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
– 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
– 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
– U.S. Senator Amy J. Klobuchar
10:00 – 10:20 a.m.
10:20 – 11:00 a.m.
The Future of Minnesota’s Criminal
– Michael O. Freeman, Judge Charles A.
Porter, Jr., Chief Gordon Ramsay, Sheriff Richard W. Stanek & John
11:00 – 11:45 a.m.
A Review of Eight Important Recent US
Supreme Court Decisions
– Joseph S. Friedberg & Clayton M.
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.
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.
2:30 – 3:30 p.m.
BREAKOUT SESSION B
4. The Dirty Dozen
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
Chronology of events preceding the
indictment; distilling terabytes of electronic evidence into a
manageable universe; negotiation strategy and the influence of the
– 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
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
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
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 &
– Kenneth F. Kirwin
3:30 – 3:45 p.m.
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
– 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
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
– 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.
Tuesday, August 23, 2011
8:00 – 8:30 a.m.
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.
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.
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
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
2.0 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
– 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
– Kathryn A. Richtman & John Choi
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.
2:15 – 3:15 p.m.
BREAKOUT SESSION E
Representing People Who Have Mental
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
– Professor James A. Morrow, Judge
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
– 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
– Hillary Hujanen & Joseph P. Tamburino
3:15 – 3:30 p.m.
3:30 – 4:30 p.m.
BREAKOUT SESSION F
32. Collateral Consequences of
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
– Emerald A. Gratz
37. Winning Your First Criminal Defense
Basics of jury selection; opening
statements; cross examination; direct examination and closing
– 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
Wednesday, August 24, 2011
8:00 – 8:30 a.m.
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