SARAH A. MOURER. Clinical Director, Miami Law Death Penalty Clinic

Transcription

1 SARAH A. MOURER ASSOCIATE PROFESSOR, CLINICAL LEGAL EDUCATION UNIVERSITY OF MIAMI SCHOOL OF LAW 3000 Biscayne Blvd, Suite 100 Miami, FL 33137, EXPERIENCE Clinical Director, Miami Law Innocence Clinic University of Miami School of Law, Coral Gables, Florida June 2010 present. Direct and supervise nationally recognized Innocence Project. Live-client representation and post-conviction relief. Close to 1000 cases screened. First law school in Florida to be accepted into the National Network of Innocence Projects. Students investigate claims of actual innocence from screening to investigation through litigation of post-conviction claims. Students uncovered recanting sex abuse victims, new defense eyewitnesses, and faulty medical evidence. Clinic students, under my supervision, files post-conviction motions routinely. Miami Law Innocence Clinic is the only resource in Florida for innocent inmates without biological evidence because we take non-dna cases. Clinical Director, Miami Law Death Penalty Clinic University of Miami School of Law, Coral Gables, FL August 2010 present. Provide live-client representation to capital or death row inmates. Clinic participation obtained jury recommendation for life sentence for clinic client Grady Nelson. Students, under my supervision, are involved in active client representation in death penalty cases, including litigation, motion writing and all aspects of investigation and mitigation preparation. Clinic clients routinely obtain waivers of the death penalty or life pleas as a result of the work of clinic students. Students regularly report that the participation in the clinic is life changing for them or has changed their outlook on the world in some significant way. Interim Director Litigation Skills Program University of Miami School of Law, Coral Gables, Florida June 2009 May Directed large trial and pre-trial advocacy program. Taught weekly classroom component with curriculum of trial and pre-trial skills ranging from deposition taking to closing arguments. Supervised intensive classroom exercises comprised of simulated courtroom skills that were reviewed by over seventy of the community s top litigators and most respected state and federal judges. This skills program is taken by over 80% of the student body. 1 P a g e

2 Assistant Professor of Clinical Legal Education Supervisor, Co-Director, Clinical Placement (Externship) Program, University of Miami School of Law, Coral Gables, Florida, August 2004 August Supervised and co-directed large scale clinical externship program, Supervision of students who work as legal externs at numerous government agencies throughout the community, the nation and internationally. Evaluation, supervision and training of attorneys in the field who supervise students in the program. Taught concurrent course with curriculum focusing on workplace skills, criminal law, professionalism, trial and pretrial skills, law student well-being and general lawyering skills. Maintained supervisory duties of students in criminal placements while serving as acting director of Litigation Skills Program. Adjunct Professor, Lawyering Skills and Values, III and IV Nova Southeastern University, Shepard Broad Law Center Fort Lauderdale, Florida, August 2002 May Taught large lecture class of second year students in basic civil pretrial and trial skills. Class involved several simulated trial and pre-trial exercises, and a final mock trial performed by the students. Training Attorney, Felony Division Dade County Public Defender, Miami, Florida, January 2002 July 2002 Trained and supervised felony attorneys in the felony division in pre-trial and trial skills. Duties included training felony attorneys on deposition practice, interviewing, motion practice, research writing, courtroom demeanor, and all trial and courtroom skills. Responsibilities included conducting first series of jury trials with all new felony attorneys to provide mentoring, feedback, and instruction on improvement. Trial Attorney Dade County Public Defender, Miami, Florida, August 1993 January 2002 Extensive trial practice, motion practice, and litigation. Number of cases tried is in excess of 75. Range of cases includes death cases, all levels of homicides, misdemeanors, sanity cases, competency cases, traffic cases, and all levels of felonies. Trial preparation from arrest to sentencing. Divisions include juvenile, traffic, misdemeanor, and felony. Appeared before the majority of judges in Dade County criminal court. 2 P a g e

3 TEACHING Wrongful Convictions: Causes and Remedies University of Miami School of Law, fall 2010 present. This course is a look into the innocence revolution. Sometimes known as the "DNA Revolution" this course will look at scientific and forensic evidence, DNA and privacy issues. The class also addresses other sources of wrongful conviction including informants, prosecutorial misconduct, false confessions, and mistaken identification. The course will then consider procedural vehicles for, and barriers to, bringing a claim to innocence including writs of habeas corpus and coram nobis. Barriers include the "doctrine of finality" and limitations founds in federal law and case law such as In Re Troy Davis. Finally, the class will look at extrajudicial remedies for the wrongfully convicted, such as clemency, commutation, and the prospect of a "Florida Innocence Commission" and its potential effect. This workshop is a companion course to the Miami Law Innocence Clinic. This workshop is open to all 2L's and 3L's and has no prerequisites. Death Penalty Clinic Seminar University of Miami School of Law, August 2010 present. In this companion course to the Miami Law Death Penalty Clinic, student examine substantive death penalty law with a focus on mitigation, aggravation, jury instructions, interviewing, chronic emotional trauma, and traumatic brain injury. The course also encourages student opportunities for reflection on the death penalty general and its attendant moral and social concerns. Litigation Skills University of Miami School of Law, fall 2009 May Lecture class of 150 students on trial and pretrial advocacy skills ranging from direct and cross examination, to depositions and pleadings. Clinical Placement and Theory Seminar University of Miami School of Law, fall 2000 summer The primary goals of the seminar include: helping the students grow professionally through reflective analysis and critical thinking regarding their experiences in the Clinical Placement Program, and improving students litigation skills through advanced skills training. 3 P a g e

4 Substantive Criminal Law University of Miami School of Law, spring 2008, spring 2009, and fall This is a survey course designed to introduce students to substantive criminal law from both theoretical and practical viewpoints. The course is an overview of the principles that underlie the criminal justice system and analyzes what conduct may properly be defined as criminal. We consider issues such as: theories of punishment, culpability, causation, homicide, rape, and defenses to crimes. Class routinely has enrollment of 144 students. Lecturer, National Institute for Trial Advocacy Teacher Certified, San Francisco, CA November NITA training includes rigorous simulated training in trial skills. Instruction includes videotaping and detailed feedback and critiques of the students performances. NITA students are generally experienced trial attorneys. My experience as NITA faculty also includes several presentations and lectures for large groups of NITA students on closing argument, expert witnesses, case analysis, and case reflections. I am pleased to have participated in NITA s pilot program to contract with the Department of Homeland Security to train all of the nation s DHS attorneys in improving their level of trial practice. I continued to participate in the resulting trial training for DHS which represents the largest scale trial training NITA has ever done. TRIAL ADVOCACY TRAINING Instructor, National Institute for Trial Advocacy and American Bar Association Section of Litigation, Critical Trial Skills for Legal Services Attorneys Training, Miami, FL, May Instructor, National Institute for Trial Advocacy, DHS/ICE Trial Training Pilot Program, Miami, FL, June Instructor, National Institute for Trial Advocacy, DHS/ICE Trial Training Program, Louiseville, CO, August 18 20, Instructor, National Institute for Trial Advocacy, DHS/ICE Trial Training Program, Louiseville, CO, August 20 22, Instructor, National Institute for Trial Advocacy, Deposition Training for Legal Services Attorneys Training, Orlando, FL, December P a g e

5 Faculty, LSU Trial Advocacy Training Program, Louisiana State University, August 2009 SCHOLARSHIP Sarah A. Mourer, Forgetting Furman: Arbitrary Death Penalty Sentencing Schemes across the Nation, (in progress). Working In Innocence Programs: Everything You Always Wanted To Know About Innocence Work But Were Afraid To Ask by Sarah A. Mourer (Vandeplas Publishing, LLC) (January 2013) ISBN o Available on Amazon or other book stores including University of Miami Bookstore o Also available from publisher o This book is a guide for students who are either in an innocence program or considering participation in one. It provides step by step instructions on how to best handle innocence work issues. It is also meant as a guide for anyone who wishes to create a new innocence program. It will point the reader in the right direction to insure that a new program utilizes the best practices. Sarah A. Mourer, Study, Support, and Save: Teaching Sensitivity in the Law School Death Penalty Clinic, in press with U. Miami L., Rev (2013) Winter Edition Sarah Anne Mourer, Gateway to Justice: Constitutional Claims to Actual Innocence, 64 U. Miami L., Rev 1279 (2010). o Hall, Cohen, and Adelman, authors of Criminal Procedure: The Post-Investigative Process: Cases and Materials are using this article in their forthcoming 4 th addition for most of their chapter discussing the Troy Davis case. Sarah Anne Mourer, Reforming Eyewitness Identification Procedures under the Fourth Amendment, 3 Duke J. Const. L. & Pub. Pol y 49 (2008). o This article was used by the Florida Innocence Commission in its evaluation of Florida s problems with its policies and procedures regarding eyewitness identification 5 P a g e

6 SELECT PRESENTATIONS / LECTURES Presenter/Lecturer/Keynote Speaker, Principles of Closing Argument, National Institute for Trial Advocacy, DHS/ICE Trial Training Program, Louiseville, CO, August 22, Presenter/Lecturer, Examination of Experts, National Institute for Trial Advocacy, DHS/ICE Trial Training Pilot Program, Miami, FL, June Speaker, Reforming Eyewitness Identification Procedures under the Fourth Amendment, Training, Dade County Public Defender s Office, February 12, Speaker, Wrongful Convictions and What You Can Do to Prevent Them, University of Miami School of Law, October Speaker, Motions for Post-Conviction Relief: A Screening Training, University of Miami School of Law, November Presenter, Concurrent Session, The Clinical Externship s Role in Value Clarification, 2007 AALS Workshop on Clinical Legal Education. Presenter, Poster Presentation, The Role of the Classroom in the Clinical Externship, 2007 AALS Workshop on Clinical Legal Education. Bar Review Lecture, Criminal Law and Procedure, University of Miami School of Law, May Presenter, The Clinical Externship s Role in Balanced Lawyering, XXXIst International Congress on Law and Mental Health, New York University School of Law, July Presenter, Collaboration in Progress: Facilitating a productive critical dialogue among clinical peers in rounds discussion, 2009 AALS Conference on Clinical Legal Education, Cleveland, Ohio, May Panelist, Ethical Issues in Criminal Defense, Center for Ethics and Public Service and The Lewis B. Freeman & Partners Leadership and Luncheon Series, September 15, P a g e

7 Speaker, A Discussion with Freddie Lee Pitts with comments from Professor Donald Jones and Professor Sarah Mourer, University of Miami Wrongful Convictions Project, fall Speaker, Race to Execution, We the People HOPE series, spring Panelist, Panel on Gideon in the 21st Century: Laboring to Uphold the Sixth Amendment through Impact Litigation and Pro Bono Representation, University of Miami, Equal Justice Works AmeriCorps, Ensuring Equal Justice Initiative, Law Offices of Carlos J. Martinez, Public Defender, November 2, Speaker, False Confessions, Wrongful Convictions Project, Lunch & Learn Series, January 25, 2011 Panelist, Wrongful Convictions Panel, discussing suggestive eyewitness identification procedures, presented by University of Miami Innocence Clinic, panel included Steve Drizin, Keith Findley, Rob Scher and Billy Corbin, October 28, Panelist, The Future of the Death Penalty in America, Miami Law Review Symposium, February 17, Speaker, Roundtable Discussion, Maintaining Student Enthusiasm in Innocence Projects, 2012 Innocence Network Conference, Kansas City, MO, April Speaker, The Death Penalty in Florida, Wrongful Convictions Project, Lunch & Learn Series, February Speaker, Forgetting Furman: Arbitrary Death Penalty Sentencing Schemes across the Nation, Law and Public Policy Speaker Series, University of Miami School of Law, September SERVICE Public Service Award, awarded for providing outstanding pro bono service to the underprivileged by the Dade County Public Defender s Office Equal Justice Program, spring P a g e

8 Abolition by 2025, national organization including representatives from Amnesty International, ACLU, Catholic Charities, Public Defenders, Private Attorneys, academics, and other activists developing a policy initiative to abolish the death penalty in Florida. September 2011 present. Criminal Law, Trial Advocacy, and Wrongful Conviction Expert, Law Without Walls (LWOW). Spring 2011 present. Faculty Coach (with Professor Terence Anderson and Jim Gailey, Esq), University of Miami Mock Trial Team, spring 2009 present Policy Point Person, National Innocence Project. Attend annual meetings and strategize regarding ways to proactively prevent wrongful convictions with the National Innocence Project Faculty Coach, National Association of Criminal Defense Lawyers Trial Competition, Boston MA, October 2006 Faculty Coach, Fifteenth Annual Wechsler First Amendment Moot Court Competition, 2008 Judge, National Association of Criminal Defense Lawyers Trial Competition, Key West FL, October Admissions Committee, fall , Dean s Selection Group for Public Interest Awards, Admissions Committee, fall 2011 present Board of Directors, Doctor s Charter School of Miami Shores o Governance of all operations at public charter school in North Miami. Committee Member, Open and Affirming Task Force, Miami Shores Community Church. o Prepare referendum to add to church charter to declare the church s philosophy of welcoming all people, in particular members of the LGBT community. 8 P a g e

9 Director of Clinical Operations, Florida Capital Resource Center o November 2010 Present. 100 North Biscayne Boulevard, Suite #3070, Miami FL Direct all clinical operations operating in conjunction with Florida Capital Resource center across the state. The Florida Capital Resource Center is a non-profit, nonpartisan organization that does not embrace a political stance either for or against the death penalty. Instead, Florida Capital Resource Center is aimed at providing extensive resources to facilitate the defense and mitigation of capital murder cases in Florida, and to make these resources available to defense attorneys statewide, thereby decreasing the cost of these cases to the state. Florida Capital Resource Center is dedicated to collecting and sharing the best possible legal resources in an economical manner with attorneys that are defending capital cases Board of Deacons, Miami Shores Community Church. o Assist ill and elderly church members who are unable to travel to church stay in touch with church activities and provide them with companionship and support. PROFESSIONAL AFFILIATIONS National Institute of Trial Advocacy: Trainer, Faculty, and Lecturer American Bar Association Litigation Section National Association of Criminal Defense Lawyers Clinical Legal Education Association Florida Association of Criminal Defense Lawyers American Civil Liberties Union AALS: Clinical Section Death Penalty Task Force Innocence Network Working Group Innocence Network Amicus Committee Innocence Network Policy Point Person ABA: Death Penalty Committee 9 P a g e

10 EDUCATION The University of Miami School of Law, Coral Gables, Florida. August 1990 May 1993, Juris Doctor, Cum Laude Ewald Scholar, awarded for skill and high ethical standards in trial advocacy. Student Honors Program, Law and the Homeless National Mock Trial Competition The University of Florida, Gainesville, Florida. August 1986 May 1990 Bachelor of Science in Psychology Honor Society of Phi Kappa Phi 10 P a g e