit, Murder, Criminal Domestic Violence and DUI.

In 1995, he was admitted to the practice of law in South Carolina and is a member of the South Carolina Bar, Federal Bar Association, O Neal Inn of Court, Greenville Young Lawyers Association, National Association of Criminal Defense Lawyers, South Carolina Criminal Defense Lawyers Association, National Board of Trial Advocacy, and the Greenville Chamber of Commerce (member, Board of Regents, 1999-2001). Mr. Bannister was appointed by the South Carolina Supreme Court to the South Carolina Criminal Rules Task Force. Additionally, he serves on the South Carolina Bar Criminal Law Committee. He is also LexisNexis Martindale-Hubbell Peer Review Rated. Recognized as a top lawyer in Greenville, Mr. Bannister was listed in the Best Lawyers in America 2008 and 2009 for his work in DUI/DWI Defense as well as white and non-white collar criminal defense. He achieved Criminal Trial Advocacy Certification from the National Board of Trial Advocacy in 2007. He serves actively as a member of the Board of Stewards at Buncombe St. United Methodist Church in Greenville. Joseph Hartzler Joe Hartzler, the government s lead counsel in the Oklahoma City bombing case, is a 59-year-old attorney who has concentrated 31 years of practice mostly in the area of criminal law. After graduating from Amherst College (B.A., 1972) and American University s Washington College of Law (J.D., 1978, summa cum laude) and clerking on the U.S. Court of Appeals for the District of Columbia, Joe became an Assistant United States Attorney in Chicago in 1979. During his nearly ten years in that office, Joe prosecuted virtually every type of federal offense from mail theft and food stamp fraud to public corruption and terrorism. He successfully prosecuted a former county judge for corruption and five members of a terrorist organization for seditious conspiracy. Joe rose to several supervisory positions in the U.S. Attorney s Office, including Chief of the Civil Division and Chief of the Criminal Division. He left government service in 1989 to become a partner at a large Chicago law firm where he developed a criminal defense practice. In 1991, Joe and his family moved to central Illinois, where his wife was raised. Joe returned to public service as an Assistant United States Attorney, concentrating mostly on white-collar criminal cases. He served as First Assistant United States Attorney for

the Central District of Illinois under the previous U.S. Attorney, Jan Paul Miller, and now serves as the Appellate Chief under the current U.S. Attorney. On April 19, 1995, the tragedy in Oklahoma City created a need for an experienced prosecution team drawn from the best federal prosecutors in the nation. Joe volunteered his services, and Attorney General Janet Reno selected him to head the team. The two-year assignment took Joe first to Oklahoma City and then to Denver for the trial of Timothy McVeigh, which the Washington Post described as perhaps the most complex, massive and emotionally charged criminal case in U.S. history. The government presented its case-in-chief in seventeen days. Reflecting on the government s success, the ABA Journal reported that Joe led the well-prepared ninemember prosecution team, presenting a complicated case with masterful choreography. Joe is a devoted father of adult three sons. In 1995, he was named MS Father of the Year by the National Multiple Sclerosis Society, an honor that sent Joe and his family to meet President Clinton in the Oval Office. He has received numerous other accolades including two honorary doctorates, a leadership award, and a public education award from the National M.S. Society. Multiple sclerosis affects Joe s mobility but not his spirit or ability. J. Gregory Hembree Gregory Hembree has served as Solicitor for the 15 th Circuit Solicitor s Office in Conway since 1999. He received a B. B.A. from the University of Memphis in 1982 and a J.D. from the University of South Carolina School of Law in 1985. Mr. Hembree is admitted to practice in South Carolina, United States District Court of South Carolina, United States Court of Appeals, Fourth Circuit and United States Supreme Court. Mr. Hembree was Assistant Solicitor for the 5 th Judicial Circuit from 1987-1992; in private practice with Lewis, Rogers, Lark. P.A. from 1992-1994; served as Deputy Solicitor for the 5 th Judicial Circuit (Kershaw County) from 1994-1995; was city attorney for the City of North Myrtle Beach from 1995-1999. Mr. Hembree is a member of the South Carolina Bar, National District Attorneys Association, Association of Government Attorneys in Capital Litigation, South Carolina Solicitors Association, South Carolina Law Enforcement Officers Association, Georgetown County Bar and Horry County Bar. He is Immediate Past President of the

South Carolina Solicitors Association; member of the Criminal Law Section of the South Carolina Bar, and State Director for the National District Attorneys Association. The Honorable Howard P. King Judge Howard P. King was born in Greenville, SC on April 13, 1939. His father, the late William G. King was originally from Rockford, IL. and lived in several northeastern cities before moving to the south in 1925. His mother, the late Maude Pickett, was a Greenville native. Judge King attended public schools in Greenville, graduating from Greenville High School in 1957. He received his Bachelor of Science Degree from The Citadel in 1961. While at The Citadel, he was on the Dean's List, received a Presidential Scholarship, and earned the J.D. Seahorne Award as Commander of the Outstanding Drill Platoon. Upon graduation he received a commission as a 2nd Lt., U.S. Army and served two years on active duty at Fort Sill, OK and Giessen, Germany. He attended the University of Tennessee and University of South Carolina Schools of Law and received his juris doctorate degree in 1966. He was Comments Editor for the SC Law Review and a member of Wig and Robe. Upon law school graduation, he moved to Sumter and practiced law until 1996 with the firm of Bryan, Bahnmuller, King, Goldman & McElveen. While in private practice, he was active in bar activities, serving as treasurer, secretary, president-elect, and president of the South Carolina Bar. He also is a past president of the Sumter County Bar Association. Judge King served as a S.C. Bar delegate to the American Bar Association for four years. Elected by the S.C. General Assembly to the position of Resident Judge, seat two, 3rd Judicial Circuit in February 1996, Judge King served in that position until June 30, 2006 when he retired. He continues to serve in a retired/active capacity. He serves on the Advisory Committee on Standards of Judicial Conduct and formerly served on the Commission for Continuing Legal Education and Specialization. He was awarded the Order of the Palmetto by Governor Sanford upon his retirement as a resident judge. In addition to his membership in the S.C. Bar and the Sumter County Bar Association, Judge King is a member of the American Bar Association, and past member of the American Association of Trial Lawyers, the Defense Research Institute, and the S.C. Trial Lawyers Association. He is admitted to practice in all South Carolina Courts, the

United States District Court for the District of South Carolina, the Fourth Circuit Court of Appeals, and the United States Supreme Court. Judge King is a past president of the Sumter Lions Club. He is a member of Trinity United Methodist Church where he has served as a member of the Williams Brice building committee, Trustee, Chairman of the Administrative Board, and on the Staff/Parish Relations Committee. Judge King also served as a member of the Sumter County Library Board. Senator Gerald Mallory Senator Gerald Malloy is an attorney of Hartsville. He received a B.S. from the University of South Carolina in 1984 and a J.D. in 1988 from the University of South Carolina School of Law. He continued his studies in the Professional Masters of Business Administration; July 8, 1989. He is married to Davita McFarland, and has four children, Donovan, Jonathan, Jordan, and Morgan. Senator Mallory is admitted to practice in the South Carolina Courts and Federal District Court. He is Past President, South Carolina Trial Lawyers Association; member, South Carolina Supreme Court Commission on Lawyer Conduct, 1996-2002; served on Judicial Qualifications Committee of the South Carolina Bar Association; Representative for 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; 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 2006- present; life member, University of South Carolina Letterman Association; member, Lions Club International; and life member, Omega Psi Phi Fraternity, Inc.

Senator Malloy is the recipient of the Home Rule Award by South Carolina Association of Counties, 2003; Recipient of the South Carolina Library Association Friend of the Libraries, 2004. He was Inducted into the National Honor Roll for the National Library Association in 2005. He was recognized by South Carolina Department of Juvenile Justice for support of Teen After School Centers (TASC) Program in 2007. He is the recipient of the South Carolina Public Defender Association Legislator of the Year Award, 2007 and recipient of the South Carolina Commission on Indigent Defense Distinguished Service Award, 2008. This award was named the Gerald Malloy Distinguished Service Award and is awarded annually. He has served in the South Carolina Senate, 2002 present. Andrew J. Savage, III Andy Savage practices criminal defense in State and Federal courts, representation of professionals before licensing boards and commissions. He was admitted to the South Carolina Bar in 1975. Andy received his B.A. in 1972 from Fordham University and a J.D. in 1975 from the University of South Carolina School of Law. Prior to entering private practice in 1981, Andy was a prosecutor for the State of South Carolina, serving as Chief Trial Counsel of the South Carolina Attorney General's Office, Criminal Division. He was elected to two four-year terms as a member the Charleston County Council, from 1986 to 1994, and he is a retired Lt. Colonel, Judge Advocate General, with the United States Air Force Reserve. Andy has been Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. Andy has an "AV" rating in Martindale-Hubbell, and has been named yearly in the "Best Lawyers in America" since 1991 in the practice area of Criminal Defense. He is a commentator and legal analyst for WCSC Channel 5, the CBS affiliate in Charleston. Andy is a member of the Charleston County Bar Association, the South Carolina Bar Association, the American Bar Association, the South Carolina Trial Lawyers Association, The Association of Trial Lawyers of America, the National Association of Criminal Defense Lawyers, and a charter member of the South Carolina Association of Criminal Defense Lawyers. He is also a member of the Advisory Board for the National Child Abuse Defense and Resource Center and a permanent member of the Fourth Circuit Judicial Conference.

Scarlett A. Wilson Scarlett A. Wilson is a native of Hemingway, South Carolina. She graduated from Clemson University in 1989 and from the University of South Carolina School of Law in 1992. After a year of clerking for the Honorable Don S. Rushing, Scarlett spent 18 months working as a Fifth Circuit Assistant Solicitor. In 1995, Scarlett joined the US Attorney s Office and its Violent Crimes Task Force. She was a joint winner of the 1997 Department of Justice Director s Award for Superior Performance by an Assistant US Attorney. Scarlett prosecuted various types of federal cases including those involving drugs, murder, murder-for-hire and armed robbery. In January 2001, Scarlett left the US Attorney s Office to serve as Chief Deputy Solicitor for the Ninth Circuit Solicitor s Office. As Chief Deputy Solicitor, Scarlett continued prosecuting violent and complex crimes. After the death of the former solicitor, The Honorable Ralph E. Hoisington, Governor Mark Sanford appointed her Solicitor for the Ninth Judicial Circuit. On August 3, 2007, the South Carolina State Senate confirmed Governor Sanford s appointment and Scarlett A. Wilson became the first woman to hold the office of Solicitor for the Ninth Judicial Circuit. On January 15, 2008, Scarlett A. Wilson was sworn in as the first elected woman to hold office of Solicitor for the Ninth Judicial Circuit.