Sunday, August 17

4:30 – 6:00 p.m.

ADVANCE CHECK-IN


Monday, August 18

7:45 – 8:30 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:30 a.m.

WELCOME & INTRODUCTION

8:30 – 9:00 a.m.

The 2008 Minnesota Case Law Update
– Angela Helseth Kiese

9:00 – 9:45 a.m.

Minnesota Supreme Court Cases Update
Detailed understanding of the 12 most important Minnesota Supreme Court cases, awareness of approximately 40 additional cases and their holdings, written summaries for attorneys to use as a resource.
– Martin J. Costello

9:45 – 10:15 a.m.

Beyond Throwing Away the Key – New Paths to Public Safety
Besides locking up the most dangerous people what does the justice system do to enhance public safety? How do we do more? How do we help people who have served their sentence, contribute to a safe community when they get home?
– Susan E. Gaertner, Senator Linda Higgins, Robert M.A. Johnson, Representative Michael Paymar & Honorable Robert G. Rancourt
– John M. Stuart (moderator)

10:15 – 10:40 a.m.

BREAK

10:40 – 11:20 a.m.

TBA
– Joseph S. Friedberg

11:20 a.m. – 12:00 p.m.

Police Use of Force and Tasers
– Dr. Michael R. Smith

12:00 – 1:00 p.m.

INSTITUTE LUNCHEON (provided by Minnesota CLE poolside)

1:00 – 2:00 p.m.

BREAKOUT SESSION A

1. The Process of Forensic Anthropology
2-hour session
An overview and a hands-on opportunity to delve into the world of Forensic Anthropology. Professor Myster will discuss and review the process and evidentiary issues involving: male/female remains; juvenile/adult remains; examples of traumatic injuries, etc.
– Professor Susan M.T. Myster

2. The DWI Update – Including Source Code
The hottest issues making their way through the courts and through the minds of those pesky defense lawyers. Bring your questions about source code, Shriner, Netland and anything else DWI-related.
– Jeffery S. Sheridan

3. Handling and Proving Emotional Abuse Evidence
This workshop will give an overview of the literature concerning the emotional abuse of a child. With this literature as a backdrop, students will learn concrete methods for investigating these cases, including the interview of an emotionally abused child, and also concrete steps for proving these cases in court.
– Victor I. Vieth

4. Judiciary Limitations on Voir Dire
– Fred T. Friedman

5. Order in the Court – Maintaining Professionalism in the Courtroom
1.0 ethics credit applied for
What is unprofessional conduct? What are the professionalism aspirations? What to do when you believe an attorney is engaged in unprofessional conduct; what to do when you believe a judge is engaged in unprofessional conduct.
– Honorable Francis J. Connolly, Honorable Allen L. Oleisky (ret.) & Honorable Kerry W. Meyer

6. Court World vs. Real World: How Criminal Records are Not What Lawyers Think They Are, Why That's a Problem, and Possible Solutions
Ever told a defendant a stay of imposition will save him from having a "criminal record"? Wrong. Think employers don’t often see or care about old misdemeanors? Wrong. Think it matters to employers what the name of the crime is? Wrong. Is the variation among courts and prosecutors in availability of 152.18 and other stays of adjudication acceptable? How and why "collateral" consequences of encounters with the law are in fact central to the work of justice professionals.
– Honorable Isabel Gomez

7. Cameras in the Courtroom: Is Minnesota Ready for "Lights, Camera, Action!"?
Do Minnesota lawyers need to get ready for "Lights, Camera, Action!" or do the concerns about Cameras in the Courtroom justify our limitations of the public’s ability to access the courts from their living rooms?
– Kyle D. Christopherson, Honorable Ralph R. Erickson & Honorable Michael L. Kirk

8. Police Use of Force and Tasers
– Dr. Michael R. Smith

2:00 – 2:15 p.m.

BREAK

2:15 – 3:15 p.m.

BREAKOUT SESSION B

Session #1 continued

9. Implied Consent Update – Including Source Code
– Jeffrey F. Lebowski

10. Assessing Allegations of Sexual Abuse in Pre or Non-verbal Children
This dynamic workshop will explore how to prove sexual abuse in pre- or non-verbal children through combining brief statements from children with behavioral and brain research. The difficulties of substantiating abuse among preschool children will also be explored and students will learn methods to overcome these obstacles and secure justice for more of these vulnerable children.
– Victor I. Vieth

11. The Jury Trial Waiver
Why are Minnesota’s County Attorneys interested in changing the law regarding jury waivers? Constitutional and case law background concerning tax issues. Arguments pro and con concerning this issue.
– James C. Backstrom

12. Hot Ethics Issues in Criminal Law Practice
2-hour session
2.0 ethics credits applied for
Using hypotheticals, this seminar will explore how lawyers should handle contraband, clients who insist on testifying to less than the whole truth, contact with parties represented by counsel, new proposed ethics rules for prosecutors, disclosing confidential information to defend ineffective assistance of counsel claims, and more.
– Eric T. Cooperstein

13. Data Miners, Government Data, Expungement and Questioned Identity - Canaries in the Data Mine: Your Client's Record and Its Perpetual Internet Life
An update on the status of Expungement, an overview of the business of data mining and its effect on Expungement, questioned identity: when Freddy Felon uses Carl Choirboy’s name, Carl faces some mighty ugly consequences; unanticipated uses of public data: security cameras, license plate readers, and radio frequency tags; race-based consequences of internet-available nonconviction records; and regulating data mining to lessen impact on the accused: jurisdiction, FCRA and FIPPs.
– Robert W. Sykora

14. Search and Seizure – A Review of Important U.S. and Minnesota Constitutional Considerations
– Ken Kirwin

15. When Your Client is Impaired: Addiction and Bias Issues for Attorneys
2-hour session
2.0 elimination of bias credits applied for
Lawyers in the criminal justice system often see clients who appear to be suffering from addictions such as alcoholism and compulsive gambling or mental illness regardless of whether the charge relates to possession or related allegations. While it is not our job to diagnose, what is our role, responsibility and opportunity? The answers are seldom simple and never easy. This program will offer perspectives on bias issues and practical guidance and resources for lawyers facing these questions.
– Joan Bibelhausen

3:15 – 3:30 p.m.

BREAK

3:30 – 4:30 p.m.

BREAKOUT SESSION C

Sessions #12 and #15 continued

16. The Corndog, Water Bottle and DNA – Burglars Need to Eat Too!
Overview and analysis of case reports on property crimes, basic crime scene documentation, evidence collection, the utility of DNA in the context of property crimes; and an overview of the DNA Database and how it works.
– Nathan Wasgatt & SuzAnne Weston-Kirkegaard

17. Process of Going to the U.S. Supreme Court
– Benjamin J. Butler & Patrick C. Diamond

18. Keys to a Successful Cross Examination in Abuse Cases
In this workshop, students will learn the keys to a successful cross-examination. They will learn how to prepare and gain a thorough understanding of the case. Including the evidence to be presented by both sides, drafting cross-examination topics and questions and understanding the limitations of cross-examination. Finally students will learn concrete examples of how to box the witness into a corner.
– Victor I. Vieth

19. Victim Witness Issues in Cold Cases
– Linda Hendlin & Amy E. Sweasy

20. Sentencing Issues for Multiple Offenses
– Philip Carruthers

21. The Basics of Speeding Cases
Foundation requirements for speed measurement devices, different types of speed measurement devices, discovery issues and enhancement provision; license consequences.
– Katrina E. Joseph

4:30 p.m.

ANNUAL RECEPTION
Relax and have fun with long-time friends and new acquaintances.


Tuesday, August 19

8:00 – 8:30 a.m.

CONTINENTAL BREAKFAST

8:30 – 9:00 a.m.

Rules of Criminal Procedure Update – What Has Changed and Why
The Supreme Court Advisory Committee on Criminal Rules is undergoing a complete rules review in an effort to make the rules consistent and more reader friendly. There will also be an opportunity to tell the presenter – who is on the Rules Committee – what frustrations you have experienced with the rules.
– Leonardo Castro

9:00 – 9:20 a.m.

Minnesota Attorney General Address
– Lori R. Swanson

9:20 – 10:00 a.m.

Civil Rights Since 9/11
– Joseph Margulies

10:00 – 10:25 a.m.

BREAK

10:25 – 10:55 a.m.

Race and Criminal Justice – Acknowledging Reality – Working Toward Reform
A former St. Louis police officer talks race, crime and punishment and the absence of a meaningful response among criminal justice offices. The criminal justice process has been negatively impacted by race. We all have a role to play in reforming our system. Accepting the status quo undermines the integrity of the criminal justice process; now is the time to act.
– Redditt Hudson

10:55 – 11:25 a.m.

Illegal Immigration
Examination of nation-wide data, with a focus on Minnesota data; Overview of Congressional activity relating to immigration reform, and Discussion of trends in state and local activity relating to reform.
– Julie M. Kirchner

11:25 – 11:55 a.m.

Immigration Panel
– Claude Arnold, John Keller, Chuck Samuelson & Richard W. Stanek
– Julie M. Kirchner (moderator)

11:55 a.m. – 12:15 p.m.

Mortgage Fraud – "From Fraud to Foreclosure"
Typical mortgage fraud schemes; theories of prosecution and criminal liability; and the impact of foreclosures on neighborhoods.
– Michael O. Freeman

12:15 – 1:15 p.m.

INSTITUTE LUNCHEON (provided by Minnesota CLE poolside)

1:15 – 2:15 p.m.

BREAKOUT SESSION D

22. Rasul v. Bush
– Joseph Margulies

23. Criminal Evidence Update
– Theodore D. Sampsell-Jones

24. Race and Criminal Justice
A former St. Louis police officer talks race, crime and punishment and the absence of a meaningful response among criminal justice offices. The criminal justice process has been negatively impacted by race. We all have a role to play in reforming our system. Accepting the status quo undermines the integrity of the criminal justice process; now is the time to act.
– Redditt Hudson

25. Juvenile Mental Health Issues
– Chris Bray

26. E-Charging
– David M. Johnson & Tom Miller

27. Latest Trends in Marijuanna and Khat in Minnesota
– Sgt. Todd Boelter & Det. Todd Nelson

28. Opening and Closing Arguments
– Alan J. Harris & Marlene E. Senechal

29. Methamphetamines and the People Who Use Them – Eliminating Bias and Understanding Aspects of the Problem
2-hour session
2.0 elimination of bias credits applied for
This session, a reprise of a Section-sponsored class, will help you to recognize problems and biases with your clients, in your workplace, and with your acquaintances. You will discover the physical reasons that make meth particularly addictive, precluding any casual use. You will learn about recovery from the drug and the resulting implications for impartial sentencing and follow-up, and issues and concerns raised by counties with drug courts and without. Well-qualified panelists will lead you through a thoughtful discussion about meth addiction and the justice system's response.
– Julie Loftus Nelson & Richard Ohlenberg

30. Internet Fraud
– Mark K. Shields

2:15 – 2:30 p.m.

BREAK

2:30 – 3:30 p.m.

BREAKOUT SESSION E

Session #29 continued

31. Warrantless Searches of Cell Phones and Uses of GPS
What’s involved and what’s to find involving: cell phones, PDAs, flash drives, e-mails, etc. Peter will also discuss GPS tracking devices.
– Peter J. Orput

32. Importance of Being "Real" in Your Criminal Practice and Legal Writing
– Honorable R.A. (Jim) Randall

33. Adam Walsh Act
– Harry Kennedy

34. Truancy and Educational Neglect
– Lane E. Ayres

35. "The Dirty Dozen: A Mini Symposium of Some of the Hottest Issues in Minnesota's Criminal Justice System"
2-hour session
Topics will include: The Intoxilyzer / Schultz, Cell Phones and Expectations of Privacy, Alcohol Ignition Devices, Juvenile Confidentiality, Computer Forensics, yet another explanation on Source Code (this one in 5-minutes), etc. Don’t miss this quick-hitting survey of hot topics and issues!
– Mark Arneson, David Ayers, Paul Baertschi, Mike Brandt, Honorable Pete Cahill, Kevin Cedegren, Ed Cohen, Mark Lanterman, Patrick Leach, Kelly Wagner & Christine Warren
– Marsh Halberg (moderator)

36. Risk Assessment and Domestic Violence Cases
– Loretta M. Frederick & Honorable Mary Louise Klas

37. Direct Examination and Getting the Witness Ready to Testify
Prosecutors’ ‘bread and butter’; defense’ ‘nightmare’; avoid surprises; preparing for difficult and/or uncooperative witnesses; avoiding ethical problems and dilemmas; preparing and conducting direct examination; and tricks of the trade including" ordering questions, identification, use of "simulated" exhibits, and much more!
– John E. DeSanto

3:30 – 3:45 p.m.

BREAK

3:45 – 4:45 p.m.

BREAKOUT SESSION F

Session #35 continued

38. Past Pattern of Abuse
– Scott A. Hersey & Shirley A. Leko

39. Mitochondrial DNA
What is mitochondrial DNA? Advantages and disadvantages to Mitochondrial DNA analysis. Who performs analysis? Legal requirements for admission at trial; significant cases resolved by Mitochondrial analysis.
– William F. Klumpp & Mohammed Sedqi

40. Anatomy of a Jury
Using a daytime talk show format with real-life jurors – learn first hand how/what jurors think, how much impact the foreperson has on the rest of the jury, and hear how experienced litigators select their jurors. Audience participation will be appreciated, so bring your comments and questions.
– Frederic K. Bruno, Peter J. Orput & Carolyn Agin Schmidt

41. What Newspapers and Media Outlets Do Have Access to in the Criminal Justice System
– Mark R. Anfinson

42. Science and the Lawyer
From DNA to fingerprints, from NIK tests to source codes, the practicing criminal lawyer cannot avoid science. Without scientific training, how are lawyers to know the difference between the good, the bad, and the ugly? Basic information lawyers can use in any case involving scientific evidence, from what to expect, where to look, who to call, why to ask why, when to raise questions and how to assess what the state or the defense has to work with.
– Christine A. Funk

43. Building a Financial Exploitation/Vulnerable Adult Case
Utilizing Minnesota Statute 609.2335 – Who is a vulnerable adult? How is a fiduciary obligation defined? What constitutes a breach of a fiduciary obligation? And what are limiting factors in criminal liability? This session will also review new legislation and State v. Campbell.
– Jennifer J. Hasbargen & Gina D. Jensen

44. PTSD
– Carolyn Fick & Susan Whiteaker

4:45 p.m.

ANNUAL RECEPTION
Relax and have fun with long-time friends and new acquaintances.


Wednesday, August 20

7:45 – 8:30 a.m.

CONTINENTAL BREAKFAST

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

U.S. Supreme Court Decisions in Review – 2008
An analysis of recent U.S. Supreme Court decisions by Neil Siegel of Duke Law. This is your chance to get strategic analysis of the term focusing on criminal matters and including other developments and a look ahead.
– Neil S. Siegel