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COMPLEX ISSUES IN MURDER CASES

Macaronis Institute for Trial and Appellate Advocacy

Co-sponsored with Flaschner Judicial Institute

THE MAIN ROOM FOR THIS PROGRAM IS NOW FILLED TO CAPACITY. IF YOU WOULD LIKE TO VIEW THE PROGRAM ON A CLOSED CIRCUIT SCREEN, PLEASE CALL 617.573.8627 TO REGISTER.

Please Note: This course has already been held.

Date: Friday, November 13, 2009

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:30 PM

Faculty
Schedule/Agenda
Registration Information

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Complex Issues in Murder Cases focuses on the most difficult areas of a murder trial with comprehensive analysis from all perspec­tives. You will gain powerful, timely insights from leading prac­titioners, both prosecutors and defense attorneys, and forensic experts regarding how to tackle these problematic issues. Judicial commentary and reflection from five veteran Superior Court judges will give you an inside look at how judges view these demanding aspects of a murder trial.

Four crucial topics will be covered during the program through presentation, discussions, and mock hearings: pretrial eviden­tiary issues (e.g., motions in Limine under Crawford, the impact of Adjutant, reciprocal discovery after Durham, the recording of confessions after DiGiambattista, immunity issues, and intercepted jail house conversations after Boyarsky), searches of digital devices (what to ask for, what you can get, how to present and use the evidence you get, and discovery issues), forensic experts and evidence (e.g., dealing with autopsy and toxicology reports, emerging advances in DNA, Daubert/Lanigan hearings, and the reliance on a prior expert’s findings after Nardi), and special issues regarding jury instructions (e.g., murder v. manslaugh­ter, principal v. joint venturer, missing witness, mistaken and cross-racial identification, and Adjutant).

This sophisticated program is critical for prosecutors, defense lawyers, judges, homicide investigators, and forensic experts. It will provide you with a unique opportunity to benefit from the experience and expertise of attorneys, judges, and experts who have grappled with these complex issues. Even if you do not try or have not tried murder cases, you will learn from the stimulat­ing discussion and obtain valuable lessons for your own practice or profession.

  F A C U L T Y

  Honorable John M. Greaney, (ret.), Chair
  Director, Macaronis Institute for Trial and Appellate Advocacy
   
  Honorable Linda E. Giles
  Suffolk Superior Court
   
  Lynn Beland, Esq.
  Norfolk County District Attorney’s Office, Canton, MA
   
  Honorable Paul A. Chernoff
  Associate Justice, Massachusetts Superior Court
   
  Willie J. Davis, Esq.
  Davis, Robinson & Molloy, LLP, Boston, MA
   
  Honorable Frank M. Gaziano
  Associate Justice, Massachusetts Superior Court
   
  Christopher W. Kelly, Esq.
  Assistant Attorney General, Cybercrime Division Commonwealth of Massachusetts
   
  Adrienne C. Lynch
  Middlesex County District Attorney’s Office
   
  Honorable Christine M. McEvoy
  Associate Justice, Massachusetts Superior Court
   
  Sergeant David McSweeney
  Massachusetts State Police, Norfolk County District Attorney’s Office
   
  Dr. Henry M. Nields, MD, Ph.D.
  Chief Medical Examiner, Office of Chief Medical Examiner Executive Office of Public Safety and Security
   
  Kevin J. Reddington, Esq.
  Kevin J. Reddington Law Office, Brockton, MA
   
  Honorable Robert C. Rufo
  Associate Justice, Massachusetts Superior Court
   
  Rosemary Curran Scapicchio, Esq.
  Boston, MA
   
  Larry R. Tipton, Esq.
  Boston, MA
   
  Edward Zabin, Esq.
  Chief of Homicide, Suffolk County District Attorney’s Office
   
  S C H E D U L E / A G E N D A

9:00 WELCOME AND INTRODUCTIONS
Justice John M. Greaney and Honorable Linda E. Giles, Chairs



9:10 PRETRIAL EVIDENTIARY ISSUES
  • Motions in Limine
  • Reciprocal Discovery
  • Adjutant
  • Immunity
  • Recording of Confessions
  • Jail House Snitch
  • Recantation
  • Recording Jail Calls
  • Protective Orders
Honorable Linda E. Giles, Rosemary Scapicchio and Edward Zabin



10:25 DISCUSSION AND Q & A

10:40 NETWORKING BREAK

11:00 SEARCHES AND DIGITAL DEVICES
  • Application for an Issuance of Search Warrant of GPS and Cellphone Devices and Content
  • Demonstration of Search for Digital Evidence
  • Motions to Suppress
Honorable Paul A. Chernoff, Moderator Honorable Frank M. Gaziano,
Honorable Robert C. Rufo, Christopher W. Kelly, David McSweeney and Larry R. Tipton



12:15 DISCUSSION AND Q & A

12:30 LUNCH (On Your Own)

1:30 FORENSIC EXPERTS AND EVIDENCE
  • Cause of Death Examinations and Issues Related to Autopsies, including Reliance on/or Interplay with Toxicology Testing Results
  • Types of Opinion Evidence to Be Derived from Such Evidence
  • Reliance on Another Expert’s Examination in Light of Nardi
  • Emerging Advances in DNA
Adrienne C. Lynch, Dr. Henry M. Nields and Kevin J. Reddington



2:45 DISCUSSION AND Q & A

3:00 NETWORKING BREAK

3:15 SPECIAL ISSUES ON JURY INSTRUCTIONS
  • Principal v. Joint Venture
  • Murder v. Manslaughter
  • Missing Witnesses
  • Mistaken ID
  • Adjutant
  • Cross Racial ID
  • Verdict Slip
  • Final Argument and Jury Instructions
Honorable Christine M. McEvoy, Lynn Beland and Willie J. Davis



4:30 DISCUSSION AND Q & A

5:00 CONCLUDE

  G E N E R A L   I N F O

Date:  

Friday, November 13, 2009

Tuition:  

$69.00. $45.00 for Suffolk alumni and attorneys admitted to the Bar after 2006.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

If for some reason you are not able to attend, you may send a substitute or call no later than the business day before to receive a refund less a $15.00 cancellation fee. Otherwise, you will receive the course materials.



Location:  

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



Credit:  

Approved for CLE Credit in RI, NH, VT & ME.



Special
Needs:
 

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



Scholarships:  

Are available to any attorney or professional employed in public service, or for whom attendance would otherwise present a financial hard­ship. For more information, call 617-573-8627.




Directions to the Law School.

 

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


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