The 48th Annual 2013 Criminal Justice Institute ... - Minnesota CLE

Sue Abderholden
NAMI-Minnesota
Saint Paul
Paul B. Ahern
Paul B. Ahern, P.A.
Hopkins
Sgt. John Bandemer
Saint Paul Police Department
Saint Paul
Joan M. Bibelhausen
Lawyers Concerned for Lawyers
Saint Paul
Dr. Michel A. Cramer
Bornemann
Hennepin County Medical Center
Minneapolis
Frederic K. Bruno
Bruno Law
Minneapolis
Honorable Kevin S. Burke
Hennepin County District Court
Minneapolis
Honorable Peter A. Cahill
Hennepin County District Court
Minneapolis
Jodie L. Carlson
MN State Public Defenders
Office
Saint Paul
John J. Carney
Carney Forensics
Saint Paul
John J. Choi
Ramsey County Attorney’s Office
Saint Paul
Jennifer R. Coates
MN Attorney General’s Office
Saint Paul
Martin J. Costello
Richfield City Prosecutor
Richfield
Daniel Drexler
MN Department of
Transportation/FMCSA
Saint Paul
Katherine A. Engler
Bureau of Criminal Apprehension
Saint Paul
Andrew W. Evans
Bureau of Criminal Apprehension
Saint Paul
Gina Evans
Minnesota Adult and Teen
Challenge
Minneapolis
W. Anders Folk
Leonard Street and Deinard PA
Minneapolis
Matthew G. Frank
MN Attorney General’s Office
Saint Paul
Joseph S. Friedberg
Joseph Friedberg Law Office
Minneapolis
Fred T. Friedman
6th Judicial District Public
Defenders Office
Duluth
2013 Criminal Justice Institute Faculty & Planners
Thomas C. Gallagher
Gallagher Criminal Defense
Services
Minneapolis
Professor Gary S. Gildin
Dickinson School of Law
Pennsylvania State University
University Park, PA
Scott Giles
Hennepin County Sheriff’s Office
Minneapolis
Robert L. Gjorvad
Runchey Louwagie & Wellman
Marshall
Grant Goerke
Saint Paul
Mark A. Haase
Council on Crime and Justice
Minneapolis
Marsh J. Halberg
Halberg Criminal Defense
Bloomington
Sgt. Steve Henning
Hennepin County Sheriff’s Office
Minneapolis
Representative
Debra J. Hilstrom
District 40B
Brooklyn Park
Gary Kalstabakken
Bureau of Criminal Apprehension
Saint Paul
Brian Kasbohm
Forensic Laboratory Advisory
Board
Chanhassen
Kelly J. Keegan
Brandt Criminal Defense
Anoka
Janelle P. Kendall
Stearns County Attorney’s Office
Saint Cloud
Angela Helseth Kiese
MN Attorney General’s Office
Saint Paul
John P. Kingrey
Minnesota County Attorneys
Association
Saint Paul
Kenneth F. Kirwin
William Mitchell College of Law
Saint Paul
William F. Klumpp
MN Attorney General’s Office
Saint Paul
Catherine M. Knutson
Bureau of Criminal Apprehension
Saint Paul
Greg T. Kryzer
Wright County Attorney’s Office
Buffalo
Debbie E. Lang
Caplan & Tamburino, PA
Minneapolis
Joshua R. Larson
Hennepin County Attorney’s
Office
Minneapolis
Jennifer L. Lauermann
MN State Public Defender’s
Office
Saint Paul
William A. Lemons
Minnesota County Attorney’s
Association
Saint Paul
Gary B. Link
Bureau of Criminal Apprehension
Saint Paul
Charles E. “Chuck” MacLean
Assistant Professor of Law
Indiana Tech Law School
Fort Wayne, IN
James Mackin
Minnesota Adult and Teen
Challenge
Minneapolis
Mary M. McComb
Department of Corrections
Bayport
Jessica S. McConaughey
Saint Paul City Attorney’s Office
Saint Paul
James Moore
Minnesota Adult and Teen
Challenge
Minneapolis
Bruce D. Nestor
DeLeon & Nestor
Minneapolis
Eric L. Newmark
Newmark Law Office, LLC
Minneapolis
Mark R. Nielsen
Bureau of Criminal Apprehension
Saint Paul
Kevin O’Laughlin
Winona County Attorney’s Office
Winona
Eric J. Olson
Olson Defense PLLC
Bloomington
Sgt. Timothy Olson
Edina Police Department
Edina
Senator Julianne Ortman
Minnesota Senate
Saint Paul
Ryan M. Pacyga
Ryan Pacyga Criminal Defense
Minneapolis
Special Thanks to Our Sponsors!
Reception
Honorable Alan F. Pendleton
Anoka County District Court
Anoka
Honorable Kathryn L.
Quaintance
Hennepin County District Court
Minneapolis
Honorable Jay M. Quam
Hennepin County District Court
Minneapolis
Special Agent Ann Quinn
Bureau of Criminal Apprehension
Saint Paul
Chief Gordon Ramsay
Duluth Police Department
Duluth
Charles O. Roehrdanz
MN Attorney General’s Office
Saint Paul
Mark Rogers
Bureau of Criminal Apprehension
Saint Paul
Leslie J. Rosenberg
MN State Public Defender’s
Office
Saint Paul
Mark S. Rubin
Saint Louis County Attorney’s
Office
Duluth
Deborah L. Russell
Hennepin County Attorney’s
Office
Minneapolis
Lymari J. Santana
Mack & Santana Law Offices PC
Minneapolis
Steven L. Schleicher
U.S. Attorney’s Office
Saint Paul
Carolyn Agin Schmidt
Schmidt Law Office
Minneapolis
Torrie J. Schneider
City of Bloomington
Bloomington
Dr. Mary Ann Sens
University of North Dakota
Grand Forks, ND
Jeffrey S. Sheridan
Strandemo Sheridan & Dulas
Eagan
Breakfast
Kevin H. Siefken
Christian & Peterson Law Office
Albert Lea
Sheriff Richard W. Stanek
Hennepin County Sheriff’s Office
Minneapolis
Elizabeth A. Stawicki
MN Public Radio
Saint Paul
Dr. Matthew J. Stiehm
Stiehm Solutions
Hopkins
Honorable David R. Stras
Minnesota Supreme Court
Saint Paul
John M. Stuart
Board of Public Defense
Minneapolis
Sheila M. Stuhlman
Immigrant Law Center of
Minnesota
Saint Paul
Robert W. Sykora
Board of Public Defense
Minneapolis
Russell Traurig
U.S. Department of Justice
Fargo, ND
Thomas W. Van Hon
Attorney at Law
Fairfax
David S. Voigt
Minnesota Attorney General’s
Office
Saint Paul
Jerome M. Wilhelmy
MN Department of Corrections
Saint Paul
Bruce R. Williams
Williams Law Office
Virginia
Andrew R. Winter
U.S. Attorney’s Office
Minneapolis
Planning Committee Member
Tote Bags
Minnesota
State Bar
Association
Please “” appropriate box below:
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$495 Prosecutor
$495 Public Defender
$325 Law Enforcement
$325 Judicial Clerk
$495 Other:
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2550 UNIVERSITY AVE W #160-S, SAINT PAUL MN 55114
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The 2013 Criminal Justice Institute
Monday & Tuesday, August 26 & 27, 2013 • St. Paul RiverCentre
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CSI Minnesota: The A, B and C's
of Expert Testimony – Part I
[471-14 / vjo]
Thursday, September 19, 8:55 a.m. – 12:10 p.m.
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I am attending the 2013 Criminal Justice Institute and
would like to attend this live bonus session at no
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but would like to attend this live bonus session.
Tuition: $145
CSI Minnesota: The A, B and C's
of Expert Testimony – Part II
[472-14 / vjo]
Thursday, September 19, 12:55 – 3:00 p.m.
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600 Nicollet Mall, Suite 370; Third Floor City Center
I am attending the 2013 Criminal Justice Institute and
would like to attend this live bonus session at no
additional cost. (Included in Institute tuition)
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General Course Information
SPECIAL HOTEL ACCOMMODATION RATES
Minnesota CLE has established room rates with the Saint Paul hotels
listed below. Be sure to identify yourself with Minnesota CLE to get
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Holiday Inn St. Paul Downtown – $120
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DoubleTree by Hilton St. Paul Downtown – $121
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The Saint Paul Hotel – $155
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CREDITS
2013 Criminal Justice Institute – Minnesota CLE has applied to the
Minnesota State Board of CLE for 12.5 CLE credits, including 2.0
elimination of bias credits for breakout #10 and 1.0 ethics credit for
breakout #39. You must deduct the special credits from the 12.5 hours
of standard credit. Application is also being made to the MN Peace
Officer Standards and Training Board for 12.0 POST credits. In no case
may you claim more than 12.5 total credits for the 2013 Criminal Justice
Institute.
Bonus Session: CSI Minnesota – Part I – Minnesota CLE has applied
to the Minnesota State Board of CLE for 3.0 standard CLE credits.
Application is also being made to the MN Peace Officer Standards and
Training Board for 3.0 POST credits.
Bonus Session: CSI Minnesota – Part II – Minnesota CLE has applied
to the Minnesota State Board of CLE for 2.0 standard CLE credits.
Application is also being made to the MN Peace Officer Standards and
Training Board for 2.0 POST credits.
New Lawyer Scholarship Program
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program for unemployed and underemployed lawyers admitted less than
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before the program will receive a full credit on their account; if fewer
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Passholders may purchase the materials at 50% of the full retail price.
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Minnesota Continuing Legal Education, joined by the Minnesota County Attorney’s Association,
the Office of the Minnesota Public Defender, the Bureau of Criminal Apprehension, the Office
of Continuing Legal Education for State Court Personnel, the Office of the Attorney General,
Minnesota Criminal Defense Lawyers and the MSBA Criminal Law Section present
The 48th Annual
Criminal Justice
Institute
Highlights
• US Supreme Court Review featuring
Associate Justice David R. Stras
• Cross Examination – renowned speakers
Gary S. Gildin and Joe Friedberg both take a
detailed look at cross examination
• Working through electronic evidence issues
• Mental Health and Guns
• Gideon – its meaning and impact
• Judge Alan Pendleton’s Pre-trial best practices
and Criminal Jury Trial Judge’s Manual
• Over 40 sessions plus the Dirty Dozen
covering everything from abusive trauma
cases, search and seizure, firearms rights,
immigration, and family law considerations
• And much, much more!
Terrific Resources for All
Participants Including:
• 2013 Criminal Code
• Judge Pendleton’s Criminal Jury Trial Judge’s
Manual and Telephonic Search Warrants –
Seven Steps and Warrantless Motor Vehicle
Search Warrants
New Law
• McNeely – its impact on
testing and warrants in
Minnesota covered in
multiple sessions
• Telephonic search warrants
• Juvenile law post-Miller
• The latest on forfeiture
• DNA Phenotyping
• The legislative update
• The Minnesota Supreme
Court update
• The latest on immigration
law, misuse of government
data
• And much, much more!
Monday & Tuesday,
August 26 & 27, 2013
Saint Paul RiverCentre
Special Bonus Session:
Free to all 2013
Criminal Justice
Institute registrants!
CSI Minnesota: The
A, B and C’s of Expert
Testimony
Two separate seminars will be
taught on Thursday, September
19, 2013 both live in the
auditorium at the Minnesota CLE
Conference Center in downtown
Minneapolis or available via live
webcast.
Join Fred Bruno and Carolyn Agin
Schmidt along with a talented
group of scientists as they go
through accident reconstruction,
ballistics, bodies, bones, bugs,
and computers. Check inside for
these terrific agendas!

Day 1 – Monday, August 26, 2013
7:45 – 8:30 a.m. Check-In & Continental Breakfast
8:30 – 9:15 a.m.
Mental Health & Guns
– Sue Abderholden, Senator Julianne Ortman & Honorable Jay M. Quam
– Sheriff Richard W. Stanek, moderator
9:15 – 10:00 a.m.
Gideon and Its Meaning and Impact on the Criminal
Justice System in Minnesota After 50 Years
– Honorable Kevin S. Burke, John J. Choi, Fred T. Friedman &
Representative Debra J. Hilstrom
– John M. Stuart, moderator
10:00 – 10:30 a.m. BREAK
10:30 – 11:45 a.m.
U.S. Supreme Court Review
– Honorable David R. Stras
11:15 a.m. – 12:15 p.m.
The Care, Feeding and Cross Examination of Stool
Pigeons, Canaries and Other Birds of Prey
– Joseph S. Friedberg
12:15 – 1:15 p.m. Lunch (provided)
1:15 – 2:15 p.m.
BREAKOUT SESSION A
1. SUPER BREAKOUT – DWI Update
– Jeffrey S. Sheridan
2. Investigating and Prosecuting a Racketeering
Organization – An Overview of the Use of a Unique
Tool to Prosecute a Dangerous Criminal Organization
(2-hour session)
When does it make sense to use the Federal RICO statute; special
considerations – investigating a criminal enterprise; prosecuting a
criminal enterprise; challenges in presenting a RICO case to a jury; and
sentencing issues in RICO cases.
– Grant Goerke, Mark Rogers, Steven L. Schleicher, Russell Traurig,
Jerome M. Wilhelmy & Andrew R. Winter
3. Dealing with Pro Se Litigants
– Jennifer R. Coates
4. Prosecuting DV Cases – What if the Judge’s Order Was
Actually Enforced?
Repeat felony domestic violence offenders act differently under
meaningful surveillance; the team approach works better for offenders –
and victims; legal aid attorneys working with victims (as a confidential
part of a team working with community advocates and prosecutor
victim assistance) deals with the victim’s reality better than traditional
models; what CAN be done with a manageably sized repeat offender
population and intentional resource allocation. This presentation is
based on the Stearns County process – operational 4 full years; winner
of statewide and national criminal justice innovation awards.
– Janelle P. Kendall
5. Using Technology for Persuasion at Trial
– Ryan M. Pacyga
6. E-Filing & E-Serving (Including a Live Demo)
Live demonstration of eFiling and eServing a document; status of rollout
of eFiling statewide; public and attorney access to electronic documents;
and Judge’s electronic signatures.
– Honorable Peter A. Cahill
7. Drug Chemistry Field Identification Certificate
Program
– Mark R. Nielsen
8. Defending Marijuana Cases – It’s Still Illegal
Attacking the motor vehicle search – odor may not be probable cause;
attacking the home search – limits on police power and discretion;
attacking the gun enhancement – how to bury the gun enhancement –
mandatory minimum; possession vs. sale: What do they have to prove?;
and old defenses are new again; medical marijuana, religious use, jury
nullification.
– Thomas C. Gallagher
2:15 – 2:30 p.m. BREAK
2:30 – 3:30 p.m.
BREAKOUT SESSION B
(The Native Mob Trial continued)
9. SUPER BREAKOUT – Pre-Trial Best Practices –
20 Pre-Trial Topics that Every Attorney Must be
Prepared to Discuss
Every attorney’s most important asset is his/her reputation. This session
will cover what attorneys must do in order to maintain and enhance
their reputation as a trial attorney with the judge. Immediately before
commencement of trial, there are certain procedural, logistical and
evidentiary issues that every trial attorney must be prepared to discuss.
Judge Pendleton, using his “Criminal Jury Trial Judge’s Manual”, will
discuss and analyze these important, proven practices.
– Honorable Alan F. Pendleton
10. Bias and Cultural Specificity in the Treatment
Industry
(2-hour session)
(2.0 elimination of bias credits)
Cultural specificity in the treatment industry; different culturally specific
programs; dispositional downward departures; and mitigating factors
for diversion to treatment.
– Gina Evans, James Moore & James Mackin
11. Criminal Records Expungement – Remedy or Red
Herring?
Why do people with criminal records need a remedy?; basics of current
Minnesota criminal and juvenile Expungement law and procedure;
benefits and shortcomings of Minnesota criminal Expungement law, and
other ways attorneys can assist clients; and recent policy work regarding
Expungement and collateral consequences and a forecast of upcoming
proposals. The presenter will also include relevant updates from: State v.
MDT, and In the Matter of the Welfare of J.J.P.
– Mark A. Haase
12. CVO & CVH Cases After Al-Naseer & Senser:
Knowledge, Causation, Intent, Oh My!
Differentiating between CVO and felony hit and run; proving knowledge
through circumstantial evidence; and distinguishing Al-Naseer cases.
– Deborah L. Russell
13. Succession Planning – The Time is Now
Don’t wait until you get a two-week notice a key employee is leaving.
Today’s workforce is more mobile and less loyal than ever and it is the
time to start succession planning now. With a few key strategies you can
ensure your workplace is ready for the two-week notice.
– Chief Gordon Ramsay
14. “Children or Different” – Representing Juveniles Post-
Miller – a Slippery Slope or Paradigm Shift? Should
the Criminal Law be Applied to Juvenile Offenders?
Implications of Miller v. Alabama for ordering juveniles to serve life
without possibilities of release – even if non-mandatory. Implications of
Miller for certifying juveniles to stand trial as adults, sentencing issues;
should adult standards be used in prosecuting juveniles in juvenile court;
does Minnesota case law properly recognize that the U.S. Supreme
Court has held that children are different?
– Leslie J. Rosenberg
15. Financial Exploitation of Vulnerable Adults
– Charles O. Roehrdanz
3:30 – 3:45 p.m. BREAK
3:45 – 4:45 p.m.
BREAKOUT SESSION C
(Elimination of Bias continued)
16. Dude! Where’s My Car?!? – Today’s Forfeiture Laws
Vehicle forfeiture in DWIs; fleeing cases; in drug cases; timing and
notification – will include the latest case law developments.
– Debbie E. Lang & Eric J. Olson
17. Misdemeanors Matter – What Every Trial Attorney
Should Know About Misdemeanor Appeals
How to protect the record for appeal at the district court level; what
factors to consider when deciding whether to appeal; how to perfect
the appeal, how the state/prosecutor initiates an appeal and more about
post-conviction relief for Chapter 590.
– Jennifer L. Lauermann & Jessica S. McConaughey
18. Human Trafficking: A Silent Epidemic
This session introduces participants to the dangerous world of human
trafficking, which involves the use of force, fraud or deception to move
children to a different environment for the purposes of economic
exploitation such as prostitution or forced labor. Human Trafficking
has become the second most profitable criminal industry behind drug
trafficking. The growing prevalence of this problem is discussed, along
with the development of task forces designed to empower local law
enforcement to better identify and rescue victims. Effective strategies
involve collaboration with social service and victim organizations as well
a federal agencies break up organized trafficking networks.
– Sgt. John Bandemer & Special Agent Ann Quinn
19. Commercial Drivers License (CDL) – Something Every
Court Practitioner Needs to Know About CDLs
Federal regulations; reporting requirements and anti-masking laws;
commercial drivers licenses and commercial drivers license information
system; DWI issues; felons and CLD consequences; available resources
for judges, attorneys, and court personnel; and federal motor carrier
safety administration.
– Daniel Drexler & William A. Lemons
20. Guns and Canada
What felonies prevent a person from possessing a firearm; how
domestic assaults affect gun rights; what offenses keep someone out of
Canada; how a person receives permission to re-enter Canada; and what
happens if Canada won’t let me in?
– Bruce R. Williams
21. DNA Phenotyping: Can Investigators Generate a
Wanted Poster From a Drop of Blood?
Current state of DNA phenotyping science; how phenotyping differs
from genotyping; investigative uses of DNA phenotyping; limits on DNA
phenotyping; and ethical/moral issues regarding DNA phenotyping.
– Charles E. MacLean
22. Important Family Law Considerations in Criminal
Cases
Spotting issues that can affect your client’s custody and parenting time
with their children; issues that can impact dissolution proceedings; and
when to involve a family law attorney in the process.
– Lymari J. Santana & Carolyn Agin Schmidt
4:45 – 6:00 p.m.
Institute Reception
Sponsored by Smart Start MN
Day 2 – Tuesday, August 27, 2013
8:00 – 8:30 a.m. Continental Breakfast
8:30 – 9:15 a.m.
Minnesota Supreme Court Update – 2012-2013 Term
2012-2013 Minnesota Supreme Court decisions; review of precedents
overruled, modified, etc.; Minnesota Supreme Court Justices (two new
Justices); and Minnesota Rules of Criminal Procedure changes.
– Martin J. Costello
9:15 – 9:45 a.m.
Legislative Update
– Angela Helseth Kiese
9:45 – 10:00 a.m. BREAK
10:00 – 11:15 a.m.
Constructing the Trial Story on Cross-Examination –
Should “A Few Good Men” Be Our Role Model for Cross-
Examining Witnesses in Criminal Cases
Why cross-examination need not be “cross”; how cross-examination must
be consistent with the factual theory of the case; and how to use crossexamination
to advance the trial’s factual theory of the case.
– Professor Gary S. Gildin
11:15 a.m. – 12:00 p.m.
Working Through Electronic Evidence Issues in Criminal
Procedures
– Professor Gary S. Gildin, Honorable Alan F. Pendleton & Mark S. Rubin
– Fred T. Friedman, Moderator
12:00 – 1:00 p.m. Lunch (provided)
1:00 – 2:00 p.m.
BREAKOUT SESSION D
23. SUPER BREAKOUT – The Dirty Dozen
(2-hour session)
This year’s Dirty Dozen will include the latest and hottest topics
affecting practice, trials and procedures throughout Minnesota. Topics
will include: Terrorism, Ambien Toxicology and Forensic Implications,
Automatic License Plate Readers and a PBT Demonstration.
– Dr. Michel A. Cramer Borneman, W. Anders Folk,
Reese Fredrikson (invited), Debbie E. Lang, Sgt. Timothy Olson,
Torrie J. Schneider & Jennifer Verdeja (invited)
– Marsh J. Halberg, moderator
24. McNeely and Its Impact on Search Warrants
With the advent of the McNeely decision, however the appellate courts
end up ruling, the likely result will be in increase in the number of late
night traditional and telephonic search warrants. This session will cover
the rules and pitfalls that every attorney should know. Traditional and
telephonic search warrants; three (3) basic rules that every attorney must
know and nine (9) additional rules that every attorney should know.
– William A. Lemons & Honorable Alan F. Pendleton
25. All the Databases and Acronyms – Bureau of Criminal
Apprehension (BCA) Systems Overview
The sources of criminal justice information available through the BCA;
what information is available within each source system; access based
on your role: prosecutor, public defender; law enforcement; and search
options: direct source vs. integrated search service.
– Gary Kalstabakken
26. Fulfilling Duties Under Padilla: Is Anything Really
“Clear” in Immigration Law?
Fulfilling your Padilla duties; plea hearings; sources of immigration
advice; comprehensive immigration reform and post conviction relief.
– Bruce D. Nestor & Sheila M. Stuhlman
27. Recoverable Social Media – What Prosecutors and
Defense Attorneys Should Know
How this unique, emergent form of evidence can be used for criminal
investigations and criminal discover; the DOJ memo to law enforcement
uncovered by FOIA stressing why and how to use social media in
criminal cases; Social Media for the Internet and Law Enforcement
(SMILE) and its conferences for social media use as evidence in criminal
cases. It’s good for county attorneys to know and a wakeup call for
defense attorneys; social media evidence recovered from smart phones
and personal computers; and the ethics of social media evidence
collection including what you can and cannot do, if you want to keep
your license that is.
– John J. Carney
28. Demarcating the Levels of Bodily Harm in Assault
Cases
How the appellate courts have defined bodily harm, substantial bodily
harm, and great bodily harm; examples in which the courts have not
been clear or consistent; and examples which have caused practitioners
difficulty.
– Joshua R. Larson
29. Brain Imaging and Mental Health Issues in
Criminal Cases – Can a Picture of the Defendant’s
Brain Prove Your Case?
The basics of neuroscience; what is a brain image (PET, EEG, MEG
& FMRI); how can brain imaging be used in juvenile certification,
competency, insanity defense and sentence mitigation or aggravation
hearings; what is being done to update the ABA Criminal Justice Mental
Health Standards.
– William F. Klumpp
2:00 – 2:15 p.m. BREAK
2:15 – 3:15 p.m.
BREAKOUT SESSION E
(Dirty Dozen continued)
30. The Loss and Restoration of Firearms Rights
Felony crimes of violence under 724.712 Subd. 5 and the process
to restore rights under 609.165 Subd. 1d; misdemeanor crimes of
domestic assault under 18 U.S.C. 922(g)(9) and expungement; permits
to carry a pistol under 724.714 and the process to challenge the denial
of a permit under 624.714 Subd.12; and persons not eligible to possess
firearms under 724.713.
– Kelly J. Keegan & Greg T. Kryzer
31. Misuse of Government Databases – Lessons Learned
and Future Trends – Access, Use, Sharing, Audits and
Consequences
Data repositories available to users based upon their criminal justice
role; what training is available and what certifications are required to
access the data repositories; how the data obtained must be handled
pursuant to the Government Data Practices Act, Security Policies and
other applicable regulations; how audits can help prevent inappropriate
use; what distinguishes appropriate use from inappropriate use; and
the lessons learned from past inappropriate use, what is being done to
address them, and what we can expect to see in the future.
– Gary B. Link
32. Sovereign Citizen Tactics in Criminal Court and
Prison – Harmless Kooks, Domestic Terrorists or
Both?
(2-hour session)
A historical overview of the sovereign citizen movement in the U.S. and
Minnesota; sovereign theories of jurisdiction and government authority;
how sovereigns misuse common law principles and contract theory
in the criminal justice system; and how to recognize sovereign “paper
terrorism” tactics and bogus liens.
– Mary M. McComb
33. Handling Cases Involving Abusive Trauma to Children
Proper investigation of cases of suspected abusive trauma to children;
the current state of medical research on abusive heard trauma and
other injuries; and legal issues involved in charging, prosecuting, and
defending cases of suspected abusive trauma to children. This session
will include analysis by the noted and renowned Dr. Mary Ann Sens,
M.D., Ph.D.
– Matthew Frank & Dr. Mary Ann Sens
34. Using Experts in Criminal Cases – Experts – What!?
Understand when to use experts; developing your expert(s); vetting
experts; and why do you want to use experts.
– Dr. Matthew M. Stiehm
35. Local Rules Which Make Lawyers Look Foolish –
“That’s Not How We Do It Here, Dummy!”
– Paul B. Ahern
3:15 – 3:30 p.m. BREAK
3:30 – 4:30 p.m.
BREAKOUT SESSION F
(Sovereign Citizens continued)
36. Forensic Laboratory Accreditation: Quality Matters
– Scott Giles, Steve Henning, Brian Kasbohm & Catherine M. Knutson
37. Data Practices: The Topic You Love to Hate – Hot Data
Topics for Criminal Justice Professionals
A basic concepts refresher; problem areas: data about those under age
18, medical information, what law enforcement data are always public;
and legislative update.
– Katherine A. Engler
38. Voluntary Intoxication and Sleepwalking Defense
Cases
– Eric L. Newmark
39. The Ethics of the Deal: The Truth, Some More of
the Truth, and Nothing but the Truth – Ethical and
Criminal Defense
(1.0 ethics credit)
What lawyers can and must disclose in representing defendants; what
lawyers must never disclose; and common ethical dilemmas faces by
defense attorneys balancing the three.
– Kevin H. Siefken
40. Compassion Fatigue and Its Impact on the Criminal
Process
Lawyers and judges in the criminal process face some of the most
difficult situations in our society. Exposure to secondary and vicarious
trauma is constant. Compassion fatigue, burnout, depression and other
conditions may result. What are the predictors for negative impacts and
how can we build resilience in the face of these demands and crises?
Lawyers and news reporters have similar experiences in listening to and
retelling someone’s story of trauma. What can we learn from each other
to help clients and ourselves?
– Joan M. Bibelhausen, Judge Kathryn L. Quaintance &
Elizabeth A. Stawicki
41. Search and Seizure – The Resurgent Fourth
Amendment – Impact on Minnesota Precedents
The U.S. Supreme Court’s 2009 shift in Fourth Amendment analysis;
the U.S. Supreme Court’s 2009-2013 search-and-seizure rulings
compared with Minnesota’s Constitution; the extent to which Minnesota
precedents are wholly or partially overruled or drawn into question by
the U.S. Supreme Court’s 2009-2013 search-and-seizure rulings.
– Kenneth F. Kirwin
Bonus Sessions –
Thursday, September 19, 2013
Both Sessions Available Live or Simulcast!
CSI Minnesota: The A, B and C’s of Expert
Testimony – Part I
8:55 – 9:00 a.m.
Welcome & Introduction – Part I
– Frederic Bruno & Carolyn Agin Schmidt
Course Co-Chairs
9:00 – 9:45 a.m.
A – Arson: Tap Dancing on Match Sticks –
A Guide to Distinguishing Fire Science from Fancy
Footwork
– Terry W. Duncan, CFI
Central States Fire Investigations Inc.; Owatonna
9:45 – 10:30 a.m.
A – Accident Reconstruction
– David B. Daubert
Expert Witness Services; Waconia
10:30 – 10:40 a.m. Break
10:40 – 11:25 a.m.
B – Ballistics: Firearm and Toolmark Evidence and
Examinations
An overview of everything you ever wanted to know about firearm
and toolmark identification and why it isn’t ballistics.
– Kurt Moline
Bureau of Criminal Apprehension; Saint Paul
11:25 a.m. – 12:10 p.m.
B – Bodies: Do’s and Don’ts in Working with the
Medical Examiner Witness
How attorneys can work effectively with Medical Examiners.
– Lindsey C. Thomas, MD; Assistant Medical Examiner
Hennepin County Medical Examiner’s Office; Minneapolis
CSI Minnesota: The A, B and C’s of Expert
Testimony – Part II
12:55 – 1:00 p.m.
Welcome & Introduction – Part II
– Frederic Bruno & Carolyn Agin Schmidt
Course Co-Chairs
1:00 – 1:40 p.m.
B – Bones: Burned Bodies and Trauma
What every attorney should know about the practice of forensic
anthropology, the interpretation of burned bodies and traumatic
injury, and key questions to ask the expert.
– Susan M. T. Myster
Hamline University Anthropology Dept; Saint Paul
1:40 – 2:20 p.m.
B – Bugs: Solving Mysteries with Maggots
– Valerie J. Cervenka, M.S., D-ABFE; Division of Forestry
Minnesota Department of Natural Resources; Saint Paul
2:20 – 3:00 p.m.
C – Computers: Computer Forensics – It's More
than Email
Non-traditional evidence sources, such as the iPhone, iPad, and
social media and ethical considerations for their use.
– Mark Lanterman
Computer Forensic Services; Minnetonka
See back panel for registration details. If you plan to attend the
webcast of this bonus session, registration is quick and easy via the
internet at www.minncle.org.