Combined Materials Trial School - UNC School of Government

2016 Defender Trial School July 11-15, 2016 / Chapel Hill, NC

Sponsored by the The University of North Carolina School of Government and

Office of Indigent Defense Services

ELECTRONIC COURSE MATERIALS

NORTH CAROLINA DEFENDER TRIAL SCHOOL

Monday, July 11 through Friday, July 15, 2016 UNC School of Government, Chapel Hill, NC

Cosponsored by the UNC-Chapel Hill School of Government & Office of Indigent Defense Services

AGENDA

Monday, July 11

8:00-9:00 Check-in

9:00-9:15 Welcome, Introduction, and Description of Program John Rubin, Professor, UNC School of Government, Chapel Hill, NC

9:15-10:15 FACTUAL BRAINSTORMING (PLENARY) Joseph Ross, Assistant Federal Defender, Raleigh, NC

10:15-10:30 Break

10:30-12:15 BRAINSTORMING (WORKSHOPS)

12:15-1:15 Lunch (provided in building)

1:15-2:45 BRAINSTORMING (WORKSHOPS)

2:45-3:00 Break

3:00-4:30 4:30-5:15

DEVELOPING YOUR THEORY OF DEFENSE AND THEMES BY TELLING YOUR CLIENT'S STORY (PLENARY) Ira Mickenberg, Attorney & Consultant, Saratoga Springs, NY

THEORY OF DEFENSE (WORKSHOPS)

Tuesday, July 12 9:00-10:30 THEORY OF DEFENSE (WORKSHOPS) 10:30-10:45 Break

*IDS employees may not claim reimbursement for lunch

10:45-12:30 THEORY OF DEFENSE (WORKSHOPS)

12:30-1:30 Lunch (provided in building)

1:30-2:15

BEING VISUAL: DEMONSTRATIVE AIDS AND PHYSICAL EVIDENCE (PLENARY/DEMONSTRATION) Jonathan Broun, North Carolina Prisoners Legal Services, Raleigh, NC

2:15-3:15

JURY SELECTION: WHAT QUESTIONS TO ASK, HOW TO ASK THEM (PLENARY) Kevin Tully, Chief Public Defender, Mecklenburg County, NC

3:15-3:30 Break

3:30-4:00 JURY SELECTION (DEMONSTRATION) Kevin Tully

4:00-4:30

JURY SELECTION: LOCKING IN A CHALLENGE FOR CAUSE (PLENARY) David Clark, Senior Assistant Public Defender, Guilford County, NC

4:30-5:00 BRAINSTORM VOIR DIRE (WORKSHOPS)

6:00-???? Dinner @ Top of the Hill Restaurant & Brewery, Chapel Hill (Individual Pay)

Wednesday, July 13

8:00-9:00 Breakfast for Jurors (provided in building)

9:00-10:30 JURY SELECTION (WORKSHOPS)

10:30-10:45 Break

10:45-12:15 JURY SELECTION (WORKSHOPS)

12:15-1:30 Lunch and debrief jury selection

1:30-2:15

OPENING STATEMENTS (PLENARY/DEMONSTRATION) Susan Brooks, Public Defender Administrator, Durham, NC

2:15-2:30 Break

2:30-3:00 BRAINSTORM OPENING (WORKSHOPS)

3:00-5:00 OPENINGS (WORKSHOPS)

*IDS employees may not claim reimbursement for lunch

Thursday, July 14

9:00-9:45 DIRECT EXAMINATION (PLENARY/DEMONSTRATION) John Rubin

9:45-10:00 Break

10:00-10:30 BRAINSTORM DIRECT EXAMINATION (WORKSHOPS)

10:30-12:30 DIRECT EXAMINATION (WORKSHOPS)

12:30-1:30 Lunch (provided in building)

1:30-2:30

CROSS-EXAMINATION (PLENARY/DEMONSTRATION) Stephanie Jackson, Assistant Public Defender, Mecklenburg County, NC Karen McCallum, Assistant Public Defender, Gaston County, NC

2:30-2:45 Break

2:45-3:15 BRAINSTORM CROSS-EXAMINATION (WORKSHOPS)

3:15-5:15 CROSS-EXAMINATION (WORKSHOPS)

Friday, July 15

9:00-10:00 CLOSING ARGUMENTS (PLENARY/DEMONSTRATION) Fred Friedman, Chief Public Defender, Duluth, MN

10:00-10:15 Break (light snack provided)

10:15-10:45 BRAINSTORM CLOSING ARGUMENT (WORKSHOPS)

10:45-12:45 CLOSING ARGUMENT (WORKSHOPS)

12:45-1:00 Conclusion

CLE Hours:29.5 (general credit only)

*IDS employees may not claim reimbursement for lunch

NORTH CAROLINA DEFENDER TRIAL SCHOOL

Monday, July 11 ? Friday, July 15, 2016 Sponsored by the UNC School of Government and Office of Indigent Defense Services

PREPARATION FOR DEFENDER TRIAL SCHOOL: A GUIDE FOR PARTICIPANTS

All participants in the 2016 Defender Trial School must do four things to prepare for the program:

1. Choose one of your own pending cases and thoroughly familiarize yourself with the facts of that case. This case will form the basis for the work you will be doing in all the small group workshop sessions. Here is the type of case to bring: The case must be an open, pending criminal case at the trial level. You also may bring an open, pending juvenile delinquency case at the trial level (but not an abuse, neglect, dependency, or termination of parental rights case). The case must be an appointed case. It must not be an appeal to the appellate division, a post-conviction case, a case you have already tried (unless it's a case you are appealing for a trial de novo), a case that was pled out, a case that has been dismissed, or a case awaiting sentence. It should not be another attorney's case, as you will not know the facts as well as you will in one of your own cases. You should have already interviewed your client and done enough investigation to be familiar with the basic facts and witnesses of the case. You also should review any discovery or other information you have received from the State. The case may be either a felony or a misdemeanor. If you bring a misdemeanor case, for which there is no right to statutory discovery, or a felony case for which you have not yet received discovery materials, you will need to do additional investigation so that you will know the State's version of the facts. The workshops will be much more meaningful if you are familiar with the State's evidence as well as your client's side of the case. You do not have to prepare any parts of your trial performance in advance. For example, you do not have to arrive at the program prepared to do an opening or closing. All you need to do in advance is know the facts of your case and be prepared to discuss them in detail. If you have questions, please feel free to contact John Rubin (919-962-2498 or rubin@sog.unc.edu).

2. Using the attached Case Summary Form, please write a one-page summary of the facts of your case (not the law) and bring 10 copies of it with you to the program.

3. Please bring the following with you to the program: (a) the indictment or other charging instrument in your case; (b) any police reports; (c) any other discovery or Brady material you have received; and (d) any witness or client statements. (All participants will sign confidentiality agreements to ensure that information shared at the Trial School is subject to attorney confidentiality obligations.)

4. Read the Plenary Session Fact Problem (which will be emailed to you before the program). This is the problem we will be discussing in the large group sessions, and it will form the basis for the demonstrations the faculty will be doing in the large group sessions. You do not have to do any additional research, writing, or preparation concerning the Plenary Session Fact Problem.

This program may be unlike any other skills programs or CLE courses you have attended in the past. All of the sessions are interactive and require your attendance and participation. This is not the type of program where participants can attend some sessions and skip others. In the plenary sessions, we will be working together on the plenary fact problem, with the aim of teaching skills that you will be able to apply to your own cases in the small group workshops. The plenary sessions will involve your participation and will include demonstrations by faculty members. In the small group workshops, you will be working on your own case, practicing the skills taught in the plenaries, and assisting the other members of your group to develop their cases. (Please note that if you are an appointed attorney the Office of Indigent Defense Services does not consider the time spent at the Trial School to be billable time.)

North Carolina Defender Trial School Monday, July 11 to Friday, July 15, 2016

Summary of the Facts of Your Case

Lawyer's name Client's name Charges:

Elements of the crimes charged:

Summary of the facts (not the law) of your case (use an extra sheet if necessary): (In preparing your summary, consider interviews you've had with your client, police reports, any discovery you've obtained, investigation you've conducted, and any other sources of information. Indicate the source of the information, such as police report, witness statement, client, etc., particularly if the versions of events differ.)

North Carolina Defender Trial School

Sponsored by The University of North Carolina School of Government and

Office of Indigent Defense Services Monday, July 11 to Friday, July 15, 2016

Chapel Hill, North Carolina

PLENARY SESSION FACT PROBLEM

Ira Mickenberg, Esq. 6 Saratoga Circle Saratoga Springs, NY 12866 (518) 583-6730 FAX: (518) 583-6731 imickenberg@nycap.

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