2015 Oneida County Assigned Counsel School. Presents. Friday, April 24, 2015

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1 2015 Oneida County Assigned Counsel School Presents CRIMINAL PRACTICE Friday, April 24, 2015 Sponsored by the Oneida County Bar Association In cooperation with the New York State Defenders Association, Inc. Oneida County Public Defender, Criminal Division Oneida County Supplemental Assigned Counsel Program This program is made possible by a grant from the NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES Mohawk Valley Community College 1101 Sherman Drive, Utica, NY Information Technology (IT) 225 9:00 a.m. 4:20 p.m. If attending the Orientation for Oneida County Assigned Counsel Panel members, the program will end at 4:50 p.m. and an extra.5 CLE credit will be awarded in Law Office Management. Registration: 8:30 a.m. 9 a.m. The cost to register is $25. Continental Breakfast and Lunch is included. 7 MCLE Credits: 3 Skills, 2 Professional Practice, 2 Ethics If you will be attending the orientation, please inform us when you register. To register, you may complete the registration sheet at the end of this announcement and fax to Kimberly Flint, Oneida County Supplemental Assigned Counsel Program, 800 Park Avenue, Utica, NY Telephone , Fax or [email protected].

2 CRIMINAL PRACTICE 2015 Oneida County Assigned Counsel School 8:30 a.m. 9:00 a.m. Registration AGENDA 9:00 a.m. 11: 00 a.m. The Antidote for Fear Preparation! Preparation! Preparation! Rob Wells, Esq., Syracuse & Ray Kelly, Esq., Albany 11:15 a.m. 12:15 p.m. The Modern Lawyer Technology & Criminal Law Juan J. Rodriguez, Esq. Federal Public Defender s Office, Syracuse 12:15 p.m. 1:15 p.m. Lunch 1:15 p.m. 2:15 p.m. Prosecutorial Misconduct Prof. John H. Blume Director of Clinical, Advocacy & Skills Program Cornell University College of Law 2:15 p.m. 3:15 p.m. Ethical Obligations and Constitutional Concerns After Frye and Lafler Prof. Todd A. Berger Director, Criminal Defense Clinic Syracuse University College of Law 3:30 p.m. 4:20 p.m. Some Thoughts on Defending, Ray Kelly, Esq. 4:25 p.m. 4:50 p.m. Orientation: Oneida County Assigned Counsel Chad DeFina, Esq. Oneida County Assigned Counsel Administrator Kimberly Strong Flint, Assigned Counsel Office

3 A BIT ABOUT OUR SPEAKERS Prof. Todd A. Berger joined the Syracuse University College of Law faculty in He is currently an Assistant Professor of Law and Director of the Criminal Defense Clinic. Prior to joining the College of Law, he was the founding Managing Attorney of the Federal Prisoner Reentry Project at Rutgers School of Law Camden. Previously, he worked as an assistant public defender with the Defender Association of Philadelphia, representing indigent defendants throughout all stages of the criminal justice system, from preliminary arraignment through trial and postconviction motions. He worked as a supervisor in both the Municipal Court and Felony Waiver Units, assisting new attorneys in trial preparation and courtroom practice. He also served in the Major Trials Unit representing clients in jury trials involving the most serious non homicide felony charges. He was also a Lecturer in Law at the University of Pennsylvania School of Law where he taught the Criminal Defense Clinic. Professor Berger earned a bachelor s degree from the George Washington University and Juris Doctor from Temple University School of Law. He also earned an L.L.M. in Trial Advocacy from Temple University. Prof. John H. Blume serves, with Mark Olive and Denise Young, as Habeas Assistance and Training Counsel (HAT). John is also a Professor at Cornell Law School and the Director of Clinical, Advocacy and Skills Programs and the Cornell Death Penalty Project. At Cornell he teaches Criminal Procedure, Evidence, Federal Appellate Practice and, with Sheri Johnson and Keir Weyble, the Capital Punishment Clinic. A 1984 graduate of the Yale Law School, a 1982 graduate of Yale Divinity School and 1978 graduate of the University of North Carolina, John clerked for the Honorable Thomas A. Clark, United States Court of Appeals for the Eleventh Circuit, following graduation from law school. He is also the former Director of the South Carolina Death Penalty Resource Center ( ). Prof. Blume has argued eight capital cases before the United States Supreme Court, and he has served as co counsel in numerous other cases heard by the Supreme Court. He has also litigated capital cases at the trial level as well as in state post conviction and in federal habeas corpus proceedings in over ten states as well as the U.S. Military. John is co editor, elong with Jordan Steiker, of Death Penalty Stories (Foundation Press 2009) and a co author, along with Rick Lempert, Sam Gross, Jim Liebman, Steven Landsman and Fred Lederer of A Modern Approach to Evidence (4 th edition 2011), and he has authored numerous law review articles and articles for professional journals addressing various topics related to the imposition of the death penalty and to the representation of death sentenced inmates. Ray A. Kelly, Esq., Law Offices of Ray Kelly, Esq., Albany, New York. Mr. Kelly s primary areas of practice are criminal trials and appeals and civil trial practice. He served as a trial consultant for jury selection, cross examination and substantive legal argument for the Diallo trial; was lead capital counsel in death penalty cases under Judiciary Law 35 b; served as Major Crimes Trial Counsel for the Albany County Public Defender s office; was an adjunct

4 This image cannot currently be displayed. faculty member lecturing on Trial Tactics and Advocacy at Albany Law and has been lead counsel in over 280 trials in various civil and criminal cases including eight death penalty cases. Ray has been a guest lecturer and instructor at numerous CLE programs for the New York State Bar Association, the New York State Defenders Association and the New York State Association of Criminal Defense Lawyers. He has written about prosecutorial and defender liability, police and prosecutorial misconduct and authored Preparation, Persuasion and Self: Defending Fellow Human Beings A Criminal Trial Notebook published by the New York State Bar Association. Mr. Kelly received the Denison Ray Indigent Defender of the Year Award in 1998 from the New York State Bar Association, the Charles F. Crimi Memorial Outstanding Practitioner Award in 2000 from the Criminal Justice Section of the New York State Bar Association, the Honorable Thurgood Marshall Distinguished Practitioner Award in 2002 from the New York State Association of Criminal Defense Lawyers, the Distinguished Service Award in Law Related Education in 2005 from the Law, Youth and Citizenship Committee of the New York State Bar Association, the Wilfred R. O Connor Lifetime Client Centered Representation Award in 2007 from the New York State Defenders Association and the Clarence Darrow Award in 2010 from the New York State Association of Criminal Defense Lawyers. Juan Jose Rodriguez, Esq. joined the Federal Public Defender s Office in Syracuse, NY in 2012 working primarily on e Discovery coordination and immigration. Before joining the Federal Defender s office, he worked with the Division of Immigrant Policies and Affairs at the New York State Department of Labor, where he specialized in employment based immigration. He received his Juris Doctor from Villanova University School of Law where he served as an editor of the Villanova Environmental Law Journal; and earned a B.S./B.A. from Boston University School of Management. He is a member of the New York and New Jersey state bars. Robert G. Wells, Esq. Law Offices of Robert G. Wells, Esq., 120 East Washington Street, Syracuse, New York. Robert G. Wells is a federal criminal defense practitioner with over thirty six years of experience in the United States District Courts and Second Circuit Court of Appeals, as well as all levels of State Courts. He was trained at Gerry Spence s Trial Lawyers College. He is Vice President of the New York State Association of Criminal Defense Lawyers. He is a member of the NYSACDL Board of Directors Executive Committee and the CLE Committee. He has acted as an instructor for the United States Courts teaching lawyers in San Francisco, Dallas, Los Angeles, Portland, Chicago and Atlanta. He has taught for the New York State Association of Criminal Defense Lawyers on matters ranging from Sentencing, Direct Examination and Cross Examination, along with Electronic Evidence Presentation. He has instructed for the FBI and the Board of Fraud Examiners. He has delivered the only acquittal in the United States District Court for the Northern District of New York on an indicted environmental case in the last twenty seven years. Mr. Wells has also been published in Atticus Magazine.

5 2015 Oneida County Assigned Counsel School Criminal Practice REGISTRATION FORM Name: Address: Telephone: Fax: I will be attending the Friday, April 24, 2015 Criminal Practice Registration Fee is $25 per session. Make checks payable to: Oneida County Supplement Assigned Counsel Program 800 Park Avenue Utica, NY OR You may fax this form to to reserve a seat and pay at the door If you have any questions regarding these programs, you may contact Kimberly Flint at or by [email protected]