Day 1
Monday, August 27, 2012

New Interactive Sessions!

Participants in select sessions will be invited to use a voting response system to anonymously answer questions and interact with the faculty throughout the session. Look for the interactive sessions highlighted in yellow.

7:30 – 8:30 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:30 – 9:00 a.m.

State of the Judiciary

– Chief Justice Lorie S. Gildea

9:00 – 9:45 a.m.

Intergovernmental and Cross Disciplinary Cooperation

– G. Paul Beaumaster
– Chief Justice Lorie S. Gildea
– Chief Gordon Ramsay
– Wade R. Setter
– John M. Stuart
– John P. Kingrey, moderator

9:45 – 10:00 a.m.

BREAK

10:00 – 11:15 a.m.

U.S. Supreme Court Review

– Honorable David R. Stras

11:15 – 11:45 a.m.

Character Evidence

– Joseph S. Friedberg

11:45 a.m. – 12:00 p.m.

U.S. Attorney Activity Update

– B. Todd Jones

12:00 – 1:00 p.m.

LUNCH (provided by Minnesota CLE)

1:00 – 2:00 p.m.

BREAKOUT SESSION A

1. Motor Vehicle Stops and Warrantless Searches: Videotaped Examples From the Street – Part I

Have you ever observed an actual warrantless search of a motor vehicle? This presentation will explain the general rules that govern motor vehicle stops and warrantless searches including videotaped vignettes that illustrate the seven (7) constitutional exceptions under which warrantless searches of motor vehicles may be justified. In each vignette, after a vehicle is stopped, various parts of the vehicle, including open, closed and locked containers are searched by officers without a warrant. At the commencement of each search a question materializes on the screen. The answer to each question in contained in a complimentary copy of Judge Pendleton’s updated book, titled Minnesota Handbook on Motor Vehicles: Stops, Warrantless Searches, Seizures.

– Honorable Alan F. Pendleton

 

2. 2012 DWI Update

– Jeffrey S. Sheridan

 

3. Using Technology Effectively in Your Criminal Practice

– Panel moderated by Manvir Atwal

2:00 – 2:15 p.m.

BREAK

2:15 – 3:15 p.m.

BREAKOUT SESSION B

4. DataMaster DMT

– William A. Lemons & Kristi A. Nielsen

 

5. Motor Vehicle Stops and Warrantless Searches: Videotaped Examples From the Street – Part II

The 4-step legal analysis that applies in every case involving a motor vehicle stop, the seven (7) exceptions to the 4th Amendment warrant requirement under which warrantless searches of motor vehicles may be justified including: (a) search incident to arrest; (b) plain view seizure; (c) probable cause search; (d) inventory search; (e) protective weapons search; (f) consent search; (g) medical emergency search; significant changes in the areas of search incident to arrest and consent searches; and how the appropriate legal analysis applies to actual warrantless search examples

– Honorable Alan F. Pendleton

 

6. 6th Amendment Right to Confrontation: Strategies in Domestic Violence and Child Sexual Abuse Cases

How Crawford and cases following Crawford affect criminal prosecution in child and domestic abuse cases; how to apply the rule of Crawford; how to effectively use the hearsay rules consistent with Crawford; developing criminal cases to address issues raised by Crawford; forfeiture by wrong-doing; and developing tools for assisting children who must testify.

– Elizabeth V. Cutter & Kelly Moller

 

7. Minnesota vs. the U.S. Supreme Court – Is it Constitutional to Punish Juveniles?

How the adolescent brain differs from that of an adult and the psychosocial development of juveniles; public safety vs. rehabilitation – reconciling the opposing trends in juvenile justice; the recent trend in U.S. Supreme Court case law concerning juveniles vs. Minnesota law; the constitutionality of life without release for juveniles; and the constitutionality of prosecuting juveniles as adults and how to fairly assess the six (6) certification/EJJ factors.

– Leslie J. Rosenberg

 

8. Protecting Public Employees and the Public Following the Courthouse Shooting in Cook County on December 15, 2011: How Much Security is Enough, Where is it Needed, and How Do We Make It Work on the Public Dollar?

What happened in Cook County on December 15 and what has happened since then? Analysis of how do we make appropriate safety decisions in public spaces and how to put them in place.

– Doug Garin, Timothy C. Scannell & Steven K. Swensen

 

9. The Tribal Law and Order Act

– Deidre Y. Aanstad

 

10. Basic Fire Origin and Cause – How NOT to Get Burned in Fire Cases

How fire works; fire terminology – understanding reports; investigation protocol; and discovery: where to get it and what should always be available.

– Terry W. Duncan

 

11. Synthetic Drugs/An Overview of the Winona County Experience: Designer Werewolves, Shadows, and Demons – What a High!

Cover background of designer synthetic drugs; case examples from Winona County and the strain on the criminal justice system; law enforcement, prosecutorial, and legislative responses; ongoing issues and future concerns: taming the wild beasties.

– Christina M. Davenport & Karin L. Sonneman

3:15 – 3:30 p.m.

BREAK

3:30 – 4:30 p.m.

BREAKOUT SESSION C

12. Representing Crime Victims in Civil Cases – What Happens After the Criminal Conviction?

Common civil causes of action for criminal violations; common defenses to civil claims; unique issues for defendants who face criminal and civil cases; and damages related to criminal behavior.

– Patrick W. Noaker

 

13. UG2BK, ST&D! Prosecuting Texting Drivers

Statutory requirements for Texting While Driving crime; evidence and witnesses needed to successfully prosecute a driver; use of administrative subpoenas for cellular phone data; and best practices for law enforcement, prosecutors, and defense attorneys.

– Katrina E. Joseph

 

14. Defending the Self-Defense Case – The Best Defense is a Good Offense

Jury selection: getting the right jurors for self defense; winning points on cross examination; your case in chief: developing the defense; the "retreat" issue; and closings: fun themes/bringing it home.

– Ryan M. Pacyga

 

15. Getting the Message from the Courts – Practice Pointers and Indications of Future Decisions

Looking through cases such as: State v. Montermini, Gurman v. Metro Housing Redevelopment Authority, State v. Scales, State v. Ramey and State v. Ferguson. What the Minnesota courts are telling practitioners.

– Matthew G. Frank

 

16. "A.S.H.", Aptitude, Hype. – "Bringing the Heat"

Advanced fire discovery; working with fire experts; presenting fire evidence; NFPA 921 and how it affects litigation, and interpretation of fire evidence.

– Terry W. Duncan

 

17. Keeping Track of the Law on Tracking the Use of Mobile Tracking Devices in Minnesota after Jones

Minnesota’s historical requirements for using a mobile tracking device; the impact of the U.S. Supreme Court’s decision in United States v. Jones; and finding workable solutions to address any procedural conflict between Jones and Minnesota Statutes sections 626A.35-391.

– William F. Klumpp, Kevin O’Laughlin & Justin A. Wesley

 

18. The New Recidivism Risk Assessment Tool

– Grant Duwe

4:30 – 6:00 p.m.

INSTITUTE RECEPTION

Day 2
Tuesday, August 28, 2012

8:00 – 8:30 a.m.

CONTINENTAL BREAKFAST

8:30 – 9:15 a.m.

Minnesota Supreme Court and Criminal Law 2011–2012

Minnesota Supreme Court criminal law decisions 2011–2012; Minnesota Supreme Court traffic law decisions 2011–2012, and Minnesota Rules of Criminal Procedure update.

– Martin J. Costello

9:15 – 10:00 a.m.

Intelligence and Data Classification

– Lt. Spencer Bakke
– Senator Warren Limmer
– Douglas Reynolds
– Charles Samuelson
– Sheriff Richard W. Stanek, moderator

10:00 – 10:20 a.m.

BREAK

10:20 – 11:05 a.m.

Eyewitness Evidence: The Double Blind Sequential Lineup Procedure – Research, Policy, and Case Update

Basics of eyewitness memory and identification decisions; rationale and components of the Double Blind Sequential Lineup Procedure; new field research findings: The American Judicature Society National Eyewitness Identification Field Studies; and an update on recent legal cases and decisions.

– Nancy K. Steblay

11:05 – 11:40 a.m.

The Constitutional Right to Plea Bargain – How the U.S. Supreme Court’s Cooper and Frye Decisions Impact Defense Counsel, Prosecutors, and Judges (and Make Justice Scalia Dream of Monte Carlo)

The rationale of the Cooper and Frye decisions, which recognize claims of ineffective assistance of counsel in plea bargaining; the dissenters’ rationale for balking at such claims; the implications of the Cooper/Frye decisions, and the legal questions that are left open; and what good defense attorneys, prosecutors, and judges should be doing in response to the decisions.

– Theodora K. Gaitas

11:40 a.m. – 12:15 p.m.

Gang Member Classification Systems: How Minnesota's Gang Criteria Compare to Those Employed in Other States

The development of gang identification in Minnesota; Minnesota's 10-point criteria system; situating Minnesota within the national context of gang classification; challenges to collecting information on and classifying gang members; and efforts to redefine gang criteria.

– Julie S. Barrows

12:15 – 1:15 p.m.

LUNCH (provided by Minnesota CLE)

1:15 – 2:15 p.m.

BREAKOUT SESSION D

19. 2012 Legislative Update

– Noah A. Cashman & Angela Helseth Kiese

 

20. Forfeiture Law and Practice – the Latest Developments

– John P. Kingrey

 

21. The Dirty Dozen

2-hour session

Marsh is back with the Dirty Dozen, their topics will include: Sleep Forensics; Property Exemption in Forfeiture Actions; Expanding Use of Ignition Interlock; Tribal Law Punishment Including Banishment; E-filing; Overlapping State/Federal Sentencing Issues; Bail; DWI Issues for Pilots; Wisconsin Criminal Case Basics; and more of the hottest topics facing practitioners and courts today.

– Honorable Robert A Blaeser
– Michel A. Cramer Bornemann
– Edward M. Cohen, Jr.
– Andrew S. Garvis
– Marsh J. Halberg
– Debbie E. Lang
– Eric J. Nelson
– Christopher B. Sailors
– Jeffrey S. Sheridan
– Melissa Sheridan
– Adam Stevenson

 

22. What We’ve Become: Privacy and the Security State

The exponential expansion of technical/electronic know-how and possibilities and how policy has been evolving. How developments from the private sector might be employed by law enforcement and concerns for liberty. Products like Westlaw CLEAR expand data available to law enforcement; the increased use of drones in private section (see http://nyti.ms/spies-in-sky); why not local cops? Need warrant?; Supreme Court decisions in U.S. v. Jones re needing a warrant for GPS planting (see http://www.law.cornell.edu/supremecourt/text/10-1259); ubiquitous and promiscuous GPS data on mobile devices (see http://bit.ly/cellphone_data_promiscuity); data patterns and behavior prediction (see http://nyti.ms/data_habits); social network mapping and cell phone data; MN Joint Analysis Center (MNJAC), National Data Exchange (N-Dex) and Criminal Intelligence Data proposals before the 2012 Legislature; and Google’s new privacy and its availability to law enforcement (see http://bit.ly/google_tracks_you).

– Robert W. Sykora

 

23. How to More Effectively Conduct Cross-Examination

– James A. Morrow

 

24. Minnesota’s Indian Country Under Public Law 280 – Whose Jurisdiction Is It and Why Should It Matter?

How Public Law 280 and Tribal Court jurisdiction provide additional defenses to State criminal actions and analysis of Minnesota’s actions regarding Tribal Court jurisdiction. Will include discussion of: In the Matter of the Civil Commitment of Jeremiah Jerome JOHNSON, and In the Matter of the Civil Commitment of Lloyd Robert Desjarlais and State v. Davis.

– Frank W. Bibeau

 

25. Criminal Intelligence Data and MNJAC

– Chief Michael S. Goldstein

 

26. Chronic Stress, Trauma, Mental Health and Addiction

2-hour session
2.0 elimination of bias credits applied for

Lawyers face stress daily and are subject to particular circumstances, including the trauma experienced by clients, which can lead to higher levels of stress than for most other members of the population. There is a clearly recognized continuum where unresolved chronic stress becomes a predictor for addiction and mental illness, which are also more prevalent among lawyers. Signs, symptoms, risk factors and recovery regarding these problems will be presented. While this program does not provide stress management content, by understanding the role stress plays as a predictor for depression, alcohol problems and other issues, lawyers can reduce their risk and, hopefully, get help earlier. Personal examples and information on Minnesota’s lawyer assistance program will also be provided.

– Joan Bibelhausen & John C. Lillie

2:15 – 2:30 p.m.

BREAK

2:30 – 3:30 p.m.

BREAKOUT SESSION E

The Dirty Dozen (continued)

Chronic Stress (continued)

 

27. 2012 Expungement Case Law Update – New Appellate Court Decisions

Juvenile Expungement; State v. M.D.T. (2012) and what it means for inherent authority Expungement; and arguing a core judicial function, constitutional right violation, or abuse of executive branch agency discretion.

– Kelly J. Keegan

 

28. Prescription Drug Abuse and Crime

– Daniel Moren

 

29. Familial DNA Searching: Using the Convicted Offender DNA Database to Find Offenders Whose Relatives May Be Perpetrators of Unsolved Crimes

The mechanism of performing a familial DNA search; pros and cons of performing a familial DNA search; what happens when the search is over; search policy – what cases will be searched?

– James Iverson

 

30. Hottest Immigration Topics That Arise in the Criminal Process

– Vincent P. Martin

 

31. Working with Experts – Thoughts from Someone in the Field

– Christine Funk

 

32. Child Exploitation

– Donny Cheung

3:30 – 3:45 p.m.

BREAK

3:45 – 4:45 p.m.

BREAKOUT SESSION F

33. The New Minnesota Supreme Court Double Jeopardy Case Law

When does double jeopardy protection apply in connection with a guilty plea; the effect of double jeopardy protection on a court’s authority to reject a plea agreement, and on the prosecution’s expectation that all plea agreement terms will be met; how the attachment of jeopardy can affect the prosecution’s ability to amend a complaint; and what actions by a court can constitute or give rise to an acquittal, when a acquittal can occur after attachment of jeopardy, and the reviewability of rulings leading to the acquittal.

– Mark D. Nyvold

 

34. DNA Update – The Latest on the Science and the Law

– Jim Liberty

 

35. Basic Analysis of Spreigl (404b) Issues – How Do You Argue For or Against Admissibility of Spreigl Evidence?

Consideration of the 5 factors judges must consider; what Spreigl evidence is and what it is not; examples of admissible Spreigl evidence; and examples of error in admitting Spreigl evidence.

– Honorable Fred Karasov

 

36. Today's Cell Phone Evidence Realities – Deleted Texts and Other Smoking Guns

What factors impact the recoverability of deleted cell phone evidence, e.g. text messages, photos? "There's an app for that!" Looking for evidence in most popular apps. New evidence modalities: Multimedia and geotags. How to get cell phone possession for forensics examination across the V. See a live iPhone evidence demo on a MacBook Air!

– John J. Carney

 

37. 2012 Implied Consent Update

– Kristi A. Nielsen

 

38. Gun Prosecution in Minnesota – by the U.S. Attorneys Office

– LeeAnn K. Bell

4:45 p.m.

ADJOURN