The 2011 Criminal Justice Institute

Schedule and Faculty

Day 1
Monday, August 22, 2011

 

7:45 – 8:30 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:30 – 9:00 a.m.

Minnesota Supreme Court Chief Justice Address

– Chief Justice Lorie S. Gildea

9:00 – 9:25 a.m.

Minnesota Justice Coalition: A Unique Collaboration to Examine Post-Conviction DNA Cases

Since the advent of forensic DNA analysis, a number of people convicted of crimes have been subsequently exonerated through DNA. Hear about the progress made by the Minnesota Justice Coalition over the past 18 months reviewing 14,000 old cases to determine if crime scene samples may now yield DNA profiles.

– Erika Applebaum, Rachel F. Bond, Julie A. Jonas & Dianne A. Ward

9:25 – 10:00 a.m.

The Impeachment of Judge Porteous

The impeachment trial of a sitting Federal judge is the rarest of events. Senator Klobuchar, a member of the Senate Judiciary Committee, provides a unique first-hand account.

– U.S. Senator Amy J. Klobuchar

10:00 – 10:20 a.m.

BREAK

10:20 – 11:00 a.m.

The Future of Minnesota’s Criminal Justice System

– Michael O. Freeman, Judge Charles A. Porter, Jr., Chief Gordon Ramsay, Sheriff Richard W. Stanek & John M. Stuart

11:00 – 11:45 a.m.

A Review of Eight Important Recent US Supreme Court Decisions

– Joseph S. Friedberg & Clayton M. Robinson

11:45 a.m. – 12:15 p.m.

Minnesota’s New Ignition Interlock Program – The Upside, The Downside, and a Peek at the Insides

The Minnesota program in a nutshell; how does it work; who does it help; and who does it hurt. Analysis will include discussion of Minn. Stat. Section 171.306.

– Edward M. Cohen, Jr. & Michael E. Friedberg

12:15 – 1:15 p.m.

LUNCH (provided by Minnesota CLE)

1:15 – 2:15 p.m.

 BREAKOUT SESSION A

 

1. DWI Update

The world is changing in 2011. New laws, new issues and a new machine.

– Jeffrey S. Sheridan

 

2. Minnesota Legislative Update – 2011

– Angela Helseth Kiese

 

3. "E-Disclosure:" Where It’s At and Where It’s Headed

– Karen R. Duncan & Mark A. Ostrem

2:15 – 2:30 p.m.

BREAK

2:30 – 3:30 p.m.

 BREAKOUT SESSION B

 

4. The Dirty Dozen

2-hour session

Juvenile law; findings of incompetence in juvenile cases; current challenges to urine testing; immigration issues with criminal convictions, getting into Canada with a DWI conviction; ignition interlock; the new DataMaster machine; cell phone data recovery; differences between federal and state criminal cases; arson investigation basics and much, much more.

– Nancy E. Brasel, Amy M. Busse, John J. Carney, Jennifer Christensen, Edward M. Cohen, Jr., Terry W. Duncan, Marsh J. Halberg, Douglas V. Hazelton, Vincent P. Martin, Charles A. Ramsay & David J. Risk

 

5. Judicial Misconduct

– David S. Paull

 

6. Handling a Mega Case; Defending Denny Hecker

Chronology of events preceding the indictment; distilling terabytes of electronic evidence into a manageable universe; negotiation strategy and the influence of the fourth estate.

– Carol Dawson & Brian N. Toder

 

7. Implied Consent Update

A review of all new law including State v. Edstrom and Minn. Stat. Sections 169A & 171.

– Kristi A. Nielsen

 

8. "Pardon Me" – Lifting the Burden of Those Youthful Indiscretions, Those Stupid Decisions, and All Those Things Sister Mary Ignatia Warned You Would Go on Your Permanent Record

Collateral consequences for criminal convictions, de jure and de facto; expungement vs. clemency: what’s the difference? The types of clemency available, who is eligible and how a typical petition works. Practice considerations; the role of crime victims and challenges.

– Randolph J. Hartnett

 

9. Restitution in Minnesota: State of Confusion

Big Risks: Small Process and why you have to take it so seriously, the favoring civil settlements and Minn. Stat. Sections 609 v. 611.

– Frederic K. Bruno

 

10. BCA eCharging Service

The BCA’s eCharging service provides electronic workflow, signatures, notifications and integration for criminal complaints, incident reports, citations, and DWI civil forms. The service is currently being implemented throughout Minnesota, with hundreds of Minnesota criminal justice agencies already electronically submitting and signing charging documents. This session will explain and demonstrate the system, with its advantages and challenges, and discuss the impact it is having on criminal justice in Minnesota.

– Thomas C. Miller

 

11. Search and Seizure – The Latest Cases

Significant search-and-seizure cases from the past two years; topics that have undergone significant change, and how Minnesota's Constitution, Article 1, Section 10 may provide greater protection than the 4th Amendment. Includes: Kentucy v. King; City of Ontario v. Quon; Diede; Wiggins; Hollins; Krenik & Lussier.

– Kenneth F. Kirwin

3:30 – 3:45 p.m.

BREAK

3:45 – 4:45 p.m.

 BREAKOUT SESSION C

 

The Dirty Dozen, continued

 

12. Strategies for Closing Arguments

– John O. Sonsteng

 

13. Justice for Sale? – Judicial Campaigns, Advertising and Money Post Citizen’s United

The United States’ unique and varied approaches to judicial selection and retention and a bit of the historical context; the nature of judicial elections over the past decade or so. Who plays? The raging debate over selection and retention methods, third party funding of judicial campaigns, whether through the candidate or independently; Citizen’s United and its impact on judicial elections and spending therein; retention elections and public financing as options or alternatives; examples of televised judicial campaign ads; and whether to "go negative" when you run? Including analysis of: Citizen’s United v. FEC and McComish v. Bennett.

– Judge Shaun R. Floerke

 

14. Traffic Law Clinic

Stop/reasonable, articulable suspicion; searching vehicles; expanding the scope of the stop; statutory update; and state and federal case law update.

– Katrina E. Joseph

 

15. The Prosecution and Defense of Tax Evasion Cases

– Thomas L. Fabel & Michael R. Morehead

 

16. Expungement – Fashioning a Meaningful Remedy After State v. S.L.H.

Overview of current expungement law; which clients still find expungement useful; alternative strategies and arguments at hearings; 2011 legislative developments, prospects for future changes to expungement law; includes analysis of Minn. Stat. Section 609A; State v. S.L.H.

– Kelly J. Keegan

 

17. Handling and Prosecuting Animal Cruelty Cases

Basics of animal cruelty investigations; process for seizure and return of animals; importance of experts and photograph; the connection between domestic abuse and animal cruelty. Including: Minn. Stat. Sections 343.21, 5180.01 and State v. Corcoran.

– Kevin O’Laughlin & Sherry Ramsey

 

18. Double Jeopardy Protections in the Context of A Guilty Plea: Pitfalls and Best Practices

This year, the Minnesota Supreme Court may clarify what constitutes a conviction for purposes of double jeopardy in the context of a guilty plea. This break out session will address whether sentencing and formal adjudication are required to establish a conviction; what constitutes an acceptance of a plea; whether a district court has authority to reject a plea following its acceptance of the plea; and when, and under what circumstances, a defendant waives a double jeopardy claim by pleading guilty.

– Robin M. Wolpert

4:45 – 5:45 p.m.

ANNUAL RECEPTION

 

Day 2
Tuesday, August 23, 2011

 

8:00 – 8:30 a.m.

CONTINENTAL BREAKFAST

8:30 – 9:15 a.m.

Minnesota Case Law Update – Key Cases You Should Know

2010-2011 Minnesota Supreme Court decisions; amendments to the Rules of Criminal Procedure; Minnesota Supreme Court Justices; and Judicial election law changes.

– Martin J. Costello

9:15 – 9:35 a.m.

U.S. Attorney’s Perspective

– B. Todd Jones

9:35 – 10:20 a.m.

Voir Dire Limitations – The Good Old Days of "Free-For-All" Voir Dire Are Gone

During the 1980’s and 90’s the general state of Voir Dire in the District Court could best be described as a "free for all" with little or no Judicial oversight. Trial Advocacy and Continuing Education programs would often promote improper goals such as "How to indoctrinate Jurors during Voir Dire to your theory of the Case" or "Methods and Techniques on how best to develop a relationship with Jurors during Voir Dire", etc. Because of the growing concerns and complaints over the Voir Dire process, in 2001 the Supreme Court issued a task force report on Voir Dire addressing a number of those concerns with proposed Judicial Guidelines and a strong recommendation that presiding judges become more proactive in supervising the Voir Dire process. This session will examine the current state of voir dire in light of those Judicial Guidelines and a more proactive Bench, including suggested practice points for attorneys.

– Fred T. Friedman, Judge Alan F. Pendleton & Judge Gordon W. Shumaker, Jr.

10:20 – 10:45 a.m.

BREAK

10:45 – 11:15 a.m.

Protecting the Record for Appeal – What Every Trial Attorney Should Know

How the trial record drives the issues on appeal; what recent Minnesota Supreme Court decisions suggest about preserving the record; common problems with the trial record.

– Theodora K. Gaitas

11:15 – 11:45 a.m.

 KEYNOTE ADDRESS

 

Implementing the Constitution: Affordable Health Care and Accessible Justice

– Laurence H. Tribe
(Appearance made possible by The Professional Education Group)

11:45 a.m. – 12:00 p.m.

QUESTIONS & ANSWERS

– Moderated by Judge James M. Rosenbaum (retired)

12:00 – 1:00 p.m.

LUNCH (provided by Minnesota CLE)

1:00 – 2:00 p.m.

 BREAKOUT SESSION D

 

19. What You Should Know about Representing People Who Have Mental Illnesses

2-hour session
2.0 elimination of bias credits applied for

Explore mental illnesses as they relate to criminal justice involvement; acquire knowledge about symptoms and treatment of mental illnesses; discuss effective therapeutic interventions for adults with mental illnesses; explain interventions that can reduce risk of re-offense or release violations for adults with mental illnesses; and examine the local resources available that can provide these interventions.

– Emily R. Baxter & Anna McLafferty

 

20. The Impact of Digital Evidence

Computers have dramatically changed the way cases are investigated and defended. In this session, discussion will include: what the pervasive use of computers means to prosecutors, defense attorneys and their clients; an overview of the benefits of the burdens imposed by electronic evidence; how information can be recovered from computers even though it has been "deleted"; and options for presenting electronic information and non-traditional evidence sources, such as the iPhone, iPads and GPS devices.

– Mark Lanterman

 

21. Local Prosecution of Medicare Fraud

How local county attorneys can approach recipient fraud (elements of the crime, what crime to charge, typical witnesses) and an overview of the government health care system (programs, benefits, and dollars).

– D. Gerald Wilhelm

 

22. Teetering on the Edge of Change: Emerging Data Issues

This session will be a general legislative and case update on data practices and Freedom of Information issues. Bring your data practices knowledge; data practices basics will not be covered. There will also be a discussion of the legislative report filed in January 2011 by the "SF 2725 Workgroup." That group of 20 law enforcement and community representatives was charged with exploring issues concerning criminal investigative and criminal intelligence data. The Workgroup’s recommendations and observations about the open issues and how they might be resolved by the Minnesota legislature will be open for discussion by participants.

– Katherine A. Engler

 

23. Forensic DNA – Unraveled

DNA 101 – basic primer in DNA; current forensic DNA technologies; emerging forensic DNA technologies and the implications for the future of forensic DNA analysis; DNA report translations and how to get the most out of your DNA expert.

– Catherine M. Knutson

 

24. Addressing the Needs of Juvenile Prostitutes: Safe Harbors Legislation and Public Policy

Why this is an important issue for County Attorneys; overview of the national legislation movement to remove juvenile prostitution from the delinquency system; research on juvenile prostitutes both nationally and in Minnesota (demographics and characteristics of these youth, especially as it relates to risks.); the Ramsey County model of intervention: combining trauma-informed care methodology with resiliency theory interventions. A brief history of the initiative, program description and outcomes. Includes analysis of 2010-2011 session: Senate File No 958 and House File 440 plus legislation from other jurisdictions.

– Kathryn A. Richtman & John Choi (invited)

 

25. State v. Obeta – Using Expert Witnesses to Counter Rape Myths

How to bring a pre-trial appeal to challenge precedent, what the Obeta decision means for prosecutors, and how to use experts in rape trials post-Obeta.

– Kaarin S. Long & Thomas R. Ragatz

2:00 – 2:15 p.m.

BREAK

2:15 – 3:15 p.m.

 BREAKOUT SESSION E

 

Representing People Who Have Mental Illnesses, continued

 

26. Plea Agreements: Evaluating the Agreement and Achieving the Intended Result

Most criminal cases are resolved by plea agreement rather than trial. A number of factors must be considered when evaluating a plea agreement, including: 1) what the level of sentence is and how it will be calculated; 2) how modifiers affect sentencing; 3) the effect of mandatory minimums on the sentencing guidelines; and 4) when the agreed upon sentence will result in a departure. Understanding these and other key concepts is critical to achieving the intended result in any plea agreement.

– Karen K. Jaszewski, Linda M. McBrayer & Kelly L. Mitchell

 

27. How to Effectively Conduct Cross-Examinations

– Professor James A. Morrow, Judge (retired)

 

28. Outsourcing Your Electronic Data: Is It Smart to Follow the Crowd to the "Cloud"?

1.0 ethics credit applied for

Imagine having all of your office’s files available to you wherever you can connect to the internet. Imagine saying goodbye forever to costly gizmos like file servers and email servers. Imagine using software without having it loaded on your computer. When computer users rely on internet-based services for email, file storage, a and software, they are using "Internet 2.0" or "Cloud Computing". Does the Cloud offer real help to practitioners looking for more economical ways to run their law office? Is Cloud Computing the future or just another bubble of marketing hype? If you move your client files from the locked computer room in your office to a computer owned by someone else in another state, who owns the data? What laws regulate its release? Are you protecting your clients’ confidences? This session will provide an overview of the current state of Cloud Computing, and a discussion of its risks and benefits.

– Robert W. Sykora

 

29. Civil Commitment of Sexually Dangerous Persons and Sexual Psychopaths

The process of SDP/SPP commitment; the salient issues and cases related to SDP and SPP commitment and new issues in SDP/SPP commitment.

– Noah A. Cashman

 

30. What to Advise Non-Citizen Defendants in the Aftermath of Padilla v. Kentucky

Convictions and immigration consequences; practice with Minnesota Statutes (specific crimes and what to do; advising your client and survey of decisions post-Padilla. Includes: Reyes Campos v. State and State v. Ayala Lopez.

– Bruce D. Nestor & Sheila M. Stuhlman

 

31. Revocations, Suspensions and Other Driver’s License Dilemmas

Topics include: moving violations and their effect on a license; typical causes for license revocation or suspensions; how out-of-state violations affect Minnesota licenses; when the State can forfeit your vehicle; a complete overview of DWI laws and the latest statutes and court decisions affecting driving issues.

– Hillary Hujanen & Joseph P. Tamburino

3:15 – 3:30 p.m.

BREAK

3:30 – 4:30 p.m.

 BREAKOUT SESSION F

 

32. Collateral Consequences of Conviction

Uniform Act on Collateral Consequences of Conviction; Minn. Stat. Chapter 609B; federal law compilation – "Internal Exile"; pending Minnesota legislative efforts – S.F. 2790 requiring table of juvenile collateral sanctions; 2007 Collateral Sanctions Committee recommendations.

– Michele L. Timmons

 

33. Domestic Assault, DWI, Guns and Canada: "What Have Our Neighbors to the North Been Up To?"

How domestic assault convictions affect one’s ability to own a gun; what is the difference between an OFP and a restraining order? What type of crimes keep our clients out of Canada? Is Canada getting tougher or easier on letting us in? Immigration consequences from criminal convictions.

– Bruce R. Williams

 

34. Current and Future Trends in Forensic DNA Analysis

The current state of forensic DNA technology, (touch DNA, Y chromosome testing, high volume crimes, familial DNA ); familial DNA authorization (legislative vs. executive); and future applications (SNPs = very rapid DNA testing, phenotypic markers = DNA testing that provides info on visible characteristics like hair or eye color).

– Captain Brian Kasbohm & James Liberty

 

35. ForensicLink.org – The World’s Leading Forensic Social Network

Introduction and demonstration to the Forensic Social Network for professionals; use of social media to aid in criminal investigations; scenarios of how the Forensic Network is being used to unite forensic professionals from around the world; and future goals of the Forensic Social Network.

– Daniel Anselment

 

36. Source Code: The Issue that Left Minnesota DWI Testing Breathless

The history of how issue started in Minnesota (2006-2008); overview of federal lawsuit that resulted in source code access; details of source code consolidation in state court; results from the source code evidentiary hearing and where do we go from here – appeal and beyond. Included analysis of all relevant cases.

– Emerald A. Gratz

 

37. Winning Your First Criminal Defense Jury Trial

Basics of jury selection; opening statements; cross examination; direct examination and closing arguments.

– Brockton D. Hunter & Jack G. Rice

 

38. Forfeiture Law and Practice

Forfeitable offenses – guidelines to forfeiting property; how to properly and timely file a forfeiture petition; the innocent owner defense; and a new look at constitutionality of forfeiture statute.

– Jason W. Migala

 

Day 3
Wednesday, August 24, 2011

 

8:00 – 8:30 a.m.

CONTINENTAL BREAKFAST

8:30 – 11:45 a.m.
(includes one 15-minute break)

CJI–CSI: Forensic Science from the Field to the Courtroom

A Special 3-Hour Bonus Session

Lawyers are not known for their scientific savvy. Law schools aren’t known for their rigorous scientific training. Yet over the past ten to twenty years, forensic science has marched into the courtroom, like it or not. Forensic science, often used as a sword by the prosecution, but increasingly being used as a shield by the defense, is a blanket term that covers everything from DNA profiling to DWI test results, foot wear impressions to handwriting analysis. Some "sciences" are largely subjective, some more objective. Most have a mish mash of objective and subjective processes.

Scientists are coming in to our sand box with increasing regularity. As lawyers, as judges, it’s time to more closely examine: What is science? How do we critically look at forensic science evidence? When is an expert (or additional expert) a good idea? What kind of expert should be retained? For what purpose? How does one go about finding an expert? How can a lawyer prepare for the case, taking into account the expertise of the expert? What are the pitfalls when dealing with expert testimony? What credentials count and what credentials don't – in other words, how to vet your experts and how to vet the other side's experts. Separately, how do we vet the underlying science? What are validations studies? Why does publication matter? Can cognitive bias play a role in getting to a test result?

Using crime lab scandals from the past, from Fred Zain to the SBI., how can we, as lawyers and judges, learn from prior mistakes? What steps can assist in assuring "good" forensic science is admitted and "bad" forensic science is detected well before anyone is convicted in error. While it is true that since the dawn of forensic science, faulty forensic science has made its way into the courtroom, the fault does not lie solely with the crime lab. When prosecutors, defense attorneys, and judges fail to ask the proper questions, the system can fail.

No forensic science is fool proof. What are the limits of the science? Comparative bullet lead analysis provides a cautionary tale for how the system can fail when lawyers, judges, and scientists fail to ask the right questions. Understanding that science has limits, and where those limits are for various forensic disciplines, is key to appropriately presenting various forensic science evidence in a manner that fairly represents the state of the science.

Helpful links and resources for lawyers in forensic education will also be provided.

– Christine A. Funk