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2013 OPAA Spring Training
April 18 and 19, 2013
Sheraton at Capitol Square, Columbus, Ohio

The Spring Training Seminar this year will have David Spence (ADA Beaufort, NC) back to discuss the “CSI Effect”; presenting your case in court; and effective opening and closing arguments; Phil Bogdanoff will discuss warrantless searches; Matthew Donahue from the AG’s office discussing the latest statewide drug issues; James Lowe updating us on the latest gang activities; Steve Taylor discussing hearsay issues; Matthew Meyer explaining what happens when you become a witness in your own case; and Todd Schroeder will be reviewing Ohio sexual assault case law.

Thursday, April 18

9:00 - 10:00 Registration and Continental Breakfast

10:00 - 11:15 The CSI Effect
Jurors often have very high expectations that technical, exact, and conclusive evidence will be presented to them. Further, the expectations are that this evidence – which can be expensive or highly time-consuming to process – will be offered no matter how important the case, how serious the charges, how expensive it might be to produce the evidence. This overestimation of both the availability of technical, scientifically processed evidence and the advisability of DA offices seeking it has been described as the CSI Effect, after the highly rated CSI series on television.
David L. Spence, Assistant District Attorney
District 3-B
Beaufort, North Carolina

11:15 - 11:30 Break

11:30 -12:15 Presenting Your Case To A Jury
This presentation is meant to identify the learning processes of today’s jurors and to suggest ways you can present your cases so that you convey the content of your message by incorporating important “adult learning principles”.
David L. Spence, Assistant District Attorney
District 3-B
Beaufort, North Carolina

12:15 - 1:15 Lunch

1:15 - 2:15 Effective Opening And Closing Arguments - “Win It, Try It, Win It

Criminal jury trials are generally thought of as combinations of “proof” and “persuasion,” of “evidence” and “argument.” This presentation focuses on using Opening Statements and Closing Arguments as a way of merging these, making the entire trial a persuasive presentation.
David L. Spence, Assistant District Attorney
District 3-B
Beaufort, North Carolina

2:15 - 2:30 Break

2:30 - 3:30 Rules of Evidence – Hearsay
In this hour-long talk about hearsay-related topics, the focus will be on ten recurring areas of litigation: (1) when an out-of-court statement is or is not hearsay, including the course-of-investigation theory of admission; (2) the co-conspirator exception; (3) admission by party opponent; (4) present sense impression; (5) excited utterance; (6) statements of then-existing state of mind; (7) statements for purposes of medical diagnosis or treatment; (8) statements against interest; (9) forfeiture by wrongdoing; and (10) Confrontation Clause issues in the wake of Crawford v. Washington.
Steven L. Taylor, Chief Counsel, Appellate Division
Franklin County Prosecuting Attorney’s Office

3:30 - 4:30 Gangland Ohio - The Latest on Gang Activity in Ohio
This presentation will include the basic information needed to prosecute gang members and gang-related crimes. Discussion will include the current state of gangs in Ohio, legal challenges, trial issues, and the role of social media in gang cases.
James X. Lowe, Director of Gang, Organized Crime, and
Special Prosecutions Unit
Franklin County Prosecuting Attorney’s Office

Friday, April 19

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:00 Handcuffs, Consenting Adults and Really Hot Pursuits: A Prosecutor’s Guide to Warrantless Searches and Seizures.
The State has the burden of proving that a search or seizure was reasonable under the Fourth Amendment when they do not obtain a search warrant. This seminar will review seizures, consent searches, hot pursuit, exigent circumstances and other exceptions to the search warrant requirement. We will also examine responses to a motion to suppress when a defense attorney claims that the police violated a defendant’s constitutional rights when they conducted a warrantless search or seizure.
Philip Bogdanoff
Retired Summit County Assistant Prosecutor

10:00 - 10:15 Break

10:15 - 11:45 Prosecution Of Synthetic Drugs, Pill Mills, and Heroin
In this course, the instructors will be discussing legal issues in the non-traditional drug prosecutions. The focus will be on three areas; first regarding prosecuting improper dispensing and prescribing of prescription drugs, along with other forms of prescription drug diversion. Areas of emphasis will be on the unique legal issues in these types of investigations including the interplay of privacy considerations, unique evidentiary considerations, and charging considerations. The second area will be focused on the re-rise of heroin. Of particular note will be a discussion of the new type of organized crime model in this area. The third area of focus will be on synthetic drugs commonly called “Bath Salts” or “K2/Spice” or “Smiles”. Areas of focus will be on prosecution under HB 64 and the changes brought by HB 334, as well as charging considerations, complaint drafting, current defense challenges, and alternative means of attack via civil remedies.
Aaron E. Haslam, Co-Coordinator Special Prosecutions Unit
Matthew Donahue, Assistant Attorney General Narcotic Unit
Erin Reed, Forensic Scientist, Bureau of Criminal Identification
Sarah Schenck, Associate Assistant Attorney General Opiate Unit
All are with Attorney General Mike DeWine’s office

11:45 - 12:45 Lunch

12:45 - 1:45 Becoming a Witness in Your Own Case: Problems, Pitfalls, and Boundaries
Discussion will examine the rules and laws that apply when the roles of advocate and witness intersect. Extended analysis of Oh. R. Prof. Cond. 3.7, as well as a comparison of the former DR 5-102. Analysis of the statutes and/or rules that provide for the appearance of prosecutors as witnesses, as well as case law governing agency disqualification and individual attorney disqualification. Discussion will include an extended analysis of case examples and scenarios. Matthew E. Meyer, Assistant Prosecutor
Cuyahoga County

1:45 - 2:00 Break

2:00 - 3:00 Ohio Sexual Assault Case Law Review
Discussion will include a review of Ohio sexual assault cases from 2012, with specific focus on issues prosecutors face when prosecuting sexual assault cases, and how Ohio’s Supreme Court and Appellate Courts have reviewed those issues.
Todd C. Schroeder, Assistant Prosecutor
Putnam County

OPAA has received approval from the Supreme Court for
9.50 hours of CLE credits,

The room rate at the Sheraton Columbus Hotel at Capitol Square is $135.00 for single or double occupancy. Room reservations may be made by phone at 800-325-3535; or online at https://www.starwoodmeeting.com/Book/OPAAspring2013. 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. 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. The cut-off date for our block of rooms is Tuesday, March 26th. Please note the following: 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 $135.00 for sleeping rooms. Attendees SHOULD NOT request the government rate as it violates the spirit, if not the letter, of our agreement.

The registration fee is $250.00 for both days. This covers all handout materials, continental breakfasts, breaks, and lunches on both days. The fee for one day only is $150.00. To help defray the cost of food guarantees, cancellations after April 12th 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 5th.

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.

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