Practice Tips and Trial Skills From the Experts (2023 Criminal Justice Section Annual Program)
THURSDAY, JANUARY 19, 2023
6:30 14th Annual Criminal Justice Gilchrist and Smith Awards Dinner
The North Carolina Bar Association Criminal Justice Section invites you to attend the 14th Annual Peter S. Gilchrist III and Wade M. Smith Awards Dinner where we honor our 2022 award recipients Andrew M. Gregson (Peter S. Gilchrist III award) and Robert "Bert" Kemp III (Wade M. Smith award). We hope that you come out and celebrate them in receiving this honor and make the dinner as part of your Criminal Justice Section Annual activities. Guests are welcome!
Listen as a renowned trial attorney, who has handled numerous high-profile murder cases, shares his secrets for engaging the jury out of the gate.
10:00 Break
10:10 Rarely Pure and Never Simple: The Changing Legal Landscape of Search Warrants
Shana L. Fulton, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh Ripley E. Rand, Womble Bond Dickinson LLP, Raleigh
Take a deep dive into search warrants, how they work and what to do when you encounter one. Discuss current legal developments in the field, including cases that have recently made national headlines.
Judge Vince M. Rozier, NC Superior Court – District 10B, Raleigh Graham Billings, U.S. Attorney's Office for the Western District of North Carolina, Charlotte Edwin L. "Ed" West III, Brooks Pierce McLendon Humphrey & Leonard LLP, Wilmington
Cases are more document-intensive than ever before, and effective presentation and attack on paper and digital evidence can make or break a case. Hear best practices and tips on how to handle document-intensive trials.
12:20 Lunch Break
1:20 Panel Discussion: U.S. Attorneys' Offices Priorities
Michael F. Easley Jr., U.S. Attorney's Office for the Eastern District of North Carolina, Raleigh Sandra J. Hairston, U.S. Attorney's Office for the Middle District of North Carolina, Greensboro Dena J. King, U.S. Attorney's Office for the Western District of North Carolina, Charlotte
Gain insight into the priorities of the Department of Justice.
2:20 Break
2:30 Trial Techniques and Strategies
Brian S. Cromwell, Parker Poe Adams & Bernstein LLP, Charlotte
Receive advice on best practices for effective trial advocacy as the speaker shares what he has learned over the course of a successful career.
3:30 Break
3:40 Something Is Rotten in the State of Durham*
James P. "Jim" Cooney III, Womble Bond Dickinson LLP, Charlotte
The Duke Lacrosse cases are among the most notorious cases in North Carolina history. Hear from Jim Cooney as he discusses his experience representing a now-exonerated Duke lacrosse player, along with the ethical issues that arose during the cases.
Learn from the best! Join us for a day of practice tips and trial skills from a highly talented and experienced group of North Carolina criminal lawyers.
Contributors
Graham Billings
Graham Billings is an Assistant United States Attorney with the U.S. Attorney's Office for the Western District of North Carolina in Charlotte. He specializes in prosecuting white collar crime, cybercrime, and health care fraud, and has substantial experience handling complex white collar trials and investigations. He is the Elder Justice Coordinator for the Western District of North Carolina and the vice chair of the Mecklenburg County Bar White Collar Crime Subcommittee.
Prior to joining the United States Attorney's office in Charlotte, Graham was an Assistant United States Attorney with the United States Attorney's Office for the District of South Carolina in Greenville, South Carolina, where he prosecuted white collar crime. He was previously associated with a national law firm in Charlotte, where he defended corporations and individuals charged or under investigation by federal agencies, led internal investigations, and conducted trials and arbitrations.
Graham earned his B.A. in Economics and Political Science from the University of North Carolina at Chapel Hill and his J.D. from the University of North Carolina School of Law.
James P. "Jim" Cooney III is a partner at Womble Bond Dickinson LLP in Charlotte. He practices civil and criminal law in both trial and appellate courts. He has handled some of the most complex, challenging and high profile cases in North Carolina and is recognized as one of the premier civil, "white collar" criminal, and healthcare litigators. He has represented numerous companies and individuals in complex and significant business disputes, governmental investigations, grand jury matters, internal investigations and "bet-your-company" cases for more than 30 years. He has tried more than 60 civil and criminal cases to verdict and argued nearly 50 appeals in the appellate courts of North Carolina and in the federal courts of appeal, including the Second and Fourth Circuits.
Jim is a fellow in the American College of Trial Lawyers and a Permanent Member of the Fourth Circuit Judicial Conference. He is consistently ranked by Chambers USA in Band 1 in North Carolina for Litigation: General Commercial and Litigation: White-Collar Crime & Government Investigations, where he was recently praised by sources as an "excellent lawyer." He is also included in The Best Lawyers in America in the fields of "Bet-the-Company" Litigation, Commercial Litigation, and Criminal Defense White Collar Litigation. In 2004 he received the NC Bar Association's William Thorp Pro Bono Award and in 2010, the Wade Smith Professionalism Award for Criminal Defense. In addition to his practice, Jim is the Chairman of the Litigation Department where he oversees more than 300 timekeepers.
Jim earned his B.A., summa cum laude, in History and Political Science from Duke University and his J.D. from University of Virginia School of Law.
Brian S. Cromwell is a partner at Parker Poe Adams & Bernstein LLP in Charlotte. He counsels clients on regulatory enforcement issues, white collar criminal defense, civil litigation, fintech, and internal investigations. He also advises corporate and individual clients under investigation by consumer protection agencies that include the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In addition, he is a member of the Public Company Growth & Compliance group. He is admitted to the United States Court of Appeals for the Fourth Circuit, as well as the United States District Courts for the Western, Middle, and Eastern Districts of North Carolina.
Prior to entering private practice, Brian was both a state and federal prosecutor. From 1997 to 2000, he served as an assistant district attorney for Mecklenburg County, where he gained substantial investigative and trial experience in a variety of matters. From 2000 to 2004, he served as an assistant United States attorney for the Department of Justice, Western District of North Carolina.
Prior to attending law school, Brian gained valuable experience as a financial analyst and a tax consultant, which sparked his practical and legal insight into complex corporate criminal issues.
Brian earned his B.A. from Fairleigh Dickinson University and his J.D. from Fordham University.
Michael F. Easley Jr is the U.S. Attorney for the Eastern District of North Carolina in Raleigh. He was officially sworn in on November 26, 2021.
Prior to his appointment, Michael was a litigator focused on internal investigations and trial court work in state and federal courts, and he was a partner in McGuire Woods LLP. He represented businesses and individuals in complex, high-stakes civil, criminal, and regulatory matters. He has handled matters involving a wide range of topics, including criminal law, environmental, consumer protection, business torts, professional negligence, government contracting, financial services and securities.
In addition to his work at McGuireWoods, Michael contributed time to various bar and community organizations. He serves as a member of the Board of Visitors of the University of North Carolina. He has served as a member of the Criminal Justice Section Council and the Integration, Equity & Equal Justice Task Force of the North Carolina Bar Association. He also served as a mentor in the Leadership Council on Legal Diversity's Success in Law School Mentoring Program.
Michael attended the University of North Carolina where he graduated with honors and distinction in political science. He later received his law degree, with honors, from the University of North Carolina School of Law. While still in law school, he frequently prosecuted cases on behalf of the District Attorney's office as an extern in the 10th Judicial District.
Shana L. Fulton is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Raleigh. She represents businesses and individuals in criminal and civil litigation, under government investigation or in conducting internal investigations. As a defense attorney and former Assistant U.S. Attorney, she has experience litigating and investigating high-profile and complex matters at all levels of federal and state trial courts. She loves using her deep experience as a defense attorney and federal prosecutor on complex matters that feature a mix of criminal, civil and regulatory issues.
Shana represents individuals and businesses facing white-collar criminal prosecution and government investigations. A former Assistant U.S. Attorney for the District of Columbia, she has extensive experience handling trials and hearings in state and federal courts of all levels.
A former Assistant U.S. Attorney for the District of Columbia, she has extensive experience handling trials and hearings in federal courts. Prior to arriving at Brooks Pierce, Shana served as the Deputy Chief for both the Felony Major Crimes Section and the General Crimes Section of the U.S. Attorney's Office for the District of Columbia. She also served as Senior Litigation Counsel for the Homicide Section. Many of her previous cases garnered national news coverage, including in The Washington Post.
Shana is a member of the North Carolina, Wake County and Federal Bar Associations, North Carolina Association of Black Lawyers and the Capital City Lawyers Association.
Shana earned her B.A., with highest honors and distinction in English and Political Science, from the University of North Carolina at Chapel Hill and her J.D. from Columbia University School of Law.
Sandra J. Hairston is the U.S. Attorney for the Middle District of North Carolina in Greensboro. She was confirmed by the United States Senate on November 19, 2021. She joined the United States Attorney's Office for the Middel District in 1990.
During her thirty-one-year tenure as an Assistant U.S. Attorney, Sandra has served as Deputy Chief of the Criminal Division and Lead Attorney in the Organized Crime Drug Enforcement Task Force (OCDETF) Section. She also served as the Professional Responsibility Officer, Ethics Advisor, and Criminal Discovery Coordinator. She was named First Assistant U.S. Attorney in April 2014. She served as Acting U.S. Attorney for the Middle District from January 2017, until January 2018, and from March 2021, until she was sworn in as United States Attorney on November 23, 2021.
From April 1994 until June 1996, Sandra served as Chief of the Criminal Division in the U.S. Attorney's Office for the Eastern District of North Carolina. She returned to the Middle District in late June 1996.
Sandra began her legal career in 1987 as an Assistant District Attorney in the Thirteenth (now Fifteenth) Prosecutorial District of North Carolina.
Sandra is a graduate of the University of North Carolina at Charlotte, and attended the North Carolina Central University School of Law for law school.
William R. "Rob" Heroy is a partner with Goodman Carr Laughrun Levine & Greene PLLC in Charlotte. He represents clients in criminal matters in state and federal courts both in Charlotte and throughout North Carolina. He handles high-stakes criminal matters such as white collar criminal charges and investigations, large-scale drug trafficking conspiracies, weapons violations, serious assaults, and homicides, and is not afraid of trial. He represents individuals who have been federally indicted or targeted in the Western, Eastern, and Middle Districts of North Carolina for drug and weapons charges, immigration offenses, and white collar crime. His work frequently involves representing individuals who are the subject of investigations who want to know their legal options and whether steps can be taken early on to protect themselves.
Rob also represents individuals on a wide range of immigration matters with a focus on detention and removal. He primarily represents individuals in the Charlotte, Stewart and Atlanta Immigration courts, but on occasion conducts hearings in other courts throughout the country. Additionally, he represents detainees in the immigration courts and has challenged their detention through habeas corpus proceedings in both state and federal courts. In a number of cases, he has been able to obtain post-conviction relief for criminal convictions which have allowed his clients to remain in the country.
Rob is licensed to practice before the Fourth Circuit Court of Appeals, the North Carolina Court of Appeals, the North Carolina Supreme Court, and the Board of Immigration Appeals. He has worked on criminal and immigration cases in North Carolina, South Carolina, Georgia, Florida, California, Pennsylvania, Illinois, Louisiana, and Texas. His cases have been prominently featured in media including the L.A. Times, MSNBC, CNN, the Charlotte Observer, and Geraldo at Large. He was recently recognized in a novel by a nationally recognized journalist for his assistance in contributing to the knowledge of organized crime in the Charlotte area.
Rob has presented at continuing legal educations seminars before other attorneys on the subject of immigration law. He was recently accepted as an expert witness in the area of immigration law in Mecklenburg County Superior Court.
Rob is a professor at Charlotte School of Law, teaching in the areas of appellate practice and advanced criminal law.
Dena J. King is the U.S. Attorney for the Western District of North Carolina in Charlotte. She was confirmed by the United States Senate on November 19, 2021. She is the first person of color to be appointed as U.S. Attorney in the Western District.
Dena joined the U.S. Attorney's Office in the Western District of North Carolina in September 2020, as Deputy Criminal Chief overseeing the Violent Crimes and Narcotics Section, and as Lead Task Force Attorney for the Office's Organized Crime Drug Enforcement Task Force (OCDETF) program. Prior to that, she served as Special Assistant U.S. Attorney (2014-2015) and Assistant U.S. Attorney (2015-2020) at the U.S. Attorney's Office in the Eastern District of North Carolina. At the Eastern District, she was in charge of complex narcotics and OCDETF investigations and local impact cases. She also served as the District's Reentry Coordinator, supervising a reentry team and leading all reentry initiatives, including participation in Drug and Reentry Courts, the Prison In-Reach Program, and Focused Deterrence Call-ins. She also worked closely with local reentry councils and forged reentry partnerships within that jurisdiction. At the Eastern District, she was also the Office's Opioid Coordinator, leading the Heroin Education Action Team (HEAT), and was in charge of coordinating the Office's efforts to educate stakeholders on the harm caused by drug abuse and misuse. During her tenure in the Eastern District, she also prosecuted federal racketeering cases, as well as violent crime and public corruption cases.
From 2009 to 2014, Dena served as an Enforcement Attorney with the Securities Division of the North Carolina Department of the Secretary of State. In that capacity, she represented the State in criminal and administrative enforcement actions and prosecuted violations of the Securities Act, Investment Advisers Act, and Commodities Act, among others.
From 2006 to 2008, Dena was an Assistant District Attorney for North Carolina's 26th Prosecutorial District (Charlotte-Mecklenburg County), where she prosecuted criminal matters. While there, she was also the Office's designated representative for Drug Treatment Court and Mental Health Court.
Dena earned her B.S, magna cum laude, in Business Management from North Carolina State University and her J.D. from North Carolina Central University School of Law.
Stephen P. Lindsay is the owner of Lindsay Law in Asheville. He is presently in practice with Kerry Sutton, and they have offices in Durham and Asheville. He began his law career as an associate for 10 months with the law firm of Elmore and Powell in Asheville before starting his own firm.
Steve has been involved in several noteworthy cases over the years. Prior to law school, he worked with lawyers in Raleigh on U.S. v. McDonald, a well-known case concerning a military doctor who was convicted of murdering his wife and children. He also worked in the Guilford County District Attorney's Office while the Klan/Nazi trial was going on. This involved a march in the streets of Greensboro that erupted into a violent gun battle. In more recent years, Steve has handled several high-profile murder cases. State v. Lippard involved two young men who murdered six people, including two grandparents, two parents and a young child. Through the efforts of Steve and his co-counsel, Mr. Lippard avoided death sentences. Steve worked with Judy Clark on the Eric Rudolph case involving multiple bombings in the southeast, with Kerry Sutton on the Mike Peterson murder case in Durham (an author accused of bludgeoning his wife to death), and on U.S. v. Locust, a federal trial in which the defendant was tried for the murder of a Park Ranger (government sought death but withdrew request at sentencing phase). Steve and Kerry Sutton successfully argued for the removal of the elected District Attorney in Durham. Tracey Cline, who replaced Mike Nifong of the infamous Duke Lacrosse cases, made numerous disparaging remarks about a local judge which triggered the action. Only once before in North Carolina history has an elected district attorney been ordered out of office.
Steve is a graduate of Guilford College in Greensboro where he graduated with Honors in Criminal Justice. Attending on both a football and baseball scholarship, Steve was also the recipient of a Dana Scholarship for academic excellence. Steve attended law school at the University of North Carolina in Chapel Hill, where he graduated with Honors. While in law school, Steve was a member of the Holderness Moot Court and was one of the directors of the Braxton Craven National Moot Court Competition.
Tanisha Palvia is an attorney at Moore & Van Allen PLLC in Charlotte. She represents individuals and corporations facing white collar criminal prosecutions and governmental enforcement actions. She also manages and conducts internal investigations for various organizations, including financial institutions, private and public universities and schools, and medical providers, on a variety of sensitive issues, including Title IX, financial fraud, and labor and employment concerns.
Before joining the firm, Tanisha was a partner at a regional law firm, where she focused her practice on white collar criminal defense, government investigations, internal investigations, and complex civil litigation. Previously, she spent five years in the Manhattan District Attorney’s Office in New York City where she prosecuted and tried a variety of criminal cases, ranging from financial to violent crimes.
Tanisha earned her B.A. from the University of North Carolina at Chapel Hill, where she was a Robertson Scholar, and her J.D., with honors, from Emory University School of Law.
Ripley E. Rand is a partner at Womble Bond Dickinson LLP in Raleigh. He has represented a broad array of companies and individuals in criminal, civil, and regulatory matters involving complex fraud, antitrust, trade practice, federal criminal defense, and consumer protection actions. As one of the few lawyers with combined United States Attorney and judicial experience, Ripley offers unique insights into the way government agencies approach investigations and regulatory issues. He helps clients design response strategies that put them in the best possible position to obtain favorable outcomes or avoid litigation altogether.
Prior to joining Womble Bond Dickinson, Ripley served for six years as one of the President's U.S. Attorneys in North Carolina. In this role, he supervised hundreds of investigations and prosecutions and coordinated with multiple law enforcement agencies on national and international matters, including terrorism cases, white collar criminal investigations, federal criminal defense, and violent crime intervention. He also served for eight years as a state Superior Court Judge, presiding over thousands of criminal and civil cases throughout North Carolina. He was specially assigned to oversee complex civil cases by the Chief Justice of the North Carolina Supreme Court and handled hundreds of matters involving business disputes.
With more than twenty years of combined prosecutorial and judicial experience, Ripley has a deep background in handling investigative and enforcement matters, crisis management issues, and devising successful strategies in dealing with law enforcement agencies such as DOJ, FBI, SEC, EPA, and others.
Ripley earned his B.A. in Political Science from the University of North Carolina at Chapel Hill and his J.D., with honors, from the University of North Carolina School of Law.
Judge Vince M. Rozier Jr. is a Wake County Superior Court Judge for District 10B in Raleigh. In this role, he has presided over cases ranging from first degree murder to civil cases that impact the entire state. He first became a judge in 2006 at the age of 29, becoming the youngest District Court judge ever in Wake County. He was appointed to serve on an international delegation to the country of Jordan through the U. S. State Department for young political leaders.
Judge Rozier began his legal career as Wake County prosecutor, where he tried nearly 70 jury trials ranging from murder to sex offenses to drug trafficking.
In addition to authoring two books:"101 Days: Reveal The Fruit in You" and "The Best Time to Eat and Exercise Guide", he is involved in many community service projects.
In his community Judge Rozier has worked to establish a diversion program for students charged with criminal offenses in school. As the co-founder of Wake County's Youth Law Day Saturday program, he regularly hosts community youth at the county courthouse for an understanding of their future opportunities.
Judge Rozier attended the University of North Carolina at Chapel Hill and earned his J.D. from North Carolina Central University School of Law.
Click here for more information about Judge Rozier.
Edwin L. "Ed" West III
Edwin L. "Ed" West III is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Wilmington. His practice areas include white-collar defense and investigations, professional licensing board defense and complex business litigation.
Ed has represented individuals, businesses and organizations under investigation by a myriad of state and federal agencies including: U.S. Department of Health and Human Services, N.C. Department of Health and Human Services, Securities & Exchange Commission, N.C. Secretary of State Securities Division, N.C. Banking Commission, Internal Revenue Service, N.C. Department of Revenue, U.S. Department of Justice Civil Rights Division, U.S. Department of Labor, U.S. Environmental Protection Agency, N.C Department of Treasurer Unclaimed Property Division, N.C. State Bureau of Investigations-NC Division of Environmental Crimes, U.S. Department of State-Directorate of Defense Trade Controls Compliance, U.S. Department of Commerce-Office of Export Enforcement, U.S. Department of Homeland Security-Immigration and Customs Enforcement, Federal Bureau of Investigation, U.S. Treasury, Department of Homeland Security-Secret Service, N.C. Department of Justice Consumer Protection Division, N.C. Department of Justice, U.S. Department of Justice-Tax Division, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Aviation Administration.
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January 20, 2023
Fri 8:25 AM EST
North Carolina Bar Center8000 Weston Parkway
Cary, NC 27511
919.677.0561