KEITH A. FINDLEY University of Wisconsin Law School 975 Bascom Mall Madison, WI 53706 Office Phone: (608) 262-4763 Cell Phone: (608) 335-4544 [email protected]
FORMAL EDUCATION:
Yale Law School, J.D., 1985 Student Director, Cheshire Prison Project, 1983-84; C. LaRue Munson Prize, June 1984 Indiana University, B.A. with Distinction, Political Science, 1981 Phi Beta Kappa; IU Merit Scholarship; Elmer W. Hunsicker Scholarship; Dean’s List
POSITIONS HELD:
UNIVERSITY OF WISCONSIN LAW SCHOOL, Madison, WI, January 1997-present Professor, May 2020-present Associate Professor (with tenure), July 2016-present Assistant Professor, August 2012-June 2016 Senior Advisor, Wisconsin Innocence Project, March 2017-present Co-Founder (1998) and Co-Director, Wisconsin Innocence Project, September 1998-March 2017 Co-Director, Criminal Appeals Project, 1998-2004 Research Director, Frank J. Remington Center, 2008-2012 Clinical Professor, May 2005-August 2012 Clinical Associate Professor, June 1998-May 2005 Clinical Assistant Professor, January 1997-May 1998
WISCONSIN STATE PUBLIC DEFENDER’S OFFICE, Madison, WI July 1990-January 1997
Assistant State Public Defender, Trial Division, July 1996-January 1997 Assistant State Public Defender, Appellate Division, July 1990-July 1996
UNIVERSITY OF WISCONSIN LAW SCHOOL, LEGAL ASSISTANCE TO INSTITUTIONALIZED PERSONS PROGRAM, Madison, WI June 1985-June 1990
Deputy Director/Clinical Assistant Professor, January 1990-June 1990 Clinical Assistant Professor/Supervising Attorney, July 1988-December 1989 Clinical Instructor/Supervising Attorney, June 1985-December 1989
Law Clerk, ZELDES, NEEDLE & COOPER, P.C., Bridgeport, CT Summer 1984
Law Student Intern, JEROME N. FRANK LEGAL SERVICES ORGANIZATION, CHESHIRE PRISON PROJECT, YALE LAW SCHOOL, Summer 1983 KEITH A. FINDLEY Page 2
HONORS & AWARDS:
State Bar of Wisconsin Innovation Award, 2020 Romnes Faculty Fellowship, 2020 Order of the Coif, 2019 Cecil Findley Distinguished Service Award, The Crossing, University of Wisconsin- Madison, April 22, 2016 Vilas Faculty Early Career Investigator Award, University of Wisconsin-Madison, 2015 Equal Justice Medal, Legal Aid Society of Milwaukee, September 4, 2008 Hanson Memorial Advocates Prize, Wisconsin Association of Criminal Defense Lawyers, February 5, 2007 William Gorham Rice Civil Libertarian of the Year, American Civil Liberties Union of Wisconsin, March 27, 2004 Leaders in the Law Award, WISCONSIN LAW JOURNAL, March 23, 2004 2002 Charles Dunn Author Award, State Bar of Wisconsin, awarded May 7, 2003 Madison Civics Club Award for Outstanding Work Promoting Justice, Jan. 25, 2003 Lawyer of the Year, Milwaukee County Bar Association, June 2001
PUBLICATIONS:
Law Review Articles & Book Chapters
The Absence or Misuse of Statistics in Forensic Science as a Contributor to Wrongful Convictions: From Pattern Matching to Medical Opinions About Child Abuse, 125 DICKINSON L. REV. 615 (Penn State) (2021)
Clinics at Wisconsin: Comprehensive, In-Depth Pedagogy and Bottom-Up Innovation, 2021 WISCONSIN LAW REVIEW 409 (2021) (with Louise G. Trubek)
Feigned Consensus: Usurping the Law in Shaken Baby Syndrome/Abusive Head Trauma Prosecutions (with D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, and Thomas L. Bohan) 2019 WISCONSIN LAW REVIEW 1211 (2019)
Reducing Error in the Criminal Justice System, 48 SETON HALL LAW REVIEW 1265 (2018)
The Science and Law Underlying Post-Conviction Challenges to Shaken Baby Syndrome Convictions: A Response to Professor Imwinkelried, 48 SETON HALL LAW REVIEW 1209 (2018) (with Professor D. Michael Risinger)
Flawed Science and the New Wave of Innocents, in WRONGFUL CONVICTIONS AND THE DNA REVOLUTION: TWENTY-FIVE YEARS OF FREEING THE INNOCENT (Daniel S. Medwed, ed., Cambridge University Press, 2017)
KEITH A. FINDLEY Page 3
The Federal Role in the Innocence Movement in America, 33 JOURNAL OF CONTEMPORARY CRIMINAL JUSTICE 61 (2017)
Contemporary Perspectives on Wrongful Conviction: An Introduction to the 2016 Innocence Network Conference, San Antonio, Texas (with Gwen Jordan, Aliza B. Kaplan, & Valena Beety), 45 HOFSTRA L. REV. 365 (2016)
Implementing the Lessons from Wrongful Convictions: An Empirical Analysis of Eyewitness Identification Reform Strategies, 81 MISSOURI LAW REVIEW 377 (2016)
Assessing Experiential Legal Education: A Response to Professor Yackee, 2015 WISCONSIN LAW REVIEW 627 (2015)
Innocence Found: The New Revolution in American Criminal Justice, in CONTROVERSIES IN INNOCENCE CASES IN AMERICA (Sarah Lucy Cooper, ed., Ashgate Publishing Ltd., 2014)
Expert Testimony on Interrogation and False Confession (with Brian Cutler and Danielle Loney), 82 UNIVERSITY OF MISSOURI-KANSAS CITY LAW REVIEW, 589 (2014)
Interrogations and False Confessions: A Psychological Perspective (with Brian L. Cutler & Timothy E. Moore), 18 CANADIAN CRIMINAL LAW REVIEW 153 (2014)
Psychological Perspectives: Cognition and Decision Making, in EXAMINING WRONGFUL CONVICTIONS: STEPPING BACK, MOVING FORWARD (with Barbara O’Brien) (Bruce R. Acker & Allison D. Redlich, eds., Carolina Academic Press, 2014)
Judicial Gatekeeping of Suspect Evidence: Due Process and Evidentiary Rules in the Age of Innocence, 47 GEORGIA LAW REVIEW 723 (2013)
The Innocence Movement, the Innocence Network, and Policy Reform, in MAKING JUSTICE: THE INNOCENCE CHALLENGE TO CRIMINAL JUSTICE POLICY AND PRACTICE (with Lawrence Golden) (Marvin Zalman & Julia Carrano, eds., Taylor & Francis/Routledge Press, 2013)
Shaken Baby Syndrome, Abusive Head Trauma, and Actual Innocence: Getting It Right (with Patrick David Barnes, David Moran, and Waney Squier), 12 HOUSTON JOURNAL OF HEALTH LAW & POLICY 209 (2012)
Examining Shaken Baby Syndrome Convictions in Light of New Medical Scientific Research, 37 OKLAHOMA CITY UNIVERSITY LAW REVIEW 2019 (2012)
Adversarial Inquisitions: Rethinking the Search for the Truth, 56 NEW YORK LAW SCHOOL REVIEW 911 (2011/2012)
Tunnel Vision, in CONVICTION OF THE INNOCENT: LESSONS FROM PSYCHOLOGICAL KEITH A. FINDLEY Page 4
RESEARCH (B. Cutler, Ed., APA Press, 2012)
Defining Innocence, 74 ALBANY LAW REVIEW 1157 (2010-2011)
An Investigation of Top-down Vs. Bottom-up Processing in Post-Appellate Review of a Criminal Case (with Andrew Smith and Brian Cutler), 74 ALBANY LAW REVIEW 1365 (2010-2011)
New Perspectives on Brady and Other Disclosure Obligations: Reports of the Working Groups on Best Practices: The Disclosure Process, 31 CARDOZO LAW REVIEW 1961, 1972 (2010)
Reforming Eyewitness Identification Procedures to Enhance Reliability and Protect the Innocent, in INSIDE THE MINDS: BEST PRACTICES FOR EYEWITNESS IDENTIFICATION (Aspatore Books, 2010)
Innocence Protection in the Appellate Process, 93 MARQUETTE LAW REVIEW 591 (2009)
Toward a New Paradigm of Criminal Justice: How the Innocence Movement Merges Crime Control and Due Process, 41 TEXAS TECH LAW REVIEW 133 (2008)
Innocents at Risk: Adversary Imbalance, Forensic Science, and the Search for Truth, 38 SETON HALL LAW REVIEW 893 (2008)
The Multiple Dimensions of Tunnel Vision in Criminal Cases, 2006 WISCONSIN LAW REVIEW 291 (with Michael Scott)
The Pedagogy of Innocence: Reflections on the Role of Innocence Projects in Clinical Legal Education, 13 CLINICAL LAW REVIEW 231 (2006)
Rediscovering the Lawyer School: Curriculum Reform in Wisconsin, 24 WISCONSIN INTERNATIONAL LAW JOURNAL 295 (2006)
Learning from Our Mistakes: A Criminal Justice Commission to Study Wrongful Convictions, 38 CALIFORNIA WESTERN LAW REVIEW 333 (2002)
Access, Accuracy & Fairness: The Federal Presentence Report under Julian and the Sentencing Guidelines, 1989 WISCONSIN LAW REVIEW 837 (with Meredith Ross)
Other Legal and Professional Publications
Final Report and Model Policy of the [Madison, WI] Police Body-Worn Camera Feasibility Review Committee (with Tom Brown, Veronica Figueroa, Kim Jorgensen, Charles Myadze, and Luke Schieve) (2021)
KEITH A. FINDLEY Page 5
Final Report of the Madison Police Department Policy and Procedure Review Ad Hoc Coommittee (with Tom Brown, Matthew Braunginn, Veronica Figueroa, Gregory Gelembiuk, Jacqueline Hunt, Kim Jorgensen, Linda Ketchum, Sue Petkovsek, Sean Saiz, Mario Garcia Sierra, & Luis Yudice) (2019)
Reforming the “Science” in Forensic Science, 88 WISCONSIN LAWYER 32 (November 2015)
Shaken Baby Syndrome/Abusive Head Trauma: A Complicated Child Welfare Issue, 37 THE GUARDIAN 1 (Journal of the National Association of Counsel for Children) (June 2015) (with Diana Rugh Johnson, Katherine H. Judson, Melissa L. Staas, Diane L. Redleaf, and Charles J. Hyman)
Book Review: Shaken Baby Syndrome on Trial, 29 CRIM. JUSTICE 45 (Summer 2014) (with Barry Scheck) (reviewing DEBORAH TUERKHEIMER, FLAWED CONVICTIONS: “SHAKEN BABY SYNDROME” AND THE INERTIA OF INJUSTICE (Oxford University Press 2014)
Letter to the Editor: Admissibility of shaken baby syndrome/abusive head trauma evidence, 43 PEDIATRIC RADIOLOGY 890 (July 2013) (with A. Norman Guthkelch, Patrick D. Barnes, David A. Moran, and Waney Squier)
DNA Exonerations, in ENCYCLOPEDIA OF FORENSIC SCIENCES 2nd Edition (Jay A. Siegel and Pekka Saukko, eds., 2013)
The Innocence Project, in ENCYCLOPEDIA OF FORENSIC SCIENCES 2nd Edition (Jay A. Siegel and Pekka Saukko, eds., 2013)
Book Review: Understanding Failed Evidence, 28 CRIMINAL JUSTICE 66 (Spring 2013) (reviewing DAVID A. HARRIS, FAILED EVIDENCE: WHY LAW ENFORCEMENT RESISTS SCIENCE (NYU Press 2012)
Exonerees’ Hardships After Freedom, 83 WISCONSIN LAWYER 18 (Feb. 2010)
Wrongful Conviction, in ENCYCLOPEDIA OF PSYCHOLOGY AND LAW (B. Cutler, ed., 2009)
National Eyewitness Identification Network, 15 WISCONSIN DEFENDER 16 (Winter/Spring 2007)
Wisconsin Takes the Lead in Improving the Criminal Justice System, Criminal Law News, State Bar of Wisconsin (July 2005), available at http://www.wisbar.org/AM/Template.cfm?Section=Criminal_Law_Section&Templat e=/MembersOnly.cfm&ContentID=46452
Re-Imagining Justice, 12 WISCONSIN DEFENDER 11 (Winter 2004) KEITH A. FINDLEY Page 6
New Laws Reflect the Power and Potential of DNA, 75 WISCONSIN LAWYER 20 (May 2002)
Lessons from the Innocent, WISCONSIN ACADEMY REVIEW, Vol. 44, No. 4, at 33 (Fall 2001) (with John Pray)
Jail Credit for Time Spent Outside the Walls, WISCONSIN DEFENDER, Vol. 9 Issue 3, at 4 (September 2001)
Editor: WISCONSIN DEFENDER, the Wisconsin Public Defender’s Journal of Research and Education, May 1993-January 1996
Case Digest (a regular review of all Wisconsin appellate court decisions in criminal cases) as well as a variety of other news and commentary items in each issue of WISCONSIN DEFENDER between May 1993 and August 1995
The Mentally Incompetent Defendant on Appeal: Dilemmas for Defense Counsel and Courts, WISCONSIN DEFENDER, Vol. 1, No. 4, November/December 1993, p. 4
Op Eds
We need to fix forensics. But how?, WASHINGTON POST (2019), https://www.washingtonpost.com/opinions/2019/06/20/we-need-fix-forensics-how/, multi-part Op Ed series by Radley Balko, with written commentary by 14 scholars, including me
The presumption of innocence exists in theory, not reality, WASHINGTON POST ONLINE— IN THEORY, January 19, 2016, https://www.washingtonpost.com/news/in- theory/wp/2016/01/19/the-presumption-of-innocence-exists-in-theory-not-reality/
The Lessons from “Making a Murderer,” WASHINGTON POST, Sunday Opinion, p. A27, January 16, 2016, available at https://www.washingtonpost.com/opinions/the-lessons- from-making-a-murderer/2016/01/15/93d9698c-baf0-11e5-829c- 26ffb874a18d_story.html
They didn’t do the crime, but they did the time. How to better prevent wrongful convictions, MILWAUKEE JOURNAL SENTINEL, August 7, 2010
No silver bullets in forensic evidence, MILWAUKEE JOURNAL SENTINEL, September 2, 2010
Taping would help prevent wrongful convictions, MILWAUKEE JOURNAL SENTINEL, Sunday, February 13, 2005, p. J-1
KEITH A. FINDLEY Page 7
RESEARCH AND PUBLICATIONS IN PROGRESS
The Diagnostic Significance of Confessions in Shaken Baby Syndrome and Abusive Head Trauma Cases, multi-disciplinary empirical research project in progress
Plea Bargaining in the Shadow of a Retrial: Bargaining Away Innocence, empirical research project, in progress
GRANTS AND RESEARCH SUPPORT
2020—Romnes Faculty Fellowship ($60,000 research award)
2020—$10,000 summer research funding, University of Wisconsin Law School
2019—$15,000 summer research funding, University of Wisconsin Law School
2018—$15,000 summer research funding, University of Wisconsin Law School
2017—$15,000 summer research funding, University of Wisconsin Law School
2016—$10,000, Seed Grant Award, University of Wisconsin Law School (research award)
2016—$7,500 summer research funding, University of Wisconsin Law School
September 2015—$633,000 from U.S. Department of Justice, National Institute of Justice, Postconviction DNA Testing Assistance Program (service grant)
2015—$50,000, Vilas Faculty Early Career Investigator Award, University of Wisconsin-Madison (research award)
2015—$7,000, summer research funding, University of Wisconsin Law School (research award)
December 2014—$41,224, Graduate School Fall Research Competition, University of Wisconsin-Madison (research award)
December 2014—$100,000 from the Lakeshore Foundation to fund the National Shaken Baby Syndrome/Abusive Head Trauma Litigation Fellow Program (service grant)
September 2014—$240,245.50 from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Wrongful Conviction Review Program (service grant)
2014—$7,000, summer research funding, University of Wisconsin Law School (research award) KEITH A. FINDLEY Page 8
January 2014—$511,438 from U.S. Department of Justice, National Institute of Justice, Postconviction DNA Testing Assistance Program (service grant)
December 2013—$42,743, Graduate School Fall Research Competition, University of Wisconsin-Madison (research award)
December 2012—$44,349, Graduate School Fall Research Competition, University of Wisconsin-Madison (research award)
September 2011—$778,329 from U.S. Department of Justice, National Institute of Justice, Postconviction DNA Testing Assistance Program (service grant)
August 2011—$249,901 from U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Wrongful Conviction Review Program (service grant)
September 2009—$647,000 from U.S. Department of Justice, National Institute of Justice, Postconviction DNA Testing Assistance Program (service grant)
SERVICE:
University and Law School Committees:
University of Wisconsin Athletic Board, 2021-present Chancellor’s Labor Code License Advisory Council, August 2017-present University Student Panels Committee (student discipline), September 2017-present Law School Academic Planning Council, September 2016-2019 and April 2002-March 2007 University Neuroscience and Public Policy Program Steering Committee, 2015- present Law School Career Placement and Development Committee, chair, 2021-present Law School Tenure, Promotions, & Reviews Committee, 2016-2019 & 2020-present Law School Excellence in Alternative Delivery Working Group, 2020 Law School Student Evaluations of Teaching Committee, 2019-2021 Law School Research Promotion and Visibility Committee, 2019-2020 Law School Hastie Fellowships Committee, 2018-2019 Law School Working Group on Required Curriculum, 2017-2018 Faculty Advisor, Wisconsin Law Review, 2015-2021 Law School Curriculum Committee, 2016-2017 Law School Experiential Learning Committee (co-chair), 2015-2016 Law School Academic Enhancement Program, 2015-2016 Law School Ad Hoc Committee on Technology Strategy (Chair), Fall 2014 University Faculty Senate, 2012-2014 University Ad Hoc Faculty Committee on Civility in the Academic Workplace, 2013- 14 Law School Strategic Priorities Committee, Spring 2014 Law School Legal Educational Opportunity (LEO) Committee, 2012-2014 Law School Experiential Learning Committee, 2013 KEITH A. FINDLEY Page 9
Law School Curriculum Committee (Chair), 2012-2013 Law School Clinical Self-Study Committee, 2011-2012 Law School Faculty Appointments, Subcommittee on Clinical Faculty Appointments, 2009-2012 Law School Tenure & Promotions, Subcommittee on Clinical Faculty Review & Promotions, 2009-2012 Law School Research Committee, 2007-2011 Law School Curriculum Committee, Chairperson, 2006-2007
Board Memberships and Government Commissions:
Co-Founder and President, Center for Integrity in Forensic Sciences, Madison, WI, 2017-present Civilian Oversight Board, Madison Police Department, Oct. 2020-present Commissioner, Board of Police & Fire Commissioners, Madison, WI, Sept. 2017-July 2019 Co-Chair, City of Madison Police Department Ad Hoc Review Committee, November 2015-present (co-chair since January 2018) City of Madison Police Body-Worn Camera Feasibility Review Committee, May 2020- present Medicolegal Death Investigation Consensus Body of the American Academy of Forensic Sciences Standards Board, 2016-present Editorial Board, Wrongful Conviction Law Review, July 2019-present Friends of the Remington Center Board, March 2017-present President, Innocence Network (affiliation approximately 70 innocence advocacy organizations around the world), 2009-2014 Executive Board, Innocence Network, 2005-2020 Chair, Committee on Amici and Policies, 2005-2009 Steering Committee, Innocence Network, 2003-2005 Board of Editors, Clinical Law Review, June 2011-2018 Board of Directors, Criminal Law Section, State Bar of Wisconsin, 2001-2019 Wisconsin Joint Legislative Council, Special Committee on Records Access of Circuit Court Documents, 2010-2011 Wisconsin Criminal Justice Study Commission, August 2005-June 2009 Wisconsin Assembly Judiciary Committee Avery Task Force, Dec. 2003-2005 Editorial Advisory Board, WISCONSIN DEFENDER (Wisconsin Public Defender’s Journal of Research and Education), 1996-2012
Bar Admissions:
United States Supreme Court – 1993 Wisconsin Supreme Court – 1985 U.S. Court of Appeals for the Seventh Circuit – 1988 U.S. District Court, Western District of Wisconsin – 1986 U.S. District Court, Eastern District of Wisconsin – 1986 KEITH A. FINDLEY Page 10
Ad Hoc Peer Reviewer and Referee
Grant Proposal Peer Reviews:
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 21 Upholding the Rule of Law and Preventing Wrongful Convictions Site Based and Training and Technical Assistance Program (2021) Croatian Science Foundation (2019) U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 2019 Upholding the Rule of Law and Preventing Wrongful Convictions Program (2019) U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 18 Wrongful Conviction Review Program (2018) Austrian Science Fund (2017) U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, FY 15 Wrongful Conviction Review Program (2015) Social Sciences and Humanities Research Council of Canada (2014) Educational Foundation of America (2012) Israel Science Foundation (2011)
Journals and Publishers, Peer Reviews:
The New Criminal Law Review (2021) Criminology, Criminal Justice, Law & Society (2021) Psychiatry, Psychology & Law (2020) Wrongful Conviction Law Review (2020) International Journal of Evidence and Proof (2020) PLOS ONE (2019-2020) Rowman & Littlefield (2019) Wisconsin Law Review (2019) The New Criminal Law Review (2019) Journal of Forensic Psychology: Research and Practice (2019) Cambridge University Press (2015, 2018) Harvard Law Review (2016) Journal of Forensic Psychology Practice (2016) NYU Press (2015, 2011) Applied Cognitive Psychology (2015) The Champion (2015) Yale Law Journal (2014) Law & Human Behavior (2014) Law & Social Inquiry (2014) Psychology, Crime, & Law (2014, 2010) University of Wisconsin Press (2013) Journal of Criminal Law & Criminology (2012) Oxford University Press (2011) Sociological Perspectives (2007) KEITH A. FINDLEY Page 11
Faculty Hiring, Promotions & Tenure, Peer Reviews:
California Western School of Law (2020) Stanford Law School (2015) University of Arkansas School of Law (2015) Northwestern University School of Law (2014) California Western School of Law (2013)
Law School & University Courses Taught:
Law & Forensic Science, Fall 2019-present Wrongful Convictions, Fall 1998-2018 Evidence, Fall 2012-present Criminal Procedure, Spring 1989, Spring 2013-present, Special Seminar on Foreign Law—Comparative Wrongful Conviction of the Innocent, Doshisha University School of Law, Kyoto, Japan, February 2011 Advanced Criminal Procedure: Representing the Criminal Appellant, 1997-04, 2006- 07 Appellate Advocacy II, 1997-2005, 2007 Selected Problems in Criminal Justice Administration: Claims of Innocence, 1998- 2009 Selected Problems in Criminal Justice Administration: Wrongful Convictions, Causes and Remedies, 2001 Legal Assistance to Institutionalized Persons Project, 1985-1990, 1997-2001 Sociology 406: Selected Topics in Sociology, The Law in Action (segment on Current Issues in Criminal Law: DNA Evidence) Spring 1999, Spring 2000 Legal Studies 444: The Law in Action (segment on Wrongful Convictions), 2003-2006 Law and Correctional and Mental Health Institutions, 1985-1989, 2003-2009
Selected Professional Presentations:
Cognitive Bias in Forensic Analyses and Criminal Investigations, Wisconsin State Crime Laboratories Training, Madison, WI (webinar), June 9, 2021
Panelist, Author Meets Readers: SMOKE BUT NO FIRE: CONVICTING THE INNOCENT OF CRIMES THAT NEVER HAPPENED, By Jessica Henry, Law & Society Annual Meeting, Chicago, IL (virtual) May 27, 2021
Panelist, Forensic Analysis in the Courtroom: Reliability & Role: How Most Forensic Analysis Differs from Science, State Bar of Wisconsin Annual Meeting, recorded April 26, 2021, broadcast June 11, 2021
Panelist, Making Sense of the Derek Chauvin Verdict, Center for the Humanities, University of Wisconsin-Madison, April 21, 2021
KEITH A. FINDLEY Page 12
The Absence or Misuse of Statistics in Forensic Science as a Contributor to Wrongful Convictions, Penn State Dickinson School of Law Symposium on “Wrongful Convictions: Pursuing Justice for Juveniles and Correcting a Flawed System,” April 9, 2021
Defending a Shaken Baby Syndrome/Abusive Head Trauma Case, Mississippi Public Defenders, March 17, 2021
Problems with Medical Diagnosis of Crime, Austin Criminal Defense Attorneys Association, Austin, TX, January 29, 2021
Reimagining Public Safety—A Virtual Public Issues Forum, League of Women Voters, Madison, WI, December 10, 2020
Panelist, A Plan for Reducing Mass Incarceration in Wisconsin, Toward One Wisconsin Inclusivity Conference, online, November 13, 2020
Panelist, New Directions in Eyewitness Evidence, Duke Law School online symposium, November 12, 2020
Wisconsin Law Review Symposium: Wisconsin’s Intellectual History and Traditions; Panel on Clinical Legal Education at Wisconsin: Pioneering Teaching and Advocacy for Social Justice for Wisconsin and Beyond, Madison, WI (online) October 23, 2020
Panelist, UW Law Community Forum on Policing, Race, and Law, Madison, WI (online) Oct. 20, 2020
Faculty: Clinical Legal Writers Workshop, NYU School of Law, NY, Sept. 2, 2020
Cognitive Bias in the Criminal Justice System, Wisconsin Association for Identification, Sheboygan, WI, March 6, 2020
Lessons from the Innocence Cases: Litigating Tunnel Vision, Webinar presentation at Temple University Beasley School of Law, Philadelphia, PA, January 16, 2020
The Last Ten Years of the Innocence Movement (panelist with Michigan Supreme Court Chief Justice Bridget McCormack, Professor Sam Gross, Professor Eve Primus, Professor David Moran, and Attorney Valerie Newman), University of Michigan Law School symposium, Conversations About the Innocence Movement, Ann Arbor, MI, November 15, 2019
Cognitive Bias in Death Investigations, Milwaukee County Medical Examiner’s Annual Forensic Science Seminar, Milwaukee, WI, November 13, 2019
KEITH A. FINDLEY Page 13
Cognitive Bias in the Criminal Justice System, Wisconsin State Crime Laboratories Symposium, Instruments of Justice: Working in concert for the people of Wisconsin, Wisconsin Dells, WI, October 29, 2019
Flawed Forensics and Procedural Justice, Korean National Police University, Seoul, South Korea, October 25, 2019
Wrongful Convictions, Korean National Police University, Asan, South Korea, October 23, 2019
Defending the Shaken Baby Syndrome Case, Texas Criminal Defense Lawyers Association’s 17th Annual Forensics Conference, Austin, TX, October 11, 2019
Problems with Medical Diagnosis of Crime (with Kate Judson and David Thompson), Center for Integrity in Forensic Sciences Symposium, Putting the Science in Forensic Science, Northwestern University School of Law, Chicago, IL, June 21, 2019
Trial Techniques for Defending Medically Complex Child Abuse Cases (with Kate Judson), Cardozo Law School National Forensic Science College, New York, NY, Jun 6, 2019
Persuasive Writing for the Litigator, Missouri Public Defender Defender Spring Training, Kansas City, MO, April 25, 2019
Shaken Baby Syndrome, Missouri Public Defender Defender Spring Training, Kansas City, MO, April 25, 2019
Panelist & Moderator, Reforming and Challenging Flawed Forensics in an Unfriendly Political Environment, Innocence Network Annual Conference, Atlanta, Georgia, April 12, 2019
Shaken Baby Syndrome and Abusive Head Trauma, National Association of Criminal Defense Lawyers and Bureau of Justice Assistance Training Seminar, Litigating Post- Conviction Innocence Claims, Atlanta, Georgia, April 11, 2019
Ten Years After “A Path Forward”: Strengthening the Connection Between Forensics, Statistics, and Law: Panel on “Rethinking Litigation,” Duke Law School, Durham, NC, March 6, 2019
At the Intersection of Law & Medicine: Medical Diagnosis of Crime in Child Abuse Cases, University of Wisconsin Law School, Madison, WI, December 6, 2018
Trial Techniques for Defending Medically Complex Child Abuse Cases (with Kate Judson), Wisconsin State Public Defender’s Annual Criminal Defense Conference, Milwaukee, WI, November 2, 2018
KEITH A. FINDLEY Page 14
Panelist, Perspectives on Local Science Issues, Catalysts for Science Policy (CaSP) conference, Science Policy 101: Tackling Communication Barriers Between Science and Government, University of Wisconsin-Madison, October 29, 2018
Evidence Law: The Major Hearsay Exceptions, Wisconsin Department of Workforce Development, Unemployment Insurance Division, Bureau of Legal Affairs, 2018 Legal Conference, Lake Delton, WI, October 26, 2018
What Are Your Rights, and Where Do They Come From? Soundwaves: Music & Science Together, Wisconsin Institute for Discovery, University of Wisconsin- Madison, April 13, 2018
The Past, Present, and Future of SBS Prosecutions in the United States, International Symposium: Shaken Science, Reviewing SBS/AHT, Ryukoku University, Kyoto, Japan, February 10, 2018, and Japan Federation of Bar Associations, Tokyo, Japan, February 8, 2018
Panelist: False Confessions, Cognitive Science, and DNA, Cardozo Law School Celebration of the 25th Anniversary of the Innocence Project, New York, NY, November 17, 2017
Panelist: Innocence Projects and the Revision of American Values, at Life Sentences, A Conference on Incarceration and the Humanities, Johns Hopkins University, Baltimore, MD, Nov. 10, 2017
Wrongful Convictions, 6th Annual Esther Heffernan Distinguished Lecture, Edgewood College, Madison, WI, November 7, 2017
Reducing Error in the Criminal Justice System, Symposium on “Experts, Inference, and Innocence,” Seton Hall University College of Law, Newark, NJ, October 28, 2107
Sociological/Psychological Factors and Wrongful Convictions: “Tunnel Vision,” Politics and Media, European Innocence Network Conference: “Rethinking Wrongful Conviction: A Comparative Overview,” University of Rome III, October 16, 2017
Panelist: Improving Forensic Science Policy, Catalysts for Science Policy, Wisconsin Institute for Discovery, University of Wisconsin-Madison, October 4, 2017
Panelist: Considerations for Implementation: Related Disciplines, Research, and Outside Expertise, National Institute of Justice’s Sentinel Events Initiative All- Stakeholder Symposium, Office of Justice Programs, Washington, DC, June 20, 2017
Sponsor: Best Practices for Review and Prevention of Deadly Incidents in High- Hazard Professions: Lessons for Police, Johnson Foundation at Wingspread, Racine, WI, May 9-11, 2017 KEITH A. FINDLEY Page 15
Let’s Talk About Probabilistic Genotyping, Innocence Network Annual Conference (with co-panelists Dr. Greg Hampikian, Anna Tolin, Frances Watson, & Seth Miller), San Diego, CA, March 25, 2017
Defending Abusive Head Trauma Cases, Wisconsin State Public Defender, Madison, WI, March 10, 2017
The Diagnostic Significance of Confessions in Shaken Baby Syndrome/Abusive Head Trauma Cases, Midwest Law & Society Retreat, Institute for Legal Studies, University of Wisconsin Law School, Nov. 19, 2016
Cognitive Bias in Shaken Baby Syndrome/Abusive Head Trauma Cases, Fifteenth International Conference on Shaken Baby Syndrome/Abusive Head Trauma, National Center on Shaken Baby Syndrome, Montreal, Quebec, Canada, Sept. 26, 2016
Wrongful Conviction of the Innocent and the Bill of Rights, University of Wisconsin- Oshkosh Democracy Project, Constitution Day, Oshkosh, WI, Sept. 15, 2016
ForwardFest: The System, The Failures, and The Consequences for the Country, with Dean Strang, Jerry Buting, Hon. Everett Mitchell, and Carrie Sperling, Madison, WI, Aug. 19, 2016
Update on Wisconsin Criminal Law and Procedure, with Susan V. Happ, Jefferson County District Attorney; Roy R. Korte, Wisconsin Department of Justice; Hon. Phillip A. Koss, Walworth County Circuit Court; & Rebecca M. Coffee, Mastantuono & Coffee SC, State Bar of Wisconsin Annual Meeting & Conference, Green Bay, WI, June 17, 2016
Finding Common Ground, Assessing Good Practice in SBS/AHT Cases, with Leigh Bishop, Chief of Child Fatality Unit at the Queens County, NY, District Attorney’s Office, presented at the Innocence Network Annual Conference, San Antonio, TX, April 8, 2016
Panelist: Litigating Change in Science: Shaken Baby Syndrome and Arson, at the West Virginia Law Review Symposium on Forensic Fraud and Innocence, Morgantown, WV, Feb. 4, 2016
Forensic Science: Fact or Fallacy? State Bar of Wisconsin Webinar, Statewide, recorded Jan. 26, 2016
Panelist: Criminal Justice Reform and the Changing Innocence Movement, Duke Law School conference on The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America, Durham, NC, Nov. 21, 2015
Cognitive Bias in Forensic Science, Wisconsin State Public Defender’s Annual Conference, Milwaukee, WI, Nov. 12, 2015 KEITH A. FINDLEY Page 16
Documentary Film Commentary: “Scenes of a Crime,” Wisconsin State Public Defender’s Annual Conference, Milwaukee, WI, Nov. 12, 2015
The Lie Detector, Soundwaves (“Music & Science Together”), Mills Hall, School of Music, University of Wisconsin-Madison, Oct. 24, 2015
Faculty: Clinical Law Review Writer’s Workshop, NYU Law School, NY City, Sept. 26, 2015
Flawed Science and the New Wave of Innocents, Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent, Northeastern University School of Law, Boston, MA, Sept. 24, 2015
Enhancing Post-Conviction Litigation Accuracy: The Innocence Perspective (with Adele Bernhard), 2015 New York City Abusive Head Trauma Conference, co- sponsored by the Office of the Queens County District Association and the New York City Office of the Chief Medical Examiner, New York, NY, Sept. 18, 2015
Defending an SBS/AHT Case, Texas Criminal Defense Lawyers Association, Dallas, TX, Sept. 10, 2015
The Student Learning Experience: An International Perspective from Educator and Student, Irish Innocence Project International Conference, Dublin, Ireland, June 26, 2015
Overview of Issues in SBS/AHT Cases (with Kate Judson), NACDL & Cardozo Law School’s National Forensic College, Cardozo Law School, New York, NY, June 8, 2015
Author Meets Readers: Deborah Tuerkheimer’s “Flawed Convictions: ‘Shaken Baby Syndrome’ and the Inertia of Injustice,” 2015 Annual Meeting of the Law and Society Association, Seattle, WA, May 29, 2015
Implementing the Lessons from Wrongful Convictions: An Experimentalist Approach to Eyewitness Identification Reform, Association of American Law Schools Annual Clinical Education Conference, Rancho Mirage, CA, May 6, 2015
How to Start an Innocence Organization, Innocence Network Annual Conference, Orlando, FL, May 1, 2015
Shaken Baby Syndrome, National Association of Criminal Defense Lawyers 8th Annual Forensic Science & the Law Conference, Making Sense of Science VIII, Las Vegas, Nevada, April 22, 2015, and the Innocence Network Annual Conference, Orlando, FL, May 1, 2015
The Wisconsin Innocence Project: Exonerating the Wrongly Convicted, Wisconsin Association of Women Police Annual Conference, Racine, WI, March 10, 2015 KEITH A. FINDLEY Page 17
Tunnel Vision in Criminal Cases, Establishing Innocence or Guilt: Causes of and Solutions to Wrongful Convictions, Center on American and International Law, Plano, TX, February 19, 2015
A Critical Look at Cognitive Bias Issues in Expert Testimony About Non-Accidental Head Injury, American Academy of Forensic Sciences Annual Meeting, Workshop on Cognitive Bias Issues in the Forensic Analysis of Pattern and Impression Evidence and in Medicolegal Evaluations, Orlando, FL, February 17, 2015
Implementing the Lessons from Wrongful Convictions: An Experimentalist Approach to Eyewitness Identification Reform, Indiana University, Bloomington, IN, January 23, 2015
Litigating Abusive Head Trauma Cases (with Kate Judson), Wisconsin State Public Defender 2014 Annual Criminal Defense Conference, Milwaukee, WI, November 20, 2014
Panel: Why We Need Conviction Integrity Review, Conviction Integrity Conference, Northwestern University School of Law and the Illinois Association of Prosecuting Attorneys, Chicago, IL, October 29, 2014
Pathways to Eyewitness Identification Reform, Big Ten Junior Faculty Workshop, Indiana University School of Law, Bloomington, IN, August 14, 2014 & Midwest Law & Society Retreat, University of Wisconsin Law School, Madison, WI October 25, 2014
Wrongful Convictions and the Rise of the Innocence Movement, Bjørnstjerne Bjørnson Academy: “‘Never More To Be Set Free’… A Seminar on Wrongful Conviction,” House of Literature, Oslo, Norway, August 25, 2014
Shaken Baby Cases: Syndrome or Pseudoscience? Texas Criminal Defense Lawyers Association, Freeing the Innocent in Texas: The Cutting Edge of Theory and Practice, Austin, TX August 8, 2014
Eyewitness Identification, State Bar of Wisconsin, A Day with the Experts, Madison, WI, June 13, 2014
Criminal Evidence Workshop for Judges, Wisconsin Supreme Court Office of Judicial Education, Brown Deer, WI, June 4-6, 2014
Shaken Baby Syndrome: A Model for Cross-Fertilization (panelist), Association of American Law Schools 37th Annual Conference on Clinical Legal Education, Chicago, IL April 29, 2014
Pathways to Eyewitness Identification Reform, Innocence Network Annual Conference, Portland, OR, April 12, 2014 KEITH A. FINDLEY Page 18
Building a National Movement for Exoneree Compensation, Innocence Network Annual Conference, Portland, OR, April 11, 2014
Litigating Daubert in Shaken Baby Syndrome Cases (with Kate Judson), National Association of Criminal Defense Lawyers and Innocence Network, with grant sponsorship from the US DOJ Bureau of Justice Assistance, 5th Annual Post- Conviction Conference, “When the ‘Truth’ is Found to Be Lies: Litigating Faulty Forensics and False Confessions,” Portland, OR, April 10, 2014
Daubert Issues in SBS Cases (with Kate Judson), Florida Association of Criminal Defense Lawyers and the Florida Innocence Project, Orlando, FL, January 31, 2014
Guilt in the Age of Innocence, Mellon Interdisciplinary Workshop Series, University of Wisconsin Law School, Madison, WI, December 6, 2013
Misdiagnosis: Shaken Baby Syndrome, Association in Defence of the Wrongly Convicted, Toronto, Canada, November 23, 2013
The Supreme Court’s Criminal Law Decisions: The Year in Review, Wisconsin State Public Defender’s Annual Criminal Defense Conference, Milwaukee, WI, November 8, 2013
DNA Collection Upon Arrest after Maryland v. King, State Bar of Wisconsin Webcast, October 31, 2013 (replayed November 6 & 21, 2013)
Faculty, Clinical Law Review Writers Workshop, NYU School of Law, New York, NY, September 28, 2013
At the Intersection of Law and Science: The Diagnostic Value of Confessions in Shaken Baby Syndrome/Abusive Head Trauma Cases, Holtz Center Brown Bag Series, University of Wisconsin Law School, Madison, WI, September 26, 2013
Roundtable Discussion: Shaken Baby Syndrome, 2013 New York City Abusive Head Trauma/Shaken Baby Syndrome Conference, sponsored by the Queens County District Attorney’s Office, September 20, 2013, New York, NY
Tunnel Vision in Criminal Cases, Fall 2013 Social Justice Workshop, Santa Clara University School of Law, Santa Clara, CA, September 5, 2013
Shaken Baby Syndrome, Texas Criminal Defense Lawyers Association & Innocence Project of Texas seminar on Freeing the Innocent in Texas: The Cutting Edge of Theory and Practice, Austin, TX, August 9, 2013
At the Intersection of Law and Science: Shaken Baby Syndrome, ABA Criminal Jusitce Section and Louis Stein Center for Law & Ethics at Fordham Law School, 4th Annual Prescription for Criminal Justice Forensics, panel on Cutting Edge Research in Forensic Science, New York, NY, June 7, 2013 KEITH A. FINDLEY Page 19
Winning Strategies for Machner Hearings, Wisconsin State Public Defender’s Appellate Skills Academy, Lake Geneva, WI, May 16, 2013
Teaching the Law in a Clinic Environment (with Jacqueline McMurtrie and David Moran), 2013 Innocence Network Annual Conference, Charlotte, NC, April 20, 2013
NAS Report and the Path Forward: Four Years Later (with Sarah Chu, Valena Beety, & Steve Saloom), 2013 Innocence Network Annual Conference, Charlotte, NC, April 20, 2013
Defending Shaken Baby/Abusive Head Trauma Cases: New Challenges to the Shaken Baby Hypothesis (with Heather Kirkwood & David Moran), National Association of Criminal Defense Lawyers 4th Annual Post-Conviction Conference, Charlotte, NC, April 18, 2013
Judicial Gatekeeping of Suspect Evidence: Due Process and Evidentiary Rules in the Age of Innocence, Symposium on Evidence Reform: Turning a Grotesque Structure into a Rational Edifice? University of Georgia School of Law, Athens, GA, January 18, 2013
Persuasive Writing, Office of the U.S. Court, Federal Defenders, Orlando, FL, January 14-16, 2013
Cognitive Bias in Forensic Science, Wisconsin State Public Defender’s Annual Criminal Defense Conference, Milwaukee, WI, November 9, 2012
Defending Shaken Baby Syndrome Cases, National Association of Criminal Defense Lawyers Child Abuse & Sex Crimes Seminar, New Orleans, LA, October 26, 2012
What Role Should Confessions Play in the Diagnosis of Abusive Head Trauma? National Center on Shaken Baby Syndrome, Twelfth International Conference on Shaken Baby Syndrome/Abusive Head Trauma, Cambridge, MA, October 1, 2012
Tunnel Vision in Criminal Cases, Center on American and International Law, Plano, TX, August 20, 2012
The Diagnostic Value of Confessions in Shaken Baby Syndrome and Abusive Head Trauma Cases, 2012 International Conference on Law and Society, Honolulu, HI, June 8, 2012
Faculty, Wisconsin State Public Defender Appellate Training Program, Lake Geneva, WI, May 17, 2012
Persuasive Writing, Missouri State Public Defender Spring Training, Branson, MO, May 16, 2012
Recent Developments in Criminal Law, Program for the Delegation of Judges from Sri Lanka, University of Wisconsin Law School, Madison, WI, April 19, 2012 KEITH A. FINDLEY Page 20
Shaken Baby—Where is the Science and Where Are the Courts? Actual Innocence: Establishing Innocence or Guilt, Causes of and Solutions to Wrongful Convictions, the Center for American and International Law, Plano, TX, February 9, 2012
Faculty, Persuasive Writing Workshop, and Plenary Presentation: Putting the Writing in Persuasive Writing—Techniques To Make Sure Your Writing Is Clear, Logical, and Persuasive, Administrative Office of the U.S. Courts, Office of Defender Services Training Branch, Santa Fe, New Mexico, Jan. 30-Feb. 1, 2012
Using Clinical Work to Address Systemic Change, Midwest Clinical Conference, University of Wisconsin Law School, November 12, 2011
A Scientific Look at Shaken Baby Cases, Wisconsin State Public Defender Annual Criminal Defense Conference, November 3, 2011, Milwaukee, WI
Wrongful Convictions, University of Miami School of Law, October 28, 2011, Miami, FL
Challenging Shaken Baby Syndrome Convictions in Light of New Medical and Scientific Research, Keynote Address, Integris Health Law & Medicine Lecture Series, Oklahoma City University School of Law, September 27, 2011
Storytelling for the Criminal Appellant (with Professor Byron Lichstein), 2011 Applied Legal Storytelling Conference, Sturm College of Law, University of Denver, July 10, 2011
Confirmation Bias in Legal Settings: A Panel Discussion on the Problem and Potential Remedies, Keynote Panel with Dr. Gary Wells and Dr. Karl Ask, Society for Applied Research in Memory and Cognition (SARMAC), New York City, June 28, 2011
Review of Criminal Law in the Seventh Circuit, Workshop for Judges of the DC and Seventh Circuits, Federal Judicial Center, Cambridge, Maryland, June 27, 2011
Forensic Science Evidence in the Age of the NAS Report and Daubert, 2011 Criminal Law & Sentencing Institute, Wisconsin Office of Judicial Education, Appleton, WI, May 18, 2011
Victim Empowerment Through DNA Forensics: Exonerating the Innocent Through Postconviction DNA Testing, series of seminars presented to police, prosecutors, legislators, human rights activists, and scholars at: • National Prosecution Authority, Johannesburg, South Africa, March 22, 2011 • Centre on Human Rights, University of Pretoria, South Africa, March 23, 2011 • National Prosecution Authority, Port Elizabeth, South Africa, March 24, 2011 • Nelson Mandela Metropolitan University, Port Elizabeth, South Africa, March 24, 2011 KEITH A. FINDLEY Page 21
• Law Faculty, University of the Western Cape, Cape Town, South Africa, March 25, 2011
Faculty, Persuasive Writing Workshop, Administrative Office of the U.S. Courts, Office of Defender Services Training Branch, San Antonio, TX, Feb. 8-9, 2011
Lessons from the Innocence Movement, Norwegian Academy of Letters and Science, Oslo, Norway, November 8, 2010
Taking Innocence Seriously: An Alternative Criminal Justice Institution to Find the Truth When the Defendant Claims Innocence, New York Law School Law Review and West Point Center for the Rule of Law Symposium on Exonerating the Innocent: Pre-Trial Innocence Procedures, New York, November 5, 2010
DNA Evidence, Wisconsin State Public Defender Annual Criminal Defense Conference, Milwaukee, WI November 3, 2010
Exonerating the Innocent through Postconviction DNA Testing • Inqaba Biotec & Bode Technology, Second Annual African Forensic Conference, Pretoria, South Africa, October 28, 2010 • Bode Technology Ninth Annual Advanced DNA Technical Workshop—East, Amelia Island, FL, May, 25, 2010 • Bode Technology Seventh Annual Advanced DNA Technical Workshop, San Diego, CA, March 28, 2010 • Midwest Association of Forensic Scientists and Midwest Forensics Resource Center Symposium, Ames, IA, June 11, 2009
Racism and Wrongful Convictions: What Can Innocence Clinics Do to Address Racism in the Criminal Justice System?, Association of American Law Schools Conference on Clinical Legal Education, Baltimore, MD, May 7, 2010
The Innocence Movement, University of Oslo Crime Police Seminar in conjunction with the Norwegian Bar Association, Oslo, Norway, April 28, 2010
Shaken Baby Syndrome, National Association of Criminal Defense Lawyers and the Innocence Network joint training program on litigating postconviction claims of innocence, Atlana, GA, April 15, 2010
Innocence Projects in the United States, Waseda University and the University of California-Berkeley Joint Symposium on Clinical Legal Education: Impacts of Clinical Legal Education on Theory and Practice: Achievements and Challenges in the United States and Japan. Tokyo, Japan, December 12-13, 2009
Innocence Protection in the Appellate Process, paper presentation at conference on Criminal Appeals: Past, Present, and Future, Marquette University Law School, Milwaukee, WI, June 15, 2009 KEITH A. FINDLEY Page 22
Highlights from the Last Year of Innocence Jurisprudence, Innocence Network Annual Conference, Houston, TX, March 21, 2009
Everything But Legislation: Tools for Advancing Eyewitness ID Reform, Innocence Network Annual Conference, Houston, TX, March 21, 2009
Discerning Innocence, Center on Wrongful Convictions of Youth, Northwestern University School of Law, Chicago, IL, February 26, 2009
Forensic Evidence: In with the Good, Out with the Bad, National Association of Criminal Defense Lawyers 7th Annual State Legislative Network Conference, Milwaukee, WI, August 1, 2008
Understanding Eyewitness Identification Evidence, United States Attorney’s Office, Milwaukee, WI, June 26, 2008
Enough Already: Preventing Wrongful Convictions, 2008 Joint Annual Meetings of Law And Society Association and Canadian Law and Society Association, Montreal, Quebec, Canada, May 31, 2008
New Developments in Eyewitness Identification that Every Criminal Defense Lawyer Must Know, State Bar of Wisconsin 2008 Annual Convention, May 7, 2008, Madison, WI
The Future of Innocence: As DNA Exonerations Decline, Do Wrongful Convictions Still Matter? 2008 District of Columbia Judicial and Bar Conference, Transitions: The Future of the Legal Profession, Washington, D.C., April 11, 2008
Can We Reduce the Number of Wrongful Convictions Without Too Many Unjust Acquittals? Convicting the Innocent: A Symposium, Texas Tech Law Review, Lubbock, TX, April 4, 2008
Litigation/Investigation: Cause of Death—Flawed and Fraudulent Diagnoses, 2008 Innocence Network Conference, Santa Clara University School of Law, Santa Clara, CA, March 29, 2008
Innocence Commissions, 2008 Innocence Network Conference, Santa Clara University School of Law, Santa Clara, CA, March 29, 2008
Understanding Eyewitness Identification Evidence, Wisconsin Administrative Law Judges Training, Madison, WI, January 16, 2008
Guilt v. Guiltiness: Are the Right Rules for Trying Factual Innocence Inevitably the Wrong Rules for Trying Culpability? Evidence Law Section Panel (with Christopher Slobogin, Edward Imwinkelried, Eleanor Swift, and Michael Risinger), Association of American Law Schools Annual Meeting, New York, NY, January 5, 2008 KEITH A. FINDLEY Page 23
The Possibilities for and Challenges of Responding to Wrongful Convictions through Law School Innocence Projects, University of Nevada, Las Vegas, faculty forum, November 14, 2007
Representing the Innocent, University of Nevada-Las Vegas, November 13, 2007
New Issues and Strategies for Eyewitness Identification Litigation, Wisconsin Public Defender’s Annual Criminal Defense Conference, Milwaukee, WI, October 11, 2007
The Power of Innocence: Challenging Assumptions on Law and Clinical Pedagogy, AALS Workshop on Clinical Legal Education, New Orleans, LA, May 5, 2007
Handling the Difficult Case: Representing the Innocent Defendant (keynote address), Washington Defender Association, Winthrop, WA, April 27, 2007
Tunnel Vision: Dealing with Overzealous Prosecutors in Innocence Cases, Innocence Network Conference, Harvard Law School, Cambridge, MA, March 25, 2007
Crime, Punishment—and Truth by Testing, Wisconsin Academy of Sciences, Arts, & Letters Academy Evenings, Milwaukee, WI, November 2, 2006
Election 2006: Will a Wisconsin Death Penalty Make Us a Better Society?, 4th Street Forum (for Milwaukee Public Television), Milwaukee, WI, November 2, 2006
Symposium: The Death Penalty, Edgewood College, Madison, WI, October 19, 2006
Facing Life: The Retrial of Evan Zimmerman, Wisconsin State Public Defender Annual Criminal Defense Conference, Milwaukee, WI, September 28, 2006
Actual Innocence, Texas Center for the Judiciary, 2006 Criminal Justice Conference, Frisco, TX, August 3, 2006
Recent Developments on Eyewitness Identification Reform, 2006 Litigating Eyewitness Identifications Conference, Public Defender Service for the District of Columbia, Washington, D.C., June 17, 2006
Working with Policy Reform Allies, 2006 Innocence Network National Policy Training and Advocacy Conference, New York, NY, June 3, 2006
“Justice for All,” The Innocence Project’s Effect on Sexual Assault Victims, 9th Annual Sexual Assault Awareness Month Breakfast Conference, Milwaukee, WI, April 28, 2006
Crime, Punishment—and Truth By Testing, Wisconsin Academy of Sciences, Arts & Letters Academy Evenings, Madison, WI, April 11, 2006 KEITH A. FINDLEY Page 24
Reflections on “After Innocence,” Creighton University School of Law Public Interest Law Foundation, Omaha, NE, March 22, 2006
The Progress of Eyewitness Identification Procedure Reform, and The Life & Times of Commissions, both presented at the 2006 Innocence Network Conference, Seattle, WA, March 18, 2006
Appellate Defender Training, National Legal Aid & Defender Association, Chicago, IL, Jan. 26-29, 2006
The Problem of Tunnel Vision in Criminal Cases (with Michael Scott), paper presented at Wisconsin Law Review Symposium, “Preventing Wrongful Convictions: Reexamining Fundamental Principles of Criminal Law to Protect the Innocent,” Madison, WI, November 18, 2005
The Pedagogy of Innocence: Reflections on the Role of Innocence Projects in Clinical Legal Education, paper presented at the Sixth International Clinical Conference sponsored by the UCLA School of Law and the University of London Institute of Advanced Legal Studies, Lake Arrowhead, CA, October 28, 2005
Rediscovering the Lawyer School: Curriculum Reform in Wisconsin, paper presented at the International Conference on “Legal Education Reform: Reflections and Perspectives,” National Taiwan University College of Law, Taipei, Taiwan, September 16, 2005
Changing State Policy Using Commissions, Task Forces, and the State Bar, National Association of Criminal Defense Lawyers’ 4th Annual State Legislative Network Conference, Portland, OR, August 4, 2005
Police Responses to Wrongful Convictions, Wisconsin Problem-Oriented Leadership Institute for Chief Executives (POLICE), Madison, WI, July 21, 2005
Preventing Wrongful Convictions, Wisconsin Police Chiefs Midwinter Training, Kohler, WI, March 11, 2005
Issues of Eyewitness Identification and Exoneration, Drake Law School, Des Moines, IA, January 26, 2005
Workshop on Ensuring a Reliable and Effective Criminal Justice System, A Common Quest for Justice, panel on Remedying the Flaws: The Roles of State and Local Commissions in Examining and Improving System Operations. Workshop sponsored by the Justice Management Institute, the American Judicature Society, the National Judicial College, and the Open Society Institute, Chapel Hill, NC, December 10, 2004
Law Enforcement Responses to Wrongful Convictions, Police Executive Group, Fond du Lac, WI, November 4, 2004 KEITH A. FINDLEY Page 25
Panelist: Eyewitness Identification Law Reform: Strengthening Alliances between Public Defenders and the Private Bar, Joint Leadership Training with the National Association of Criminal Defense Lawyers and the National Legal Aid & Defender Association, Atlanta, GA, October 15, 2004
The Avery Task Force & Criminal Justice Reforms, Wisconsin State Public Defender Annual Conference, Milwaukee, WI, October 8, 2004.
The Wisconsin Innocence Project, University Foundation, Bascom Hill Society, University of Wisconsin-Madison, October 1, 2004
Crime Victims and Wrongful Convictions, Wisconsin Department of Justice Victim- Witness Coordinator’s Regional Training, Green Lake, WI, September 30, 2004; Eau Claire, WI, October 6, 2004; Wauwatosa, WI, October 8, 2004
Promoting Justice in Wisconsin, Wisconsin Joint Legislative-Judicial Conference on “Addressing Injustices in the Justice System,” Madison, WI, September 29, 2004
Police Responses to Wrongful Convictions, Wisconsin Problem-Oriented Leadership Institute for Chief Executives (POLICE), Madison, WI, July 28, 2004
Capital Punishment, Faith Communities Working Together for the Common Good, Sun Prairie, WI, May 5, 2004
Panel Discussion: The Steven Avery Case, Marquette University School of Law, Milwaukee, WI, March 24, 2004
The Politics of Innocence, Dane County Democratic Party, Madison, WI, March 22, 2004
What Can the Criminal Justice System Learn from Exonerations? University Roundtable, University of Wisconsin-Madison, February 11, 2004
Preventing Wrongful Convictions, Wisconsin Supreme Court Criminal Law & Sentencing Institute, Green Bay, WI, May 15, 2003
Innocence and the Death Penalty (moderator and organizer), with former Illinois Governor George H. Ryan, Professor Larry Marshall, Christopher Ochoa, and Jeanette Popp, Madison, WI, April 28, 2003
Legislation and Policy, Innocence Network National Conference 2003, panelist with Barry Scheck, Sister Helen Prejean, Richard Rosen, Steve Drizin, New Orleans, LA, March 29, 2003
Truth In Sentencing II: A Program for the Criminal Defense Lawyer (panelist on “A Defense Look at the Code—Legal Challenges”), Wisconsin Public Defender Training, Milwaukee, WI, January 10, 2003 KEITH A. FINDLEY Page 26
Innocence Projects as the New Civil Rights Movement, American Society of Criminology, Chicago, IL, November 14, 2002
Innocence Commissions and Eyewitness Reform, panelist with James Lockyer and Peter Neufeld, National Innocence Projects Conference, San Diego, CA, January 19, 2002
Creative Litigation and Investigation Strategies, panelist with Barry Scheck, John Pray, Linda Starr, Jacqueline McMurtrie, and Carmella Simoncini, National Innocence Projects Conference, San Diego, CA, January 19, 2002
Faculty, Appellate Defender Training, National Legal Aid & Defender Association, New Orleans, LA, annually, 1997-2001, 2003
Science and the Law: DNA, Wisconsin Supreme Court Judicial Education Program, Madison, WI, September 20, 2001
DNA and Genetic Testing Issues...Looking Beyond the Evidence, 2001 Wisconsin State Bar Annual Convention Presidential Showcase, panel presentation with John Pray, Barry Scheck, and Peter Neufeld, Lake Geneva, WI, May 3, 2001
What if You’re Not Guilty? Eyewitness Error in the Criminal Justice System, forum at Andrews University, Berrien Springs, Michigan, cosponsored by Northwestern University School of Law, May 2, 2001
Innocence and the Death Penalty, with Marquette Law School Dean Howard Eisenberg, the Inns of Court, Waukesha, WI, April 12, 2001
Media and the Work of the Wisconsin Innocence Project, Wisconsin Media Relations Association, Madison, WI, December 2, 2000
DNA: Pouring Water on the Smoking Gun, Dane County Bar Association, luncheon presentation, Madison, WI, April 25, 2000
Proving Innocence with DNA: Just the Tip of the Iceberg, Dane County Bar Association, Criminal Law Section, luncheon presentation, Madison, WI, April 20, 2000
How to Start an Innocence Project, National Association of Criminal Defense Lawyers Midwinter Meeting & Seminar, New Orleans, LA, February 25, 2000
The Wisconsin Innocence Project, Wisconsin Coalition Against the Death Penalty Annual Conference, Marquette University, Milwaukee, WI, October 9, 1999
Innocence Projects, Wisconsin Public Defender’s Conference, Milwaukee, WI, September 17, 1999 KEITH A. FINDLEY Page 27
Motions in Limine, Wisconsin State Bar Convention, Green Bay, WI, July 1999
Faculty, Appellate Training, Indiana Public Defender Council, Indianapolis, IN, April 8-9, 1999
Faculty, Appellate Defender Training, National Legal Aid & Defender Association, Indianapolis, IN, October 21-October 23, 1996
Faculty, Appellate Defender Training, National Legal Aid & Defender Association, Estes Park, CO, May 18-May 20, 1995
Wisconsin Case Law Update, Wisconsin Public Defender’s Criminal Defense Conference, Oconomowoc, WI, October 7, 1994
The Written Word: Creative Uses of Legal Writing from Pre-Trial Through Appeal, National Legal Aid & Defender Association Seventy-First Annual Conference, Albuquerque, NM, November 13, 1993
Wisconsin Cases—The Year in Review, Wisconsin State Public Defender’s Criminal Defense Conference, Oconomowoc, WI, October 22, 1993
Faculty, Wisconsin State Public Defender Appellate Division Spring Regional Training Seminar, Fond du Lac, WI, April 30, 1993
Time Cut Motions and Challenges to Fines and Restitution, Wisconsin State Public Defender’s Criminal Defense Conference, Milwaukee, WI, November 14, 1991
Legislative Testimony:
U.S. Senate Judiciary Committee, “Strengthening Our Criminal Justice System: Extending the Innocence Protection Act,” Washington, D.C., November 10, 2009
Wisconsin Senate Committee on Judiciary and Public Safety, SB 322, relating to: resolution of claims against the state for wrongful imprisonment of innocent persons, Dec. 16, 2016
Wisconsin Assembly Committee on State Affairs and Government Operations, AB 460, relating to: resolution of claims against the state for wrongful imprisonment of innocent persons, Dec. 16, 2016
Wisconsin Legislature Information Session, “The Wisconsin Innocence Project,” April 8, 2015
Wisconsin Senate Committee on Judiciary and Labor, Senate Bill 587 relating to the procedure for deciding certain claims against the state filed with the claims board, KEITH A. FINDLEY Page 28
February 20, 2014
Wisconsin Assembly Committee on State Affairs and Government Operations, AB 519, the Wrongly Convicted Reentry Act, and AB 534, the Procedure for Claims Filed to the State Claims Board Act, January 15, 2014
Wisconsin Assembly Judiciary and Ethics Committee, hearing on AB 452, the Wrongly Convicted Reentry Act, March 2, 2012
Wisconsin Joint Legislative Council Special Committee, hearing on Judicial Discipline and Recusal, September 6, 2010.
Wisconsin Assembly Committee on Criminal Justice, hearing on 2009 Assembly Bill 340, which proposes to restrict information available on the circuit court internet site about cases in which individuals have been acquitted or against whom charges were dismissed, October 1, 2009.
Wisconsin Senate and Assembly Judiciary Committee Joint Hearing on 2005 Assembly Bill 648, which reforms eyewitness identification procedures, establishes a state policy that police must electronically record interrogations of suspects, and addresses issues surrounding preservation and testing of DNA evidence.
Wisconsin Assembly Judiciary Committee Avery Task Force, addressing the errors that led to Steven Avery’s wrongful conviction, and suggesting policy reforms to prevent future similar injustices, December 22, 2003.
Wisconsin Assembly Committee on Courts & Corrections, on AB 291, which provided for postconviction DNA testing and extension of the statute of limitations in sexual assault cases where DNA identifies the perpetrator, April 4, 2001.
Wisconsin Senate Judiciary Committee hearing on proposed legislation modifying the statute of limitations on sexual assault charges in which the state has DNA evidence, and on proposed legislation governing postconviction DNA testing, March 7, 2000.
Wisconsin Assembly Committee on Courts & Corrections and Committee on Criminal Justice joint hearing on proposed amendments to the statutes governing postconviction DNA testing, March 1, 2000.
Wisconsin Senate Judiciary Committee, on behalf of the Wisconsin Public Defender, on hearing on legislation that would create the death penalty in Wisconsin, June 16, 1993.
SAMPLE APPELLATE CASES LITIGATED (published decisions only):
Williams v. Illinois, 132 S.Ct. 2221 (2012) (amicus curiae) Bullcoming v. New Mexico, 131 S.Ct. 2705 (2011) (amicus curiae) KEITH A. FINDLEY Page 29
Lindh v. Murphy, 117 S.Ct. 2059 (1997) (co-counsel) State v. Vice, 2021 WI 63 (amicus curiae) People v. Bailey, 144 A.2d 1562 (N.Y. S.Ct. App. Div. 2016) (co-counsel) State v. Dobbs, 2020 WI 64 (amicus curiae brief) State v. Roberson, 2019 WI 102, 389 Wis. 2d 190, 935 N.W.2d 813 (amicus curiae) State v. Garcia, 2019 WI 40, 386 Wis. 2d 386 925 N.W.2d 528 (amicus curiae) State v. Denny, 2017 WI 17, 373 Wis. 2d 390, 891 N.W.2d 144 State v. Moore, 2015 WI 54, 363 Wis. 2d 376, 864 N.W.2d 827 (amicus curiae) Newton v. City of New York, 779 F.3d 140 (2d Cir. 2015) (amicus curiae) State v. Griep, 2015 WI 40, 361 Wis. 2d 657, 863 N.W.2d 567 (amicus curiae) People v. Caldavado, 116 A.D.3d 877, 983 N.Y.S.2d 410 (N.Y. App. Div. 2014) (amicus curiae) Commonwealth v. Rodriguez, 467 Mass. 1002, 5 N.E.3d 519 (2014) (amicus curiae) State v. Vollbrecht, 2012 WI App 90, 344 Wis.2d 69, 820 N.W.2d 443 State v. Avery, 2011 WI App 148, 337 Wis.2d 560, 807 N.W.2d 638 Warney v. State, 16 N.Y.3d 428 (Ct. App. 2011) (amicus curiae) State v. Henley, 2010 WI 97, 328 Wis.2d 544, 787 N.W.2d 350 Cunningham v. District Attorney’s Office for Escambia Co., 592 F.3d 1237 (11th Cir. 2010) State v. Hoppe, 2009 WI 41, 317 Wis. 2d 161, 765 N.W.2d 794 (amicus curiae brief) Adams v. Bertrand, 453 F.3d 428 (7th Cir. 2006) State v. Edmunds, 2008 WI App 33, 746 N.W.2d 590 State v. Mayo, 2007 WI 78, 301 Wis. 2d 642, 734 N.W.2d 115 Taylor v. Bradley, 448 F.3d 942 (7th Cir. 2006) State v. Hibl, 2006 WI 52, 290 Wis.2d 595, 714 N.W.2d 194 (amicus curiae brief) State v. Shomberg, 2006 WI 9, 288 Wis. 2d 1, 709 N.W.2d 370 (amicus curiae brief) State v. Dubose, 2005 WI 126, 699 N.W.2d 582 (amicus curiae brief) State v. Armstrong, 2005 WI 119, 700 N.W.2d 98 (amicus curiae brief) State v. Moran, 2005 WI 115, 700 N.W.2d 884 (amicus curiae brief) In re Jerrell C.J., 2005 WI 105, 283 Wis.2d 145, 699 N.W.2d 110 (amicus curiae brief) State v. McDowell, 2004 WI 70, 681 N.W.2d 500 (amicus curiae brief) State v. Zimmerman, 2003 WI App 196, 266 Wis.2d 1003, 669 N.W.2d 762 State v. McDowell, 2003 WI App 1689, 266 Wis. 2d 599, 669 N.W.2d 204 (amicus curiae brief) State v. Davison, 2003 WI 89, 263 Wis.2d 145, 666 N.W.2d State v. Schwebke, 2002 WI 55, 253 Wis. 2d 1, 644 N.W.2d 666 State v. Davison, 2002 WI App 109, 255 Wis. 2d 715, 647 N.W.2d 390 State v. Piddington, 241 Wis. 2d 754, 623 N.W.2d 528 (2001) (amicus curiae brief) State v. Gammons, 2001 WI App 36, 241 Wis.2d 296, 625 N.W.2d 623 United States v. Scanga, 225 F.3d 780 (7th Cir. 2000) State v. Magnuson, 2000 WI 19, 233 Wis.2d 40, 606 N.W.2d 536 State v. Shimek, 230 Wis.2d 730, 601 N.W.2d 865 (Ct. App. 1999) State v. Hobson, 218 Wis. 2d 350, 577 N.W.2d 825 (1998) In the Interest of Hezzie R., 219 Wis. 2d 849, 580 N.W.2d 660 (1998) (amicus brief) Lindh v. Murphy, 124 F.3d 899 (7th Cir. 1997) (on remand) State v. Kluck, 210 Wis. 2d 1, 563 N.W.2d 468 (1997) KEITH A. FINDLEY Page 30
State v. Coles, 208 Wis. 2d 328, 559 N.W.2d 468 (Ct. App. 1997) State ex rel. Schmelzer v. Murphy, 200 Wis. 2d 837, 548 N.W.2d 97 (1996) State v. Castillo, 205 Wis. 2d 592, 556 N.W.2d 425 (Ct. App. 1996) State v. Lettice, 205 Wis. 2d 343, 556 N.W.2d 376 (Ct. App. 1996) State v. Post, 197 Wis. 2d 279, 541 N.W.2d 115 (1995) State v. Debra A.E., 188 Wis. 2d 111, 523 N.W.2d 727 (1994) State v. Iglesias, 185 Wis. 2d 117, 517 N.W.2d 175 (1994) State v. Johnston, 184 Wis. 2d 794, 518 N.W.2d 759 (1994) State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993) State ex rel. Sandra D. v. Getto, 175 Wis. 2d 490, 498 N.W.2d 892 (Ct. App. 1993) State v. Miller, 175 Wis. 2d 204, 499 N.W.2d 215 (Ct. App. 1993) State v. Handley, 173 Wis. 2d 838, 496 N.W.2d 725 (Ct. App. 1993) Thomas v. Brennan, 961 F.2d 612 (7th Cir. 1992) State v. Hubanks, 173 Wis. 2d 1, 496 N.W.2d 96 (Ct. App. 1992) State v. Durbin, 170 Wis. 2d 475, 489 N.W.2d 655 (Ct. App. 1992) State v. James, 169 Wis. 2d 490, 485 N.W.2d 436 (Ct. App. 1992) (co-counsel) State v. Grande, 169 Wis. 2d 422, 485 N.W.2d 282 (Ct. App. 1992) State v. Hansen, 168 Wis. 2d 749, 485 N.W.2d 74 (Ct. App. 1992) State v. Grant, 168 Wis. 2d 682, 484 N.W.2d 370 (Ct. App. 1992) State v. Krause, 168 Wis. 2d 578, 484 N.W.2d 347 (Ct. App. 1992) State v. Peterson, 163 Wis. 2d 800, 472 N.W.2d 571 (Ct. App. 1991) Pryor v. Brennan, 914 F.2d 921 (7th Cir. 1990) Pulver v. Brennan, 912 F.2d 894 (7th Cir. 1990) Levesque v. Brennan, 864 F.2d 515 (7th Cir. 1988) United States v. Melody, 863 F.2d 499 (7th Cir. 1988) Garland v. United States, 837 F.2d 1563 (11th Cir. 1988) State v. Millhouse, 3 Conn. App. 497, 490 A.2d 517 (Conn. App. 1985)