Office of the Wisconsin State Public Defender 2015 Annual Criminal Defense Conference 2015 From the Courtroom to the Interview Room: Fighting for our Clients with Courage and Compassion November 12-13, 2015 Session Descriptions by Day and Room THURSDAY NOVEMBER 12 Regency AB Ballroom It was a Mistake! Litigating Eyewitness Identification Understand the latest research on the fallibility of memory through the case of Ronald Cotton, a man wrongfully convicted by eyewitness testimony. Learn how a witness, with every incentive to identify her assailant, simply gets it wrong. Feel more confident in your ability to defend eyewitness identification cases. Regency CD Ballroom Litigating Fourth Amendment Issues in OWI Cases This presentation will be a step-by-step application of the 4th Amendment, search and seizure analysis, to an OWI stop in Wisconsin. Utilizing Wisconsin case law, Mr. Cohen will discuss the necessary elements to a lawful stop, extended detention and an OWI arrest. Mr. Cohen will also review important 4 th Amendment/ OWI concerns such as pbt administration, McNeely issues, mistake of law v. mistake of fact in traffic stop cases, blood draws, and refusals. The lecture is intended to assist attorneys in the evaluation of client OWI arrests, as well as provide case law for OWI motion practice. Challenging Domestic Abuse Enhancers In recent years, the Wisconsin legislature has substantially increased penalties in domestic violence cases. In addition to increasing penalties, the legislature has also expanded the quantity of crimes that can fall within the "domestic violence" ambit. This legislative "arms race" must serve as a call to arms for the defense bar. Patrick and Tony will provide an overview of the changing domestic violence laws in Wisconsin. Their presentation will suggest creative ways to defend domestic violence cases and will offer an overview of legal challenges that can be brought against certain penalty enhancers. Patrick and Tony will also offer an overview of how domestic violence cases can be treated federally, both for firearm prohibition purposes and sentence enhancement purposes. Finally, because prosecutors sometimes try to circumvent Crawford, the presentation will address ways to handle cases where alleged victims either recant, or make themselves unavailable. Winning the "Losing" Drug Case at Trial This presentation will focus on why and how to try a seemingly un-winable case to a jury. We will discuss voir dire, jury nullification, and trial strategies in difficult cases.
Developing Case Themes and Directing Experts in NGI Cases The presentation will include a discussion of the basic mechanics and procedural mechanisms surrounding an NGI defense and an in-depth discussion of selecting and preparing defense experts in an NGI case and developing a case theme. Specific examples from a recent doublehomicide NGI jury trial where the defendant was found NGI will be used as a case study. Lakeshore Ballroom Cross Examining the Forensic Pathologist This presentation will discuss preparation methods for approaching the cross-examination of a particularly tough nut to crack, the State s forensic pathologist. The discussion will focus on some particulars of the forensic sciences to discuss how to refute or neutralize the State s theory of the case and promote the defense theory of innocence. Blunt Force Trauma Cases This presentation is designed to teach attorneys and investigators about various injuries that result from Blunt Force Trauma. Bruises/Contusions, Abrasions, Lacerations and Avulsions are all discussed with definitions, examples and information on each wound. Dating of bruises is included as well is information on multiple injuries. Pressure ulcer prevention, assessment and staging are discussed. The purpose of the presentation is to assist attorneys and investigators in understanding the causative factors behind injuries from Blunt Force Trauma and provide them with in-depth knowledge regarding the potential indications of such injuries. Objectives Upon completion of this course, the attendee will: 1) Be familiar with the accuracy of dating of bruises and the literature related to it. 2) Be familiar with the types of soft tissue injuries commonly seen in Blunt Force Trauma 3) Be able to recognize patterned injuries related to bruises, abrasions and lacerations. 4) Have a basic understanding of the standards of care as they apply to the prevention and assessment of pressure ulcers. 5) Have a basic knowledge of the staging of pressure ulcers Milwaukee Room All I Really Want is a Time Cut : Arguments and Strategies to Get Your Client Sentence Modification This presentation we will give examples of successful claims for sentence modification. The presenters will give you an overview of the law related to sentence modification and some helpful points to keep in mind as you search for creative ways to try and achieve sentence modification for your clients. How to Drive a Bentley Claim This presentation includes an overview of Bentley plea withdrawal issues, including how to find and raise such claims and a synopsis of the main cases related to Bentley claims. This presentation will also provide examples of successful Bentley claims and other creative ideas related to this area of law.
Executive AB Room Legal Issues and Investigating Domestic Violence Cases In a series of cases beginning with Crawford, the United States Supreme Court changed the landscape of litigating domestic cases. To understand how to take an effective statement from a person who initially claimed assault, you need to understand the law the judge needs to apply. Learn what is testimonial and what an ongoing emergency mean under the law, and how to cultivate facts that support a strong defense case. The Best Way to do Defense Interviews In this session we will discuss how legal case analysis, theory, and defenses are applied to investigation, methods of preparing for investigation and interviews, interviewing techniques, and how to make interviews more effective for cross examination. Trial/Appellate Attorneys Just Don t Understand A discussion of common misconceptions and how we can better work together. Executive CD Room Legislative Update This session will look at legislation, including the biennial budget, that has passed since this Legislature started its session in January as well as still pending legislation. Gilpatrick Room Crimmigration for Appellate Lawyers This presentation focuses ineffective assistance of counsel claims under Padilla v. Kentucky, in light of recent decisions from the Wisconsin Supreme Court. Before addressing the Wisconsin cases, the presentation will review Padilla s holding as well as some basic immigration concepts in order to be able to evaluate trial counsel s performance in giving advice about the immigration consequences, as well as what information would be important in addressing the prejudice prong of an IAC claim. In addition to ineffective assistance of counsel claims, this presentation will also discuss plea withdrawal under Wis. Stat. 971.08(1)(c), and arguments for sentence modifications. The Neuroscience and Application of Mindfulness Practice Everywhere you look there seems to be someone new preaching the benefits of mindfulness practice. Is this just another passing fad? 2,500 years of anecdotal evidence and a few decades of scientific inquiry suggest that it just might outlive the wave of popular media hype it has received in recent years. A growing body of research is showing a wide range of benefits for those who regularly practice mindfulness. Whether it's dealing with stress, anxiety and depression or working to reduce chronic pain or insomnia, mindfulness practice offers simple tools to promote general wellbeing. This presentation will explore some of these benefits, discuss some of the neurobiological mechanisms affected by mindfulness practice, and suggest a few reasons why any of this is relevant for those who work in the criminal defense field.
Navigating Competency: The Clinical and Treatment Side of WSS 971.14(2) & 971.14(5) Attendees will be provided an overview of the components of a Competency to Stand Trial (CST) Examination, the services provided to adult defendants committed to the Department of Health Services (DHS) for treatment to competency and, in particular, the services available through the newly established Outpatient Competency Restoration Program (OCRP). By the close of the presentation, participants will know: Components of a CST examination: evaluation process, assessment tools, and foundation for the examiner s opinion. The basis and process for determinations of the need for inpatient CST examination: Who makes the call? What additional assessment measures may be used? How does the examiner determine if a person is malingering? Components of competency restoration programming: a) the competency curriculum; b) services available to a defendant committed to DHS for restoration; and c) the reexamination process Outpatient Competency Restoration Program (OCRP): Referral process and admission process. The overarching goal of the presentation is to provide attendees working knowledge of the competency evaluation and restoration process and to enhance adherence to the statutory framework that guides it. FRIDAY NOVEMBER 13 Lakeshore Ballroom Investigating Crime Labs and Forensic Evidence The use of forensic evidence has become increasingly routine in criminal cases. Criminal defense lawyers must understand the techniques and methods being used by the forensic examiners and recognize when a technique lacks a scientific foundation. From investigation to the scientific process, to discovery, to limits on testimony in the courtroom, this presentation will provide participants with the means to counter the prosecution s narrative and turn the prosecution's scientific evidence into a tool for the defense. What Your Cell Phone Might Say About You Mobile devices have usurped the place once held by personal computers as the primary repositories of information about their users. What they reveal can be subtle, and range beyond call histories and cell tower data. Likewise, forensics for mobile devices is different, both in theory and in practice, from forensics for computers. This session provides a survey of current issues in mobile devices to help litigators get oriented in the field, interact effectively with experts, and spot potential issues with the accuracy of allegations or the thoroughness of investigations. This talk is devoted to analysis of the devices themselves, not their interactions with cellular networks (i.e., tower pings, signal triangulation, etc.).
Milwaukee Room Understanding the Child Safety Decision Process This training is designed to provide attendees with a brief overview of the child safety decision making process that is used by child welfare agencies. It will assist attorneys in identifying danger threats and child vulnerabilities within the context of the Wisconsin DCF Safety Standards. It will also help attendees identify insufficient parental protective capacities and the feasibility of in-home safety planning. The training will address the application of this information for attorneys of parents and children to assist in all stages of child welfare cases. Executive CD Room Reading Medical Records This presentation reviews several different types of medical records. Medical Records can be daunting for any criminal attorney or investigator to review. The purpose of the presentation is to assist attorneys in focusing their review of medical records and to focus on review of records that contain the information that both civil and criminal attorneys are commonly seeking. To make it relevant and interesting, the records included in this presentation follow an attempted murder case and highlight not only what is in the records but also what might be missing. Objectives Upon completion of this course, the attendee will: 1. Be able to recognize where to find pertinent case information within the medical records. 2. Be able to determine when medications were administered and where to look for medication errors. 3. Recognize red flags for medical errors in operative reports 4. Understand different modes of medical transport and levels of care provided. 5. Identify documents and who is responsible for the information within. Gilpatrick Room Dynamic Risk Factors and their Application to the Norms This session will provide information regarding the dynamic factors relevant to sexual recidivism and identify the strengths and weaknesses of some instruments used to measure dynamic risk factors in Sexually Violent Person (SVP) evaluations.