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Final Seminar Schedule Friday, February 12, 2010 2:00-5:00pm REGISTRATION 2:00-3:15pm Case Consultations: Brainstorming Your Case 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy (Advance Registration Required) Bonsai I, II & III – PHS Ironwood I & II- PHS Cottonwood I & II- PHS Redwood I & II- PHS 3:30-5:00pm PLENARY: Telling the Story of Your Case 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Millard Farmer Serra Ballroom - MCC 7:15-7:30pm Welcome to the 2010 CCDS Jennifer Friedman, Michael Ogul, Andrew Love Serra Ballroom - MCC 7:30-8:30pm KEYNOTE 1 Hour Criminal Law Legal Specialization, Trial Advocacy Denny LeBoeuf Wilbert Rideau Serra Ballroom - MCC 8:30-10:00pm RECEPTION-Meet and Greet DeAnza Ballroom - PHS Saturday, February 13, 2010 7:30am – 6:15pm REGISTRATION 8:30-10:30am PLENARIES The First Annual Law-bies Awards Show—The Best, The Worst, and The Ugliest Capital-Relevant Decisions of 2009 2 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Allison Claire Eric Multhaup Michael Ogul Serra Ballroom - MCC Legal Developments for Non-Lawyers Saor Stetler Debra Garvey Steinbeck Forum - MCC 10:30-10:45am BREAK 10:45-12:15pm WORKSHOPS 1. Mitigating Gang Involvement by Understanding Adolescent Development 1.5 Hours Criminal Law Legal Specialization Evidence Rahn Minagawa Stephen Harper DeAnza I - PHS 2. Advancing the Nature and Logic of Capital Mitigation 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Craig Haney San Carlos IV - MM 3. Confessions 1.5 Hours Criminal Law Legal Specialization, Evidence Jason Cox Richard Leo DeAnza II - MM 4. Basic Neuropsychology 1.5 Hours Criminal Law Legal Specialization, Evidence Amanda Gregory Julie Brain DeAnza III - MM 5. Discovery including Brady 1.5 Hours Criminal Law Legal Specialization, Ethics Terri Towery Cottonwood Room - PHS 6. Confidentiality of Investigation and SDT’s in the wake of Humberto S. and Zamuido 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Denise Gragg Michael McMahon Colton Room - MCC 7. Fetal Alcohol Spectrum Disorder 1.5 Hours Criminal Law Legal Specialization, Evidence Natalie Novick Brown
Bonsai Ballroom - PHS
8. Cultural Competency/ Race and Culture 1.5 Hours Criminal Law Legal Specialization, Elimination of Bias in the Legal Profession Anthony Ricco Hope Hill Steinbeck Forum – MCC 9. Victim Outreach 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Kelly Branham Judy Clarke Redwood Room - PHS 10. Changing the Story 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Clifford Gardner San Carlos III – MM 11. Federal Track: Jury Instructions in Federal Capital Cases and Litigating the Admissibility of Statutory Aggravators 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy John Philipsborn James Thomson Ferrante Room - MCC 12. Post-Conviction Track: Legal Developments from a Post-Conviction Perspective 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Wendy Peoples Keir Weyble San Carlos I - MM 13. Post-Conviction Track: Preparing, Drafting and Obtaining Mitigation Declarations 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Mark Olive Rosa Lutrario San Carlos II - MM 12:15-1:15pm LUNCH BREAK 1:15-2:45pm WORKSHOPS 1. Using the National Academy of Science Report in Litigation—Trial Level Focus 1.5 Hours Criminal Law Legal Specialization, Evidence Michael Saks Jennifer Friedman Barry Scheck (Moderator) DeAnza III - PHS 2. Atkins, Including Testing—Trial Level Focus 1.5 Hours Criminal Law Legal Specialization, Evidence Edward Sousa James Patton San Carlos III - MM 3. Adolescent Brain Development 1.5 Hours Criminal Law Legal Specialization, Evidence Elizabeth Sowell Stephen Harper San Carlos IV - MM 4. Batson 1.5 Hours Criminal Law Legal Specialization, Elimination of Bias in the Legal Profession Elisabeth Semel DeAnza II - PHS 5. Technology 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Millard Farmer Steinbeck Forum - MCC 6. Litigating Interpreter and Translation Issues 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Ray Plumhoff Marvin Lew Colton Room - MCC 7. Victim Impact 1.5 Hours Criminal Law Legal Specialization, Evidence Regina Laughney Redwood Room - PHS 8. Unifying the Case while Fighting for Innocence 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Jack Earley Monica Foster DeAnza I - PHS 9. Challenging the Ever-Present Minefield of Future Dangerousness in State and Federal Cases 1.5 Hours Criminal Law Legal Specialization, Evidence Anthony Ricco James Thomson Cottonwood Room - PHS 10. Getting the Most out of Your Mitigation—Effectively Finding Multiple Sources and Voices to tell the Client’s Story 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Melody Ermachild Denise Gragg Bonsai Ballroom - PHS 11. Post-Conviction Track: Pleading and Proving Habeas Corpus Claims in State Post-Conviction 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Ty Alper Andrew Love San Carlos I - MM 12. Post-Conviction Track: Planning Your Federal Evidentiary Hearing 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Allison Claire Ferrante Room - MCC 13. Post-Conviction Track: Strategies and Pitfalls for Investigating Jurors in Post-Conviction Proceedings 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Ruth Friedman Samira Sadeghi San Carlos II - MM 3:00-4:30pm WORKSHOPS 1. Methamphetamine 1.5 Hours Criminal Law Legal Specialization, Substance Abuse Melissa Piasecki Steve Feldman DeAnza I - PHS 2. Learning from the Capital Jury Project 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Scott Sundby Steinbeck Forum - MCC 3. Dynamics and Effects of Poverty and Neglect 1.5 Hours Criminal Law Legal Specialization, Evidence Danalynn Recer John Buckner Redwood Room – PHS 4. Competency 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Michael Ryan Jean Farley San Carlos IV - MM 5. Prosecution Discovery 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Michael Ogul Ferrante Room - MCC 6. Fingerprints 1.5 Hours Criminal Law Legal Specialization, Evidence Rob Epstein DeAnza III - PHS 7. Emerging Issues in DNA—Database and Low Copy Number 1.5 Hours Criminal Law Legal Specialization, Evidence Andrea Roth Bicka Barlow DeAnza II - PHS 8. Using the ABA Standards in Motion Practice: State and Federal Cases 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Natasha Minsker Robin Maher Cottonwood Room - PHS 9. Anticipating Rebuttal of Mental Health Evidence and Preparing For Cross 1.5 Hours Criminal Law Legal Specialization, Evidence John Philipsborn Michael Burt Bonsai Ballroom - PHS 10. Federal Track: Authorization and De-Authorization 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Timothy Foley David Bruck Ironwood Room - PHS 11. Post-Conviction Track: Testing Issues in Atkins Litigation 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Mark Olive Jim Ellis Colton Room - MCC 12. Post-Conviction Track: Perspectives on Issue Selection on Appeal in View of AEDPA 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Gail Weinheimer Wendy Peoples San Carlos II - MM 13. Post-Conviction Track: Challenges to Trial-Level Mental Health Assessments 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Richard Dudley Gary Sowards San Carlos I-MM 14. Broadening the Scope of Mitigation Investigation 1.5 Hours Criminal Law Legal Specialization, Evidence Russell Stetler San Carlos III - MM 4:45-6:15pm PLENARY: Complex Trauma 1.5 Hours Criminal Law Legal Specialization, Evidence Kathleen Wayland Denny LeBoeuf Serra Ballroom - MCC 7:00-8:00pm Final Judgment Documentary Film about the Execution of Antonio James, 1996-Steinbeck Forum- MCC Documentary looks at capital punishment with the story of Antonio James who was sentenced to death for first degree murder 15 years ago. He has served those years on death row at Louisiana's State Penitentiary at Angola, the oldest and largest maximum security facility in America. 8:00-11:00pm Death Penalty Fundraiser Reception with Special Guest, Steve Earle De Anza Ballroom Portola Plaza Hotel & Spa Sunday, February 14, 2010 7:30-8:30am PRE-PLENARY Swap Meet-Morning Discussion Bonsai Ballroom - PHS We gain life-lessons from our clients and from this practice. The Swap Meet is an informal gathering where we can swap stories of how this unique and extraordinary work has changed our lives, challenged us, and altered our worldview. There will be no speaker and no agenda. Reflections will be guided by the stories, experiences and concerns of the participants. 8:45-10:15am PLENARY: Client Perspective 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Wilbert Rideau Serra Ballroom - MCC 10:30-12:00pm WORKSHOPS 1. Pervasive Developmental Disorders 1.5 Hours Criminal Law Legal Specialization, Evidence Jack Earley James Patton DeAnza I - PHS 2. Neuropsychology of Mental Retardation 1.5 Hours Criminal Law Legal Specialization, Evidence Dale Watson Redwood Room - PHS 3. Discovering Evidence of Trauma/ Interviewing for Complex Trauma—For Attorneys and Investigators 1.5 Hours Criminal Law Legal Specialization, Evidence Jim Hopper Danalynn Recer DeAnza II - PHS 4. Advancing the Nature and Logic of Capital Mitigation 1.5 Hours Criminal Law Legal Specialization, Evidence Craig Haney San Carlos II - MM 5. Learning From the Capital Jury Project 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Scott Sundby DeAnza III - PHS 6. Pleas/ Negotiations 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Monica Foster San Carlos IV - MM 7. New Research in Neuropsychology 1.5 Hours Criminal Law Legal Specialization, Evidence Robert Bilder Jennifer Friedman San Carlos I - MM 8. Attacking Aggravation 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Michael Ogul Timothy Foley Ferrante - MCC 9. Jury Selection 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Christopher Adams Henderson Hill Steinbeck Forum - MCC 10. Using Technology in Investigation, including Social Networking Websites 1.5 Hours Criminal Law Legal Specialization, Other Subjecst Related to Criminal Law Terri Towery Tamara Thompson San Carlos III - MM 11. Post-Conviction Track: Using the NAS Report on Forensic Science in Post-Conviction 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Michael Saks Michael Burt Barry Scheck Bonsai Ballroom - PHS 12. Post-Conviction Track: Using Strickland Experts after Wiggins 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Russell Stetler Michael Laurence Colton Room - MCC 13. Investigating Prison Mental Health History for both Trial and Post-Conviction 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Sarah Chester Jane Kahn Cottonwood Room - PHS 12:00-1:00pm LUNCH BREAK 1:00-2:30pm WORKSHOPS 1. Fighting Gang Allegations 1.5 Hours Criminal Law Legal Specialization, Evidence Andy Gutierrez Anthony Ricco DeAnza I - PHS 2. Extending Atkins 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Mark Olive San Carlos I - MM 3. Methamphetamine and Crack Cocaine 1.5 Hours Criminal Law Legal Specialization. Substance Abuse Alex Stalcup DeAnza III - PHS 4. Basic DNA 1.5 Hours Criminal Law Legal Specialization, Evidence Bicka Barlow Simon Ford DeAnza II - PHS 5. Model Direct of Mental Retardation Neuropsychologist 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Dale Watson Edward Sousa San Carlos III - MM 6. Eyewitness Identification Issues 1.5 Hours Criminal Law Legal Specialization, Evidence Kathy Pezdek Ezekiel Edwards Steinbeck Forum - MCC 7. Representing Foreign Nationals 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Sandra Babcock Colton Room - MCC 8. Federal Track: What Federal Verdict Forms Can Teach us about What Works and What Doesn’t in Penalty Phase 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Steve Potolsky Jim Thomson Redwood Room – PHS 9. Federal Track: Litigating Daubert 1.5 Hours Criminal Law Legal Specialization, Evidence Rob Epstein Bonsai Ballroom - PHS 10. Post-Conviction Track: Preparing, Drafting and Obtaining Mitigation Declarations 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings David Paschal Michael Laurence Ferrante Room - MCC 11. Post-Conviction Track: Presenting and Proving Mental Retardation Claims in the California Supreme Court 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Mary McComb Cristina Bordé San Carlos II - MM 12. Post-Conviction Track: Understanding Federal Budgeting in Habeas Proceedings 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Joe Schlesinger Sean Kennedy Cottonwood Room - PHS 2:45-4:15pm WORKSHOPS 1. Impact of Incarceration 1.5 Hours Criminal Law Legal Specialization, Evidence Craig Haney Redwood Room – PHS 2. Effectively Using Questionnaires in Jury Selection 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Lois Heaney Jeri Polen DeAnza I - PHS 3. Preparing your Penalty Closing 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Henderson Hill Steinbeck Forum - MCC 4. Managing Your Client’s Mental Health During Trial and Post-Conviction Litigation 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Gary Sowards Denise Gragg Ferrante Room - MCC 5. Model Direct of Defense Trauma Expert 1.5 Hours Criminal Law Legal Specialization, Evidence Bekh Bradley David Bruck DeAnza II - PHS 6. Getting Organized and Staying Organized-Organizing for the Future 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Jennifer Friedman Mary Alice Burns San Carlos III - MM 7. Co-Defendant Cases: State and Federal 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy John Cotsirilos Steve Potolsky Cottonwood Room – PHS 8. Federal Track: Investigating and Presenting Cultural and Environmental Mitigation in Federal Capital Cases 1.5 Hours Criminal Law Legal Specialization, Evidence Jill Miller Colton Room - MCC 9. Cultural and Racial Issues Affecting Investigation 1.5 Hours Criminal Law Legal Specialization, Elimination of Bias in the Legal Profession Scharlette Holdman Pam Siller Bonsai Ballroom - PHS 10. Post-Conviction Track: Presenting and Proving Childhood Trauma in Post-Conviction 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Denny LeBoeuf Larry Miller San Carlos IV - MM 11. Post-Conviction Track: Obtaining Prosecution Files in Post-Conviction 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Jennifer Corey Kevin Bringuel San Carlos I - MM 12. Post-Conviction Track: Capital Appellate Practice in the Ninth Circuit 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Denise Young Jeannie Sternberg San Carlos II - MM 4:30-6:00pm PLENARY: Structuring Your Penalty Opening Statement 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy Bryan Stevenson Serra Ballroom - MCC 7:30-8:30pm Empty Chair Documentary Produced and Directed By Jacque Lofaro Steinbeck Forum - MCC “The Empty Chair intimately reveals a hidden view of murder’s aftermath: Families left behind, their lives torn apart by random loss of a loved one. The film documents 4 compelling stories of family members as they relive the brutal details of the murders; express their rage at the justice system that renders them invisible; demand or denounce punishment by death; struggle to forgive and to heal.” Shown in the Steinbeck Forum Monday, February 15, 2010 9:00-10:30am PLENARY: Fighting for Our Future-Funding Challenges and the ABA Guidelines 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law David Bruck Monica Foster Serra Ballroom – MCC 10:45-12:00pm Litigating Race in “Post-Racial America” 1.5 Hours Criminal Law Legal Specialization, Elimination of Bias in the Legal Profession Christina Swarns Ryan Haygood Bonsai Ballroom - PHS Jury Selection Practice Sessions: 1.5 Hours Criminal Law Legal Specialization, Trial Advocacy (Advance Registration Required) Space is Limited to 6 Participants’ each Session Lois Heaney, Christopher Adams, Denise Gragg, John Cotsirilos, Jeri Polen, Henderson Hill Colton I, II & III – MCC and Redwood, Cottonwood and Ironwood Rooms- PHS Case Consultation 1.5 Hours Criminal Law Legal Specialization, Substance Abuse (Advance Registration Required) Alex Stalcup Ferrante Room - MCC Networking Sessions: Serra Ballroom - MCC 1. Eastern District 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Allison Claire Serra Ballroom - MCC 2. Central District 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Sean Kennedy Serra Ballroom - MCC 3. Northern District 1.5 Hours Criminal Law Legal Specialization, Other Subjects Related to Criminal Law Wesley Van Winkle Mark Olive Serra Ballroom - MCC 4. Direct/ State Appeal 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Lisa Romo Steve Parnes Serra Ballroom - MCC 5. State Post-Conviction 1.5 Hours Criminal Law Legal Specialization, Appellate Law Legal Specialization, Appellate & Writs 1.5 Hours Criminal Law Legal Specialization,Writs, Appeals, and Ancillary Proceedings Andrew Love Mary Jane Mona Serra Ballroom - MCC MCLE CREDITS This program is co-sponsored by approved providers of MCLE activities and legal specialization in appellate and criminal law. This is an organized program of learning that has significant current intellectual and practical content related to legal subjects and the legal profession. Each year’s program is unique. All required written materials, course evaluation forms and certificates of attendance are provided upon registration, and signature. Signatures are required on forms provided at each individual workshop to obtain the related Legal Specialization credits for that workshop. Individual attendees are responsible for keeping track of their own MCLE totals. The following is a breakdown of credits available, depending on the sessions attended.
· Up to 22.50 hours of MCLE credit · Up to 22.50 hours of Criminal Law Legal Specialization Credit o 10.5 hours in Evidence; o 15 hours in Trial Advocacy; o 10.5 hours in Writs, Appeals and Ancillary Proceedings; o 11 hours in Other Subjects Related to Criminal Law; · Up to 10.5 hours of Appellate Law Legal Specialization credits in Appeals and Writs · Up to 1.5 hours in Legal Ethics · Up to 4.5 hours in Detection/ Prevention of Substance Abuse · Up to 6.0 hours in the Elimination of Bias in the Legal Profession
Location of Meeting Rooms
Serra Ballroom – 1st Floor, Portola Lobby
Steinbeck Forum, 3rd Floor Ferrante I – III, 3rd Floor
Portola Hotel & Spa (PHS)
De Anza I – III, 1st Floor
Bonsai I – III, 1st Floor
Redwood, Ironwood & Cottonwood Rooms, 3rd Floor Monterey Marriott Hotel (MM)
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