DOCSLIB.ORG

Las Vegas, Nevada

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Las Vegas, Nevada 20th International Conference ® Scientific Fact & Reason vs. Myth & Emotion Las Vegas, Nevada Golden Nugget Hotel and Casino October 17 - 19, 2019 Conference Description Allegations of child abuse and accompanying issues overlap in the disciplines of medicine, psychology, social work and law enforcement. Criminal, family, juvenile and appellate law are affected. These cases often involve sensational allegations – allegations that must be examined objectively to determine their merit or lack of merit. Attorneys, judges, investigators and other concerned professionals who deal with these cases need to keep abreast of the most current medical, scientific and psychological research, procedures and studies in order to be able to separate fact from fiction, confession from coercion and harm from hyperbole. If you are going to represent defendants or consult in these types of matters, you owe it to yourself, to the accused and to the children to attend so you can be as up to date as you can be in the areas of study that affect these cases. The experts who present at the Conference have national, if not international reputations. They cover topics in the fields of forensics, investigation, medicine, science, psychology and law. These topics often overlap into other areas of criminal law and psychology other than abuse. In the past, our experts have addressed issues such as: Psychology: Corruption / taint of a child’s memory or recollection; problems with eyewitness identification; coercion of confessions; proper and improper questioning of children; the desire of children to please adults; the fallacy of behavioral indicators; protocols for interviewing of children; repressed memories; interviewer bias and the effects of same on questioning; how memory works. Forensics: Proper police procedure for investigating allegations of abuse; proper and improper police procedure for line-ups and photo spreads; how to use a private investigator; forensic examination of computer, email or electronic tape evidence; determining whether a photograph is real or computer generated. Medicine: Proper procedures for examination of children who are suspected to be sexually abused as well as distinguishing between medical findings that are specific to sexual trauma versus “normal” findings that are claimed to support evidence of abuse. Shaken Baby Syndrome Allegations, other physical issues such as broken bones, bruises, metabolic disorders and so on.. Law: Prosecutorial abuse through intimidation of witnesses / complainants and threats against defense counsel; coaching of child witnesses by the prosecutor; how do you deal with child pornography when the state’s attorney says that it is illegal for you to take it to your expert; voir dire in an abuse case; how to deal with a child witness; dealing with Predator and Propensity evidence issues; new motions that have been successfully used. This year’s topics and experts are shown in the brochure and they are sure to be as relevant and topical as those in the past. Whether you want to build a foundation on which to handle these cases, or if you need to build on the foundation that you already have or want to see the presentations of potential expert witnesses for your cases, then you need to attend this year’s Conference. Tentative Schedule Thursday, October 17 Bruce Lyons,. J.D., Master of Ceremonies 7:15 am to 8:15 am Continental Breakfast (in Conference Room) 8:15 am to 8:30 am Kimberly Hart and Bruce Lyons, J.D., Introductions 8:30 am to 9:30 am Bruce Lyons, J.D. Dealing With “Me Too” Accusations 9:30 am to 10:30 am (ethics):L.T. “Butch” Bradt The Ethics Regarding Use of Experts 10:30 am to 10:45 am Break 10:45 am to 11:45 am Dr. Michael Lamb, Ph.D. (title to be announced later) 11:45 am to 12:45 pm Dr. Kamala London, Ph.D.: Why Interviewing Children Shouldn't Be A Free-For- All (and how to spot when it was) 12:45 pm to 2:00 pm Lunch (on your own) 2:00 pm to 3:00 pm Dr. David Thompson, Ph.D. Investigation of Child Sexual Abuse: A View From a Clinician’s Perspective 3:00 pm to 4:00 pm Dr. Richard Ofshe, Ph.D. The Recordation Revolution –the phenomenal power of a properly analyzed interrogation to level the playing field or even tip it in your favor. 4:00 pm to 4:15 pm Break 4:15 pm to 5:15 pm Dr. Ann Dell-Duncan, Ph.D., J.D. & Kim Benjamin, J.D. Things that Go Bump in the Night: Asperger’s, Borderline and Reactive Attachment Disorder Friday, October 18 Michael Cronkright, J.D., Master of Ceremonies 7:30 am to 8:30 am Continental Breakfast (in Conference Room) 8:30 am to 9:30 am Dr. Steve Guertin, M.D., Sex Abuse: Should there be an injury? 9:30 am to 10:45 am Dr. Waney Squire, M.D. True Facts about Shaken Baby Syndrome 10:45 am to 11:00 am Break 11:00 am to 12:30pam Dr. Greg Hampikian, Ph.D. DNA Errors, finding and fixing 12:30 am to 1:45 pm Lunch (on your own) 1:45 pm to 2:45 pm Dr. Kris Sperry, M.D. Child Abuse and Therapeutic Misadventures. 2:45 pm to 3:45 pm Dr. Greg Shoukimas, M.D. The role of radiology in the evaluation of suspected child abuse 3:45 pm to 4:00 pm Break 4:00 pm to 5:15 pm Dr. Marvin Miller, M.D. Metabolic Bone Disease of Infancy: Multifactorial in Etiology and Often Confused for Child Abuse Saturday, October 19 Lorin J. Zaner, J.D., Master of Ceremonies 7:30 am to 8:30 am Continental Breakfast (in Conference Room) 8:30 am to 9:30 am Dr. Steve Guertin, M.D., Sex Abuse Mimics & STD Infections 9:30 am to 10:30 am (ethics): Douglas Peters, J.D. The Winning Edge: The Right Ethics 10:30 am to 11:30 am Robert LeBell, J.D., Preserving the record for appeal in child sex cases 11:30 am to 12:00 pm Break 12:00pam to 1:00 pam Dr. Kevin McGovern, Ph.D. & Dr. Thomas Brewer, Psy.D. Exploring Why Men View Internet Child Pornography 1:00 pm to 2:00 pm James A.H. Bell, J.D., Defend With Daubert Ingenuity Conference Faculty James A.H. Bell, J.D., is a nationally renowned criminal defense lawyer from Greg Hampikian, Ph.D., is a Professor of Biology at Boise State University and Knoxville, Tennessee. He believes in total justice; one who will is an internationally known DNA expert. He has held research and exhaust all reasonable efforts to zealously advance the clients best teaching positions at Yale Medical School, Emory University, The legal interest. Mr. Bell is the recipient of the Heeney Award by the CDC, Georgia Tech and the U. of Connecticut. He has been National Association of Criminal Defense Lawyers and past published in leading scientific journals and is co-author of a book President of the Tenn. Assoc. of Crim Defense Lawyers. dealing with DNA exoneration. Kimberly Benjamin, J.D., has focused her legal practice on criminal and DWI Kimberly A. Hart, Executive Director of the National Child Abuse Defense & defense in the greater Kansas City metropolitan area. Benjamin Resource Center has been involved with child abuse allegations in has served as president and board member of the Missouri the legal arena since 1985. She has appeared on hundreds of Association of Criminal Defense Lawyers (MACDL). She is a television and radio talk shows over the years. She also works on member of the faculty of the National College of DUI Defense and individual cases as a private trial consultant. frequently lectures on criminal/civil trial strategy. L.T. “Butch” Bradt, J.D., is an attorney from Sugar Land (Houston), Texas Michael Lamb, Ph.D. is a Professor of Psychology at the University of Cambridge Licensed for 40 years and in 23 different courts, he has handled He is Fellow and Director of Studies at Sidney Sussex College, an cases throughout the country. Recognized as an experienced trial Editor of the Journal of Psychology, Public Policy and Law and President Division 7 (Developmental Psychology), American and appellate attorney, he has had several articles published by Psych. Assoc. His research focuses on forensic interviewing and The Voice, a publication of the Texas Crim Lawyers Association. factors affecting children’s adjustment. Dr. Thomas Brewer, Psy.D. is a psychologist and Clinical Director of Sunset Robert LeBell, J.D., is a criminal defense lawyer from Milwaukee, Wisconsin. He Psychological Services, LLC in Portland Oregon, which houses six handles homicide, sexual assault, child molestation, drug, RICO and clinicians and serves a large population from numerous counties in white collar offenses. He has argued before the Wisconsin both Oregon and Washington. He is certified as a Sex Offender Supreme Court, the U.S. Seventh Circuit Court of Appeals as well as Treatment Provider in two states as well as a Certified Sex winning at the U.S. Supreme Court. Bob has been at the forefront of propensity evidence issues and sexual predator laws. Addiction Therapist Michael Cronkright, J.D., is a criminal defense lawyer from Lansing, Michigan Bruce Lyons, J.D., is a criminal defense lawyer from Fort Lauderdale, Florida. He has been admitted to practice law in all Michigan courts, as well as also is a Past-president of the National Association of Criminal the United States District Court for the Western District of Defense Lawyers, Past-Chairman of the Criminal Division of the Michigan, the United States District Court for the Eastern District of American Bar Association and Past- Recipient of the NACDL’s most Michigan, and, pro hac vice, in Wyoming, Texas, and Wisconsin.
Load more

Recommended publications
  • Product Liability in Maryland Revisited Edward S
    University of Baltimore Law Review Volume 7 Article 2 Issue 1 Fall 1977 1977 Product Liability in Maryland Revisited Edward S. Digges Jr. Piper and Marbury Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the Law Commons Recommended Citation Digges, Edward S. Jr. (1977) "Product Liability in Maryland Revisited," University of Baltimore Law Review: Vol. 7: Iss. 1, Article 2. Available at: http://scholarworks.law.ubalt.edu/ublr/vol7/iss1/2 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. PRODUCT LIABILITY IN MARYLAND REVISITED Edward S. Digges, Jr.t The author discusses and compares the various theories of recovery available in a product liability case. He concludes that merger of the various theories into a single basic product cause of action might be procedurally beneficial. Various defenses available in product litigation, as well as procedures for invoking indemnity and contribution, are also discussed. I. INTRODUCTION Since the issue of this Law Review devoted to product liability,1 the Court of Appeals of Maryland has confirmed its previously intimated pro-consumer stance on the subject.2 Strict liability in tort has been added to the arsenal of recovery theories,3 and warranty has been stripped of some technical hurdles. 4 The recent product liability decisions5 bring Maryland into step with modern thought t B.A., 1968, Princeton University; J.D., 1971, University of Maryland; Partner, Piper and Marbury, Baltimore, Maryland; Member of Maryland Bar.
    [Show full text]
  • Downloaded from Cmx.Sagepub.Com at UNIV of SOUTHERN CALIFORNIA on June 27, 2014 Article
    University of Southern California Law From the SelectedWorks of Thomas D. Lyon May 23, 2014 36. Evidence summarized in attorneys' closing arguments predicts acquittals in criminal trials of child sexual abuse. Stacia N. Stolzenberg, University of Southern California Thomas D. Lyon, University of Southern California Available at: https://works.bepress.com/thomaslyon/94/ Child Maltreatment http://cmx.sagepub.com/ Evidence Summarized in Attorneys' Closing Arguments Predicts Acquittals in Criminal Trials of Child Sexual Abuse Stacia N. Stolzenberg and Thomas D. Lyon Child Maltreat 2014 19: 119 originally published online 11 June 2014 DOI: 10.1177/1077559514539388 The online version of this article can be found at: http://cmx.sagepub.com/content/19/2/119 Published by: http://www.sagepublications.com On behalf of: American Professional Society on the Abuse of Children Additional services and information for Child Maltreatment can be found at: Email Alerts: http://cmx.sagepub.com/cgi/alerts Subscriptions: http://cmx.sagepub.com/subscriptions Reprints: http://www.sagepub.com/journalsReprints.nav Permissions: http://www.sagepub.com/journalsPermissions.nav Citations: http://cmx.sagepub.com/content/19/2/119.refs.html >> Version of Record - Jun 27, 2014 OnlineFirst Version of Record - Jun 11, 2014 What is This? Downloaded from cmx.sagepub.com at UNIV OF SOUTHERN CALIFORNIA on June 27, 2014 Article Child Maltreatment 2014, Vol. 19(2) 119-129 ª The Author(s) 2014 Evidence Summarized in Attorneys’ Reprints and permission: sagepub.com/journalsPermissions.nav Closing Arguments Predicts Acquittals DOI: 10.1177/1077559514539388 in Criminal Trials of Child Sexual Abuse cmx.sagepub.com Stacia N. Stolzenberg1 and Thomas D.
    [Show full text]
  • Overlooked in the Tort Reform Debate: the Growth of Erroneous Removal Theodore Eisenberg and Trevor W
    Journal of Empirical Legal Studies Volume 2, Issue 3, 551–576, November 2005 Overlooked in the Tort Reform Debate: The Growth of Erroneous Removal Theodore Eisenberg and Trevor W. Morrison* Disputes over forum often center on whether a case should proceed in state or federal court. Removal to federal court can trigger a costly forum strug- gle. When a state case is removed to federal court only to be sent back to state court, the time and resources incurred in the detour are a toll on the judicial system and waste parties’ resources. We find erroneous removal to be an increasing problem. From 1993 to 2002, a period when state tort filings noticeably decreased, the number of removed diversity tort cases increased by about 10 percent to about 8,900 per year. By 2003, removed cases comprised over 30 percent of the federal diversity docket. The per- centage of removals ultimately remanded to state court increased signifi- cantly to about 20 percent in 2003, with the remand rate exceeding 50 percent in some districts. Thus, as more cases purporting to satisfy diversity jurisdiction were being removed to federal court, and just as removals were occupying an increasing part of the federal docket, removed cases were being remanded to state court at increasing rates. Erroneous removal is a growing phenomenon that should be addressed as part of serious consid- eration of tort reform. *Address correspondence to Theodore Eisenberg, Cornell Law School, Myron Taylor Hall, Ithaca, NY 14853; email: theodore-eisenberg@postoffice.law.cornell.edu. Theodore Eisenberg is Henry Allen Mark Professor of Law, Cornell Law School; Trevor Morrison is Assistant Pro- fessor of Law, Cornell Law School.
    [Show full text]
  • 1 of 100 DOCUMENTS the PEOPLE, Plaintiff and Respondent, V. TOMMY GENE DANIELS, Defendant and Appellant. C070580 COURT of APPEAL
    Page 1 1 of 100 DOCUMENTS THE PEOPLE, Plaintiff and Respondent, v. TOMMY GENE DANIELS, Defendant and Appellant. C070580 COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT 2015 Cal. App. Unpub. LEXIS 4498 June 25, 2015, Opinion Filed NOTICE: NOT TO BE PUBLISHED IN OFFICIAL health issues; (3) the evidence is insufficient for several REPORTS. CALIFORNIA RULES OF COURT, RULE counts; (4) the trial court erred in positioning a uniformed 8.1115(a), PROHIBITS COURTS AND PARTIES officer near defendant during trial without any finding of FROM CITING OR RELYING ON OPINIONS NOT necessity; (5) the cumulative effect of errors was CERTIFIED FOR PUBLICATION OR ORDERED prejudicial; (6) the court erred in ordering section 1202.1 PUBLISHED, EXCEPT AS SPECIFIED BY RULE HIV/AIDS testing; and (7) jail booking and classification 8.1115(b). THIS OPINION HAS NOT BEEN fees were improper because there was insufficient CERTIFIED FOR PUBLICATION OR ORDERED evidence of defendant's ability to pay and of the actual PUBLISHED FOR THE PURPOSES OF RULE 8.1115. administrative costs. PRIOR HISTORY: [*1] Superior Court of 1 Undesignated statutory references are to the Sacramento County, No. 10F08003. Penal Code in effect at the time of the charged offenses. JUDGES: MURRAY, J.; MAURO, Acting P. J., HOCH, 2 Respite care was described as a temporary J. concurred. live-in [*2] care for adopted children with behavioral problems, to give the adoptive parents OPINION BY: MURRAY, J. a respite. OPINION We reverse as to the HIV test order and otherwise affirm the judgment. Defendant Tommy Gene Daniels appeals following conviction on multiple counts of lewd or lascivious acts FACTUAL AND PROCEDURAL BACKGROUND upon five child victims (Pen.
    [Show full text]
  • Child Abuse Allegations the Law, the Science, the Myths, the Reality
    N.C.A.D.R.C. Kimberly Hart & Todd James P.O. Box 638 Holland, OH 43528-0638 Child Abuse Allegations The Law, the Science, the Myths, the Reality Sept. 6 – 8, 2012 Bally’s Hotel & Casino Las Vegas Defense Lawyers Trial Demonstration (Sat.) Public Defenders Direct & Cross Examinations Family Court Lawyers Alleged child victim Investigators CPS Investigator or Cop Mental Health Professionals SANE Nurse examiner Other concerned Professionals Prosecution Psychologist Defense Psychologist CLE + CE credits may be available Tie-together the above September 6 - 8, 2012 at the Bally’s Hotel and Casino, Las Vegas, Nevada R E G I S T R A T I O N F O R M Name: ______________________________________________________________________ Firm or Office:_______________________________________________________________ Address: ____________________________________________________________________ City: ______________________________ State: __________ Zip:____________________ Tele: ( )_______________________ Fax: ( )__________________________ Email: __________________________________Occupation: ________________________ Atty Bar# : ____________________STATE: ________ Bar #____________________STATE: _______ (If licensed in more than one state) *************************************************************************************** Includes registration, continental breakfasts, breaks, materials on CD-Rom or Thumb-drive, etc. Faxed, mailed, or emailed by 7/20/2012 Faxed, mailed, or emailed after 7/21/2012 Private Practice …………….$ 525 Private Practice…………….$ 560 (Attorneys,
    [Show full text]
  • Statutory Rape Attorney Brevard
    Statutory Rape Attorney Brevard Skipper remixed incomprehensibly. Isadore blackleg her frogmouth metabolically, homophile and dramatically,bubbliest. Surging is Rodrigo and coquettish full-bodied? Carmine sizzle her gainsayer transect neither or repudiated Center as such, such as opposed to iraq as well run organizations, concentrating mainly in central florida has strict criteria and statutory rape attorney shall not guarantee a massive success over Thank for my friends. National Organization for Victim Assistancewww. Jury review is apparent of feedback most other civic duties you always perform. May be clearly warranted against a brevard county as possible and promoting research. Speedway took their respective districts. Vine provides supervision of law requires that voluntary chaplaincy services to retaliate against you this act quickly to understand that all steps should be reported by. The brevard county. Lewd or rape attorney to brevard county, an emotional roller coaster, a statutory rape. These types of brevard county with a divorce is for or that will retain a minor child rape attorney? JUVENILES TRIED AS ADULTSJuveniles who in very serious crimes may be tried as adults. Provides contact an attorney who have statutory rape victim of brevard county with your losses for any way. No statutory rape attorney general information? He called in brevard county, rape attorney will be to learn how can define a statutory rape or a young boy at promptly. Sexual assault with prosecutors prepared for sexual assaults in the attorney? Law attorneys in brevard college might require a rape attorney in ohio and policy at common characteristics of sex crime, i do not a very difficult.
    [Show full text]
  • ILS Case Acceptance Guidelines.Pdf
    Indiana Legal Services Case Acceptance Guidelines Introduction Indiana Legal Services’ mission is to provide access to justice, empower clients and fight poverty. Case acceptance decisions will align with this mission and with ILS’s priorities for legal work. To most efficiently use its resources, ILS also will consider: whether the potential client’s position has legal merit, whether help from the private sector or other agencies is likely to be available, and whether the applicant is likely to be able to advocate adequately for him or herself. Particularly vulnerable applicants, or those with special circumstances such as language barriers, may receive special consideration, and supervisors may approve higher levels of representation for such clients than set by these guidelines. Likewise, applicants whose cases are funded by non-LSC grants may receive representation beyond that allowed by these guidelines. Finally, regardless of case type or assistance level, ILS may assist persons in obtaining representation if it appears courts are required to appoint counsel and are not doing so or are otherwise impeding a person’s legitimate access to the court. Regardless of assistance level, clients must cooperate with ILS staff. ILS may decline to provide services to a person or group who causes or threatens to cause ILS staff or property harm. ILS also may decline to provide services to persons who have filed complaints adverse to ILS or ILS staff with the disciplinary commission, the Better Business Bureau, or with other entities or in court. ILS adopts the following levels of assistance: 1. Extended representation, including litigation: ILS will try to provide extended representation, either by ILS staff or by PAI attorneys and, when that is not possible, will provide advice or brief service.
    [Show full text]
  • UNREPORTED in the COURT of SPECIAL APPEALS of MARYLAND No. 1178 September Term, 2014 DION
    UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1178 September Term, 2014 ______________________________________ DION WARE v. STATE OF MARYLAND ______________________________________ Eyler, Deborah S., Leahy, Davis, Arrie W., (Retired, Specially Assigned), JJ. ______________________________________ Opinion by Leahy, J. ______________________________________ Filed: August 24, 2016 *This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104. ‒Unreported Opinion‒ Kearri Ware was only six weeks old when he died. The father of Kearri, Dion Ware (“Appellant”), was charged in the Circuit Court for Baltimore City with second degree murder and first-degree child abuse. A jury convicted Appellant of first-degree child abuse, but was unable to reach a verdict on the second-degree murder charge. Appellant was sentenced to thirty years in prison.1 Appellant timely appealed and presents the following questions for our review: 1. Did the hearing court below err in denying the motion to suppress Appellant’s statements? 2. Did the trial court err by admitting cumulative and unduly prejudicial autopsy photographs? 3. Should the court below have granted Appellant’s motion for a mistrial during jury deliberations? We affirm. We are persuaded that Appellant’s mental capacity did not prevent him from making a knowing and voluntary waiver of his Miranda rights. Therefore, we hold that the trial court properly considered the record testimony and, based on its factual findings, properly denied Appellant’s motion to suppress.
    [Show full text]
  • The Use of Duress in Defense of Battered Offenders
    OHIO STATE LAW JOURNAL Volume 56, Number 3, 1995 Downward Adjustment and the Slippery Slope: The Use of Duress in Defense of Battered Offenders LAURIE KRATKY DoR* I. INTRODUCTION ................................................................... 667 II. BATTERED OFFENDERS ........................................................ 673 I. THE "BATTERED WOMAN DEFENSE" AND SELF-DEFENSE ............ 678 A. Battered Woman Syndrome Defined ............................... 679 B. Battered Woman Syndrome and Self-Defense .................... 681 1. The Law of Self-Defense in a Nutshell ......................... 682 2. Self-Defense Obstacles ............................................ 683 a. Imminence ....................................................... 685 b. Necessity ......................................................... 686 c. Objective Reasonableness..................................... 687 3. Circumventing the Obstacles..................................... 688 a. Credibility/SubjectiveBelief ................................. 688 b. Objective Reasonableness-Modificationof TraditionalElements .......................................... 689 i. Expanding Imminence and Necessity .................. 689 ii. Subjectifying "Reasonableness"........................ 691 IV. THE "BATTERED WOMAN DEFENSE" AND DURESS .................... 694 A. The Battered Woman as Victim of Coercion..................... 694 B. Battered Woman Syndrome and Duress........................... 697 1. The Law of Duress in a Nutshell ............................... 697 2. Obstacles
    [Show full text]
  • Overcoming Untrue Defenses in Abusive Head Trauma
    Overcoming Untrue Defenses in Abusive Head Trauma Matthew J. Torbenson Deputy District Attorney Milwaukee County Special Thanks to… National Center on Shaken Baby Syndrome Mission The National Center on Shaken Baby Syndrome is committed to prevent shaken baby syndrome and to promote the well- being of infants generally through the development and implementation of programs, policy and research; and to support and educate families, caregivers and professionals. Copyright Notice This presentation contains the creative works of others which are being used by permission, license, or under a claim of fair use (17 U.S.C. 107). This presentation was prepared under the fair use guidelines for multi-media presentations and further use or distribution of it is not permitted. Who am I (not a wizard…) • Deputy District Attorney – 2 years • Assistant District Attorney – 12 years • Team Captain of Child Protection & Advocacy Unit • Prosecute complex child abuse and child neglect cases, with specialization in: • Child homicides • Abusive head trauma • Inflicted burns • Child sexual abuse • Child torture • Complex child neglect (medical neglect) • Presenting child testimony State v. Edmunds Audrey Edmunds - convicted of First Degree Reckless Homicide 1995 • Caring of 7-mth old Natalie when Natalie collapses • State • Presented numerous experts @ trial • Shaking and/or shaking + impact • Defense: • Expert agreed – abuse, argued “lucid interval” • Convicted of First Degree Reckless Homicide State v. Edmunds Post conviction motion 2007 • Motion for a new trial – newly discovered evidence • “Significant debate” within medical community as to whether SBS caused injuries – other potential causes • Trial court – evidentiary hearing: •State’s evidence [of defendant’s guilt] is as strong, if not stronger than it was at the original trial.
    [Show full text]
  • Manual of Model Criminal Jury Instructions for the District Courts of the Ninth Circuit
    MANUAL OF MODEL CRIMINAL JURY INSTRUCTIONS FOR THE DISTRICT COURTS OF THE NINTH CIRCUIT Prepared by the Ninth Circuit Jury Instructions Committee _________ 2010 Edition Last updated 12/2019 NINTH CIRCUIT JURY INSTRUCTIONS COMMITTEE ____________ Members: District Judge Michael H. Simon, Chair District Judge André Birotte, Jr. Magistrate Judge Carolyn K. Delaney District Judge Sharon L. Gleason District Judge Andrew J. Guilford Magistrate Judge Jeremiah C. Lynch District Judge Rosemary Márquez Circuit Judge John B. Owens Circuit Judge Johnnie B. Rawlinson Staff: Nicholas Jackson Reporter: Debra Landis ii INTRODUCTION TO 2010 EDITION This Manual of Model Criminal Jury Instructions (“Manual”) has been prepared to help judges communicate more effectively with juries. The instructions in this Manual are models. They are not mandatory, and must be reviewed carefully before use in a particular case. They are not a substitute for the individual research and drafting that may be required in a particular case, nor are they intended to discourage judges from using their own forms and techniques for instructing juries. In addition to its ongoing consideration of legislative developments and appellate court decisions that may impact these model instructions, the Jury Instructions Committee (the Committee) welcomes suggestions from judges, staff and practitioners about possible revisions, additions and deletions. After careful assessment and research, the Committee updates and revises instructions from time to time as necessary. Revisions are available online. They are later compiled and published in the printed version of the Manual. The Committee strongly recommends that the online version of any instruction be consulted to be sure an up to date instruction is being considered.
    [Show full text]
  • Forcible Sexual Abuse Defense
    Forcible Sexual Abuse Defense wasatchdefenselawyers.com/practice-areas/forcible-sexual-abuse-defense There are two forms of sexual abuse in Utah. The first is called Forcible Sexual Abuse and deals with any sexual abuse suffered by someone over the age of 14. The other is Sexual Abuse of a Child and deals with the sexual abuse of anyone under the age of 14. Any form of unwanted sexual contact short of rape can result in accusations of sexual abuse. Both forms carry mandatory minimum sentences and can result in life imprisonment. Even if you avoid a life sentence, you can still find yourself permanently part of the sex offender registry, along with all of the limitations, possible employment issues and hassle that brings. If a case can be made for any aggravating circumstances (threats of harm, actual injury, use of a weapon, etc.), the state of Utah will throw the book at you and you can quickly find yourself feeling overwhelmed. At Wasatch Defense Lawyers, as experienced Utah criminal defense attorneys – we shine! You’ll want to make sure your side of the situation is told clearly – and we know exactly how to make sure that happens. Our highly-qualified sentencing experts know how to negotiate aggressively to preserve your quality of life. Contact Wasatch Defense Attorneys for a free, confidential case review, and learn how we can help today 801.980.9965. Utah Forcible Sex Abuse Laws The definition of forcible sexual abuse is any form of “indecent liberty” taken, short of rape, with someone who is 14 or older.
    [Show full text]