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2015 OPAA Spring Training
April 23rd and 24th, 2015
Sheraton at Capitol Square, Columbus, Ohio

This Spring Training seminar will have an assortment of topics for both the seasoned and new prosecutor. Starting out on Thursday we will have a presentation on the popular Best Practices; closing arguments and prosecutorial misconduct; an update for Ohio’s concealed gun laws; a hearsay primer; and an introduction to the recent Clery Act. On Friday we will have Cliff Strider from Louisiana back to talk about exculpatory evidence and opening statements; a session on voir dire; a presentation on cross examination; and finally an in-depth presentation on financial exploitation of the elderly.

Thursday, April 23

9:00 - 10:00 Registration and Continental Breakfast

10:00 - 11:00 Best Practices For Prosecutors
The presentation will describe how prosecutors can proactively become involved in the accelerating debate regarding criminal justice reform. By leveraging their knowledge and experience, prosecutors can take a leadership role in shaping criminal justice policy both locally and nationally.
Kristine Hamann, Visiting Fellow
Department of Justice / Bureau of Justice Assistance

11:00 - 11:15 Break

11:15 -12:15 Prosecutorial Misconduct: Seven Words You Can Never Use During Closing Argument.
The state's closing argument is the last opportunity to persuade the jury of the defendant's guilt. Generally, a prosecutor is entitled to a certain degree of latitude during closing argument. However, numerous convictions are being reversed because of prosecutorial misconduct during closing argument. In this review we will examine whether a prosecutor can refer to the defendant as a liar, manipulator, malingerer, monster or other derogatory terms. The objective of this seminar is to give a prosecutor an understanding of prosecutorial misconduct during closing argument in order to avoid a reversal by the appellate courts.
Philip Bogdanoff
Retired Summit County Assistant Prosecutor
Copley, Ohio

12:15 - 1:15 Lunch

1:15 - 2:15 2015 Changes to Ohio’s Concealed Handgun Laws
This discussion will cover recent changes to Ohio’s concealed carry law that will become effective on March 23, 2015 from HB 234. Significant changes include issues that will impact how sheriffs issue and renew licenses. As a prosecutor defending your sheriff’s licensure decisions, become educated as to how these changes may ultimately land in your lap.
Jonathan R. Fulkerson
Deputy Chief Counsel
Office of Ohio Attorney General Mike DeWine

2:15 - 2:30 Break

2:30 - 3:30 Hearsay Pitfalls (and Climbing Your Way Out)
This discussion will include a review of hearsay rules and exceptions, with particular attention to “not offered for the truth of the matter asserted.” We will also analyze State of Ohio v. Richcreek, a Sixth District Court of Appeals case which overturned a conviction based upon what the court decided were improper admission of hearsay statements.
Paul A. Dobson
Prosecuting Attorney
Wood County

3:30 - 4:30 The Clery Act – Protecting Students Instead Of Brands
The backlash against unreported crimes on numerous campuses across the country led to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (aka The Clery Act, signed in 1990). This will be a discussion of how well-intentioned laws can lead to unintended consequences.
Keller J. Blackburn
Prosecuting Attorney
Athens County

Friday, April 24

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:00 Opening Statement – Opportunities Abound!
Imagine that you have an opportunity to speak to your jurors and tell them the theory of your case, who the witnesses will be, the facts of the case and what evidence you will introduce. That opportunity exists when you deliver your opening statement. Many attorneys view the opening statement as a duty they must meet and not an opportunity to improve their presentation on behalf of the people they represent. A forcefully presented, well organized, concise statement of the facts and evidence to be presented tilts the scales of justice in your favor early in the trial process.
Clifford R. Strider, III
Assistant Attorney General
Director, Gaming Division
Louisiana Department of Justice
Office of the Attorney General

10:00 - 10:15 Break

10:15 - 11:15 Exculpatory Evidence: Considerations For Prosecutors
The United States Supreme Court declared in Brady v. Maryland, 373 U.S. 83, 10 L. Ed. 2d 215, 83 S. Ct. 1194 (1963) that prosecutors have a constitutional obligation to disclose exculpatory evidence to defendants. The application of this rule of law has spawned a plethora of cases interpreting what due process obligations prosecutors have, what exculpatory evidence is and how to apply this rule of law. This presentation will discuss exculpatory evidence and the constitutional obligations of prosecutors in relation to exculpatory evidence, ethical considerations in dealing with exculpatory evidence, and current issues in exculpatory evidence.
Clifford R. Strider, III
Assistant Attorney General
Director, Gaming Division
Louisiana Department of Justice
Office of the Attorney General

11:15 - 12:15 Voir Dire – The Prosecutor’s Point of View
This session will cover general thoughts on voir dire for prosecutors and basic techniques for effective jury selection. Nothing is more frustrating than an acquittal or hung jury when the evidence and the law justify conviction. After eighteen years of selecting juries as a prosecutor and another eighteen on the Common Pleas bench watching jury selection, I am convinced these tried and true techniques are effective. It will provide a primer for beginners and a refresher for the experienced. Use these technics and you will improve the state’s chances for picking a jury that will convict.
Daniel T. Hogan
Senior Assistant Prosecutor
Franklin County

12:15 - 1:15 Lunch

1:15-2:15 Cross Examination
This presentation will include discussion of areas and topics that are relevant to effectively cross examining a witness with a focus on expert witnesses.
Ronald L. Welch
Assistant Prosecutor
Muskingum County

2:15-2:30 Break

2:30-3:30 Financial Exploitation Of The Elderly
Exploiting our elderly out of their life-long savings and property is far more than stealing material items, it goes deeper. It is the theft of their dignity. This presentation will allow the audience to hear from the victims and how these crimes have impacted their lives and also from the predators who victimize and how they locate and exploite America’s senior citizens. The red flag warning signs that are almost always present but overlooked by the family, friends, and business associates of the elderly victim will be discussed to bring quicker awareness to the victimization. How to handle the problem once it is exposed and where to go for assistance is a major topic of the training.
David M. Kessler
Fairfield County

OPAA has Requested approval from the Supreme Court of Ohio
Commission on Continuing Legal Education for 10.00 general CLE hours.

The room rate at the Sheraton Columbus Hotel at Capitol Square is $139.00 for single or double occupancy. Room reservations may be made by phone at 800-325-3535; or online at https://www.starwoodmeeting.com/Book/OPAASpringTraining2015. 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. The cut-off date for our block of rooms is Tuesday, March 31st. 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 $139.00 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 17th 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 13th.

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.

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