Andrea Criminal Defense North Carolina Advocates for Justice by alicejenny


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Andrea Davis

From:     Missy Owens []
Sent:     Wednesday, May 11, 2011 8:44 AM
To:       Andrea Davis
Subject: Criminal Defense Section: The News

In each issue, a Criminal Defense Section member responds to a few questions regarding his/her practice
and experience, growth and changes in the criminal defense practice area. In this issue, the Direct &
Cross spotlight is focused on Andy Banzhoff. On behalf of all Section members, thanks to Andy for his
awesome contribution to this newsletter! Enjoy! -- Missy

Andy Banzhoff graduated from Wake Forest University School of Law in 1999. Andy was a solo
practitioner from 2000 through 2006. In 2006, Andy became a partner in Devereux & Banzhoff, PLLC in
Asheville. Andy is a Board Certified Specialist in State and Federal Criminal Law and Incoming Chair of
the Criminal Defense Section. Andy can be contacted at

1) What was your first trial?

Felony Larceny and B&E case. Client and two others were working late one night at Taco Bell and
removed a box of pornographic magazines from the back of a pick up truck. The owner of the truck
claimed they had taken gold coins and other rare and valuable items that he stored in the bed of his pick
up. Client found not guilty of the felony larceny.

2) What was your most rewarding trial?

A Felony Hit and Run case that I tried several years ago. Client had a plausible explanation as to why he
did not know he had struck a young woman who was dressed in all black on an unlighted road. State
would not budge from the felony. After a long and hard fought trial, the jury convicted of misdemeanor hit
and run.

3) What did you learn most from mentoring lawyers when you started?

My mentoring lawyers basically taught me how to be a professional. I learned how to approach everyone
in the process in a professional manner and how to treat everyone with respect even if they not deserve
that respect.

4) What advice would you share with a new lawyer now?

Trial work is an art form. Find as many great artisans as you can and learn how they do it. You have to try
cases in your own way, but learning and watching how great trial lawyers operate is the best way to learn
to be a great trial lawyer.

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5) How has the profession changed?

With the increasing number of lawyers in this state, the level of competition has grown dramatically. I believe this
leads increasingly to lawyers handling cases with which they have little or no experience, and that is a bad thing
for the lawyer and client alike.

6) What client affected you the most, and why?

I was appointed to represent a client on a 2255 claim. My client was an intelligent and hard working man in his
late 40s who had grown up in one of the most dangerous areas of Charlotte. He received a life sentence in
federal court for his alleged involvement in a drug conspiracy. Several of his co-defendant's were acquitted. His
attorney (who was considered a rather prominent attorney at the time he hired him) did an astonishingly little
amount of work on the case. He was so underprepared that anyone could recognize that he did not even really try
to prepare himself.

I learned from this experience the substantial burden that lawyers bear for their clients. The gross inadequacy of
his counsel's representation showed me that no matter how well-regarded or prominent a lawyer may be, that
lawyer has to go out every day and earn the trust that clients put in him or her.

7) What challenges will the criminal defense bar face in the near future?

We are currently facing numerous challenges in the NC legislature, not only regarding some ill-conceived
substantive laws and procedural rules, but also with some structural issues involving funding and program cuts.
This is a difficult time and it is more important than ever that we work together within organizations such as NCAJ
to try to make a positive impact on these issues.

The New and Revised Ultimate Checklist Seminar
May 20, 2011
Embassy Suites Charlotte-Concord
6.0 CLE Hours

Program Co-Chairs, Les Robinson and David Teddy, have assembled an outstanding seminar that you won't
want to miss! Every CLE registrant will be provided laminated checklists for easy fingertip access on issues faced
by criminal defense lawyers on a daily basis in District or Superior Court: traffic matters, impaired driving, sex
offense cases, jury selection, cross examination, probation violations, felony and misdemeanor sentencing,
suppression issues, checkpoints and much, much more!

Speakers include Anne Bleyman, Staples S. Hughes, Les Robinson, David Teddy, Gordon Widenhouse and
Jay White.

This seminar will provide you with powerful tools to help you prepare your cases for trial and to quickly respond to
arguments made by prosecutors.

Click here for a detailed brochure.
Click here to register NOW!

Hits & Runs: Fast-Paced Multi-Subject Hot Button Topics for the Everyday Practitioner
June 18, 2011
Hilton Riverside
6.0 CLE Hours

Planned with you in mind, Program Chair, Bill Powers, has created an awesome seminar with a stellar lineup of

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topics and speakers.

Topics & Speakers:

       Hitting Pay Dirt: "V" is for Verification and Video Evidence - Andy Banzhoff
       Checkpoints: Where Are Your Papers? - Matthew Davenport
       Gordo's Gems: Mining Evidentiary Diamonds, Rubies and Emeralds - Gordon Widenhouse
       Entering the Netherlands - Traffic Laws: The Devil is in the Details - Darrin Jordan
       Compulsory Process, Subpoenas and Alternative Discovery Techniques: A Miner's Light in the Sometime
       Dark Cave of Discovery - Dean Loven
       There's Gold Up in Them Thar Hills: Building a Successful Criminal Practice in a Small Town - Jay Vannoy
       The Ultimate Treasure: Actual Innocence and Justice in Our Courts - Christine Mumma
       Scarlett Letter No More: Removal Process from Sex Offender Registry - Timothy Emry
       Fialko's Freedoms for Felons with Firearms - Christopher Fialko
       Something Federal This Way Comes: The Carnival Practice - Noell Tin
       Opening Files/Talking to Potential Clients - Chris McCartan
       Motions for Appropriate Relief - Scott Coalter
       Hot Topics in Immigration Issues - Heather Ziemba
       Blue Lights Don't Make it Legal: Challenging the Man's RAS - Les Robinson
       The Good Faith Exception to the Exclusionary Rule: A Recipe for Lemonade - Staples Hughes
       Roger Smith on Professionalism - Roger Smith, Sr. (Luncheon Speaker)

Click here to register for the Criminal Masters.

June 19-22, 2011
Hilton Riverside

Online registration is open for Convention 2011 which will be held at the Hilton Riverside in historic
downtown Wilmington on June 18-22!

Convention 2011 Program Co-Chairs, our Section's own Emily McNamara, Wilmington and Vernon Sumwalt,
Charlotte have planned a tremendous Convention for you!

Convention Highlights:

       Keynote Speaker: consumer advocate Erin Brockovich
       Summer Conference for Paralegals: Get a full year's CPE credit!

Of specific interest to Criminal Defense Section Members:

       Criminal Law Update - Kerry Sutton, Les Robinson
       Evidence Update - Gordon Widenhouse
       Civil Rights: Unjust in the Much: Targeting Blacks in the War on Drugs - James Williams, Jr.
       Cross-Examination of SBI Agents - Sarah Rackley, Dean Loven
       US Supreme Court Criminal Law Update - Dan Shatz
       Dealing with the Reality of Secure Communities: Filing Bonds and Habeas Corpus for Your Non-Citizen
       Clients - Marty Rosenbluth
       Annual Criminal Defense Section Meeting

Click here for a Convention Brochure.
Click here to register for Convention.

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Click here to register for the Summer Conference for Paralegals.

WAIT! You've registered...Make your room reservation NOW! NCAJ has reserved room blocks at the following
locations. Be sure to mention the NC Advocates for Justice for discounted rates!

      Hilton Riverside - $159/night - 910.763.5900 (Both river view and city view rooms available.)
      Best Western Coastline - $129/night - 910.763.2800 or 800.617.7732 (All river view rooms, less than two
      blocks from the Hilton.)
      Riverview Suits - $159/night - 910.772.9988 (One-bedroom condos, all river view, one-half block from
      Shell Island Resort - $199/night - 910.256.8696 or 800.689.6765 (In Wrightsville Beach, oceanfront one-
      bedroom condos.)

Wrightsville Beach is a 20-minute drive from downtown Wilmington. For those who wish to rent beach cottages,
NCAJ recommends the following realtors:

      Intracoastal Rental - 800.533.1840 or 910.256.4503 -
      Bryant Real Estate - 800.322.3764 or 910.256.3764 -

Over 100 NCAJ members have qualified, to date, for an Educational Achievement Program (EAP) award and
there is still time for you to qualify!

Click here to view a list of NCAJ members who have qualified to date.

At the beginning of his year NCAJ President Phil Baddour created the Educational Achievement Program to
recognize members for their participation in NCAJ's continuing legal education programs. The Educational
Achievement Program is designed to recognize NCAJ members--both attorneys and legal assistants--for their
commitment to improving trial skills and understanding of substantive law as a means to better serve their clients.
Participation in this program provides recognition for dedication, commitment and enthusiasm in the pursuit of
legal education.

Those NCAJ members who qualify earn the distinction of "Advocate" in the Educational Achievement Program.
Attorneys need to have completed twenty or more CLE hours in one year and legal assistants need to have
completed ten or more hours in one year.

"Advocates" will be recognized in Brief Notes, Trial Briefs, the NCAJ membership directory, on the NCAJ website
and at the upcoming Annual Convention and the Summer Conference for Paralegals. In addition, those members
that achieve the "Advocate" status will receive a specially-designed logo to use within the guidelines set forth by

The deadline to accumulate the needed-hours to achieve "Advocate" status is June 30, 2011. It's still not too late,
if you believe that you are close to attaining your needed-hours for 2010-11, to be included in the inaugural class
of "Advocates."

Contact with questions about EAP or for the exact number of CLE hours you have accumulated
for the 2010-11 year.

In anticipation of a new and eager bunch of new admittees to the North Carolina Bar from the February Bar exam,
NCAJ needs a pool of NCAJ members statewide, in all practice areas, participating as mentors for these
new admittees as they join NCAJ!

Being a NCAJ mentor is very fulfilling! As a NCAJ mentor, you have the opportunity to share your expertise
and knowledge with a new attorney and to shape that new attorney's future career.

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NCAJ mentors are NCAJ members who have practiced more than ten years or who participate on the NCAJ
Board of Governors. Every effort is made to pair a mentor with a new attorney who shares the same practice area
and lives in the same town or geographic region. Contact to volunteer as a mentor today!

Your NCAJ membership renewal is due on July 1! To continue to partake in the many benefits of NCAJ
membership, including access to Section listservs, social events or meetings and discounted CLEs, please renew
today! You can renew your NCAJ membership in full or you can take advantage of NCAJ's quarterly installment

Click here to renew your membership for the July 2011-June 2012 NCAJ membership year.

Many Thanks for Your Continued Support!

NCAJ has created two new listservs just for you...the Veterans' Affairs listserv and the ERISA listserv.
Participation in either of these listservs is free of charge to NCAJ members and a membership list for each listserv
can be found on the Members' Homepage, Contact to participate in
either (or both) listserv(s).

Chair: Christopher Fialko (Charlotte)
Vice Chair & Ethics Chair: Andrew Banzhoff (Asheville)
Secretary: Les Robinson (Greenville)
Immediate Past Chair: John Barrett (Sylva)
CLE Co-Chair: William Burke (North Wilkesboro)
CLE Co-Chair: Christine Mumma (Durham)
Legal Affairs Chair: Gordon Widenhouse (Chapel Hill)
Legislative Chair: Brad Bannon (Raleigh)
Membership Co-Chairs:
Eastern: Mark Herring (Kinston)
Charlotte: Bill Powers (Charlotte)
Triangle:Thomas Maher (Durham)
Triad: Andrew Clifford (Greensboro)
Western: Janna Allison (Waynesville)
NLD Section Liaisons: Chas Post & Toussaint Romain, (Charlotte)
PAC Chair: Carol Huffman-Kendrick (Monroe)
Publications Chair: C. Melissa Owen (Charlotte)

If you wish to contribute content to this e-newsletter or have ideas for enhancing the e-newsletter, contact Missy
Owen or Andrea Davis.

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