| See Parent Representation Training Links | |
Appeals
|
|
| Appellate Rule 3A Resources | |
|
|
Appellate
Theory of Defense, by Ira Mickenberg |
|
|
Appellate
Writing, by Ira Mickenberg |
| Avoiding Controversy Over the Standard of Review, by Jane Allen, from Nuts and Bolts of Appellate Procedure, July 2006 | |
|
|
Brainstorming,
by Ira Mickenberg,
|
| How to Draft Assignments of Error, by Staples Hughes, from Nuts and Bolts of Appellate Procedure, July 2006 | |
|
|
Oral
Argument, by Ira Mickenberg,
|
| 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,
|
| Thirty-Four Brief Points about Appellate Advocacy in Criminal Cases, by Staples Hughes | |
| Writing
the Facts, by Ira Mickenberg,
|
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|
|
|
Capacity
to Proceed
|
|
| Defender Manual, Ch. 2 | |
| Incapacity, Insanity, and Involuntary Commitment 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
|
|
|
|
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 | |
|
|
|
|
|
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 |
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
|
|
| Client Records Related to Mental Health Issues from 2005 Fall Public Defender Conference, Mental Health Issues in Criminal Cases | |
|
|
|
| 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 |
|
|
|
| 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
|
|
|
|
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 | |
|
|
|
| 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 | |
|
|
|
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 | |
|
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|
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|
|
|
|
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 | |
|
|
|
|
|
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 |
|
|
|
|
|
|
| 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
|
|
|
|
|
Grand
Jury Proceedings
|
|
|
|
|
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 | |
|
|
|
Guilty
Pleas
|
|
|
|
|
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 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
|
|
|
|
|
Juries
|
|
|
|
|
| Defender Manual, Ch. 23: Selection of Jury | |
| Jury Selection Questions, by Mike Howell, from 2007 Defender Trial School | |
Jurisdiction
|
|
|
|
|
Juvenile
|
|
| 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 | |