Criminal Law 2020

September 17-18, 2020

$300 - 11.2 WV MCLE Credits, including 1.0 Elim. of Bias Subtopic.OH and PA applications pending

This course is being offered via LIVE webinar. This constitutes LIVE attendance under the WV MCLE rules. Ohio and PA credit info pending.

 Registration: $300

Click Here to Register!


 Price includes a digital coursebook.

This seminar is accredited for 11.2 WV MCLE hours, including 1.0 hours of Elimination of Bias subtopic credit. OH, PA credit information is pending.

Thursday, September 17th – 2:00-6:15 PM

Welcome Remarks

E. Gordon Gee, West Virginia University

Navigating DUI after SB 130 

Nicole Cofer, Traffic Safety Resource Prosecutor

SB 130, which became effective June 4, 2020, made changes to West Virginia's driving under the influence code sections. Prosecutor Cofer, West Virginia's Traffic Safety Resource Prosecutor will walk through these changes and discuss the new procedures. She will also address caselaw updates that are relevant to your DUI work. 

The Impact of Racism on the Criminal Justice System

Meshea Poore, Vice President, West Virginia University

Racism impacts every level of the Criminal Justice system. From the drafting of our criminal codes to our own interactions with clients and witnesses, the influence of explicit and implicit biases against BIPOC is evident. Join Meshea Poore, Esq., WVU Vice President for Diversity, Equity, and Inclusion and former criminal defense attorney, to learn actionable steps to identify and check your biases at the courthouse door, as we strive to promote equity in the criminal justice system.  

Criminal Procedure Update

Dean John Taylor, WVU College of Law

A review of the state and federal criminal procedure decisions from recent terms that every criminal lawyer must know.

Qualified Immunity: Past, Present, and Future

Honorable Frank Volk, U.S. District Court for the Southern District of West Virginia

Qualified immunity is a key component of Section 1983 civil rights actions, which involve not only state and local police officers, but also school board members, mayors, governors and the like. This lecture discusses the origins of the immunity, navigates qualified immunity in the time of police reform, and analyzes government approaches to reform and the media’s subsequent response.

Friday, September 18th – 8:30AM-4:20PM

Motion Drafting: A Checklist Method

Donald J. Stennett, Public Defender Services
Brett Ferro, Public Defender Services

From aviation to medicine, professionals are employing formal, written checklists for those tasks that are routine. Studies have demonstrated the effectiveness of this use in avoiding human error because of hasty or mere faulty recollection. Even experienced practitioners of law can benefit from using checklists even for tasks that are routine. Younger practitioners can be reassured that they are not missing important steps in investigating and preparing cases, or in trial or other proceedings. This presentation is designed to present the subject in order to 1) overcome the reluctance of experienced practitioners to use formal checklists on the grounds of need or the inability to be flexible; and 2) introduce the new Checklist Resources available on the PDS website. 

Preparing for Jury Selection 

Professor Charles DiSalvo, WVU College of Law

Professor DiSalvo will walk you through considerations and best practices for your jury selection process.

Drug Courts in Action: A Panel Discussion

Panelists: Judge William Thompson
                 Duke Jewell, Mingo County Prosecutor
                 Dave Foley, Chief Public Defender, 30th Circuit
                 Troy Adams, Chief Public Defender, 25th Circuit

Judge Thompson will moderate this panel discussion by prosecutors and public defenders which will help the practitioner identify which of their clients will make good candidates for the programs. It will also give practical processes by which lawyers can help optimize a participant's success within the program.

Nuts and Bolts of Suppression: How to Successfully Draft and Argue Suppression Motions

Moderator: Kirsha Trychta, WVU College of Law

Panelists: Honorable Michael J. Aloi, U.S. Magistrate Judge for the Northern District of West Virginia
                 Gabrielle Mucciola, Monongalia County Prosecutor
                 Matthew Brummond, Public Defender Services
                 Charles Miller, Kanawha County Prosecutor

This panel of experienced practitioners and Judge Aloi will discuss methods effectively draft and argue a successful suppression of evidence motion.

Post-Conviction Remedies: Tips, Tactics, and Common Mistakes

Melissa Giggenbach, Director, WV Innocence Project, WVU College of Law

Post-conviction remedies from appeals to habeas and coram nobis petitions can be confusing.  Each type of remedy has its own set of rules, statutory provisions and caselaw which can be difficult to navigate. The interplay between the different state remedies, federal habeas considerations, and different jurisdictional norms can lead to decisions that can inadvertently cause harm to a client’s case. Here, we’ll discuss some tips, tactics, and how to avoid some common mistakes. 

Immigration Basics for Criminal Defense Attorneys

Professor Alison Peck, Director of Immigration Clinic, WVU College of Law

Criminal defense lawyers must know how to evaluate immigration law consequences and opportunities any time they represent a foreign national (or sometimes the family member of a foreign national). This lecture provides an introduction to these complex issues, with special focus on criminal defense lawyers’ obligations under Padilla v. Kentucky to advise a client of the criminal consequences of a plea, and the process for representing unaccompanied minors in family court and before the immigration agencies. After this lecture, attorneys will be able to evaluate these immigration law issues in their practices and will know when to cooperate or consult with immigration counsel to protect and advise their clients.