Public Defender Las Vegas RETREAT Mar 31 - Apr 2, 2017
Michael J. Kennedy, J.D. | Justice P. Andras Schreck | Michael D. Edelson
Sally Ann Perring | Malorie Street | Antony Ufland
PDR photo by Roy Rendahl
This speaker information last updated 11/5/16. Watch for further updates and announcements at the Retreat.
Click Here for a Speaker Schedule (PDF)
Click Here for a List of Past Retreat Speakers
Note to future speakers: If you require a computer for your presentation, please bring yours or arrange to use a laptop. We provide a digital projector and screen. Let us know if you will have audio in your computer presentation, and your preference of either a WIRELESS lavalier mic, a WIRED lavalier mic, a WIRED hand held mic, or a stand-mounted podium mic. And please supply a photo and bio of yourself for our marketing purposes too. Thank you!
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Michael J. Kennedy, J.D.
Attorney, Law Office of Michael J. Kennedy Attorney; Indio, California
”Winning and Intimidating With Motions: Win Your Case Before They Know What Hit Them”
(1 hr MCLE) Sat 8:30am-9:30am
”Winning DUI / DWI Cases: Find Your Legal Defenses (Field Sobriety, Breath, and Blood Tests) and Overcome Political Pressure (MADD, Juror Bias, Angry Judges / Prosecutors)”
(1 hr MCLE) Sun 10am-11am
In his first talk, Michael will discuss (including examples) many types of criminal defense motions and the methodology of motions practice. Because of the sheer volume and percentage wins of his criminal motion practice in the late ‘80s, when he would often have more motions on the Indio calendar alone than would the entire public defender’s office, the vast majority of which would be won outright, he was dubbed “Captain Motion” by the local supervising judge of the criminal division. That nom du guerre has remained with him, and he is so billed in his many and ongoing lectures to various attorney groups about how they can improve their efforts in defense of our constitutional form of government. He has won many, many cases, big and small, at the preliminary hearing, motion, and trial stage, and he is quietly consulted by people who work in the system, who recognize that he is the ultimate “go-to” person in this craft.
Michael’s second talk will give an inside look at defending DUI/DWI cases and the political influences on these cases, as well as on juries.
Michael J. Kennedy is a Constitutional defense attorney, located in Indio, but "Have Constitution-Will Travel." He handles homicides, assaults, property crimes, DUIs/DWIs, misdemeanors and felonies, trials, appeals, and writs. He is a recognized expert in all areas of criminal law, from the lowest grade infraction and misdemeanor, to the most serious felony. His successes and reputation are second to none in the geographical regions in which he practices and lectures.
One area that has especially attracted Michael’s attention over the years is drunk driving defense, DUI, DWI, etc. Unlike most criminal law matters, DUIs are a political crime. They are pressed by government largely in service to the political agenda of neo-prohibitionist groups like Mothers Against Drunk Drivers, who are largely working from the Women's Christian Temperance Union playbook that resulted in the passage of the 18th Amendment, which gave us Prohibition. If one were to seek out a TV program that most aptly reflects the tone and harsh realities of the modern drunk driving philosophy and practice of our government, it would not be CSI, but instead Salem: the same public hysteria pseudo-science that characterized the 1692 Salem witch trials are what drive drunk driving prosecutions.
Politics driving DUI cases, makes them the most difficult of all cases to defend, a challenge to which he has risen with unsurpassed success. Indeed, that is partially why the California DUI Lawyers Association bestowed their coveted “Eddie,” the Lifetime Achievement Award, on Michael in 2011-2012.
One can be effective in other criminal law matters without being effective in DUI defense, but one who is effective in DUI defense is axiomatically effective in all other criminal law matters. If you can effectively defend a DUI, you can defend any case; the opposite is not necessarily true, because the public hysteria, junk science, and politics which visit drunk driving cases make them uniquely arduous.
Michael has over 34 years of legal practice, virtually all of which are in criminal and constitutional law. As a former [retired] long-time deputy public defender, he has handled every sort of criminal law matter, both in the trial courts and in the appeals courts. He has been invited by professional organizations and lawyer groups to teach their lawyer members at various continuing legal education venues in the state of California and throughout the country for well over two decades. And Michael’s scholarly legal materials are effectively used by lawyers far and wide.
There is a common misconception among critics of this craft that defense attorneys “represent” or “defend” “criminals.” We defend the Constitution against its attempted dismantlement by those who would concentrate in themselves expanding power at the expense of your and my liberty. We assist and counsel those accused of crimes, and we force the government to negotiate the complex path that the Constitution and laws require before a lawful guilty verdict could properly be returned, and no attorney is more effective nor more forceful in requiring the government to leap through all of the hoops that the Framers have erected than Michael.
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Justice P. Andras Schreck
Ontario Court of Justice; Brampton, Ontario, Canada
“Is a Court / Bench Trial Beneficial for the Defence; Tips on Preparing and Presenting Your Case to the Judge Rather than a Jury?”
(1 hr MCLE) Sat 9:30am-10:30am
“Attack, Discredit, Turn it Around; Challenging the Prosecution’s Expert Evidence”
(1 hr MCLE) Sun 11:10am-12:10pm
Justice Andras Schreck will be giving two presentations. The first talk is about “bench” or “court” trials (called “judge alone” trials in Canada). While the right to a trial by jury is a central feature of common law legal systems and a constitutionally protected right in both the U.S. and Canada, there are some cases where it may be in the defendant’s interest to be tried by a judge without a jury. This talk will cover what factors may lead the defence to choose a trial without a jury and how preparation for a bench trial differs from preparation for a trial by jury.
Justice Schreck’s second talk will address expert evidence in criminal cases. Expert evidence is often a powerful part of the prosecution’s case. By definition, the expert witness will know more about the subject in question than the lawyers or judge involved in
the case, making it difficult for them to critically evaluate it. Undiscovered flaws in expert testimony can and have resulted in serious miscarriages of justice. This talk will discuss how and when to challenge weaknesses in expert evidence to ensure that it is properly evaluated.
Andras Schreck graduated from the University of Toronto Faculty of Law in 1994, was called to the Ontario Bar in 1996 and certified by the Law Society of Upper Canada as a Specialist in Criminal Law in 2003. He practiced as criminal defence counsel for 18 years, appearing at every level of court, including several times in the Supreme Court of Canada. He has been an adjunct professor of law at both the University of Toronto Faculty of Law and Osgoode Hall Law School. He was a vice-president of the Ontario Criminal Lawyers Association from 2009 to 2013 and before that a director since 2003. He was appointed to the Ontario Court of Justice in 2014.
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Michael D. Edelson
Attorney, Edelson Clifford D’Angelo Friedman LLP; Ottawa, Ontario, Canada
“Cross Examination: The Art of the Defense”
(1.5 hrs MCLE) Sat 10:40am-12:10pm
“Cross-Examining Police Witnesses: Thinking Outside the Tool Box”
(1 hr MCLE) Sat 2:30pm-3:30pm
Michael D. Edelson is the principal partner of Edelson Clifford D’Angelo Friedman LLP. He graduated magna cum laude in 1975 from the University of Ottawa Law School, Common Law Faculty.
Since 1977 his practice has been largely restricted to the defence of criminal and regulatory offences. In 1989, he was certified as a Specialist in Criminal Law by the Law Society of Upper Canada. He is a member of The Advocate’s Society, The Criminal Lawyers' Association, and The National Association of Criminal Defence Lawyers (U.S.). He is also a member of the University of Ottawa Faculty of Law, Honour Society.
Michael has been repeatedly voted by his peers as one of the “Best Lawyers in Canada” criminal defence, and is a fellow of the American College of Trial Lawyers. He is an Adjunct Professor in Criminal Trial Advocacy at the University of Ottawa Law School, Common Law Faculty. He was on the faculty of the National Program, Federation of Law Societies (Criminal Law).
He has argued several thousand criminal cases, and he has conducted trials and appeals at all Court levels and in multiple provinces. He is a frequent speaker/lecturer at continuing legal education programs at the Law Society of Upper Canada, Osgoode Development Program, judges’ conferences for the Ontario Court of Justice and Superior Court of Ontario, and to Mexican lawyers in an extensive program developed by his law firm with respect to skills development in the adversarial system, conducted in Mexico.
Michael is often called upon to provide opinions on complex legal issues involving individuals and corporations both before and after criminal charges are sworn.
He is presently writing the Fourth Edition of Cross-Examination, The Art of the Advocate, originally authored by Mr. Justice Roger E. Salhany, along with Vincent Clifford.
Michael was named the Best Lawyers' 2016 Ottawa Criminal Defence "Lawyer of the Year."
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Sally Ann Perring
Dean of Academic Affairs, Retired; San Joaquin College of Law; Fresno, California
“Does the Eagle Know What is in the Pit: Ethical Issues in the Trenches for the Criminal Defense Attorney”
“Part 1: Professional and Courtroom Conduct: Bias, Harassment, Civility, and Politics”
(1 hr Ethics MCLE) Sat 1:30pm-2:30pm
“Part 2: Competence and Special Duties”
(1 hr Ethics MCLE) Sun 9am-10am
Sally served as adjunct faculty of the San Joaquin College of Law in Fresno, California beginning in 1983. She joined the full time faculty in 1991 and quickly became the Dean of Academic Affairs. Nearly 75% of SJCL graduates have taken Real Property from Sally. She drafted and organized multiple WASC and COBE accreditation self studies, a staggering task. She served as Academic Advisor for a multitude of student writers for the San Joaquin Agricultural Law Review. For many students, Sally was a crucial personal and professional advisor.
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Attorney, Santa Clara Public Defender Office; San Jose, California
“How to Take a Gamble at a Mental Health Defense and Win Against the Odds: A Step by Step Approach on What you Need to Present These Defenses and How to Put it All Together”
(1.5 hrs MCLE) Sat 3:40pm-5:10pm
Malorie will be speaking on spoting, identifying, and proceeding in defending criminal charges when mental health issues/defenses are present. This will help when assessing a case and considering a not guilty by reason of insanity, competence, etc. What tests need to be done, motions run, and experts consulted. This is a very large problem that has been addressed very little.
Malorie Street is a 26 year Trial Attorney veteran of the Santa Clara Public Defender’s Office. For over twenty years, she has specialized in handling complex mental health cases – including homicide and NGRI litigation. She developed a felony advanced resolution calendar, handled an NGRI murder case to verdict and has worked in Mental Health Treatment courts for over twenty years.
Handling literally hundreds of serious felony cases, incompetency matters, and assisting other lawyers in identifying mental health issues, she will provide training in how to assess your case; how the statutory constructs apply to your case and what type of expert or evaluator you will need to get the best result for your client. This is an area of criminal defense that has been addressed very little.
This training can provide the important elimination of bias requirement, (California attorneys), and will address the ethics of privacy concerns for you and your client.
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Attorney, Orange County Alternate Defender Office; Santa Ana, California
“Lawyers, Guns, and Money: the Sh*t has Hit the Fan”
(1 hr MCLE) Sun 12:10pm-1:10pm
Tony will discuss the current state of the law regarding these politically charged offenses, and the best approach in mounting a defense. He will discuss constitutional arguments, prosecution issues, and the use of motions in confronting these troubling cases.
Tony is a very experienced defense attorney. He has been practicing for over 23 years, and has been a tenacious defender of his clients in both the trial courts as well as appellate courts.
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