About Capital and Collateral Litigation
This position primarily will require work in 28 U.S.C. § 2254 federal habeas corpus litigation in the District Court of South Carolina and on appeal to the Fourth Circuit Court of Appeals and Supreme Court of the United States. The position will penalty murder direct appeals in the South Carolina appellate courts. This position will not involve assignments in death penalty matters.
This section’s workload is varied and offers experience in both federal and state courts. Attorneys in this section represent the State in federal habeas corpus challenges from state criminal convictions of any kind, and, more limited in scope direct appeal litigation, specifically, appeals from murder convictions. The section also has responsibilities in death penalty appeals, post-conviction relief actions, and federal challenges. The duties for this particular position may be more specifically described as follows:
- Performs under general supervision professional legal work for the State, its subdivisions, and officials. Though primarily assigned to the Capital and Collateral Litigation Section, this position will not involve assignments in death penalty matters. It will involve the handling of other murder conviction appeals to the South Carolina appellate courts, litigation in state and federal courts, including federal habeas corpus litigation relating to convictions and/or charges of various South Carolina offenses, and may also involve the handling of state post-conviction relief matters. This position also includes responsibilities in pursuing state appeals, and limited litigation support and advice when needed.
- Performs under general supervision professional legal work relating to non-death penalty murder direct appeals in the South Carolina appellate courts, including the reading of trial transcripts, research of legal issues, drafting of briefs, preparation of pleadings, and presentation of oral argument. This duty involves communication with trial counsel and appellate counsel, travel to other locations to examine appropriate trial exhibits, ordering of trial transcripts, and calendaring and scheduling of work to conform with court dates.
- Performs under general supervision professional legal work relating to federal habeas corpus relief proceedings in non-death penalty murder conviction challenges, challenges to a variety of other state criminal convictions, and pre-trial challenges in the Federal District Court, Fourth Circuit Court of Appeals, and the Supreme Court of the United States. This includes research of legal issues, preparation of pleadings and motions in response to petitions for federal habeas corpus relief in the district court, and the preparation of motions and responses as further required in the litigation. Briefs issues before the United States Court of Appeals and presents an oral argument, if necessary.
- Represents assigned State agencies, entities, subdivisions, and/or officials as required by the South Carolina Attorney General. Communicates with and advises those agencies, entities, subdivisions, and/or officials as necessary. This duty may require travel to other locations for meetings or hearings.
- Performs related duties required and assigned by the Division Director and Chief of Staff, such as handling cases outside primary duty assignment.
Juris Doctorate Degree and experience as a practicing attorney.
Necessary Requirements: Must be a member and in good standing with the South Carolina Bar. Must satisfy Rule 403 requirements.
- Position may require overnight travel.
- Position may require employee to work evenings and weekends.
- Position requires a valid driver’s license and frequent driver duties.
- Position requires up-to-date certification(s).
- Must be organized and be able to work independently in meeting deadlines.
- Operates dictation equipment.
- Operate a computer or Westlaw.
If you are interested in this position, please click the link to Apply for an Attorney in Capital Collateral Litigation
DRUG SCREENING, CREDIT CHECK, DELINQUENT TAX CHECK, GRIEVANCE CHECK, and SLED BACKGROUND CHECKS ARE REQUIRED.
THIS OFFICE IS AN EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION EMPLOYER.
EEOP Utilization Report available upon request.