TRAINING AND REFERENCE MATERIALS INDEX

 

Abuse, Neglect, and Dependency

  See Parent Representation Training Links

Appeals

  Appellate Rule 3A Resources

 

Appellate Theory of Defense, by Ira Mickenberg, from 2007 Appellate Advocacy Training

 

Appellate Writing, by Ira Mickenberg, from 2007 Appellate Advocacy Training

  Avoiding Controversy Over the Standard of Review, by Jane Allen, from Nuts and Bolts of Appellate Procedure, July 2006

 

Brainstorming, by Ira Mickenberg, from 2007 Appellate Advocacy Training

  How to Draft Assignments of Error, by Staples Hughes, from Nuts and Bolts of Appellate Procedure, July 2006

 

Oral Argument, by Ira Mickenberg, from 2007 Appellate Advocacy Training

  Rhetoric, Invention, and Style, by Jordynn Jack and Katie Rose Guest Pryal, from 2007 Appellate Advocacy Training

 

Storytelling, by Ira Mickenberg, from 2007 Appellate Advocacy Training

 

Storytelling Genres, by Ira Mickenberg, from 2007 Appellate Advocacy Training

  Thirty-Four Brief Points about Appellate Advocacy in Criminal Cases, by Staples Hughes
  Writing the Facts, by Ira Mickenberg, from 2007 Appellate Advocacy Training

 

Writing the Legal Argument, by Ira Mickenberg, from 2007 Appellate Advocacy Training

Capacity to Proceed [See also Mental Health Issues]

  Defender Manual, Ch. 2
  Incapacity, Insanity, and Involuntary Commitment from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases

 

Incapacity, Insanity, and Involuntary Commitment Slides from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases

Capital Cases
  The Ethics of Pursuing Pleas in Capital Litigation, by Mark Rabil and Kim Stevens, from 2006 Spring Public Defender Conference

Civil Commitment [See also Mental Health Issues]

 

Basic Evidence Procedures from 2004 Civil Commitment Conference

 

Commitment Case Law from 2004 Civil Commitment Conference

  Civil Commitment Manual, by Lou A. Newman, John Rubin, and Dorothy T. Whiteside

 

Expunction of Records from 2004 Civil Commitment Conference

 

Firearms Consequences from 2004 Civil Commitment Conference

  Incapacity, Insanity, and Involuntary Commitment from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases
  Incapacity, Insanity, and Involuntary Commitment Slides from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases

 

Mental Illness from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases

 

Preserving the Record from 2004 Civil Commitment Conference

Collateral Consequences

 

Expunction of Records from 2004 Civil Commitment Conference

 

Federal Consequences from 2004 New Felony Defender Program

  Federal Gun Law -- Paper from the 2005 Spring Public Defender Conference
  Federal Gun Law -- Slides from the 2005 Spring Public Defender Conference

 

Firearms Consequences from 2004 Civil Commitment Conference

  Immigration Consequences, from the 2005 New Misdemeanor Defender Program
  Immigration Consequences Manual, by Sejal Zota and John Rubin

 

Immigration Consequences of Criminal Convictions from Kicking It Up a Notch in Appointed Criminal Cases, April 2003

 

License Revocations from 2005 New Misdemeanor Defender Program

 

Revocation and Forfeitures Overheads from 2005 New Misdemeanor Defender Program

  State/Federal Interplay, by Tom Cochran, from 2007 Fall Public Defender Seminar

 

Vehicle Forfeiture from New Misdemeanor Defender Program, October 2005

Confessions [See also Suppression Motions]

  Suggested Protocol for Client Interviewing in Confession Cases, by Steven Drizin and Deja Vishny, from Spring Public Defender Conference, May 2007
  Why People Confess, by Steven Drizin, from Spring Public Defender Conference, May 2007

Confidential Informants

 

Confidential Informants, Defective Process, and Post-Trial Motions from Motions Practice Seminar, April 2005

 

Sample Motions from Motions Practice Seminar, April 2005

Defenses

  Bars and Defenses Checklist, by Alyson Grine, from 2007 New Misdemeanor Training Program

 

Defenses Overheads from 2004 New Felony Program

 

Diminished Capacity Memorandum from 2004 New Felony Program

 

Voluntary Intoxication Memorandum from 2004 New Felony Program

Discovery [See Also Motions Practice]

  Client Records Related to Mental Health Issues from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases

 

Defender Manual, Ch. 4

  Developing an Investigation and Discovery Plan (Slides), by Mike Klinkosum, from 2008 New Felony Defender Training
  Discovery Legislation, by John Rubin, from 2008 New Felony Defender Training

 

Getting the Information You Need from Kicking It Up a Notch in Appointed Criminal Cases, April 2003

  Getting Police Personnel Records: Motions and Orders, by Maitri "Mike" Klinkosum, from 2006 Spring Public Defender Conference
  Motion for Preservation of Evidence (Sample Motion), from 2008 New Felony Defender Training
  New Discovery Statute and Other Legislation from Motions Practice Seminar, April 2005
  The New Discovery Law from the 2005 Spring Public Defender Conference
  A Practical Guide to Brady Motions, by Ira Mickenberg, by 2008 New Felony Defender Training
  Request and Motion for Discovery (Sample Motion), from 2008 New Felony Defender Training
  Third-Party Discovery, by John Rubin, from 2008 New Felony Defender Training

District Court, Generally

 

Defending Against Everything Else from 2005 New Misdemeanor Program

 

District Court Motions from Motions Practice Seminar, April 2005

Domestic Violence
  Handling Domestic Violence Cases from 2005 New Misdemeanor Defender Program
  Thompson Motion from 2005 New Misdemeanor Defender Program
Drug Offenses
  Case and Legislative Update, by John Rubin, from 2007 Fall Public Defender Seminar
  Drug Cases--Facing the Inevitable: Ethical Issues in Drug Cases from How to Defend a Drug Case, December 2003
  Drug Dogs, by LeAnn Melton, from 2007 Fall Public Defender Seminar

 

Drug Offenses--The Initial Interview from How to Defend a Drug Case, December 2003

 

Drug Offenses--Succeeding at Sentencing from How to Defend a Drug Case, December 2003

 

Drug Offenses--Preparing to Cross Examine the Snitch from How to Defend a Drug Case, December 2003

 

Drug Offenses--Attacking the State’s Science from How to Defend a Drug Case, December 2003

  Problems with Lay Identification of Marijuana, by Fred Whitehurst, from 2007 Fall Public Defender Seminar
  Statewide Resources Database, by IDS, from 2007 Fall Public Defender Seminar
  What Constitutes Possession of a Controlled Substance, by James "Butch" Williams, Jr., from 2007 Fall Public Defender Seminar

Ethics

  Advocacy and Ethics: Prosecutorial Misconduct and the Role of the Defense Attorney, by Rich Rosen, from 2006 Spring Public Defender Conference
  Drug Cases--Facing the Inevitable: Ethical Issues in Drug Cases from How to Defend a Drug Case, December 2003
  Dealing With Conflicts in Criminal Defense Representation, by John Rubin, from 2007 Spring Public Defender Conference
  Ethical Issues Faced by Counsel in Ch. 7B Proceedings, by Maitri "Mike" Klinkosum, from Helping Parents Help Themselves in Changing Courts, December 2005
  Ethical Issues in Dealing with Clients with Mental Disabilities from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases
  Ethics--Basic Principles from 2003 New Felony Defender Program

 

Ethics--Ethics Issues in Working with Challenging Clients from Kicking It Up a Notch in Appointed Criminal Cases, April 2003

  Ethics from the 2003 New Misdemeanor Defender Program
  The Ethics of Pursuing Pleas in Capital Litigation, by Mark Rabil and Kim Stevens, from 2006 Spring Public Defender Conference

 

Professionalism in the Workplace from the 2005 Spring Public Defender Conference

Evidence [For Forensics issues, see Forensics]

 

Child Evidence Issues, by John Rubin

  Circle the Wagons from Defending Child Sexual Abuse Cases, October 2004
  Crawford v. Washington: Confrontation One Year Later, by Jessica Smith, from 2006 Spring Public Defender Conference
  Crawford, Confrontation, and Testimonial Statements from the 2005 Spring Public Defender Conference

 

Crawford Flow Chart, by John Rubin

  Emerging Issues in Confrontation Litigation: A Supplement to Crawford v. Washington: Confrontation One Year Later, by Jessica Smith, from 2007 Spring Public Defender Conference

 

Evidence--Recurring Issues from 2004 New Felony Defender Program

 

Evidence--Basic Procedures from the 2003 New Felony Defender Program

  Evidence Blocking, by Jonathan Rapping, from 2008 New Felony Defender Training
  Evidence Issues: Child Evidence Issues Overheads from 2003 TPR Training
  Inadmissible Opinion Testimony from Defending Child Sexual Abuse Cases, October 2004

 

Supplement to: Crawford v. Washington: Confrontation One Year Later, by Jessica Smith, from 2006 Spring Public Defender Conference

Experts and Other Assistance

  Challenging SBI Tests, Lab Reports, and Experts -- Paper from the 2005 Spring Public Defender Conference
  Challenging SBI Tests, Lab Reports, and Experts -- Slides from the 2005 Spring Public Defender Conference

 

Defender Manual, Ch. 5

 

Dealing with the Child Interview, the Assessment and the Expert from Defending Child Sexual Abuse Cases, October 2004

 

Dealing with Their Experts--Cross Examination in Child Sex Abuse Cases from the 2004 New Felony Defender Program

 

Dealing with Their Experts--Cross Examination of Experts in General from the 2003 New Felony Defender Program

 

Dealing with Their Experts--Cases on Expert Testimony from the 2004 New Felony Defender Program

  Ex Parte Motion and Order for Funds for an Expert Witness, by Susan Brooks, from 2006 Spring Public Defender Conference

 

Expert Testimony in Child Sexual Abuse Cases from Defending Child Sexual Abuse Cases, October 2004

 

Experts for the Other Side from 2004 Defending DSS Cases

 

Getting Experts--Outline from 2004 New Felony Defender Program

 

Getting Experts--Motion from 2004 New Felony Defender Program

 

Getting Experts--Release from 2004 New Felony Defender Program

 

Inadmissible Opinion Testimony from Defending Child Sexual Abuse Cases, October 2004

 

Junk Science in Child Sexual Abuse Cases -- Overheads from Defending Child Sexual Abuse Cases, October 2004

  Mental Health Experts from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases

 

Ten Commandments of Experts from Kicking It Up a Notch in Appointed Criminal Cases, April 2003

 

Ten Commandments of Experts--Slides from Kicking It Up a Notch in Appointed Criminal Cases, April 2003

Eyewitnesses
  Eyewitness Identification from the 2005 Spring Public Defender Conference
  Eyewitness Testimony, by Gary Wells and Elizabeth Olson, from 2006 Spring Public Defender Conference
  North Carolina Actual Innocence Commission Recommendations for Eyewitness Identification, from 2006 Fall Public Defender Seminar
  A Sample of Witness, Crime, and Perpetrator Characteristics Affecting Eyewitness Identification Accuracy, by Brian Cutler, previously printed in the Cardozo Public Law, Policy and Ethics Journal, Volume Four, Page 327, Issue Two: 2006, from 2006 Fall Public Defender Seminar
Forensics
  Ballistics Testing: Bang....Now What?, by Fred Whitehurst, from 2006 North and South Carolina Public Defender Investigators Conference
  Challenging SBI Tests, Lab Reports, and Experts -- Paper from the 2005 Spring Public Defender Conference
  Challenging SBI Tests, Lab Reports, and Experts -- Slides from the 2005 Spring Public Defender Conference
  Digital Forensics, by Larry Daniel, from 2006 North and South Carolina Public Defender Investigators Conference
  DNA Evidence from Defending Child Sexual Abuse Cases, October 2004
  Don't Take DNA for an Answer, by Mark Rabil, from 2006 Fall Public Defender Seminar
  How Not to Give up in the Face of DNA Evidence, by Buddy Conner, from 2006 Fall Public Defender Seminar
  Motion for Disclosure of DNA Testing Procedures, Protocols & Data, from 2006 Fall Public Defender Seminar
  Motion to Suppress DNA Evidence from Armrest of Defendant's Vehicle, by Lisa Dubs and Mark Rabil, from 2006 Fall Public Defender Seminar
  Order for DNA Testing, from 2006 Fall Public Defender Seminar
  Order to Preserve Blood Evidence and Notes, from 2006 Fall Public Defender Seminar
  Overview of Forensic DNA Typing, Challenges and its Future, by Khalid Lodhi, from 2006 Fall Public Defender Seminar
  Perimacular Retinal Folds from Childhood Head Trauma, by Patrick Lantz, from 2006 Fall Public Defender Seminar
  Standards on DNA Evidence, by the Criminal Justice Section of the American Bar Association, from 2006 Fall Public Defender Conference

Gangs

 

Crews, Cliques, Posses, Near Groups, and Criminal Street Gangs, by Steven Cureton, from 2007 Spring Public Defender Conference

Grand Jury Proceedings

 

Defender Manual, Ch. 9

Guardianship

  Guardianship Manual, by John L. Saxon
  Determining Incompetency and Appointing a Guardian (Slides), by Kate Mewhinney, from 2008 Guardianship Training
  Medical Assessment of Incompetency (Slides), by Dr. Mick Hill, from 2008 Guardianship Training

 

The Role & Responsibilities of Court-Appointed Lawyers in Guardianship Proceedings -- October 2005 (reproduced with the permission of Professor John L. Saxon, School of Government)

Guilty Pleas

 

Defender Manual, Ch. 21

Habitual Felon

 

Habitual Felon--Gomez Paper from the 2003 New Felony Defender Program

 

Habitual Felon--Cunningham Paper from the 2003 New Felony Defender Program

 

Habitual Felon--Overheads from the 2004 New Felony Defender Program

 

Habitual Felon--Checklist from the 2004 New Felony Defender Program

  Habitual Felon Prosecutions: The Bad, the Ugly and the Maybe, by Paul James, from 2006 Spring Public Defender Conference

Immigration

  Immigration Consequences, from the 2005 New Misdemeanor Defender Program
  Immigration Consequences Manual, by Sejal Zota and John Rubin

 

Immigration Consequences of Criminal Convictions, from Kicking It Up a Notch in Appointed Criminal Cases, April 2003

  Immigration Consequences of Criminal Offenses: Terms and Resources, by Kaci Bishop, from 2006 Spring Public Defender Conference
  Immigration Consequences of Drug Offenses, by Sejal Zota, from 2007 Fall Public Defender Seminar
Impaired Driving
  Challenging DWI Detection and Field Sobriety Test Results, by Tami Marano, from 2007 Spring Public Defender Conference
  Checkpoints after State v. Rose: How to Suppress a DWI Arrest that Originates as a Stop at a Checkpoint, by Chuck Alexander, from 2006 Spring Public Defender Conference
  Defense of DWI's, by Linda Klein, from 2006 New Misdemeanor Defender Training

 

DWI Checklist from 2005 New Misdemeanor Defender Program

  DWI Vehicle Seizure and Forfeiture, by Jim Drennan, from 2006 New Misdemeanor Defender Training
  Summary of DWI Omnibus Bill - 2006 (as amended by 2007 legislation) (reproduced with the permission of Professor Jim Drennan, School of Government)

Interviewing and Investigating

 

Client Interviewing, by Melissa Woods, from 2006 New Misdemeanor Defender Trainin

  Looking for a Needle in a Haystack from Defending Child Sexual Abuse Cases, October 2004

 

Sample Interview Sheet from 2005 New Misdemeanor Defender Program

Joinder and Severance

 

Defender Manual, Ch. 6

Juries

 

Defender Manual, Ch. 22: Right to Jury

  Defender Manual, Ch. 23: Selection of Jury
  Jury Selection Questions, by Mike Howell, from 2007 Defender Trial School

Jurisdiction

 

Defender Manual, Ch. 10

Juvenile Delinquency Proceedings

  For additional materials, see Juvenile Training & Seminars
  2005 Legislation: Juvenile Law, by Janet Mason, from Helping Parents Help Themselves in Changing Courts,
December 2005
  Special Considerations for Youthful Offenders from 2004 Fall Public Defender Conference
  Special Education Issues from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases
  Special Education Slides from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases
Mental Health Issues
  Autism from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases
  Civil Commitment Manual, by Lou A. Newman, John Rubin, and Dorothy T. Whiteside
  Client Records Related to Mental Health Issues from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases
  Cognitive Disabilities from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases
  Cognitive Disabilities Slides from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases
  Determining Incompetency and Appointing a Guardian (Slides), by Kate Mewhinney, from 2008 Guardianship Training
  Diminished Capacity Memorandum from 2004 New Felony Defender Program
  Ethical Issues in Dealing with Clients with Mental Disabilities from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases
  Guardianship Manual, by John L. Saxon
  Incapacit