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2006 OPAA Fall Training
September 28 & 29, 2006
Wyndham on Playhouse Square, Cleveland, Ohio

OPAA's 2006 Fall Training Seminar returns to Cleveland and the Wyndham on Playhouse Square.

Thursday, September 28, 2006

9:00 - 10:00 Registration and Continental Breakfast

10:00 - 11:00 Pretrial Motions Practice
A discussion of pretrial issues, including:
- discovery, including what is and is not Brady material that must be disclosed;
- lineups and pretrial identification, including photo arrays;
- motions to suppress physical evidence, including standing, consent, searches incident to arrest, searches incident to investigatory stops;
- motions to suppress statements, including the applicability of Miranda;
- motions in limine.
Ramona Rogers
Ashland County Prosecuting Attorney

11:00 - 12:00 Jury Selection and Voir Dire
How to make the best use of the opportunity to voir dire the jury panel, including:
- preparation; knowledge of your case and the defendant's case;
- how to assess jurors' probable attitudes toward your case;
- presentation of yourself to the jury;
- factors to consider in selecting the best jurors;
- how to prepare the jury to give your case fair consideration.
Judge Daniel T. Hogan
Franklin County Common Pleas Court

12:00 - 1:00 Lunch

1:00 - 2:00 Direct And Cross Examination of Toxicology Experts. Specifically in prosecutions for driving under the influence of alcohol or drugs of abuse.
Dr. Plotnick will also talk about Sub. Senate Bill No. 8 regarding per se Levels of drugs and their metabolites, and Daubert considerations when cross examining the defense toxicology expert. Admission and exclusion of expert testimony after Daubert will also be discussed.
Harry B. Plotnick, Ph.D., J.D.
Consultant in Forensic Toxicology
Cincinnati, Ohio

2:00 - 2:15 Break

2:15 - 3:15 Mental Health Issues in Criminal Law, A Review of Competency and Sanity
The presentation will review the issues of competency and sanity that arise in the prosecution of criminal cases. This will include raising the issue of competency, presumption of competency, the competency evaluation, the disposition of the incompetent defendant, civil commitment, and the terms of commitment. The presentation will also confront the issues that occur in the filing of a plea of not guilty by reason of insanity. This will include the timing of the filing of the plea, the legal standard of not guilty by reason of insanity, and the disposition of the NGRI defendant.
David Zimmerman
General Felony Unit Supervisor
Cuyahoga County Prosecutors Office

3:15 - 4:45 The Visual Trial: Using Technology
Jurors are visual learners and we just don't use visual aids enough in trial. There are many simple and inexpensive ways to add the visual learning aspect to your advocacy. This presentation will give an overview of the visual techniques that should be available to, and be used by, every prosecutor.
Phil LaVota
Jackson County Assistant Prosecuting Attorney
Kansas City, Missouri

Friday, September 29, 2006

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:30 Theater of the Courtroom and Other Advocacy Skills They Don't Teach You in Law School.
Our law schools spend an enormous amount of time teaching us how to research and cite cases, but you only learn the trial advocacy skills by doing or watching. This entertaining and informative presentation shares techniques and tips about ways to sharpen your "on stage" performances to the jury.
Phil LaVota
Jackson County Assistant Prosecuting Attorney
Kansas City, Missouri

10:30 - 10:45 Break

10:45 - 11:45 A Prosecutor's Response To A Motion To Suppress
The objective of the lecture will be to give prosecutors a guide on how to respond to a motion to suppress filed by a defense attorney. The first part of the lecture will include an outline of the steps needed to win a suppression motion, and the second part of the lecture will include videos where the prosecutors will review the facts and determine what issues they would raise as defense attorneys on a motion to suppress. Next, the prosecutors will develop theories why the evidence should not be suppressed. The videos will include fact situations involving Miranda, voluntariness of confessions, fourth amendment seizures, and exceptions to the search warrant requirement.
Phillip Bogdanoff
Assistant Prosecutor, Summit County

11:45 - 12:45 Lunch

12:45 - 2:15 Crawford vs. Washington: Where are we now?
This workshop will provide a detailed analysis into the Supreme Court decision in Crawford vs Washington and the recent decisions in Washington v Davis and Hammon v Illinois. There will be discussion about how courts across the country are defining Crawford cases in all areas of prosecution, and the survival of commonly utilized hearsay exceptions. Participants will receive a comprehensive outline of cases from around the country that have interpreted the Crawford opinion. Participants will be given practical tips on how to analyze Crawford for all areas of prosecution; a detailed list of cases and situations where Crawford does not apply; arguments to make to avoid Crawford being applied to your case when a witness is unavailable to testify; and how to successfully argue forfeiture of the right to confront. Participants will also receive guidance on the application of Crawford in child forensic interviews and other statements made by children and arguments for a reasonable child standard.
Allie Phillips
Senior Attorney
American Prosecutors Research Institute
National Center for Prosecution of Child Abuse
National Child Protection Training Center

2:15 - 2:30 Break

2:30 - 4:00 Crawford, continued

OPAA has applied for 9.50 hours of CLE credits.

The registration fee of $200.00 covers all handout materials, continental breakfast and lunch both days, and refreshments at breaks. The fee for one day only is $125.00. Due to the expense of producing the training manual, which requires an early commitment, a $45.00 penalty will apply to all cancellations made through September 22nd, and a copy of the manual will be sent to the registrant. To help defray the cost of food guarantees, cancellations after September 22nd will be assessed a penalty of $110.00 if scheduled to attend both days, and a $85.00 penalty if scheduled for one day only.

Please submit your registrations to OPAA by September 15th (earlier if possible).

Guest rooms at the Wyndham are $125.00 single or double occupancy. Call the Wyndham at 800-996-3426 to make reservations. Tell them you are with OPAA to receive these rates. Our hold on rooms expires on September 8th. Check-in time is 3:00 p.m. - check-out time is 12:00 noon unless prior arrangements are made.

NOTE: If any registrant has special dietary requirements, please contact Delores at 614-221-1266, so that advance arrangements can be made with the hotel.

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