GREENVILLE COUNTY BAR YEAR END CLE Friday February

GREENVILLE COUNTY BAR “YEAR END” CLE --Friday, February 8, 2019 Greenville Convention Center --Michael Scott THE APPELLATE PROJECT Nexsen Pruet, LLC Robert M. Dudek Chief Appellate Defender S. C. Commission on Indigent Defense (803) 734 – 1955 (direct) rdudek@sccid. sc. gov (803) 540 – 2157 mscott@nexsenpruet. com

■ The Appellate Project allows a private lawyer to be appointed as lead counsel to handle one criminal appeal from a serious criminal conviction from General Sessions Court to the Court of Appeals, and possibly the Supreme Court in conjunction with the Office of Appellate Defense 2

■ The Chief Appellate Defender remains on the appeal as second counsel to give the appointed lead counsel legal advice on criminal law and appellate procedure. 3

■ To be eligible to handle a criminal appeal in the Court of Appeals as lead counsel, the private attorney must attend an Appellate Project CLE, a CLE that is usually held in November in Columbia at the Bar Building. 4

■ The appointed attorney will serve pro-bono. No travel, research, printing or other costs will be reimbursed without the prior written approval of Hugh Ryan, III, Hervery Young, or Robert M. Dudek. Meeting with the client is rarely necessary. 5

■ The appointed attorney will be responsible for preparing the briefs and Record on Appeal and delivering them to the Appellate Division for printing and filing no later than one week before the due date. 6

■ The attorney assigned will be responsible for issue selection, writing the brief and arguing the case before the South Carolina Court of Appeals if an oral argument is scheduled. 7

■ Appointed counsel also must decide whether to petition for rehearing, and for certiorari to the state Supreme Court if the appeal to the Court of Appeals is unsuccessful. 8

■ The appointment will remain in effect until any petition for rehearing is ruled upon by the Court of Appeals. Any decision to seek discretionary review from the Supreme Court can be made in conjunction with the Chief Appellate Defender. However, representation will remain on a probono basis on certiorari if sought 9

■ In the event of a post-conviction relief case alleging ineffective assistance of appellate counsel, at the request of the State or the applicant, the appointed attorney must make their files available as required by the rules of court and testify if required. 10

Big Picture ■ The input from private attorneys after handling an Appellate Project has all been positive that it was a very meaningful learning experience that would help them in their future practice of law. 11

GREENVILLE COUNTY BAR “YEAR END” CLE --Friday, February 8, 2019 Greenville Convention Center --- THE APPELLATE PROJECT Robert M. Dudek Michael Scott Chief Appellate Defender S. C. Commission on Indigent Defense (803) 734 – 1955 (direct) rdudek@sccid. sc. gov Nexsen Pruet, LLC (803) 540 – 2157 mscott@nexsenpruet. com