1 CRIMINAL DEFENDER TRAINING PROGRAM June July 2012 Presented by the Public Defender Service for the District of Columbia 601 Pennsylvania Avenue, NW Moot Court Room Washington, DC (202) JUNE MINISERIES COURSE DESCRIPTIONS WEEK 1: THE FOURTH AMENDMENT Tuesday, June 5, 2012 (Evening 1) ON-THE-STREET ENCOUNTERS Jason Downs, Supervising Attorney, Trial Division Natalie Lawson, Staff Attorney, Trial Division No Longer Available Fourth Amendment issues are a critical component of criminal defense practice. In this session we will teach you how to get the most out of your Fourth Amendment suppression hearing. Special attention will be paid to identifying potential Fourth Amendment issues and formulating corollary suppression arguments. Practice tips will be provided on how to more effectively break apart the on-the-street police encounter and conduct a step-by-step analysis to find potential arguments. You will also learn how to convey this analysis during the suppression hearing so that the judge will clearly see how your client s Fourth Amendment rights were violated. Wednesday, June 6, 2012 (Evening 2) VEHICLE STOPS AND SEARCHES James Whitehead, Staff Attorney, Trial Division Mikel-Meredith Weidman, Staff Attorney, Appellate Division The second evening of this series will focus the Fourth Amendment lens on automobiles. Among the topics discussed will be standing (particularly as it relates to drivers and passengers), claims
2 of consent, officer safety concerns, and how to challenge vehicle searches. A variety of practice tips will be covered, including how to effectively examine the case for potential Fourth Amendment violations and advocate for suppression. Thursday, June 7, 2012 (Evening 3) APPLICATION OF THE EXCLUSIONARY RULE Lee Goebes, Staff Attorney, Trial Division Craig Hickein, Staff Attorney, Trial Division The exclusionary rule can be a powerful weapon in protecting your client s rights, but it has its limits. In this session we will cover recent Supreme Court decisions that have limited application of the rule in certain circumstances. Prior discussion of standing issues will be expanded to specific issues such as homes, bags and lockers. Attention will also be paid to attacking claims of inevitable discovery and how the doctrine might relate to your suppression arguments. WEEK 2: DEFENSE INVESTIGATION WITNESS STATEMENTS: PART I Tuesday, June 12, 2012 (Evening 1) Christian Pipe, Supervisor, Investigations Division David Maxted, Staff Attorney, Trial Division Additional Presenter(s) TBD A skilled investigator can uncover inconsistencies and unusual information that will give rise to avenues of investigation favorable to the defense. As such, getting the best witness statement requires teamwork. This session will discuss strategies and techniques for getting the most out of the attorney-investigator relationship as well as best practices for taking written statements. We will explore unearthing witness bias and creating a written witness statement to serve as an impeachment tool at trial. We will also review the mechanics of an exemplary statement and discuss how the quality of a witness s statement can impact cross-examination of that witness at trial.
3 Wednesday, June 13, 2012 (Evening 2) WITNESS STATEMENTS: PART II Michael Satin, Training Director, Trial Division Christian Pipe, Supervisor, Investigations Division A winning case is often built with a strong investigative foundation. This session will focus on improving your knowledge of how statements are best taken and used at trial. We will provide examples of statements of different quality and assess what makes one better than another. Particular attention will be paid to the development of the written statement for purposes of advancing misidentification, self-defense and fabrication defenses. This session will also discuss various techniques for using the written witness statement at trial for cross-examination purposes. This session will provide the groundwork for the third night in this series. WITNESS STATEMENTS: PART III Thursday, June 14, 2012 (Evening 3) Quo Judkins, Staff Attorney, Trial Division Matthew Davies, Staff Attorney, Trial Division Mani Golzari, Staff Attorney, Trial Division Perfecting cross-examination is an elusive goal. However, success can depend largely on the quality of the witness s written statement. You ve learned the details, but now you ll see it in action. In this session we will conduct two demonstrations on cross-examining the witness at trial using that witness s statement. Exposed will be the difference between better and best statements, and what can be elicited at trial through cross-examination on both. You will learn how to better elicit facts and detail, and not conclusions, during your cross-examinations.
4 WEEK 3: THE FIFTH AMENDMENT Tuesday, June 19, 2012 (Evening 1) WITNESS REPRESENTATION Presenter: Renee Raymond, Supervising Attorney, Trial Division Mani Golzari, Staff Attorney, Trial Division Representing a client before the grand jury can present unique challenges. Although your client may not be a current target of the proceedings, he or she may become one in the future. What is sufficient to constitute a waiver in a grand jury proceeding? How do you know when to invoke the Fifth Amendment privilege and pursue a grant of immunity for your client so that he or she will be protected against potential future charges? We will discuss when to assert the right and how to communicate that assertion adequately and effectively. Also addressed will be the potential legal consequences of asserting the privilege and the impact of assertion on parallel proceedings. Wednesday, June 20, 2012 (Evening 2) CUSTODY AND INTERROGATION Presenter: Michael Satin, Training Director, Trial Division In this session we will revisit custodial interrogation. Analysis of pertinent case law will be provided, as will practice tips on effective suppression arguments. We will look at statementtaking by the Metropolitan Police Department, and learn how to attack its procedure and practice. Examples and guidance will be provided on ways in which to develop suppression hearing testimony to show coerced confessions and to challenge claims of other due process violations disguised as spontaneous statements and excited utterances.
5 Thursday, June 21, 2012 (Evening 3) MIRANDA Kia Sears, Supervising Attorney, Trial Division Amanda David, Staff Attorney, Trial Division Maneka Sinha, Staff Attorney, Trial Division At what point during the police encounter is Miranda required? What constitutes an assertion of the right against self-incrimination? Were your client s rights violated by the police? This session will discuss the many nuances of Miranda, the particular exceptions, and how to spot the issues. Unique issues related to waiver both in lieu of and after assertion of rights will be discussed. Practice tips for the Fifth Amendment suppression hearing will be provided. WEEK 4: SPECIAL ISSUES IN DEFENDING THE NON-TRADITIONAL CLIENT Tuesday, June 26, 2012 (Evening 1) THE NON-CITIZEN CLIENT Gwendolyn McDowell Washington, Staff Attorney, Civil Litigation Division Additional Presenter(s) TBD Immigration issues have the potential to arise in any criminal case. Understanding the immigration consequences of your client s arrest and/or conviction is critical to advising your client and meeting your obligations under Padilla. This session will focus on recognizing the consequences in the context of plea-bargaining and sentencing. Discussion will specifically cover negotiating a sentence that will not make your client removable after the sentence has been completed. Also discussed will be the process and practice of immigration detention when your client has a removable conviction or arrest.
6 Wednesday, June 27, 2012 (Evening 2) THE JUVENILE CLIENT Tiffany Sizemore, Supervising Attorney, Trial Division Jamie Rodriguez, Coordinator, Juvenile Services Program Special consideration should be made when advocating a disposition on behalf of your juvenile client. Adjudications may affect the juvenile s placement, length of detention and future societal prospects. Ethical issues may also arise in representing the juvenile client. Discussion will include keeping the client informed, navigating parental interest in the juvenile client s case, and differentiating between the juvenile s best interest and his or her right to decide the outcome of the case. Thursday, June 28, 2012 (Evening 3) THE MENTAL HEALTH CLIENT Laura Rose, Staff Attorney and Mental Health Liaison, Trial Division Additional Presenter(s) TBD Representing defendants with mental health issues presents special challenges. For example, it may be difficult to keep your client informed about the case when he or she has particular disabilities. You may also find yourself needing to navigate the intersection between the attorney-client privilege and the need to raise your client s mental health issues with the judge. We will discuss how to identify the types of services available to a client on an outpatient basis and during the pendency of the case. We will also cover what might qualify a client for a mitigated sentence and how to advocate for mitigation at sentencing for the client who has mental health issues. This session will expose you to the myriad of considerations to be made when working with a client who has mental health issues in the criminal context.
7 JULY BROWN BAG COURSE DESCRIPTIONS LITIGATING BRADY ISSUES IN SUPERIOR COURT Wednesday, July 11, 2012 Alec Karakatsanis, Staff Attorney, Special Litigation Division Additional Presenter(s) TBD A detailed and very useful guide to Brady issues that often arise in criminal cases has been developed. This session will introduce this new Brady outline. Strategies will be addressed for how best to handle the appearance of a Brady issue in order to maximize the effectiveness of the remedy you can get for your client. We will also discuss patterns and trends in Brady violations in the District of Columbia. PRISONER DESIGNATION AND VOLUNTARY SURRENDER Thursday, July 12, 2012 Brian Roberts, Coordinator, Institutional Services Program Dr. Rainey Brandt, Special Counsel, D.C. Superior Court Additional Presenter(s) TBD This session will provide attorneys with a working knowledge of how the Federal Bureau of Prisons (BOP) designates District of Columbia Code offenders within the federal system. Information about ways to obtain the best placement for clients will be discussed. In particular will be covered the effect that information contained in the Pre-Sentence Report can have on the future status of clients within the BOP. The program will also address the process for voluntary surrender, which allows defendants to remain in the community following sentencing and to selfsurrender to the designated BOP facility.
8 THE ELECTRONIC COURTROOM: TRIAL PRESENTATION USING TODAY S TECHNOLOGY Tuesday, July 17, 2012 Brendan Wells, Deputy Chief, Investigations Division Matt Hanna, Staff Investigator, Investigations Division Courtroom technology has come a long way in the past few years. More and more, juries are relying on visual evidence to make important decisions at trial. Many attorneys may feel they lack the knowledge and resources to use technology to improve the presentation of their case. This session will demonstrate simple methods and techniques for presenting your case using equipment and software you may already have or can affordably purchase. We will walk you through digitizing your case files, setting up presentation equipment and effectively utilizing trial presentation software for your ipad ( Trial Pad ) and laptop ( PowerPoint ). PAROLE REVOCATION ISSUES: A NEW PADILLA? Wednesday, July 18, 2012 Olinda Moyd, Chief, Parole Division Sean Brebbia, Staff Attorney, Parole Division Grey Gardner, Attorney at Law Is failing to inform your client that a guilty plea may result in a significant hit from the United States Parole Commission ineffective assistance? The potential ramifications that may arise for a client who is on papers presents a significant challenge for effective representation. Determining the increased sentencing exposure for a client on parole or supervised release, especially for those charged with a misdemeanor, is not an easy task. A host of factors must be considered when advising a client on the decision to plead. This session will cover how to determine the salient factor score and will provide examples so that you may feel confident in properly advising your clients during the plea-bargaining process.
9 ETHICAL CONSIDERATIONS WHEN LITIGATING AN INEFFECTIVE ASSISTANCE CLAIM Thursday, July 19, 2012 Julia Leighton, General Counsel Alec Karakatsanis, Staff Attorney, Special Litigation Division You re the subject of an ineffective assistance of counsel claim or you ve been appointed to represent a client making an IAC claim. Now what? Ethically one of the most important considerations in this process for an attorney in either position is protecting the client s confidences and secrets. Discussed will be some of the claims that the client may make for the purpose of withdrawing a plea or getting a new trial. We will review how to litigate protective orders and how to manage disclosures and the evidentiary hearing once the final motion is filed so that the client may be protected while his or her goals are pursued. For the attorney prosecuting the motion on behalf of the client, we will examine the steps to take when appointed, including assessing the viability of the claim, assessing the client s goals, identifying any issues the client may have missed, and filing the final motion. APPELLATE COURT ROUND-UP: RECENT DEVELOPMENTS IN THE DCCA AND SUPREME COURT AFFECTING DC CRIMINAL PRACTICE Tuesday, July 24, 2012 Jonathan Anderson, Staff Attorney, Appellate Division Alice Wang, Supervising Attorney, Appellate Division Come and learn about the most recent important Supreme Court and District of Columbia appellate cases impacting criminal defense. Discussion will include cases involving the suppression of statements, search and seizure, ineffective assistance of counsel, the Confrontation Clause and late disclosure of Brady.
10 SYSTEMIC REFORM LITIGATION IN THE DISTRICT OF COLUMBIA Wednesday, July 25, 2012 Tara Mikkilineni, Staff Attorney, Special Litigation Division Additional Presenter(s) TBD This session will explore civil rights and other systemic issues that arise in the course of criminal litigation. Issues discussed will include onerous pretrial and post-trial conditions of detention and release, such as sex offender conditions. Also covered will be system reform and civil rights litigation begun in the District of Columbia courts, including efforts to combat the Metropolitan Police Department s use of civil forfeiture laws to seize property. Please join us for an open discussion about the types of systemic issues that may arise in your cases. COMPASSION FATIGUE: TAKING CARE OF YOU, TAKING CARE OF ME Thursday, July 26, 2012 Denise Perme, Manager, Lawyer Assistance Program, D.C. Bar Niki Irish, Senior Counselor, Lawyer Assistance Program, D.C. Bar Criminal defense attorneys are like jugglers, with many balls in the air at once: clients, law practice management and family, just to name a few. But what about the attorneys themselves? How do you find time to take care of yourself? Everyone gets stressed out, but how do you differentiate between normal stress and that which will harm you both physically and professionally over time? This session will turn the focus on you, and how you can be a better attorney and person. It will include an ethics component, particularly how stress and compassion fatigue can negatively impact your practice. It will also examine how you can reduce your stress level in ways that will easily fit into your daily routine. This session is a must for any criminal defense attorney.
11 2012 PUBLIC DEFENDER SERVICE CRIMINAL DEFENDER TRAINING PROGRAM SUMMER SERIES Registration Form Please note that this is a two-page registration form and that your registration will not be considered complete until both pages are received. You can register online, via or through regular mail. You may also drop off by hand your registration at the address below. Register online at: or Register via to: Register via mail at: Public Defender Service c/o Criminal Defender Training Summer Series 633 Indiana Avenue, NW Suite 248 Washington, DC Please complete the following: Name: Bar Number: Title: Organization: Address: City: State: Zip Code: Telephone: Fax: (please type) Registrations are due by May 25, 2012, for June sessions and by June 22, 2012, for July sessions. Space is limited, particularly for the brown bag luncheons, so please register early to guarantee seating. Late registrations will be accepted on a space-available basis. Course materials will not be given out at the sessions, but will be available before each session on the web at All sessions are free. Evening sessions will begin promptly at 5:30 p.m. Lunchtime sessions will begin promptly at 12:30 p.m. Please note that the doors to the building will close at 6:00 p.m. and that participants arriving after 6:00 p.m. for the evening sessions will not be granted entrance. CLE credits are available. Please note that the evening sessions will run for two (2) hours. The brown bag sessions will run for one-and-one-half hours (1.5). CLE credit will be authorized accordingly.
12 Seminar Date Time Attendance (Check) The Fourth Amendment: Evening 1 6/5/2012 The Fourth Amendment: Evening 2 6/6/2012 The Fourth Amendment: Evening 3 6/7/2012 Defense Investigation: Evening 1 6/12/2012 Defense Investigation: Evening 2 6/13/2012 Defense Investigation: Evening 3 6/14/2012 The Fifth Amendment: Evening 1 6/19/2012 The Fifth Amendment: Evening 2 6/20/2012 The Fifth Amendment: Evening 3 6/21/2012 The Non-Traditional Client: Evening 1 6/26/2012 The Non-Traditional Client: Evening 2 6/27/2012 The Non-Traditional Client: Evening 3 6/28/2012 Litigating Brady Issues in Superior Court 7/11/2012 Prisoner Designation and Voluntary Surrender 7/12/2012 The Electronic Courtroom: Trial Presentation Using Today s Technology 7/17/2012 Parole Revocation Issues: A New Padilla? 7/18/2012 Ethical Considerations When Litigating an Ineffective Assistance Claim Appellate Court Round-Up: Recent Developments in the DCCA and Supreme Court Affecting DC Criminal Practice 7/19/2012 7/24/2012 Systemic Reform Litigation in the District of Columbia 7/25/2012 Compassion Fatigue: Taking Care of You, Taking Care of Me 7/26/2012