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CHALLENGING CRIMINAL PROCEDURE ISSUES: WHAT YOU NEED TO KNOW NOW

MACARONIS INSTITUTE FOR TRIAL AND APPELLATE ADVOCACY

Please Note: This course has already been held.

Date: Thursday, March 29, 2012

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:30 PM

Schedule/Agenda
Registration Information

Unable to attend but are interested in the course materials?
Purchase Here!

ABOUT THE CONFERENCE
Challenging Criminal Procedure Issues: What You Need to Know Now provides an opportunity for participants to learn from experienced lawyers and Superior Court judges about some discrete and timely challenges confronting criminal practitioners. Judge Christine McEvoy will demystify the burden of proof in suppression cases, focusing on the different burdens and when those switch, and the importance of honoring the technical requirements for affidavits in this dynamic area of the law. Judge Frank Gaziano will canvass the most recent criminal cases that impact criminal procedure. Then two expert litigators, one defense and one prosecution, will discuss the practical implications of Commonwealth v. DiGiambatista. Specifically, participants will learn how to navigate the critical and delicate process of redacting videotaped confessions that have been deemed admissible. Finally a Suffolk professor will review the powerful social science literature that has flowed from Miranda v. Arizona, and then suggest how that social science informs and impacts strategic decisions relating to Miranda challenges.

Following each presentation, the expert panel of judges and lawyers will offer practice tips and answer questions relating to the procedural issues that have been raised.

ATTEND AND LEARN
  • How appreciating the nuances of the burden of proof and burden shifting can impact the outcome of a Motion to Suppress hearing.

  • Which recent Massachusetts’ appellate decisions veteran judges believe you need to know.

  • How the seminal SJC case, Commonwealth v. DiGiambatista, complicates the admission of defendants’ statements at trial, and how to address those complications.

  • What social scientists have concluded about Miranda, and how those findings are relevant to challenging the admission of defendants’ statements.

      S C H E D U L E / A G E N D A

    4:00 WELCOME AND INTRODUCTIONS
    Honorable John M. Greaney, Director
    Macaronis Institute for Trial and Appellate Advocacy



    4:10 RULE 13 MOTIONS TO SUPPRESS
    • Burden of Proof and Persuasion
    • Affidavits
    • Practice Tips
    Honorable Christine M. McEvoy, Superior Court



    4:45 DEFENSE AND PROSECUTION VIEWPOINTS
    Moderator, Professor Diane Juliar | Suffolk University Law School
    Larry Tipton, Esq., Committee for Public Counsel Service
    Marian T. Ryan, Esq., Middlesex County District Attorney’s Office



    5:00 Q & A

    5:10 IMPACT OF RECENT CASES ON CRIMINAL PROCEDURE
    Honorable Frank M. Gaziano, Superior Court



    5:50 Q & A

    6:00 NETWORKING BREAK

    6:15 PRACTICAL IMPLICATIONS OF OFFERING A DEFENDANT’S STATEMENT
    • Impact of Commonwealth v. DiGiambatista
    • Redaction Issues
    • Prosecution and Defense Perspectives
    Moderator, Professor Diane Juliar | Suffolk University Law School
    Larry Tipton, Esq., Committee for Public Counsel Service
    Marian T. Ryan, Esq., Middlesex County District Attorney’s Office



    6:45 SOCIAL SCIENCE ISSUES REGARDING MIRANDA
    Professor Christopher Dearborn, Suffolk University Law School



    7:15 PANEL DISCUSSION AND Q & A

    7:30 CONCLUDE

      G E N E R A L   I N F O

    Date:  

    Thursday, March 29, 2012

    Tuition:  

    $69; $45 for Suffolk Alumni, attorneys admitted after 2010, members of MDAA and Bar Advocates.

    COURSE MATERIALS
    The course materials for this program will be published electronically and will be emailed to you prior to the conference. If you would like to purchase a hard copy, there will be an additional charge of $35.00. Order by March 8, 2012 and it will be available for pickup at the program.

    BAR ADVOCATES AND MDAA MEMBERS
    When registering on our site, please pick "Co-SPONSORING ORGANIZTION" to receive the discount.



    Walk-Ins:  

    Please call 617.573.8627 to confirm space availability.



    Refunds:  

    There is a $15.00 cancellation fee for those who cancel before March 29, 2012. After that date, no refunds will be given.



    Location:  

    Suffolk University Law School, 120 Tremont St., Boston, MA



    Credit:  

    Approved for CLE Credit in RI, NH, VT and ME. It has also been approved for 3.5 hours of CLE for the District Court and Superior Court Criminal Trial Panels at CPCS.



    Special
    Needs:
     

    If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




    Directions to the Law School.

     

    Unable to attend but are interested in the course materials?
    Purchase Here!


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