2017 OPAA Spring Training
April 20th and 21st, 2017
Sheraton at Capitol Square, Columbus, Ohio
One again the OPAA Spring Training seminar will have an assortment of topics for both the seasoned and new prosecutor. Starting out on Thursday we will have an update on new concealed carry laws; a presentation on gathering evidence from cell phones; an introduction of the Safe at Home program at the Secretary of State’s office; an introduction to the state’s new traffic resource prosecutor and their office; human trafficking trends, laws, and prevention; and December’s forfeiture law changes. Friday will include a presentation on proper brief writing techniques; what you need to know about Habeas; prosecuting heroin overdoses as manslaughter; .
Thursday, April 20th
9:00 - 10:00 Registration and Continental Breakfast
10:00 - 10:45 2017 Changes to Ohio’s Concealed Handgun Laws
This discussion will cover recent changes to Ohio’s concealed carry law enacted by Senate Bill 199, which will become effective on March 19, 2017. Significant changes include locations where licensees are allowed to carry, licenses for active duty military, and changes in penalties.
Jonathan R. Fulkerson, Chief Deputy Counsel
Office of Attorney General Mike DeWine
10:45 - 11:00 Break
11:00 -12:00 Cell Phone Technology For Prosecutors
Cell phone technology can help to make or break a criminal case. Cell phone calls, texts, photographs, and tower locations can be valuable evidence in any criminal prosecution. This program will teach prosecutors from all experience levels the basics about how cell phones work, what evidence is available from cell phones, and how to obtain the evidence using sample subpoenas and search warrants. Prosecutors will learn how to use cell phone evidence at trial by understanding how to admit cell phone records, how to direct a custodian of records or expert witness, and how to design trial exhibits. The course will include sample predicate questions, templates, and the latest Ohio and federal case law.
Brian M. McDonough
Assistant U.S. Attorney
Northern District of Ohio
12:00 - 1:00 Lunch
1:00 - 1:45 Safe at Home Legal Update
An overview of the Safe at Home program, which was created by
House Bill 359 and became effective on September 8, 2016. It is
an address confidentiality program that allows victims, including
minors/ incompetents/wards, and members of a victim’s household, of
domestic violence, stalking, human trafficking, rape, or sexual battery
to apply for an address designated by the Secretary of State to serve
as the person’s address to shield their residence from public records. Rachel Kasper, Elections Counsel
Office of the Ohio Secretary of State
1:45 - 2:00 Break
2:00 - 2:45 The Ohio Traffic Safety Office, Drugged Driving, and DRE Case Law In Ohio
This presentation will familiarize prosecutors with the function of the Ohio Traffic Safety Office, with an emphasis on impaired driving detection, the methods and technical elements of the Drug Evaluation and Classification Program (DECP), and current case law trends within the State of Ohio regarding the DRE program and prosecution of drugged drivers. There will be an overview of how Drug Recognition Experts (DRE) are utilized, the use of toxicology when dealing with a drugged driver for OVI, and current Daubert hearing case law regarding the DRE program.
Holly Reese, Traffic Safety Resource Prosecutor
2:45 - 3:45 Efforts by the Ohio Attorney General’s Office to Combat Human Trafficking in Ohio
This discussion will include a review of Attorney General Mike DeWine’s newest human trafficking initiative which focuses on high risk youth; including their identification and intervention processes. Additionally, the resources available from the Ohio Attorney General’s Office and Bureau of Criminal Investigation to assist law enforcement with human trafficking investigation and prosecution will be discussed.
Ryan D. Scheiderer Bureau of Criminal Investigation
Angela R. Canepa, Asst. Section Chief, Special Prosecutions Section
Office of Ohio Attorney General Mike DeWine and
Sgt. Mark T. Rapp
Detective Aaron Dennis
Central Ohio Human Trafficking Task Force
3:45 - 4:45 Forfeiture Law in Ohio – What You Missed Last December
Discussion will include the changes in the ORC 2981 because of the passage of House Bill 347. What went away, what stayed, and what changed. How to best adapt your practices currently to deal with the new law and still maintain effectiveness. Open discussion on negotiating both criminal and civil forfeitures because of House Bill 347.
Anthony P.A. Rich, Assistant Prosecutor
Friday, April 21st
8:00 - 9:00 Registration and Continental Breakfast
9:00 - 10:30 Persuasive Brief Writing for Prosecutors: What Judges want in their briefs.
Winning the lottery means nothing if you lose the winning ticket before you get to the lottery agent. Similarly, obtaining a murder conviction after a long and exhausting trial is worthless if your appellate brief cannot persuade an appellate court to affirm the defendant’s conviction. No prosecutor wants to try a case a second time after having a case reversed on appeal. In the interactive presentation prosecutors will learn the essential of writing a clear and concise appellate brief. We will discuss what judges like and dislike in the briefs and mistakes that prosecutors make that frustrate appellate court judges. We will also review the applicable rules of appellate procedure in order that prosecutors understand what defense attorneys can present in the court of appeals.
Retired Summit County Assistant Prosecutor
10:30 - 10:45 Break
10:45 - 12:15 What Every Prosecutor Should Know About Habeas
This presentation will guide you through the Habeas process and ensure the federal court does not overturn your hard-won conviction. We'll explore statute of limitations, federal law, what to do should a writ be granted, and what prosecutors can do to assist in the defense of convictions.
Brenda Leikala, Assistant Attorney General
Office of Ohio Attorney General Mike DeWine
12:15 - 1:15 Lunch
1:15 - 2:15 Prosecuting Heroin Overdoses as Manslaughter
Narcotics detectives will discuss their protocol when investigating opiate overdose deaths and identifying the drug trafficker. This will include preservation of the scene, collecting potential DNA evidence, phone evidence, subsequent buy-busts, and interviewing the suspect. The assistant prosecutor will discuss prosecuting the opiate death homicide from indictment to sentencing. This will include trial strategies and issues during voir dire, opening and closing arguments that are unique to these cases.
Detectives Michael Schmidt & Tim Harvey
Akron Police Department and
Jonathan S. Baumoel, Assistant Prosecutor
2:15 - 3:15 Patient Abuse/Neglect Investigation and Prosecutions
Discussion will include the investigations conducted in the Medicaid Fraud Control Unit (MFCU) of the Attorney General’s office with specific focus on the investigations of abuse, neglect and misappropriation of Ohio’s vulnerable population residing in care facilities. We will review the statutes giving the MFCU authority to investigate and the specific statues targeted in this enforcement. We will discuss example cases, schemes and trends as well as the referral process for prosecution.
Christine Haenszel, Assistant Special Agent in Charge
Office of Ohio Attorney General Mike DeWine
We have requested Continuing Legal Education for 10.25 general hours of CLE.
The room rate at the Sheraton Columbus Hotel at Capitol Square is $142.00 for single or double occupancy. Room reservations may be made by phone at 800-325-3535; or online at https://www.starwoodmeeting.com/Book/OPAA2017SpringTraining. If you choose the online option, be aware that you can only book three (3) rooms at a time. WHICHEVER METHOD YOU USE, PLEASE MAKE MULTIPLE RESERVATIONS USING INDIVIDUAL NAMES, AND GET INDIVIDUAL CONFIRMATION NUMBERS, RATHER THAN MAKING ALL RESERVATIONS IN THE SAME NAME AND SAME CONFIRMATION NUMBER. Some counties have had disastrous results when canceling a reservation that was made under a single name and a single confirmation number for multiple persons. Be sure to tell the Sheraton you are with OPAA to obtain our rate. To avoid paying tax, accommodations must be paid for with either an office check or office credit card. Personal payment, even though it will be reimbursed by the office, is not tax exempt by state law. Also, provide the Sheraton with a tax exemption form. The cut-off date for our block of rooms is 5:00 p.m. on Thursday, March 30th. To avoid being charged a penalty in the event that a room reservation must be cancelled, the Sheraton requires that the cancellation be made by 4:00 p.m. the day of arrival. Hotel check-in time is 3:00 p.m., and check-out time is 12:00 noon. Early check in and late check out are based on availability.
Our contract with the Sheraton anticipates that attendees will pay the above rate of $142.00 for sleeping rooms. Attendees SHOULD NOT request the government rate as it violates the spirit, if not the letter, of our agreement.
The registration fees for OPAA members are $250.00 for both days, and $150.00 for one day only. Registration fees for non-members are $500.00 and $300.00. These fees cover all handout materials, continental breakfasts, breaks, and lunches on both days. To help defray the cost of food guarantees, cancellations after April 8th will be assessed a $100.00 penalty if scheduled to attend both days, and a $60.00 penalty if scheduled for one day only. Please send registrations to OPAA by April 12th.
OPAA is now providing all course materials in electronic format. Approximately 48 hours prior to the course date seminar registrants will receive an email that will include a link to a PDF of the course materials. Since reliable wi-fi access at meeting facilities can’t be guaranteed, we encourage registrants to download the materials to electronic media, or print form, for use during the seminar.
If any person registering has special dietary needs,
it is important that they contact Delores at 614-221-1266,
so that advance arrangements can be made with the hotel.