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2018 OPAA Fall Training
September 20th & 21st, 2018
Crowne Plaza on Playhouse Square, Cleveland, Ohio

The 2018 OPAA Fall Training will have yet another great line-up including a legislative update on what the Statehouse folks have done this year; a new presentation on recognizing autistic defendants; cross examination of crash reconstruction “experts”; an update on new laws and the AG’s Commission on Elder Abuse; and an Ohio Supreme Court update including appellate court decisions. We will also offer complete professional conduct hours on Friday morning, and have also applied for New Lawyer CLE credits for this training.

Thursday, September 20th

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:00 Legislative Update - 132nd General Assembly 2018
June 2018 was a busy time in the Ohio General Assembly. The legislature passed a flurry of bills in the lead up to their summer recess and the campaign season. They also set the stage for a busy fall following the election. This presentation will include updates on recently enacted legislation, legislation still pending in the 132nd General Assembly that could move in the fall, and a view to some things in store for the 133rd General Assembly.
Carol O’Brien, Prosecutor and OPAA Legislative Committee Chair
Lou Tobin, Executive Director, OPAA

10:00 - 10:15 Break

10:15 - 12:15 Recognize & Respond: Interactions with Individuals with Autism Spectrum Disorder
This training developed by Isaac Wiles and its training partners serves as a solution to the complex issues posed by law enforcement interactions with individuals with ASD. It also neutralizes 42 U.S.C. 1983 claims—and the associated attorney fee awards—by providing agencies the tools they need to proactively implement tactics and procedures to avoid volatile interactions from the onset of an encounter with ASD individuals.
Jon Scowden, Chief Deputy
Delaware County Sheriff’s Office

12:15 - 1:15 Lunch

1:15 - 3:00 Collision Reconstruction and the Expert Witness
A look at some of the defense experts’ faux defenses and the “junk science they are based on as well as some human factors principles, and the real meaning of perception-reaction time; working with and preparing the State’s collision reconstruction expert’s testimony; and a discussion of how to prepare for cross examination of the defense expert. Attendees will realize the importance of concession-based cross examination, and why it can be so effective.
John B. Kwasnoski
Professor Emeritus of Forensic Physics
Western New England College
Springfield, MA

3:00 - 3:15 Break

3:15 - 5:00 Collision Reconstruction and the Expert Witness continues...

Friday, September 21st

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:30 Ethics and Professionalism for Prosecutors
The Ohio Code of Professional Conduct Rule 3.8 has a special rule for prosecutors. This rule states, “The prosecutor in a criminal case shall not do any of the following: (a) pursue or prosecute a charge that the prosecutor knows is not supported by probable cause;” The committee comment to this section indicates, “A prosecutor has the responsibility of a minister of justice and not simply that of an advocate.” In this presentation we will discuss this rule and specific cases interpreting this rule. We will examine ethical rules as they relate to prosecutors including ex parte conversations, speaking to individuals represented by counsel and other rules that prosecutors may encounter in their daily practice. We will also discuss professionalism for prosecutors.
Philip Bogdanoff
Retired career prosecutor

10:30 - 10:45 Break

10:45 - 11:45 Survey of Prosecutorial Misconduct Cases from Across the Country: The Best Mistakes to Learn From…Are Someone Else’s.
The program will survey cases from around the country that involve prosecutorial misconduct. Using those cases as a framework, the program will discuss the Ohio Rules of Professional Conduct as they apply to prosecutors here in Ohio.
Don Scheetz
Assistant Disciplinary Counsel
Supreme Court of Ohio

11:45 - 12:45 Lunch

12:45 - 1:45 The Fundamentals and Strategies for Successfully Prosecuting Elder Abuse Cases
Domestic abuse in later life and elder abuse often go hand in hand, and the consequences on victims’ lives are very similar. Elder abuse, broadly speaking, includes physical, emotional, sexual abuse, financial exploitation, neglect, self-neglect, and abandonment of older persons — terms are defined by law in state adult protective services (APS) statutes. This workshop will address the complexities of “elder victimization” and prosecution. We will examine legal consent and how it is commonly obtained through the use of force and/or undue influence. Effective prosecution of crimes against the elderly is contingent on the basic fundamentals of identifying these cases early on, strong engagement with community partnership and maximum use of evidence base prosecution.
Jonathan D. Blanton, Chief, Consumer Protection Section
Sylvia M. Pla-Raith, Director, Elder Justice Unit, Consumer Protection Section
Ohio Attorney General Mike DeWine’s office and
Morris J. Murray, Prosecutor
Defiance County

1:45 - 2:00 Break

2:00 - 3:00 High Court in Transition: An analysis for prosecutors on issues and trends in the Supreme Court of Ohio
Since January 2017 the Supreme Court of Ohio has seen three new members joint the seven member bench. In November 2018, two additional seats are up for election with one of those seats guaranteeing a new fourth member on the Court. This results in the majority of the justices on the court being new in less than a two year period. The manner in which the court accepts and decides issues will no doubt change in the near future. The impact on Ohio’s prosecutors could be significant.
Judge Sean C. Gallagher
Ohio Court of Appeals 8th District


NOTE: If any registrant has special dietary needs, contact Delores or Diana 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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