Join us in St. Louis for the Life in the Balance conference to develop and improve the interviewing, investigation, litigation, mitigation, and advocacy skills and techniques needed to save lives in all phases of capital defense.
With more than 90 sessions over three and a half days, the 2012 Life in the Balance conference will provide an opportunity to learn from and work with the most successful and forward-thinking attorneys, mitigation specialists, investigators and experts from across the nation. The faculty will offer expert guidance and instruction on such topics as:
- Mental health, including Atkins, the MMPI and competence to be executed
- Taking death off the table through plea negotiations and effective advocacy for your client’s life
- Race and culture and their implications for the defense team, the jury and the courts
- Motion practice and preservation of error
- Defense team dynamics
- ABA standards, Supplementary Guidelines for the Mitigation Function
- Ethics and constitutionally effective assistance
- Capital Juries: How to pick them, talk to them and understand the way they work
- Individual case consultations will also be offered.
Who Should Attend Life in the Balance?
Participants must be involved in the defense of persons accused in capital and serious felony cases and are typically defense attorneys, mitigation specialists and defense investigators. Participants come from a variety of practice settings and public defender offices: solo, small and large.
If You Are New to Capital Defense...
Life in the Balance will offer training in all basic skills, including: developing a relationship with your client and client’s family, locating and interviewing witnesses, gathering and organizing documents and evidence.
If You Are a Seasoned Capital Defense Team Member...
You can be assured of going home with new information and materials that will make a difference in your cases. Sessions will be presented on complex areas of death penalty representation, such as multiple defendant cases, cases crossing international boundaries and federal death penalty prosecutions. Life in the Balance will provide new insights and methods for well experienced practitioners.
Capital Appeals, Habeas Corpus, and Post-Conviction Practice
Since most capital cases do not end at the trial level, Life in the Balance will include sessions that cover the process from the moment a death verdict is returned through cert in the Supreme Court. Experienced practitioners and experts will help you navigate the complex terrain of capital appeals and habeas procedure and the painstaking methods of factual reinvestigation and presentation that post-conviction proceedings require.
Federal Capital Cases
Since federal practice is different, special sessions will be offered to address the nuances of capital defense in the federal courts. Need help with your case? Bring your case with you. Opportunities will be available for you to meet one-on-one with experienced lawyers, mitigation specialists and investigators.
Agenda
Click here for the official Life in the Balance Conference
Program Book (pdf format). We will have a couple of minor changes so you
will receive the hard copy of this program and an errata onsite.
Monday, October 29
1:00 – 5:30 pm Registration
Tuesday, October 30
7:00 – 5:00 pm Registration
7:30 – 9:00 am Continental Breakfast
9:00 - 10:30 am Plenary: Effectively Channeling Your Rage Against the Death Penalty Machine
Sean O’Brien
10:45 - 12:15 pm Sessions:
Rebutting Intent: Diminished Capacity vs. Mental State
Alex Bassos
WORKSHOP: Interviewing Skills, Pt. 1
Jim Tibensky
Making Objections and Preserving the Record
Sean O’Brien
What Were They Thinking: Inside the Mind of the Judge in a Capital Case
Dr. Brook Butler
Interpreters and Other Language Access Issues
David Baugh
Using Mapping to Tell Your Client’s Story
Amy Nguyen
Firearms & Ammunition Technology & Shooting Incident Scene Reconstruction
Watani Tyehimba, John Nixon
Developments in Eyewitness Identification
Karen Newirth
Case Consultations
12:15 - 2:00 pm Lunch on Your Own
2:00 - 3:30 pm Sessions:
DSM IV: Is It Accurate and How to Effectively Use It
Alex Bassos
WORKSHOP: Interviewing Skills, Pt. 2
Jim Tibensky
Antiterrorism and Effective Death Penalty Act (AEDPA)
Cliff Gardner
Reading Medical Records
Tara M. Godoy
Using Psychological Concepts to Enahance Voir Dire
Dr. Brook Butler
Litigating Prosecutor-ial Misconduct in Capital Cases
Sean O’Brien, David Baugh
The Client’s Family As a Resource
Claudia Whitman, Tonya McClary, James Green
Firearms Identification and Toolmark Analysis in the Light of NAS 2009
John Nixon
A New Tool for Litigators: Use of the American Bar Association’s Death Penalty Assessment Reports
Melinda Pendergraph, Ryan C. Kent, Mark Pickett
Case Consultations
3:45 - 5:15 pm Sessions:
Addressing Issues of Faith in Capital Defense Representation
Danalynn Recer
Appellate Advocacy in Capital Cases
Cliff Gardner
Blunt Force Trauma
Tara M. Godoy
Cross Examining Informants
David Baugh
Strategic Use of the Media
Claudia Whitman, Tonya McClary, James Green
Computer Forensics
Greg Chatten, Kevin McClain
ETHICS - Ethical Implications of Legal Communication Monitoring
James J. Connell
Case Consultations
5:30 -7:30 Welcome Reception
Wednesday, October 31
7:00 - 5:00 pm Registration
7:30 - 9:00 am Continental Breakfast
9:00 - 10:30 am Plenary: Decisional Competency
Alex Bassos
10:45 - 12:15 pm Sessions:
Nearly Psychotic: Schizoptypal Personality Disorder in Capital Cases
Dr. Tom Reidy
WORKSHOP: Persuasive Written Advocacy –Motions, Briefs, Memoranda, Pt. 1
Danalynn Recer
An Introduction to Persuasive Storytelling
Jim Tibensky
Race and Environmental Issues
Claudia Whitman, Tonya McClary, James Green
Classified Evidence in National Security Cases
James J. Connell
ETHICS - The Most Critical Issues for Capital Defenders
Don Catlett
Cell Phone Forensics
Michael Cherry
Making Re-entry Work for Your Client
Eddie Ellis, Ed Burnette
Strategies for Effectively Defusing the Victim Impact Case
David Baugh
12:15 - 2:00 pm Lunch on Your Own
2:00 - 3:30 pm Sessions:
Neuro-psychology of Violent Aggression and Murder
Dr. Robert Hanlon
WORKSHOP: Persuasive Written Advocacy –Motions, Briefs, Memoranda, Pt. 2
Danalynn Recer
Common Mistakes Experts Make
Dr. Bruce Frumkin, Greg Mermelstein
Getting Mental Health and Social Services Records
Amy Skrien, Chris May
Collecting and Preserving DNA Evidence in Homicide and Sexual Assault Cases
Watani Tyehimba, Gloria Carrey
WORKSHOP: New Tools for A New World Part I - Case Analysis
Jim McComas
Government Use of Geo-location and Stored Communication Data
James J. Connell
Protecting Your Client’s Interests When Communicating with Court Services
Eddie Ellis, Charo Davis, Shawna Geiger
Raising Winning Challenges to the Venire
Patrick Berrigan
3:45 - 5:15 pm Sessions:
Neuropsychological Evaluations of Capital Murder Defendants
Dr. Robert Hanlon
WORKSHOP: Storytelling
Shawna Geiger, Jim Tibensky
Raising and Litigating Competency in Post Conviction Proceedings
Mark Olive, Wendy Peoples
Explosives Technology and Improvised Explosive Devices (Destructive Devices)
John Nixon
WORKSHOP: New Tools for A New World Part II - Dynamic Cross Examination
Jim McComas
Internet Sleuthing
Kevin McClain, Jon Lyon
Investigative Case Review and Analysis
Gloria Carrey, Rashid McCall
Jury Instructions: Preserving issues That Relate to Lesser Included Offenses
Patrick Berrigan
Thursday, November 1
7:00 - 5:00 pm Registration
7:30 - 9:00 am Continental Breakfast
9:00 - 10:30 am Sessions:
Intellectual Testing in Atkins Assessments: the Flynn Effect, Effort Testing and other Considerations
Dr. Tom Reidy
WORKSHOP: Dynamic Cross Examination, Pt. 1
Jim McComas
Representing Muslim Clients
Watani Tyehimba, Rashid McCall
Audio and Visual Forensics
Scott Koontz
Unveiling the Hidden Disability: The Prevalence of Language Impairments Among Our Clients and Why we should Care
Michele LaVigne
Using Adobe and PowerPoint in Mitigation and Pleas
Shawna Geiger, John Gonglach
Habeas Caselaw Review
Mark Olive
10:45 - 12:15 pm Sessions:
Understanding the Law and Science Behind Atkins, Pt. 1
Juliet Yackel, Dr. Greg Olley
FORUM: What I Should Expect from My Expert
Dr. Bruce Frumkin, Ed Burnette
WORKSHOP: Dynamic Cross Examination, Pt. 2
Jim McComas
Developmental Factors and Violence in the Community
Dr. Tom Reidy
Safety in the Field
Watani Tyehimba, Gloria Carrey
Blood Spatter
Todd Thone, Kevin McClain
WORKSHOP: Using Adobe and PowerPoint in Mitigation and Pleas
John Gonglach, Shawna Geiger
Litigating Ineffective Assistance of Counsel Claims
Mark Olive
12:15 - 2:00 pm Lunch on Your Own
2:00 - 3:30 pm Sessions:
Understanding the Law and Science Behind Atkins, Pt. 2
Dr. Greg Olley, Juliet Yackel
Defense Experts: How to Get the Court to Give You the Help You Need When You Need It
Ed Ungvarsky
Technology Forum: What’s Out There and What You Need
Betsy Wilson
Risk Assessment for Prison: Update of Important Recent Research
Dr. Tom Reidy
Transitioning the Mitigation Function From Pre-Trial to Post-Trial
Lori James-Townes
ETHICS - Ethics for Investigators
John Gonglach
Military Justice System 101
Capt. Gerald Healy
Certification, Waiver, and Transfer: The Death Penalty
of Juvenile Court
Prof. Mae Quinn
U.S. Supreme Court Review
Marshall Hartmann, Laurence Benner
3:45 - 5:15 pm Plenary: Transcending Race, Class and Culture on Capital Defense Teams: Establishing Respectful Relationships With Our Clients and Each Other
Watani Tyehimba, Ed Ungvarsky, Lori James Townes
Friday, November 2
7:00 - noon Registration
7:30 - 9:00 am Continental Breakfast
9:00 - 10:30 am Sessions:
Getting
the Keys to the Prison: Institutional Life Investigations
Juliet Yackel
DNA: Mounting an Effective Challenge to the Prosecution's Case
Ed Ungvarsky
Strengthening the Defense Team Through Effective Collaboration and Communication
Emily Hughes, Betsy Wilson
Miranda Wiavers: Why Clients Feel Compelled to Talk to the Police
Capt. Gerald Healy, Dr. Bruce Frumkin
Establishing Trust Through Active Listening
Lori James-Townes
10:45 - 12:15 pm Sessions:
Medico-Legal Death Investigations
Kevin McClain
Mitigation and Resentencing in JLWOP Cases
Betsy Wilson, Shawna Geiger
ETHICS – Teamwork: Ethical Issues for a Multidisciplinary Team
Emily Hughes
Psychological Components of False Confessions
Capt. Gerald Healy, Dr. Bruce Frumkin
Language, Culture and Representing Non-Citizen Clients
Kari Converse