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2014 OPAA Fall Training
September 25 & 26, 2014
Wyndham on Playhouse Square, Cleveland, Ohio

The 2014 fall training will cover a variety of topics including courtroom communication; sentencing issues; prosecutor removal actions; road rage; and the legal aspects of drug interdiction. We will also have complete CLE required credits for professional conduct (ethics, professionalism, and substance abuse).

Thursday, September 25

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:00 Effective Courtroom Communication: Opening Statement and Closing Argument
The courtroom is a classroom, and the prosecutor is the teacher. This presentation explores learning styles and communication techniques that may be used to make the prosecutor’s message stick with the jury. The discussion examines all aspects of addressing the jury in opening statement and closing argument with a focus on successful communication techniques. By following the recommended persuasion techniques for presenting opening statement and closing argument can lead to a favorable verdict.
Ronald H. Clark
Distinguished Practitioner in Residence
Seattle University Law School

10:00 - 10:15 Break

10:15 - 12:15 Effective Courtroom Communication: Opening Statement and Closing Argument continues...
Ronald H. Clark
Distinguished Practitioner in Residence
Seattle University Law School

12:15 - 1:15 Lunch

1:15 - 2:15 Prosecutors and Sentencing: Managing a Confused Landscape
What prosecutors need to know about Ohio’s sentencing laws including a historical view of important cases; updates on merger; consecutive sentencing; understanding felony sentencing; understanding 2953.08; Ohio’s rejection of the “Sentencing Packaging Doctrine”; and protecting the record for appeal.
Judge Sean C. Gallagher
Cuyahoga County Court of Appeals

2:15 - 2:30 Break

2:30 - 3:30 Prosecutor Removal Actions: What You Need To Know
In some counties the defense bar and judges are quick to accuse prosecutors of all kinds of wrongdoing and demand that they be removed from their cases. This presentation is intended to illustrate various examples of prosecutors who are the subject of motions to disqualify. The presentation will provide an overview of the legal standard necessary for prosecutor removal, explain the movant’s burden, the appellate rights available to a prosecutor who has been removed from a case, and contrast the legal standard for prosecutor removal against the legal standard to remove appointed or retained defense counsel. Finally, the presentation will address a few unfortunate situations where prosecutors were properly removed from their criminal cases.
Matthew E. Meyer, Supervisor, Public Corruption Unit and
Christopher Schroeder, Economic Crimes Unit
Both of the Cuyahoga County Prosecutor’s Office

3:30 - 4:30 The Myth And Reality Of 404(B); An Approach To Other Act Evidence
This presentation will explore misconceptions regarding Rule 404(b), and suggest an analytical approach for obtaining admission of other-act evidence.
Timothy A. Baughman
Chief Appellate Attorney
Wayne County Prosecutor's Office
Detroit, Michigan

Friday, September 26

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:00 Ethics and Professionalism
Avoiding ethical pitfalls faced by prosecutors, with a discussion of the special responsibilities of the prosecutor, trial publicity, conflicts of interest, fairness, and professional misconduct. Also a discussion of the Rules of Professional Conduct, “A Lawyer’s Creed”, and “A Lawyer’s Aspirational Ideals” with emphasis on the Seven Deadly Sins of the Unprofessional Lawyer.
Richard S. Koblentz
Koblentz & Penvose LLC

10:00 - 10:15 Break

10:15 - 11:15 Ethics and Professionalism continues...
Richard S. Koblentz
Koblentz & Penvose LLC

11:15 - 11:45 Substance Abuse and Mental Health Issues
Recognizing addictions and treatment alternatives will be discussed along with mental health issues, the Ohio Lawyers Assistance Program, and other ways of receiving help.
Scott R. Mote, Executive Director
Ohio Lawyers Assistance Program

11:45 - 12:45 Lunch

12:45 - 1:45 Road Rage: Strategies and Case Studies
Presentation will include discussion of various road rage cases. Focus will be on determination of whether any individual case is better classified as an assault case or a vehicular case. Discussion will cover classification of cases and different voir dire tactics relevant to each classification. Also discussed will be various trial strategies and evidence considerations unique to these cases.
Daniel J. Cable, Senior Assistant Prosecuting Attorney
Franklin County, Ohio

1:45 - 2:00 Break

2:00 - 3:00 Drugs, Mules, Cash, and Seizures: Putting the Pedal to the Metal on Drug Interdiction
Each day drug dealers are transporting millions of dollars of drugs and illegal profits through the streets, highways and interstates of Ohio. Law enforcement officers are using their training and experience to stop the flow of drugs through Ohio by stopping vehicles they suspect are transporting contraband. However, these stops and consensual searches must meet the standards of the Fourth Amendment. This presentation will look at the legal aspects of drug interdiction by reviewing case law involving stops, searches and seizures. The objective of this presentation is to give the prosecutors a head start on these cases in order to prevent the suppression of evidence when officers use drug interdiction training to stop and search vehicles.
Philip D. Bogdanoff
Retired Summit County Assistant Prosecutor

Ethics, 1 hour; Professionalism, 1 hour; Substance Abuse, .5 hour.

Guest rooms at the Wyndham are $139.00 single or double occupancy. Reservations can be made by calling the Wyndham at 216-615-7500 or 866-270-6768. Be sure to tell them you are with OPAA to receive this rate. Check-in time is 3:00 p.m., and check-out time is 12:00 noon. Early check-in or late check-out are on a case-by-case basis. Cancellation policy: by 12:00 noon of the scheduled arrival day. Our hold on rooms expires on Tuesday, September 2nd. Payments to Hotel: The Wyndham prefers credit cards or cash transactions. If a personal check is presented, the hotel will verify that funds are available before accepting the check. If a county wishes to pay for hotel charges with an office check, it must be presented to the hotel at least ten (10) days in advance. Presenting it at the time of check in may cause a long delay. Parking: valet parking, $20.00/night; self parking, $12.00/night – 1-1/2 blocks from the hotel.

The registration fee for members is $250.00 if attending both days, and $125.00 if attending one day only. For non members the fee is $500.00 for both days, and $250.00 for one day. These fees cover all handout materials, continental breakfast, and lunch both days, and refreshments at breaks. To help defray the cost of food guarantees, cancellations after Friday, September 19th will be assessed a penalty of $110.00 if scheduled to attend both days, and an $85.00 penalty if scheduled for one day only.

NOTE: If any registrant has special dietary needs, contact Delores at 614-221-1266,
so that advance arrangements can be made with the venue. OPAA will accommodate requests
as long as they can be supplied by the venue without additional cost.
Any additional cost must be borne by the registrant and they will be notified in advance.

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