Detroit / Wayne County

Criminal Advocacy Program

Continuing to Improve
The Criminal Justice System

Anatomy of a Case - Video Tour of Frank Murphy Hall of Justice
Presented by: Susan F. Reed   (also view Guide to the Practice of Criminal Law in Wayne County PDF Format)

Attorneys: View a history of your attendance at prior CAP seminars.

Please Read: Third Circuit Court of Michigan - Criminal Division Attorney Eligibility Criteria

The Detroit/Wayne County Criminal Advocacy Program (CAP) was established in 1983 for the purpose of developing, expanding, and maintaining high professional standards of representation in felony cases. This year's program plans to:

  • Improve the professional knowledge and skills of all persons who are involved in the administration of the criminal justice system;
  • Educate the bench, bar and public of the need for quality and integrity in prosecution and defense representation;
  • Promote ideas concerning alternatives to the present criminal justice system;
  • Guard against erosion of the rights established by constitutional, statutory, case and other law governing the administration of the criminal system; and
  • Publish, record, and distribute written, video-taped and audio-taped materials pertinent to the administration of the criminal justice system.

The individual sessions have been designed and developed under the joint auspices of judges, members of the private bar, police, prosecutors and defense attorneys. While the training is directed primarily to assigned and retained counsel, other professionals involved in the criminal justice system will also find the seminars a valuable continuing education resource.

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The content, design, development and coordination of this training seminar has been made possible through the donated time and in-kind contributions of criminal justice practitioners. Funding of the training is provided by the practicing indigent defense bar of Wayne County Circuit Court and the Michigan Commission on Law Enforcement Standards, through a grant administered by the State Appellate Defender Office.

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Schedule of 2015 CAP Seminars

CLE credits are now 1.5 hours per session.

Negotiating Plea Agreements in the Era of Advisory Sentencing Guidelines
Friday, August 28, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

95% of all criminal cases are resolved by a guilty plea. Michigan prosecutors used the state's mandatory legislative sentencing guidelines as a tool to obtain plea agreements favorable to the prosecution. Not anymore! On July 29, the Michigan Supreme Court decided People v Lockridge, ___ Mich ___ (2015), and rendered the guidelines advisory only. This will change your negotiation strategy. Come learn about Lockridge and how to negotiate plea agreements in this new era.

Moderators: CAP Board Members Judge Lawrence S. Talon and Attorney Matthew M. Evans
Speakers: Anne M. Yantus, State Appellate Defender Office
Thomas W. Cranmer, Miller Canfield Paddock & Stone, PLC
Wyatt G. Harris, Attorney at Law
Margaret S. Raben, Gurewitz & Raben PLC
Barry Goldman, Barry Goldman Arbitration & Mediation
Delphia J. Burton, Delphia J. Burton and Associates, PC


Handouts:
SADO Lockridge FAQ Sheet PDF Format
Cognitive Science and Effective Mediation and Settlement Advocacy MS Word Format
Ten Things You Should Know About Plea Negotiations PDF Format
Negotiating Plea Agreements in the Era of Advisory Sentence Guidelines MS Word Format

Michigan Indigent Defense Commission Update
Friday, September 11, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

The Michigan Indigent Defense Commission is required by statute to collect and compile data for the review of indigent defense services in Michigan; create minimum standards to ensure all systems providing indigent defense meet constitutional obligations for effective assistance of counsel; and work with counties to implement plans to meet the standards and measure the performance of counties in providing public defense services. As data collection begins and the first set of minimum standards have been proposed, Executive Director Jonathan Sacks will explain the Commission's goals and timetable and how the MIDC will impact indigent defense in Wayne County.

Moderator: Marla R. McCowan, Director of Training, Outreach and Support Michigan Indigent Defense Commission and CAP Board Member
Speaker: Jonathan Sacks, Executive Director, Michigan Indigent Defense Commission, Lansing, MI

Search & Seizure
Friday, September 18, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

Search and Seizure issues are among the most popular training topics requested by criminal defense attorneys, and this session will cover all of the basics from black letter law to the latest developments in the US Supreme Court, as well as tips for written motion practice and evidentiary hearings.

Moderator: Marla R. McCowan, Director of Training, Outreach and Support Michigan Indigent Defense Commission and CAP Board Member
Speaker: Joshua A. Blanchard, Attorney, Miel & Carr, PLLC, Greenville, MI

Probation Violations and Changes in HYTA
Friday, September 25, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

On the surface, Probation Violations seem very straight forward but they can be a malpractice suit waiting to happen. In this seminar we will cover the applicable court rules and appellate decisions that govern PVs. You will learn a step-by-step approach that will ensure that you are properly representing your client. We will also briefly cover the recent changes to HYTA and what it means to our clients.

Moderator: Marilena David-Martin, Administrator, Criminal Defense Resource Center of State Appellate Defender Office and CAP Board Member
Speaker: Matthew M. Evans, Attorney and CAP Board Member

Medical Marijuana Update
Friday, October 2, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

Michigan's laws on medical marijuana can be confusing and are constantly in flux. Attorney Michael Komorn, President of the Michigan Medical Marijuana Association will help guide you through the ever changing landscape of medical marijuana law in Michigan.

Moderator: Keith G. Clark, Assistant Wayne County Prosecutor and CAP Board Member
Speaker: Michael A. Komorn, Attorney and President of the Michigan Medical Marijuana Association

Walker Hearings: A to Z
Friday, October 9, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

Experienced practitioner Gabi Silver will provide insight and guidance for criminal defense attorneys handling cases where the voluntariness of a client's confession may be at issue. Ms. Silver will provide tips for filing a successful motion to suppress a confession and a motion for a Walker Hearing. People v Walker, 374 Mich 331 (1965). Learn when to determine if such a motion is appropriate by analyzing the various circumstances surrounding your client's statement (including, length and conditions of the detention; the physical and mental state of the defendant; the age, mentality, and prior criminal experience of the defendant; the nature of any inducement offered; the conduct of the police; and the adequacy and frequency of the advice of rights) and learn how to prepare for and conduct a Walker hearing.

Moderator: Marilena David-Martin, Administrator, Criminal Defense Resource Center of State Appellate Defender Office and CAP Board Member
Speaker: Gabi D. Silver, Attorney

Hearsay in a Nutshell
Friday, October 16, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

You do not want to miss this exciting lecture on the law of Hearsay; what it is and what it is not, laid out in clear concise language.

Mr. Baughman is an appellate practitioner that has appeared before the United States Supreme Court six times and before the Michigan Supreme Court over seventy times. He is the author of Michigan Criminal Law and Procedure Practice Deskbook a.k.a "The Baughman Book."

Moderator: Opolla Brown, Assistant Wayne County Prosecutor and CAP Board Member
Speaker: Tim Baughman, Assistant Wayne County Prosecutor

The Michigan State Police Crime Laboratory
Friday, October 23, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

Learn how the Michigan State Police Crime Lab works. There will be plenty of opportunity for questions. We encourage you to submit your questions in advance via email to lynn.wade@3rdcc.org. Your questions will be submitted to the Speaker, Captain Gregoire Michaud, Director of the Forensic Science Division of the Michigan State Police.

Moderator: Judge Lawrence S. Talon, Third Judicial Circuit of Michigan and CAP Board Chairman
Speaker: Captain Gregoire Michaud, Director of the Forensic Science Division of the Michigan State Police

Ethics for the Criminal Law Attorney
Friday, October 30, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

Practicing law in the criminal arena can be challenging. We are expected to be knowledgeable, skilled, and proficient. And we must be competent. And all the while, we must be ethical. At this session we will hear from attorneys from the Attorney Grievance Commission, and from a lawyer who defends attorneys when they are accused of violating the Rules of Professional Responsibility. They will share with us their thoughts on how to avoid ethical problems while we practice our profession.

Come join us, and bring your questions.

Moderator: Mark L. Brown, Attorney and CAP Board Member
Speakers: Alan M. Gershel, Grievance Administrator, Michigan Attorney Grievance Commission
Frances A. Rosinski, Senior Associate Counsel, Michigan Attorney Grievance Commission
Thomas M. Loeb, CAP Board Member and a Practicing Attorney concentrating in criminal defense, police misconduct, divorce and family law, and grievance defense.

Sentencing
Friday, November 6, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

Anne M. Yantus, Manager of SADO's Special Unit on Pleas & Sentencing, will provide a legal update and practical advice on substantive sentencing law and guidelines issues.

Moderator: Dawn Van Hoek, Director of the State of Appellate Defender Office
Speaker: Anne M. Yantus, Manager of State Appellate Defenders Office, Plea Unit

Michigan Law Update
Friday, November 20, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

Always informative! Cooley Law School Professor Ronald J. Bretz returns for his annual engagement to update what's new from the Michigan Supreme Court and the Michigan Court of Appeals.

Moderator: Samuel Churikian, Attorney and CAP Board Member
Speaker: Professor Ronald J. Bretz, Professor, Cooley Law School

U.S. Supreme Court Update
Friday, December 4, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

Patrick Corbett analyzes the recent decisions of the United States Supreme Court.

Moderator: Susan F. Reed, Attorney and CAP Board Member
Speaker: Patrick Corbett

Reserved for Makeup Session
Friday, December 11, 2015, 1:30 PM
C.A.Y.M.C. Auditorium

This date is reserved as an alternate date if one of the originally scheduled sessions is canceled.