Program Title. Presenting Inn Inn Number. Inn City Inn State. Contact Person Phone. Address

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1 Sectin Header Prgram Submissin Frm Prgram Title Date Presented Inn Year Presenting Inn Inn Number Inn City Inn State Cntact Persn Phne Address Please cnsider this prgram fr the Prgram Awards: Yes N This prgram is being submitted fr Achieving Excellence: Yes N (Submit within 60 days f presentatin.) Prgram Summary: Be cncise and detailed in summarizing the cntent, structure, and legal fcus f yur prgram. Please attach additinal sheets if necessary. Prgram Materials: The fllwing materials checklist is intended t insure that all the materials that are required t restage the prgram are included in the materials submitted t the Fundatin ffice. Please check all that apply and include a cpy f any f the existing materials with yur prgram submissin: Script Articles Citatins f Law Legal Dcuments Fact Pattern List f Questins Handuts PwerPint Presentatin CD DVD Other Media (Please specify) Specific Infrmatin Regarding the Prgram: Number f participants required fr the prgram Has this prgram been apprved fr CLE? Yes N Which state s CLE? Hw many hurs? Pending Apprved Recmmended Physical Setup and Special Equipment: i.e., DVD and TV, black bard with chalk, easel fr diagrams, etc. Cmments: Clarify the prcedure, suggest additinal ways f perfrming the same demnstratin, r cmment n Inn members respnse regarding the demnstratin. THIS FORM IS ALSO AVAILABLE FOR DOWNLOAD ON OUR WEBSITE:

2 Prgram Submissin Frm Rles: List the exact rles used in the demnstratin and indicate their membership categry; i.e., Pupil, Assciate, Barrister r Master f the Bench. Rle Membership Categry Agenda f Prgram: List the segments and scenes f the demnstratin and the apprximate time each item tk; i.e., Intrductin by judge (10 minutes). Item Time Prgram Awards: Please cmplete this sectin nly if the prgram is being submitted fr cnsideratin in the Prgram Awards. Describe hw yur prgram fits the Prgram Awards Criteria: Relevance: Hw did the prgram prmte r incrprate elements f ur missin? (T Fster Excellence in Prfessinalism, Ethics, Civility, and Legal Skills) Entertaining: Hw was the prgram captivating r fun? Creative and Innvative: Hw did the prgram present legal issues in a unique way? Educatinal: Hw was the prgram interesting and challenging t all members? Easily Replicated: Can the prgram be replicated easily by anther Inn? Yes N This prgram is: Original Replicated Questins: Please cntact prgram library staff at (703) r by at prgramlibrary@innsfcurt.rg. Please include ALL prgram materials. The cmmittee will nt evaluate incmplete prgram submissins. Prgram_Submissin_Frm.indd [Rev. 3/2015]

3 Herbert K. Gldburg- Rnald K. Cacciatre Criminal Law American Inn f Curt Cntinuing Legal Educatin Curriculum Executive Summary The Herbert K. Gldburg- Rnald K. Cacciatre Criminal Law American Inn f Curt ( Gldburg-Cacciatre Inn f Curt ) fcuses n criminal law matters in bth State and Federal Curt. We have attempted t hnr the missin and visin f the Inn f Curt mvement in ur meetings ver dinner and in ur cmmunity service. Our apprach is grunded in the tenets f the Natinal American Inn Of Curt as described belw: Visin A legal prfessin and judiciary dedicated t prfessinalism, ethics, civility and excellence. Missin The American Inns f Curt inspire the legal cmmunity t advance the rule f law by achieving the highest level f prfessinalism thrugh example, educatin and mentring. 1 In respnse t the abve, we have accrdingly designed a CLE Curriculum spanning a tw-year perid incrprating the pillars f the Inn f Curt mvement. Since we are criminal law practitiners, we carefully decnstructed the critical aspects f pre-trial, trial, pst-cnvictin and preservatin. During the previus Inn year ( ) Inn, we fcused n the pre-trial matters as shwn belw: 1. Grand Jury Overview 2. Warrants 3. Discvery Obligatins and Reciprcity 4. Mtin Practice (fr example) 5. Cmmunicatin (ethics) 6. Pleas This prgramming was immensely successful and very well received. We chse t cntinue with ur theme f a criminal trial. In additin t the substantive law, the prgrams cntained an ethics discussin as well as an illustratin f a rule f criminal r appellate prcedure. Certainly, the previus years presentatins have included bth ethics and appellate r criminal law rules, but the inclusin f either was histrically left up t the varius prgram leads. In this year s schedule, we assigned these elements t each grup. Each prgram (with the exceptin f the Supreme Curt Overview prvided by a law prfessr) cntained three parts: Substantive Law Examinatin f the applicable criminal law 1

4 The Rule (Criminal r Appellate) Understanding Criminal Prcedure. Is this preserved fr appeal? The Prfessinal Practice - What ethical issues are in play? Prgram Summary 1. Jury Selectin - Batsn Overview Discussin f Fster v. Chatman, 578 U.S. (2016) Supreme Curt Update (Prfessr Michael Allen, Stetsn University Cllege f Law ) 3. Opening Statements Theme f the Case Overview f the Evidence Ethical cnsideratins A lawyer shall nt knwingly make a false statement f material fact. Rule 3.4(e)(1): A lawyer may nt allude t any matter that the lawyer des nt reasnably believe is relevant r that will nt be supprted by admissible evidence A lawyer shall nt assert persnal knwledge f facts in issue. Rule 3.4(e)(3): A lawyer may nt state a persnal pinin as t the justness f the cause, the credibility f a witness, the culpability f a civil litigant r the guilt r inncence f the accused. Rule 3.4 als prhibits a lawyer frm knwingly disbey[ing] an bligatin under the rules f a tribunal. 4. Presentatin f Evidence Direct and Crss Examinatin Direct Examinatin Crss Examinatin Ethics - suggestin - Lawyers cmmunicating with witnesses during testimny (lunch breaks, etc. F.S ) Brady v. Maryland cntinuing bligatin 5. Clsing Arguments and Jury Instructins Facts and Evidence (what it shwed, didn t shw) Recrd evidence required t call a witness a liar in State and Federal Curt in clsing arguments frm Craig v. State, 510 S. 2d 857 (Fla. 1987). (e.g., Hendersn v. State, 727 S. 2d 284, 285 (Fla. 2d D.C.A. 1999), rev'd n ther grunds, Washingtn v. State, 752 S. 2d 16 (Fla. 2d D.C.A. 2000) etc. Right t Remain Silent / Demeanr f Defendant Shifting the Burden Imprper Statements f the Law. Misstating r Mischaracterizing the Evidence. Currying favr with the Jury Vuching fr a Witnesses r Stating Persnal Beliefs. Imprperly Seeking Prejudice, Sympathy r Passin Glden Rule.

5 SEE FL Rule 4-3.4(e) prhibits attrneys frm making statements f persnal pinin as t the justness f a cause, the credibility f a witness, the culpability f a civil litigant, r the guilt r inncence f an accused. If we have time - fr Jury instructins (prcess, preparing, getting t judge typically can be scheduled fr Fridays) 6. After the Verdict Sentencing Memrandum (dwnward departure, dwnward variance) Sentencing hearing Develping Mitigatin Dealing with BOP/DOC Ethics f allegatins f ineffective assistance f cunsel 7. Justice Games (All f the Inn f Curts in Tampa get tgether fr a night f legal trivia. It is a well attended event.) ames.wrdpress.cm 8. Cmmunity Service Prject (Nt nly d ur Inn members perfrm a significant amunt f pr bn service in their individual capacities, the Inn has a pupilage grup assigned t d pr bn.)

6 Sme f the members f ur Inn f Curt after the presentatin f the Justice Games Cup. Please nte, the members are dressed in cstumes apprpriate fr the mvie theme f The Untuchables. This year s Justice Games was held at the Tampa Theater, it was well attended and a huge success.

7 T: All Members f the HERBERT G. GOLDBURG & RONALD K. CACCIATORE CRIMINAL LAW AMERICAN INN OF COURT Frm: The Executive Cmmittee Re: Curse infrmatin fr C.L.E. credit during the Inn year as apprved by The Flrida Bar. Date: June 20, 2017 Dear All, Please find belw the AMENDED Curse Numbers, Date and Accreditatin infrmatin as apprved by The Flrida Bar frm the presentatins during the Inn year. If yu have any questins, please d nt hesitate t J Ann Palchak at jpalchak@palchaklaw.cm wh handled the CLE accreditatin prcess fr ur Inn. COURSE NO. DATE TITLE - Level TYPE CREDIT N 10/10/2016 Supreme Curt General 1.0 Review Certificatin 1.0* N 11/7/2016 Jury Selectin General 1.0 Intermediate Ethics N 1/09/2017 Opening Statements Intermediate N 2/6/2017 Presentatin f Evidence Intermediate Certificatin 1.0* General 1.0 Ethics 1.0 Certificatin 1.0* General 1.0 Certificatin 1.0* N 3/6/2017 Clsing Arguments and Jury Instructins Intermediate N 4/3/2017 After the Verdict (Sentencing, Mtins and Pst- Cnvictin) Intermediate General 1.0 Ethics 1.0 Certificatin 1.0* General 1.0 Ethics 1.0 Certificatin 1.0* *Certificatin Credits This credit may be applied twards Criminal Appellate, Criminal Trial and Juvenile Law certificatin.

8 Herbert G. Gldburg Rnald K. Cacciatre Criminal Law American Inn f Curt Grup Presentatins Grup 7 (Judge Perrne) Supreme Curt Review Octber 10, 2016 Grup 5 (Judge Scinti) Jury Selectin Nvember 7, 2016 Grup 6 (Judge Twine Thmas) Opening Statements January 9, 2017 Grup 8 (Judge Farr) Presentatin f Evidence February 6, 2017 (Direct, Crss, Rebuttal) Grup 4 (Judge Mdy) Clsing Arguments & March 6, 2017 Jury Instructins Grup 9 (Judge Ficarrtta) After the Verdict April 3, 2017 (Sentencing, Mtins, Pst-Cnvictin) Grup 3 (Judge Williams) The Justice Games May 2017 Grup 2 (Judge Cvingtn) Cmmunity Service Prject TBD

9 CLE APPLICATION COURSE INFORMATION HERBERT G. GOLDBURG-RONALD K. CACCIATORE CRIMINAL LAW INN OF COURT Date: Octber 10, 2016 Title: Supreme Curt Review A Lk Back and a Peek Ahead Descriptin: An verview f the Supreme Curt Cases frm the last term and thse scheduled fr this term. Prfessr Allen fcused n the cases with criminal law underpinnings particularly the death penalty cases. Presented by: HERBERT G. GOLDBURG-RONALD K. CACCIATORE CRIMINAL LAW INN Pupilage Grup 7 [In the Inn, each pupilage grup has a judge as a pupilage leader and is cmprised f attrneys wh practice criminal law. Each pupilage grup includes Masters f the Bench, Barristers and Pupils (see bylaws fr descriptins, attached). CLE instructin is prvided by Masters f the Bench and Barristers fr the pupilage grup, alng with ther Inn members r guest speakers as needed.] Grup 7 Prfessr Michael Allen Stetsn University Cllege f Law The Hn. Frances Perrne 13 th Judicial Circuit Lead Presenter: Attachment: Prfessr Michael Allen, Stetsn University Cllege f Law Prfessr Allen s Outline Supreme Curt Review Lk Back and Peek Ahead

10 JOHN F. HARKNESS, JR. EXECUTIVE DIRECTOR THE FLORIDA BAR 651 EAST JEFFERSON STREET TALLAHASSEE, FL / Certificate f Accreditatin fr Cntinuing Legal Educatin June 14, 2017 Gldberg Cacciatre Inn f Curt J Ann Palchak 1725 E 7th Ave Ste 6 Tampa, FL Reference Number: N Title: Supreme Curt Review, a Lk Back & a Peek Ahead Level: Intermediate Apprval Perid: 10/10/ /10/2018 CLE Credits General 1.0 Certificatin Credits Criminal Appellate Law 1.0 Criminal Trial Law 1.0 Juvenile Law 1.0 Please prvide the attendees the abve reference number s they may g nline t t reprt their cmpletin f this prgram.

11 CLE APPLICATION COURSE INFORMATION HERBERT G. GOLDBURG RONALD K. CACCIATORE CRIMINAL LAW INN OF COURT Curse Date: Nvember 7, 2016 Title: Jury Selectin, Relevant Rules and Ethical Cnsideratins. Curse Descriptin: This presentatin f almst 70 slides was a lengthy and thrugh verview f the jury selectin prcess in terms f the cntrlling statutes and prcedural rules. The pupilage grup explained the use f challenges bth fr cause and preemptry. Ethical cnsideratins can arise when strikes are questined. Fine details f jurr examinatin were explained with particular attentin t preservatin issues. Other issues included disqualificatin and the imprtance f prtecting the jurr deliberative prcess. Jurr rehabilitatin, jurr miscnduct (ethical duty t infrm the curt) and the bjectin prcess were explred as well. The questin and answer perid was very rbust as the presentatin cntains several scenaris inviting audience respnse. Presented by: Herbert G. Gldburg Rnald K. Cacciatre Criminal Law Inn f Curt, Pupilage Grup 5 [Each pupilage grup has a judge as a pupilage leader and is cmprised f attrneys wh practice criminal law. Each pupilage grup includes Masters f the Bench, Barristers and Pupils (see bylaws fr descriptins, attached). CLE instructin is prvided by Masters f the Bench and Barristers fr the pupilage grup, alng with ther Inn members r guest speakers as needed.] The Hnrable Judge Scinti leader f Grup 5 13 th Judicial Circuit Lead Presenter: This appeared t be a grup effrt with all members f pupilage grup participating. Attached: Jury Selectin PDF

12 JOHN F. HARKNESS, JR. EXECUTIVE DIRECTOR THE FLORIDA BAR 651 EAST JEFFERSON STREET TALLAHASSEE, FL / Certificate f Accreditatin fr Cntinuing Legal Educatin June 14, 2017 Gldberg Cacciatre Inn f Curt J Ann Palchak 1725 E 7th Ave Ste 6 Tampa, FL Reference Number: N Title: Jury Selectin Level: Intermediate Apprval Perid: 11/07/ /07/2018 CLE Credits General 1.0 Ethics 1.0 Certificatin Credits Criminal Appellate Law 1.0 Criminal Trial Law 1.0 Juvenile Law 1.0 Please prvide the attendees the abve reference number s they may g nline t t reprt their cmpletin f this prgram.

13 CLE APPLICATION COURSE INFORMATION HERBERT GOLDBURG CRIMINAL LAW INN OF COURT Curse Date: January 9, 2017 Title: Opening Statements Curse Descriptin: This prgram explred pening statements in the cntext f a criminal trial. It explained hw pening statements prvide an pprtunity fr prsecutrs and defense attrneys t cntinue reinfrce their respective themes. As explained in the presentatin, attrneys fr bth sides may use pening statements t prvide the jury (r judge in a bench trial) with a radmap f the anticipated evidence. This presentatin was largely cncerned with ethical cnsideratins. Varius Rules were cvered and lively discussin fllwed. Judge Twine Thmas Grup did an incredible jb prviding examples in bth state and federal curt where the prfessinal rules restrain ptential issues. Between the film clips and the case law prvided, the presentatin was a great verview and immensely well received. The prgram als cautined practitiners abut credibility issues in circumstances where prpsed evidence falls shrt f what was suggested by either side. Last, the prgram prvided tips n theme, preparatin. Presented by: Herbert Gldburg Criminal Law Inn f Curt, Pupilage Grup 6 [Each pupilage grup has a judge as a pupilage leader and is cmprised f attrneys wh practice criminal law. Each pupilage grup includes Masters f the Bench, Barristers and Pupils (see bylaws fr descriptins, attached). CLE instructin is prvided by Masters f the Bench and Barristers fr the pupilage grup, alng with ther Inn members r guest speakers as needed.] Grup 6 leader: The Hn. Barbara Twine Thmas Presenters: This presentatin was truly a grup effrt f Pupilage Grup 6. Andringa, Sctt; Bedell, Gerge; Krigsman, Cherie; Butash, Michael Gerrard; Eric Kudia; Je; Lazzar, Paul; Little, David; Schinka, Jhn; Terry, Jhn; and Martinez, Sebastian Attached: Pwerpint Opening Statements

14 JOHN F. HARKNESS, JR. EXECUTIVE DIRECTOR THE FLORIDA BAR 651 EAST JEFFERSON STREET TALLAHASSEE, FL / Certificate f Accreditatin fr Cntinuing Legal Educatin June 16, 2017 Gldberg Cacciatre Inn f Curt J Ann Palchak 1725 E 7th Ave Ste 6 Tampa, FL Reference Number: N Title: Opening Statements Level: Intermediate Apprval Perid: 01/09/ /09/2018 CLE Credits General 1.0 Ethics 1.0 Certificatin Credits Criminal Appellate Law 1.0 Criminal Trial Law 1.0 Juvenile Law 1.0 Please prvide the attendees the abve reference number s they may g nline t t reprt their cmpletin f this prgram.

15 CLE APPLICATION COURSE INFORMATION HERBERT G. GOLDBURG RONALD K. CACCIATORE CRIMINAL LAW INN OF COURT Curse Date: February 6, 2017 Title: Presentatin f Evidence Curse Descriptin: Cntinuing with ur theme f a criminal trial, we examined the presentatin f evidence t the finder f fact. Accrdingly, prsecutrs, defense attrneys and jurists discussed the prper presentatin f evidence, including the ethical cnsideratins arising in the discvery prcess and in dealing with (timely disclsure) f experts. A lively questin and answer tk place cncerning the ethical cnsideratins questining witnesses, fairness t party ppnent, etc. This nicely dvetailed int Mr. Tdd Fster s presentatin f crss examinatin tips and techniques is attached. Presented by: Herbert Gldburg Rnald Cacciatre Criminal Law Inn f Curt, Pupilage Grup 8 [Each pupilage grup has a judge as a pupilage leader and is cmprised f attrneys wh practice criminal law. Each pupilage grup includes Masters f the Bench, Barristers and Pupils (see bylaws fr descriptins, attached). CLE instructin is prvided by Masters f the Bench and Barristers fr the pupilage grup, alng with ther Inn members r guest speakers as needed] The Hn. Sctt Farr 13 th Judicial Circuit Leader f Pupilage Grup 8 Attached: Mr. Tdd Fster, Esq. The Fster Law Grup Pwerpint - Crss Examinatin

16 JOHN F. HARKNESS, JR. EXECUTIVE DIRECTOR THE FLORIDA BAR 651 EAST JEFFERSON STREET TALLAHASSEE, FL / Certificate f Accreditatin fr Cntinuing Legal Educatin June 14, 2017 Gldberg Cacciatre Inn f Curt J Ann Palchak 1725 E 7th Ave Ste 6 Tampa, FL Reference Number: N Title: Presentatin f Evidence (Direct, Crss & Rebuttal Level: Intermediate Apprval Perid: 02/06/ /06/2018 CLE Credits General 1.0 Certificatin Credits Criminal Appellate Law 1.0 Criminal Trial Law 1.0 Juvenile Law 1.0 Please prvide the attendees the abve reference number s they may g nline t t reprt their cmpletin f this prgram.

17 CLE APPLICATION COURSE INFORMATION HERBERT G GOLDBURG RONALD K. CACCIATORE CRIMINAL LAW INN OF COURT Curse Date: March 6, 2017 Title: Clsing Arguments and Jury Instructins Curse Descriptin: Relying upn the prfessinal rules and case law, this prgram cntained significant ethics discussin n the fllwing tpics: (1) The recrd evidence required t call a witness a liar in State and Federal Curt in clsing arguments. Craig v. State, 510 S. 2d 857 (Fla. 1987). (e.g., Hendersn v. State, 727 S. 2d 284, 285 (Fla. 2d D.C.A. 1999), rev'd n ther grunds, Washingtn v. State, 752 S. 2d 16 (Fla. 2d D.C.A. 2000); (2) Right t Remain Silent / Demeanr f Defendant and aviding shifting the burden t the defendant; (3) Imprper Statements f the Law; (4) Misstating r Mischaracterizing the Evidence; (5) Currying favr with the Jury; (6) Vuching fr a Witnesses; (7) Stating Persnal Beliefs and (8) Imprperly Seeking Prejudice, Sympathy r Passin. The presenters explained the Glden Rule and cvered FL Rule 4-3.4(e) which prhibits attrneys frm making statements f persnal pinin as t the justness f a cause, the credibility f a witness, the culpability f a civil litigant, r the guilt r inncence f an accused. The grup pinted the audience t the nline jury instructins (attached) and hw they functin as a radmap at the beginning f trial and then guide the jury at the end. Als, the grup explained the prcess f preparing and getting the jury instructins t the judge well in advance f use. The grup finalized their presentatin with the D s and Dn t s f Clsing (attached). Presented by: Herbert G. Gldburg-Rnald K. Cacciatre Criminal Law Inn f Curt, Pupilage Grup 4. [Each pupilage grup has a judge as a pupilage leader and is cmprised f attrneys wh practice criminal law. Each pupilage grup includes Masters f the Bench, Barristers and Pupils (see bylaws fr descriptins, attached). CLE instructin is prvided by Masters f the Bench and Barristers fr the pupilage grup, alng with ther Inn members r guest speakers as needed.] Lead Presenter: Grup 4 Pupilage was all very invlved. Attachments: Handut n the D s and Dn t s, Online Jury Instructins Grup 4 leader: The Hnrable Judge Ashley Mdy

18 JOHN F. HARKNESS, JR. EXECUTIVE DIRECTOR THE FLORIDA BAR 651 EAST JEFFERSON STREET TALLAHASSEE, FL / Certificate f Accreditatin fr Cntinuing Legal Educatin June 14, 2017 Gldberg Cacciatre Inn f Curt J Ann Palchak 1725 E 7th Ave Ste 6 Tampa, FL Reference Number: N Title: Clsing Arguments & Jury Instructins Level: Intermediate Apprval Perid: 03/06/ /06/2018 CLE Credits General 1.0 Ethics 1.0 Certificatin Credits Criminal Appellate Law 1.0 Criminal Trial Law 1.0 Juvenile Law 1.0 Please prvide the attendees the abve reference number s they may g nline t t reprt their cmpletin f this prgram.

19 CLE APPLICATION COURSE INFORMATION HERBERT G. GOLDBURG RONALD K. CACCIATORE CRIMINAL LAW INN OF COURT Curse Date: April 3, 2017 Title: After the Verdict, Develping Mitigatin, Sentencing, and Mtins fr Pst Cnvictin Relief. Curse Descriptin: An verview f the substantive, prcedural, and ethical issues surrunding the cnclusin f the trial, verdict and sentencing. The presentatin cvered the imprtance f a sentencing memrandum (i.e. fr dwnward departure, dwnward variance). The discussin included the imprtance f preparatin fr the sentencing hearing (as emtins can run high and it is very imprtant fr cunsel t be prepared and remain calm). The use f apprpriate witnesses and hw yu shuld nt wait until sentencing t develp mitigatin. Tips and techniques f interacting with the BOP/DOC were als presented. Pst-Cnvictin relief matters were als discussed. Presented by: Herbert G. Gldburg Rnald K. Cacciatre Criminal Law Inn f Curt, Pupilage Grup 9. Each pupilage grup has a judge as a pupilage leader and is cmprised f attrneys wh practice criminal law. Each grup includes Masters f the Bench, Barristers and Pupils (see bylaws fr descriptins, attached). CLE instructin is prvided by Masters f the Bench and Barristers fr the pupilage grup, alng with ther Inn members r guest speakers as needed.] Grup 9 leader: Presenters: The Hnrable Rnald Ficartta As the attached presentatin makes clear, this presentatin invlved all members f Grup 9. Attachments: Pwerpint After the Verdict r Plea, Develping Mitigatin

20 JOHN F. HARKNESS, JR. EXECUTIVE DIRECTOR THE FLORIDA BAR 651 EAST JEFFERSON STREET TALLAHASSEE, FL / Certificate f Accreditatin fr Cntinuing Legal Educatin June 16, 2017 Gldberg Cacciatre Inn f Curt J Ann Palchak 1725 E 7th Ave Ste 6 Tampa, FL Reference Number: N Title: After the Verdict (Sentencing, Mtins, Pst-Cnvi Level: Intermediate Apprval Perid: 04/03/ /03/2018 CLE Credits General 1.0 Ethics 1.0 Certificatin Credits Criminal Appellate Law 1.0 Criminal Trial Law 1.0 Juvenile Law 1.0 Please prvide the attendees the abve reference number s they may g nline t t reprt their cmpletin f this prgram.