2 LACDL 25th Annual Law & All That Jazz Seminar Agenda Thursday, April 23, 2015 (6 hours) 8:30-9:00 a.m. Registration & Breakfast (Lafitte Pre-function) 9:00-9:15 a.m. Welcome (Lafitte AB) 9:15-10:15 a.m. Latest Hits from the Supremes, Gerald Goldstein, San Antonio, TX (Lafitte AB) 10:15-10:30 a.m. Break 10:30-11:30 a.m. What Criminal Lawyers Need to Know About 1983 Actions, David Lane, Denver, CO (Lafitte AB) 11:30 a.m.-1:00 p.m. Lunch (on your own) 1:00-2:00 p.m. The Defense Role in Pretrial & Trial Publicity in the Midst of Modern Technology, William H. Billy Murphy, Jr., Baltimore, MD (Lafitte AB) 2:00-3:00 p.m. Excerpts from Cases Citing the NAS Report, Steve Benjamin, Richmond, VA (Lafitte AB) 3:00-3:15 p.m. Break 3:15-4:15 p.m. Cell Phone & Computer Forensics, E.X. Martin, Dallas, TX (Lafitte AB) 4:15-5:15 p.m. Debunking Cellular Phone Tracking, Aaron Romano, Bloomfield, CT (Lafitte AB) 6:30 p.m. Reception at the Bourbon Cowboy, 241 Bourbon St., New Orleans, LA Friday, April 24, 2015 (3 hours) 8:30-9:00 a.m. Registration & Breakfast (Lafitte Pre-function) 9:00-10:00 a.m. Ethics: If It Don t Feel Right, Don t Do It, Mike Stepanian, San Francisco, CA (Lafitte AB) 10:00-11:00 a.m. Get the Car Back and the Money Too, Stephen Komie, Chicago, IL (Lafitte AB) 11:00-11:15 a.m. Break 11:15 a.m.-12:15 p.m. Law to Take to the Courtroom, Edward Mallett, Houston, TX (Lafitte AB) 12:30-1:30 p.m. LACDL 2nd Quarter Board Meeting (Holmes A) Saturday, April 25, 2015 (3 hours) 8:30-9:00 a.m. Registration & Breakfast (Lafitte Pre-function) 9:00-10:00 a.m. Standardized Field Sobriety Testing, Glynn Delatte, Baton Rouge, LA (Lafitte AB) 10:00-11:00 a.m. Real Conviction Integrity: Getting Prosecutors to Play By the Rules, Barry Scheck, New York, NY (Lafitte AB) 11:00-11:15 a.m. Break 11:15 a.m.-12:15 p.m. Professionalism: How to Handle Difficult Clients with the Worst Cases, Lisa Wayne, Denver, CO and Carrie Thompson, Colorado Springs, CO (Lafitte AB)
3 Pass the Buck & Wrangle Up Some Fun! Join us for mingling, cocktails and good eats at the Thursday Night Welcome Reception Bourbon Cowboy 241 Bourbon St., New Orleans, LA Thursday, April 23, :30-8:30 p.m. From Hyatt French Quarter: Head northwest on Bourbon toward Bienville St. Destination will be on the left. Come for the CLE, Stay for the Jazz! The April lineup features ar sts such as: The Who, Jimmy Buffe, John Legend, Keith Urban, Tony Benne & Lady Gaga, and more! Please visit for more informa on.
4 About Our Speakers Gerald Goldstein, San Antonio, TX, (Latest Hits from the Supremes) works at the state and federal trial and appellate level. His is currently an adjunct professor of law at St. Mary s University School of Law and the University of Texas School of Law. He is a past president of the NACDL and the Texas Criminal Defense Lawyers Association, along with participation in many other criminal and trial lawyers associations. Mr. Goldstein has received the John Henry Faulk Civil Libertarian of the Year Award from the ACLU and has received awards for Outstanding Criminal Defense Attorney from both the NACDL and the State Bar of Texas. David Lane, Denver, CO (What Criminal Lawyers Need to Know About 1983 Actions) is in private practice in Denver. His practice is limited to criminal defense and civil rights litigation. He practices both at the trial and appellate levels, and have argued before the United States Supreme Court as well as numerous state supreme courts and United States Courts of Appeal. The criminal practice involves all types of cases from complex white collar work in federal court to basic state court felonies. The practice emphasizes death penalty trial work in the state and federal courts. The civil rights component of the practice includes First Amendment cases, Title VII race, age, sex, religious discrimination, as well as Section 1983 and Bivens litigation. He has taken many state court-appointed death penalty cases and is on the list of qualified attorneys for CJA court-appointments for federal court capital appointments both at the trial and post-conviction stages. He currently represents five Guantanamo Bay detainees. He has been qualified by numerous district courts in Colorado as an expert witness in the area of criminal defense. Since 1989 David Lane has taught either at the University of Colorado School of Law, where he teaches Professional Responsibility, Trial Advocacy and Death Penalty Jurisprudence, or the University of Denver School of Law where he teaches both Death Penalty Jurisprudence and First Amendment Jurisprudence. He is a frequent lecturer on issues involving either the death penalty or civil rights at many colleges and universities and other public venues. Mr. Lane lectured throughout the country in over 50 cities on the Colorado Method of Jury Selection in Capital Cases. William H. Billy Murphy, Jr., Baltimore, MD (The Defense Role in Pretrial & Trial Publicity in the Midst of Modern Technology) is the founder and a senior partner of Murphy, Falcon & Murphy in Baltimore. In addition to his active trial work and ongoing caseload, Judge Murphy also serves as the informal elder statesman of the firm. With more than 42 years of practice in state courts, Judge Murphy has been successful in over 90% of his state court cases and over 40% of his federal cases. His 1998 victory for boxing promoter Don King became a legendary case in sports history and garnered wide-spread attention throughout the nation. In a case of wire fraud charges brought on by UK-based bank, Lloyd s of London, Judge Murphy defended Mr. King s participation in fraudulently claiming $350,000 of refunds from a cancelled boxing match. Through his extensive knowledge on the case and fearless cross-examination of Mr. King s former accountant, all nine counts were ultimately dismissed. Murphy was undergraduate engineering student at the Massachusetts Institute of Technology and had early jobs at a leading aerospace company. After, Murphy decided to continue his family s heritage of service through the legal profession back home in Baltimore. In 1966, he entered the University of Maryland School of Law. At University of Maryland, he was a member of the Law Review and founded the University of Maryland chapter of BLSA (Black Law Students Association). After ten years of building a thriving practice as a superstar attorney, he successfully ran for judge of the Circuit Court for Baltimore City in In 1983 he resigned and returned to his true passion: litigation. He has been perfecting this craft ever since. In 2004, Murphy received the Charles Hamilton Houston Award for Lifetime Achievement in Litigation. Steve Benjamin, Richmond, VA (Excerpts from Cases Citing the NAS Report) is the founding partner of Benjamin & DesPortes. He also serves as Special Counsel to the Virginia Senate Courts of Justice (Judiciary) Committee, and is a member of the Virginia Board of Forensic Science and the Virginia Indigent Defense Commission. He is the Immediate Past President of the National Association of Criminal Defense Lawyers, a Fellow of the American Board of Criminal Lawyers, and a Past President of the Virginia Association of Criminal Defense Lawyers. Mr. Benjamin was counsel in the landmark Virginia Supreme Court decision recognizing a constitutional right to forensic expert assistance at state expense for indigent defendants. In other cases, he argued through the trial courts and on appeal that Virginia's mandatory fee caps on compensation for court-appointed counsel deprived indigent defendants of conflict-free representation, and he led the litigation and legislative effort to abolish those caps. At the request of the Virginia Supreme Court, he helped establish and chair an annual Advanced Indigent Defense Training Seminar to draw top lecturers from across the country to train Virginia's defenders at no cost. With his law partner, he won the non-dna exoneration and release of a man serving a life sentence for a murder he did not commit, and he argued in the United States Supreme Court that a Richmond trespassing policy violated the free speech rights of public housing residents. When biological evidence was discovered in twenty years of old case files stored in Virginia's crime laboratories, he helped persuade state political leadership to order statewide DNA testing. When the pace of that testing stalled, he worked to obtain the passage of two successive bills mandating effective notification of interested parties that this new evidence had been discovered. He is a recipient of the Virginia State Bar's Lewis F. Powell Pro Bono Award in recognition of his years of indigent defense and efforts toward indigent defense reform. He is a frequent lecturer on criminal justice and defense issues.
5 About Our Speakers E. X. Martin, Dallas, TX (Cell Phone & Computer Forensics) has been practicing criminal law in state and federal courts for over forty years. He is in private practice in Dallas, Texas. He has successfully represented a spectrum of clients including both N.F.L. team owners and players, country and western stars, and best of all the production manager for the Rolling Stones. He is a respected trial lawyer and computer guru. E. X. is an extraordinary lecturer at criminal defense seminar and has spoken in over 40 states on defending computer crime cases, admissibility of digital or electronic evidence, and on using technology both in the office and the courtroom to effectively represent the citizen accused. He has received the President s Commendation Award from the National Association of Criminal Defense Lawyer s and the Presidential Award from the Texas Criminal Defense Lawyers Association Aaron Romano, Bloomfield, CT (Debunking Cellular Phone Tracking) spent his youth in and out of the back of police cars, but went on to attend and graduate from Bard College attended the University of Pennsylvania School of Law. After his tenure with the Philadelphia Defender Association he moved to the Commonwealth of the Northern Mariana Islands and worked as an Assistant Attorney General prosecuting major crimes. Island hopping in St. Thomas, Virgin Islands grew old and he returned to Connecticut to manage his firm in his hometown of Bloomfield, CT, where his reappearance was a shock to the local police department. Attorney Romano has tried hundreds of cases and achieved outstanding results for his clients throughout his career. He has been a nationally recognized guest lecturer on trial advocacy and defeating cellular telephone tracking evidence at Continuing Legal Education courses across the country. Attorney Romano is a Lifetime Member of the National Association of Criminal Defense Lawyers, a Lifetime Member of the National Organization for the Reform of Marijuana Laws (NORML) Legal Committee, a member of the Connecticut Criminal Defense Lawyer's Association, a member of Law Enforcement Against Prohibition (LEAP) a member of the U.S. Virgin Island's Bar Association, and serves as legal counsel for the Connecticut NORML chapter. Attorney Romano is licensed to practice in Connecticut (Federal & State), the Commonwealth of Pennsylvania, the U.S. Virgin Islands (Federal/Territorial), the Second Circuit Court of Appeals, and the United States Supreme Court. Michael Stepanian, San Francisco, CA (Ethics: If It Don t Feel Right, Don t Do It) has practiced criminal law in Federal and State Courts throughout his long career. He has never lost his enthusiasm for the courtroom or his clients. Michael has spoken on ethics at NACDL and NORML Legal Committee seminars across the country. Throughout the years, Michael has represented lawyers and clients for thorny ethical issues. As a member of the Northern District of California CJA Panel for many years, Michael was awarded the opportunity of representing the most difficult clients and has tried many interesting and complex cases. Besides trying cases, Michael lives for hunting and fishing redfish and drum in the Bayous. Stephen M. Komie, Chicago, IL (Get the Car Back and the Money Too) is the principal lawyer and founder of Komie and Associates in Chicago, Illinois. Stephen Komie s bar admissions include: Illinois, U. S. Supreme Court, U. S. Court of Appeals, Sixth, Seventh and Eighth Circuits, U. S. District Court, Central, Northern and Southern Districts of Illinois, U.S. District Court, Northern District of Indiana, U. S. District Court, Eastern District of Michigan, U. S. District Court, Eastern District of Missouri, U. S. Tax Court and Illinois Supreme Court. Edward Mallett, Houston, TX (Law to Take to the Courtroom) is Partner in the Houston-based criminal defense law firm of Mallett Saper Berg, LLP. He is licensed by the States of Texas and New York, the United States Supreme Court, the United States Court of Appeals for Military cases, the United States Courts of Appeals for the Second, Fifth, Eighth, Ninth, Tenth, and Eleventh Circuits, the Federal District of Arizona, and all United States District Courts in Texas. He is Board-Certified in Criminal Law by the Texas Board of Legal Specialization. Mr. Mallett was President of the Foundation for Criminal Justice from 2005 to 2010 and currently serves as a Trustee. He is a past President of the NACDL, TCDLA and Harris County Criminal Defense Lawyers Associations, and is a Fellow of the American Board of Criminal Lawyers. Mr. Mallett is listed in The Best Lawyers in America, the Texas Monthly Super Lawyers, and the Best Lawyers in Houston. Mallet is the author of Federal Criminal Rules and Codes, Jones McClure Publishing, Mr. Mallett received his B.A. from Dartmouth College, attended the Graduate School of Business at the University of Chicago, and received his law degree from the University of Texas. He has taught at the National Criminal Defense College, the National White Collar Crime Defense College, and the University of Houston School of Law.
6 About Our Speakers Glynn Delatte, Baton Rouge, LA (Standardized Field Sobriety Testing) is a Member of Delatte, Edwards & Marcantel, A Professional Association, a law firm in Baton Rouge, LA. As a lawyer in Baton Rouge, Louisiana, attorney Delatte serves East Baton Rouge County, as well as clients throughout Louisiana. Delatte has personally handled or been a consultant in a thousand or more DWI/DUI related cases throughout Southern Louisiana. He is the only attorney in Louisiana who has been qualified in State District Court to testify as an Expert Witness in the area of NHTSA Standardized Field Sobriety Testing, Police Procedure and Arrest Techniques in Apprehension of the Drunk Driver, and in the proper use and Administration of the Intoxilyzer 5000 Breath Test. He is the only attorney in Louisiana who is a NHTSA and DOT Certified Instructor in Standardized Field Sobriety Testing. He has his own an Intoxilyzer 5000 and has held a certification to operate breath testing machines in Louisiana since He is a retired Louisiana State Police Trooper with over 20 years of law enforcement experience. He has over 1000 DWI arrests and apprehensions to his credit. As a trooper, he was nationally recognized by NHTSA and the Louisiana Chapter of MADD for his accomplishments in this area. Education: He was admitted to the Louisiana Bar in He is a graduate of Louisiana State University BS 1992, Southern University Law Center JD He is a member of the Baton Rouge, Louisiana State and American Bar Associations; Baton Rouge Criminal Defense Bar; Louisiana Criminal Defense Lawyers; Louisiana Trial Lawyers Association; and the National College for DUI Defense. He maintains a cutting edge DWI practice by regularly attending DWI Seminars throughout the country and obtaining approximately 75 or more hours of continuing legal education credits per year. His areas of related practice include criminal law, with emphasis on DWI, alcohol and drug related offenses, personal injury cases and administrative law matters. Barry C. Scheck, New York, NY (Real Conviction Integrity: Getting Prosecutors to Play By the Rules) is a Professor of Law at the Benjamin N. Cardozo School of Law in New York City. In his thirty-seven years on the Cardozo faculty, he served as the Director of Clinical Education, Co-Director of the Trial Advocacy Programs, and the Jacob Burns Center for the Study of Law and Ethics. He worked for three-years as a staff attorney at The Legal Aid Society in New York City before joining the faculty at Cardozo. Barry C. Scheck and his colleague Peter Neufeld, Co-Founded and Co-Direct the Innocence Project, an independent nonprofit organization closely affiliated with Cardozo Law School, which uses DNA evidence to exonerate the wrongly convicted. The Project also assists police, prosecutors, and defense attorneys in trying to bring about reform in many areas of the criminal justice system, including eyewitness identification procedures, interrogation methods, crime laboratory administration, and forensic science research. In its twenty-one years of existence, 325 individuals have been exonerated in the United States through post-conviction DNA testing. You can read about each of these cases at Barry C. Scheck is also a partner in the law firm Neufeld, Scheck & Brustin, LLP (formerly Cochran Neufeld & Scheck, LLP), specializing in civil rights and constitutional litigation. The firm is frequently retained by victims of police brutality, pursuing civil rights claims in the courts and institutional reform. Barry C. Scheck has done extensive trial and appellate litigation in significant civil rights and criminal defense cases. He has published extensively in these areas, including a book with Jim Dwyer and Peter Neufeld entitled, Actual Innocence: When Justice Goes Wrong And How To Make It Right. He has served in prominent positions in many bar associations, including the presidency of the National Association of Criminal Defense Lawyers ( ). Since 1994 he has been a Commissioner on New York State s Forensic Science Review Board, a body that regulates all crime and forensic DNA laboratories in the state. From , he served on the National Institute of Justice's Commission on the Future of DNA Evidence. In 2005 he was a member of the American Judicature Society s National Commission on Forensic Science and Public Policy. In 1971 he received his undergraduate degree from Yale University and in 1974 his law degree from Boalt Hall School of Law, University of California at Berkeley. Don t Miss out on the Louisiana State Bar Association FREE Photo Bar ID Cards Thursday, April 23 & Friday, April 24 8:00 a.m. - 12:00 p.m. NO CHARGE Photo Take On-Site Takes Minutes to Print Visit the Louisiana State Bar Association Booth for Details!
7 About Our Speakers Lisa Wayne, Denver, CO (Professionalism: How to Handle Difficult Clients with the Worst Cases) was born in Toul-Rossieru, France and practices Criminal Law; Drug Crimes; Sexual Assault; Homicide; White Collar Criminal Defense, Admitted 1986, Colorado and U.S. District Court, District of Colorado and completed Law School at Pepperdine University, J.D. She is a member of the Sam Cary Bar Association; Colorado Criminal Defense Bar; National Association of Criminal Defense Attorneys (Current Board Member, 2000, Life Member). She was awarded the Outstanding Female Graduate Pepperdine Law School She is a National Lecturer and Teacher University of Colorado, Cardoza Law School and Harvard Law School. Lisa is a National Television Legal Analyst ABC, CNN, MSNBC and Fox News. She worked for the Colorado State Public Defender, Senior Trial Attorney, Denver Office, Office Head, Pueblo Office, Senior Trial Attorney, Denver Office, and Division Lead, Featured in: Newsweek, Time Magazine, New York Magazine, New York Times, Denver Post, Rocky Mountain News, and Minneapolis Star; Denver Black Magazine. She served as the Chair for the NACDL Continuing Legal Education Committee, Member, Budget Committee, Executive Committee National Association of Criminal Defense Lawyers, Colorado Criminal Defense, Sam Cary Bar Association. She is the recipient of the Robert Heeney NACDL Award, She served on the Colorado Supreme Court Standing Committee and the Colorado Rules for Professional Conduct. She is an Adjunct Law Professor at University of Colorado Law School. She went into private practice in 1999 having practiced as a Senior Trial Lawyer, Deputy State Public Defender in Colorado for 13 years. Ms. Wayne was admitted to the bar in Colorado in Lisa Wayne's recent presentations and publications include titles such as Twelve Good Jurors in 15 minutes, Evaluating Forensic Evidence in a Sexual Assault Allegation, Cross-Examination of the "Alleged" expert at trial, and Winning with Demonstrative Evidence. Carrie Lynn Thompson, Colorado Springs, CO (Professionalism: How to Handle Difficult Clients with the Worst Cases) recently retired from the Colorado State Public Defender s Office and is currently a sole practitioner. Ms. Thompson was the Managing Deputy State Public Defender for the Colorado Springs Office of the Colorado State Public Defender s Office from March 2006 through December 2104, managing and training a staff of 89 people. She began her public defender career in 1987 in the Arapahoe County Office where she practiced for almost eight years. She was then assigned to the Denver County Office for ten years where she served as Division Lead, supervising a division of felony lawyers, handling a felony caseload and coordinating the in-house training. Over her career, Ms. Thompson has lectured and provided training extensively on numerous topics in the field of criminal defense in Colorado and nationally, including a series of lectures on representing clients in high profile cases, entitled, Representing the Monsters-Taking the Jurors from Fears to Tears. She received the David F. Vela Award in 1997 for her extraordinary dedication to the ideals of the Colorado Public Defender System and she was named the Colorado State Public Defender Attorney of the Year in In 2012, Ms. Thompson was recognized by the Colorado Women s Bar Association Foundation, honoring the Second Wave, the second generation of women attorneys who continue to raise the bar after the first generation of women trailblazers. She has served on numerous local and state level criminal justice committees including the State Judicial Advisory Counsel and the State Jury Reform Committee and served as a member of the Community Corrections Board for El Paso and Teller Counties from 2006 through Ms. Thompson served as the president of the Colorado Criminal Defense Bar in and now serves on its legislative policy committee and serves as a board member for the Colorado Criminal Defense Institute. Ms. Thompson is passionate about the promise of problem solving courts in the criminal justice system. While serving as Managing Deputy State Public Defender in the Colorado Springs Office, Ms. Thompson was involved in the creation and early development of the HEALS Court drug court program. The program serves as a post-plea intensive probation program for those offenders who have already obtained several felony convictions. In addition to working with a team of professionals to create the innovative problem solving court, she served as the defense counsel team member for four and half years. Ms. Thompson was also involved in the formation of the mental health court in Colorado Springs. She currently serves on the Training and Education Sub-committee of the Colorado Problem Solving Courts Advisory Committee.
8 Thank you to Our Sponsors & Exhibitors Platinum Sponsor Gold Sponsors Exhibitors DUI Defense Lawyers Association Louisiana State Bar Association Smart Start of Louisiana Woodlake Addiction Recovery Center LACDL P. O. Box Baton Rouge, LA LACDL P.O. BOX BATON ROUGE, LA PHONE: FAX:
3 rd Annual DUI Training AUGUST 26-28, 2013 at the State Bar of Georgia Field Sobriety Tests Breath Tests Ethics and Professionalism Training Adminstrative License Hearings DRE Super Symposium 20 Different
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