Minnesota Continuing Legal Education, joined by the Minnesota County Attorneys Association, the Office of the Minnesota Public

Defender, the Bureau of Criminal Apprehension, the Office of Continuing Legal Education for State Court Personnel, the Office of the Attorney General, the Minnesota Association of Criminal Defense Lawyers and the MSBA Criminal Law Section present

Criminal Justice Institute

Event Guide
Monday & Tuesday, August 26 & 27, 2013
On behalf of Minnesota CLE & the other Institute cosponsors, welcome to the 48th Annual Criminal Justice Institute! We are delighted that you could join us! See inside for details on how to register for your FREE Bonus Session CSI Minnesota: The A, B and Cs of Expert Testimony, presented live or via webcast on September 19.

The 48th Annual

Join the Conversation on Twitter!

Hashtag #MinnCJI Follow us @MinnesotaCLE Use Twitter and experience the Institute in a completely new way! Send Tweets throughout the Institute as a way to connect with fellow practitioners, take notes during sessions, discuss ideas, and share links to valuable resources. Connect with Minnesota CLE anytime by Following us on Twitter and LinkedIn, Liking us on Facebook, or subscribing to our YouTube Channel.

Please read through this guide carefully and keep it with you throughout the conference. Contents: Course schedule Breakout session locations A map of the RiverCentre Other important information

Welcome to

The 48th Annual Criminal Justice Institute

Luncheons
The luncheons are provided for all Institute attendees. They are located on the Kellogg Blvd Level. If you have a special dietary need, please stop at the registration desk at your earliest convenience so we can try to accommodate your request. Be sure to take your books with you the Ballroom will be divided and rearranged for the afternoon sessions. Lunch Day 1: Teriyaki Chicken Sandwich Vegetarian Option: Grilled Portobello Mushroom Sandwich Gluten Free Option: Grilled Chicken Breast Salad Lunch Day 2: Chopped Steak with Mushroom Demi (Gluten Free) Vegetarian Option: Sauted Vegetables with Quinoa

Easy Online Access to All Materials!

Course materials for the 2013 Criminal Justice Institute are provided electronically. As an attendee of this conference, you are granted a Single-User License to these materials. To access your materials, follow the instructions on the page titled eAccess to Course Materials at the front of the blue binder you received at check-in. You will have access to: 1. The complete 2013 Criminal Justice Institute manual, including plenary and breakout session materials 2. The Criminal Code Book 3. Faculty PowerPoint presentations 4. Late materials and additional handouts

Your Binder:
The Plenary tabs contain all of the materials submitted from Day 1 and 2 Plenary sessions (these plenary materials are also on your CD-ROM).

Evaluation... Please!
We appreciate your help in completing the evaluation forms. We value your comments and suggestions! Please leave your evaluations at the registration desk when the Institute is over. Thank you!

Other Great Materials

Each attendee will also receive two of Minnesota CLEs Legal QuickSheetsTM: Telephonic Search Warrants 7 Steps and Warrantless Motor Vehicle Searches.

Calls From Your Office

Please check the message board periodically for messages from your home or office. The registration desk phone number is 651-726-1802.

Breakout Sessions
Use the location list and the map to locate the sessions of your choice.

Power Tower Charging Station

A special thank you to LinkedLaw for sponsoring the Power Tower Charging Station. It can be found at the Minnesota CLE Publications booth in the Exhibitor Hall.

Please Write Your Name In Your Books!

We cant replace books that are lost. If turned in, we will be able to return your book to you if your name is in it.

As a special bonus, Minnesota CLE and the co-sponsors of the Criminal Justice Institute are very pleased to present:
CSI Minnesota: The A, B and Cs of Expert Testimony Part I
Thursday, September 19, 2013 8:55 a.m. 12:10 p.m.

CSI Minnesota: The A, B and Cs of Expert Testimony Part II

Thursday, September 19, 2013 12:55 3:00 p.m.

How to Register for These FREE Bonus Sessions:

Live Session
You may register online for the live session at www.minncle.org. Click the course title on the seminar roster for the live seminar. You will use coupon code FREE2013CJI to register at no additional cost.

Live at Minnesota CLE Conference Center or Online via live webcast

Live at Minnesota CLE Conference Center or Online via live webcast

Minnesota CLE has applied to the Minnesota State Board of CLE for 3.0 standard CLE credits. Application is also being made to the MN Peace Officer Standards and Training Board for 3.0 POST credits.
8:55 9:00 a.m.

Minnesota CLE has applied to the Minnesota State Board of CLE for 3.0 standard CLE credits. Application is also being made to the MN Peace Officer Standards and Training Board for 3.0 POST credits.
12:55 1:00 p.m.

Or you can attend by Welcome & Introduction Part II

1:00 1:40 p.m.

Welcome & Introduction Part I

9:00 9:45 a.m.

Frederic Bruno & Carolyn Agin Schmidt, Course Co-Chairs

Webcast

Frederic Bruno & Carolyn Agin Schmidt, Course Co-Chairs

A Arson: Tap Dancing on Match Sticks A Guide to Distinguishing Fire Science from Fancy Footwork
Terry W. Duncan, CFI Central States Fire Investigations Inc.; Owatonna 9:45 10:30 a.m.

B Bones: Burned Bodies and Trauma

A Accident Reconstruction

What every attorney should know about the practice of forensic anthropology, the interpretation of burned bodies and traumatic injury, and key questions to ask the expert. Susan M. T. Myster Hamline University Anthropology Dept; Saint Paul 1:40 2:20 p.m.

David B. Daubert Expert Witness Services; Waconia 10:30 10:40 a.m. 10:40 11:25 a.m. Break

B Bugs: Solving Mysteries with Maggots

Valerie J. Cervenka, M.S., D-ABFE; Division of Forestry Minnesota Department of Natural Resources; Saint Paul 2:20 3:00 p.m.

B Ballistics: Firearm and Toolmark Evidence and Examinations

An overview of everything you ever wanted to know about firearm and toolmark identification and why it isnt ballistics. Kurt Moline Bureau of Criminal Apprehension; Saint Paul 11:25 a.m. 12:10 p.m.

C Computers: Computer Forensics Its More than Email

Registrations for Minnesota CLE webcasts are processed solely online. If you havent done so already, you will first need to create your free Minnesota CLE login account. This process is quick and easy. Simply go to www.minncle. org and click LOGIN. Proceed through the pages to create your login account. Once logged in, click the webcast title on the seminar roster for the webcast. You will use coupon code FREE2013CJI. Once registered, you will receive an e-mail confirmation notice that includes complete instructions for viewing the webcast.

Non-traditional evidence sources, such as the iPhone, iPad, and social media and ethical considerations for their use. Mark Lanterman Computer Forensic Services; Minnetonka

Please note: This free seminar

B Bodies: Dos and Donts in Working with the Medical Examiner Witness

coupon code is for 2013 Criminal Justice Institute attendees ONLY and may not be transferred.

How attorneys can work effectively with Medical Examiners. Lindsey C. Thomas, MD; Assistant Medical Examiner Hennepin County Medical Examiners Office; Minneapolis

Taking Deskbooks To The Next Level

Minnesota CLEs Deskbooks, important resources you have known and trusted for decades, are now even more valuable with the introduction of LinkedLaw, a new, innovative web-based product. LinkedLaw Deskbooks are available online 24/7, and in addition to being fully searchable, LinkedLaw books are linked within each book to all primary authorities mentioned in the text. Summon the texts of statutes, rules and cases with simple mouse clicks. Navigate from the table of contents to a corresponding page in the book. Minnesota CLEs Deskbooks on LinkedLaw have everything you need to research, prepare, and evaluate dynamic analysis and save valuable time in the process!

Subscription Information
Individual title subscription prices include 24/7 online access to title purchased for 12 months from purchase date.

More Information
For more information regarding LinkedLaw annual subscriptions, or if you have any questions, you can reach us at 651-227-8266 or 800-759-8840.

Sign up for your free 4-month subscription and spin the wheel for a chance to win great prizes from Minnesota CLE Publications.

Schedule / Session Locations

Monday, August 26
PLENARY SESSIONS All Plenary sessions will be held in the Grand Ballroom 7:45 8:30 a.m. 8:30 9:15 a.m. 9:15 10:00 a.m. 10:00 10:30 a.m. 10:30 11:45 a.m. CHECK-IN & CONTINENTAL BREAKFAST [Sponsored by The Blue Pages] Mental Health & Guns (Abderholden, Ortman, Quam & Stanek moderator) Gideon and Its Meaning and Impact on the Criminal Justice System in Minnesota After 50 Years (Burke, Choi, Friedman, Hilstrom & Stuart moderator) BREAK U.S. Supreme Court Review (Stras)

11:45 a.m. 12:15 p.m. The Care, Feeding and Cross Examination of Stool Pigeons, Canaries and Other Birds of Prey (Friedberg) 12:15 1:15 p.m. 1) 2) 3) 4) 5) 6) 7) 8) INSTITUTE LUNCHEON [Sponsored by LinkedLaw]................................................. Kellogg Blvd Level Please take your books and personal items with you ballroom will be divided for breakout sessions.

1:152:15 p.m.

SUPER BREAKOUT DWI Update (Sheridan)......................................................................................................... Ballroom BC The Native Mob Trial [2-hour session] (Goerke, Schleicher, Traurig, Wilhelmy & Winter)......................................... Ballroom A Dealing with Pro Se Litigants (Coates).................................................................................................................... Ballroom E Prosecuting DV Cases What if the Judges Order Was Actually Enforced? (Kendall)....................................... Ballroom FG Using Technology for Persuasion at Trial (Pacyga)................................................................................................... Ballroom D E-Filing & E-Serving (Including a Live Demo) (Cahill)................................................................................... Meeting Room 4-5 Drug Chemistry Field Identification Certificate Program (Nielsen).............................................................. Meeting Room 2-3 Defending Marijuana Cases Its Still Illegal (Gallagher)............................................................................. Meeting Room 6 BREAK

SESSION

2:15 2:30 p.m. 9)

2:303:30 p.m.

The Native Mob Trial (continued)............................................................................................................................... Ballroom A SUPER BREAKOUT Pre-Trial Best Practices 20 Pre-Trial Topics that Every Attorney Must be Prepared to Discuss (Pendleton)........................................................................................................... Ballroom BC

SESSION

10) Bias and Cultural Specificity in the Treatment Industry [2-hour session] [2.0 elimination of bias credits] (Evans, Moore & Mackin)....................................................................................Ballroom FG 11) Criminal Records Expungement Remedy or Red Herring? (Esmay & Haase).................................................... Ballroom E 12) CVO & CVH Cases After Al-Naseer & Senser: Knowledge, Causation, Intent, Oh My! (Russell).........................Ballroom D 13) Succession Planning The Time is Now (Ramsay)...................................................................................... Meeting Room 6 14) Children or Different Representing Juveniles Post-Miller a Slippery Slope or Paradigm Shift? Should the Criminal Law be Applied to Juvenile Offenders? (Rosenberg).............................................. Meeting Room 4-5 15) Financial Exploitation of Vulnerable Adults (Hilstrom & Roehrdanz)......................................................... Meeting Room 2-3 3:30 3:45 p.m. BREAK

3:454:45 p.m.

Bias and Cultural Specificity in the Treatment Industry (continued)...................................................................Ballroom FG

SESSION

16) Dude! Wheres My Car?!? Todays Forfeiture Laws (Lang & Olson)................................................................ Ballroom BC 17) Misdemeanors Matter What Every Trial Attorney Should Know About Misdemeanor Appeals (Lauermann & McConaughey)........................................................................................... Ballroom E 18) Human Trafficking: A Silent Epidemic (Bandemer & Quinn)..................................................................... Meeting Room 4-5 19) Commercial Drivers License (CDL) Something Every Court Practitioner Needs to Know About CDLs (Drexler & Lemons)................................................................................................... Ballroom A 20) Guns and Canada (Williams)...................................................................................................................... Meeting Room 2-3 21) DNA Phenotyping: Can Investigators Generate a Wanted Poster From a Drop of Blood? (MacLean)................Ballroom D 22) Important Family Law Considerations in Criminal Cases (Newmark & Santana)........................................ Meeting Room 6

4:45 6:00 p.m.

Institute Reception [Sponsored by SmartStart MN] Relax and have fun with long-time friends and new acquaintances!

Schedule / Session Locations

Tuesday, August 27
PLENARY SESSIONS All Plenary sessions will be held in the Grand Ballroom 8:00 8:30 a.m. 8:30 9:15 a.m. 9:15 9:45 a.m. 9:45 10:00 a.m. 10:00 11:15 a.m. CONTINENTAL BREAKFAST Minnesota Supreme Court Update 2012-2013 Term (Costello) Legislative Update (Helseth Kiese) BREAK Constructing the Trial Story on Cross-Examination Should A Few Good Men Be Our Role Model for Cross-Examining Witnesses in Criminal Cases (Gildin)

11:15 a.m. 12:00 p.m. Working Through Electronic Evidence Issues in Criminal Procedures (Gildin, Pendleton, Rubin & Friedman moderator) 12:00 1:00 p.m. INSTITUTE LUNCHEON [Sponsored by LinkedLaw]................................................. Kellogg Blvd Level Please take your books and personal items with you ballroom will be divided for breakout sessions.

1:002:00 p.m.

23) SUPER BREAKOUT The Dirty Dozen [2-hour session] (Cramer Borneman, Brandt, Butler, Folk, Frederickson, Lang, Metz, Olson, Schneider, Shook, Vergeja & Halberg moderator)..................................Ballroom D 24) McNeely and Its Impact on Search Warrants (Lemons & Pendleton)................................................................. Ballroom BC 25) All the Databases and Acronyms Bureau of Criminal Apprehension (BCA) Systems Overview (Kalstabakken)................................................................................................................ Ballroom A 26) Fulfilling Duties Under Padilla: Is Anything Really Clear in Immigration Law? (Nestor & Stuhlman)... Meeting Room 4-5 27) Recoverable Social Media What Prosecutors and Defense Attorneys Should Know (Carney)......................Ballroom FG 28) Demarcating the Levels of Bodily Harm in Assault Cases (Larson)............................................................. Meeting Room 6 29) Brain Imaging and Mental Health Issues (Klumpp)................................................................................................ Ballroom E 2:00 2:15 p.m. BREAK

SESSION

D E F

2:153:15 p.m.

SUPER BREAKOUT The Dirty Dozen (continued)................................................................................................Ballroom D

SESSION

30) The Loss and Restoration of Firearms Rights (Keegan & Kryzer)........................................................................ Ballroom BC 31) Misuse of Government Databases Lessons Learned and Future Trends Access, Use, Sharing, Audits and Consequences (Link).....................................................................................Ballroom FG 32) Sovereign Citizen Tactics in Criminal Court and Prison Harmless Kooks, Domestic Terrorists or Both? [2-hour session] (McComb)............................................ Meeting Room 2-3 33) Handling Cases Involving Abusive Trauma to Children (Frank & Sens)................................................................. Ballroom E 34) Using Experts in Criminal Cases Experts What!? (Stiehm)................................................................. Meeting Room 4-5 35) Local Rules Which Make Lawyers Look Foolish Thats Not How We Do It Here, Dummy! (Ahern)............................................................................................... Ballroom A 3:15 3:30 p.m. BREAK

3:304:30 p.m.

SESSION

Sovereign Citizen Tactics in Criminal Court and Prison Harmless Kooks, Domestic Terrorists or Both? (continued)..................................................................... Meeting Room 2-3

36) Forensic Laboratory Accreditation: Quality Matters (Giles, Henning, Kasbohm & Knutson)....................... Meeting Room 6 37) Data Practices: The Topic You Love to Hate Hot Data Topics for Criminal Justice Professionals (Engler).......Ballroom D 38) Voluntary Intoxication and Sleepwalking Defense Cases (Newmark)................................................................... Ballroom A 39) The Ethics of the Deal: The Truth, Some More of the Truth, and Nothing but the Truth Ethical and Criminal Defense [1.0 ethics credit] (Siefken)....................................................................................Ballroom FG 40) Compassion Fatigue and Its Impact on the Criminal Process (Bibelhausen, Quaintance & Stawicki)................... Ballroom E 41) Search and Seizure The Resurgent Fourth Amendment Impact on Minnesota Precedents (Kirwin)......... Ballroom BC

Sponsors
The Blue Pages
The Blue Pages is a directory of attorneys who specialize in DWI/DUI and all criminal matters. It is distributed statewide to Law Enforcement Agencies where it is utilized in the booking areas of the jails. The Blue Pages has been bringing new client calls to our attorneys for the past sixteen years. Our goal is to bring you new business.

Exhibitors
Lawyers Concerned for Lawyers
(LCL) is a private, non-profit corporation which offers free, confidential help to Minnesota lawyers, judges, and law students with chemical health and other addictions, mental health, stress, family and work related problems. The primary services include: assessments, referrals, short-term counseling, crisis response, mental health group therapy, interventions, individual mentoring and education.

Minnesota CLE Publications

Your attendance at this institute qualifies you to purchase selected Minnesota CLE Publications at special sale prices. Our staff is here to field your questions about the display titles, or any other Minnesota CLE product. Place your order at our table today! [No cash please; all orders will be billed and shipped.]

MN Adult & Teen Challenge

For almost 30 years, MN Adult and Teen Challenge has been restoring hope to people struggling with drug and alcohol addiction. We offer a full range of services including: Intensive licensed Rule 31 treatment programs: both residential and outpatient Long-term faith based recovery programs Extensive aftercare programs for graduates Prevention programming for middle and high school students These offerings allow us to effectively serve individuals with a broad spectrum of addiction issues; from those seeking treatment for the first time, to those who have been struggling with addiction for many years.

Midwest Monitoring & Surveillance

Midwest Monitoring & Surveillance specializes in providing electronic monitoring systems and Drug Testing Products for law enforcement, Drug Courts, Health & Human Services, and County corrections. Midwest provides high-quality, high technology remote offender monitoring, alcohol testing, tracking, and surveillance products. Midwest offers multiple systems and virtually unlimited flexibility to all customers. Midwest provides a very high level of practical experience, knowhow, and technological integration to provide for low cost, effective and efficient methods of monitoring.

MN Organization on Fetal Alcohol Syndrome

Individuals with an FASD are disproportionally involved with the criminal justice system. MOFAS stands up for the rights of the FASD community, provides education and works to ensure that all women know that there is no safe level of alcohol use during pregnancy.

Sentencing Solutions
Sentencing Solutions is a network of experienced legal dispositional advisors, sentencing advocates and mitigation specialists providing defense attorneys with a comprehensive understanding of their clients, assistance addressing client needs (including referrals to community programs), and written alternative court recommendations. Consult available for any type of criminal case.

Minnesota CLE LinkedLaw

LinkedLaw Deskbooks are available 24/7 online, via your computer or mobile device. In addition to being fully searchable, LinkedLaw books are linked to primary authorities mentioned in the text. Summon the texts of statutes, rules, and cases with simple mouse clicks. Navigate through the book quickly and easily using the table of contents to jump directly to corresponding pages within the book. And, with a LinkedLaw Deskbook annual subscription you will always have the most current version of the Deskbook at your fingertips. Find your code for a free 4-month subscription on the LinkedLaw flyer you received at registration.

The Minnesota Association of Criminal Defense Lawyers

The Minnesota Association of Criminal Defense Lawyers is the States premier professional organization of the criminal defense bar. The membership of over 200 lawyers includes private practitioners and public defenders from across the state. The MACDL is devoted to strengthening the profession, providing regular seminars, and promoting fair laws, rules, and regulations. We also have fun events and relaxing happy hours. The MACDL welcomes new members.

Shred Right
Locally owned and operated, Shred Right has been the Information Destruction Authority in the upper Midwest for 30 years. With headquarters in St Paul, MN we cover MN, SD, ND, WI and Northern IA, securely destroying confidential paper, hard drives, electronic media and more to keep you in compliance with everincreasing privacy laws. Shred Right offers the best in service and security for your business.

Smart Start MN
Smart Start MN has provided Ignition Interlock services since 2006. Co-owners Mike Friedberg and Ed Cohen have more than 35 years of criminal law practice and are uniquely suited to providing the exact services that your ignition interlock clients need. Smart Start MN is always available to answer your questions.

Saint Paul RiverCentre

651-726-1802
Grand Ballroom and Meeting Rooms
NORTH CONCOURSE

Level Three

Ballroom E
OVERLOOK

Ballroom FG

Ballroom A

Ballroom BC

Ballroom D

REGISTRATION

PUBLICATIONS SALES

KELLOGG CONCOURSE
EXHIBITORS ESCALATOR ESCALATOR

Mtg. Room 1

Mtg. Room 2-3

Mtg. Room 45

Mtg. Room 6

WOMEN

MEN

WOMEN

MEN

Mtg. Room 9

Location FAQs
On this Level On the Street Level

Restrooms: Two locations by Ballroom D on the Kellogg Concourse; and by Ballroom H on the North Concourse Exhibitors throughout the Kellogg Concourse Message Board by the registration booths Water Stations We have scattered water stations throughout the RiverCentre. These water stations replace bottled water and are one of the ways we can add green to the conference. Reception (Day 1) in the registration area

Restrooms: Below the Overlook Luncheon (Day 1 and Day 2) Take escalators in registration area or near Meeting Room 9 down to street level; luncheon is set below the registration area. Phones Below the Overlook Internet WiFi wireless network name is MSE_Hotspot. After choosing this network, open your internet browser. You will be redirected to a page to accept the terms of use. Restaurant Below Meeting Room 9

On the Skyway (follow the skyway through the building)

ATM Business Center (for faxes, copying)

Criminal Justice Institute Exhibitor Prize Giveaway

Win Great Prizes!

The Blue Pages MN Adult & Teen Challenge

Apple iPad Mini

Minnesota CLE LinkedLaw

$40 Target Gift Card

Smart Start MN Lawyers Concerned for Lawyers Midwest Monitoring & Surveillance

Overnight stay at The Saint Paul Hotel

Overnight stay at Holiday Inn St. Paul Downtown

Free Registration to the 2014 Criminal Justice Institute

The Minnesota Association of Criminal Defense Lawyers

Free Space

Minnesota CLE Publications

Stop by our exhibitors and receive a stamp or initial for the appropriate box. Once you have received 8 stamps (the free space counts!), return this form to the box near the Registration Desk to be entered in the prize drawing. Please remember to complete your contact information.

Winners names will be posted on the Prize Board near the Registration Desk at the 2:00 p.m. break on Tuesday.

MN Organization on Fetal Alcohol Syndrome

Sentencing Solutions

Shred Right

Contact Information:

Faculty, planners and exhibitors are not eligible to win exhibitor bingo prizes. Employees of Minnesota CLE and the Minnesota State Bar Association and their family members are not eligible to win.

Name:

Phone Number:

Firm: