Criminal Law Review & Board Certification Tips 2023

	Criminal Law Review & Board Certification Tips Comprehensive Virtual Seminar for State and Federal Law This seminar was held on April 20-21, 2023
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Course Materials/Audio Recording Rate: Includes handling, delivery via DropBox, audio recordings, digital materials, and information for posting CLE credits online.

CLE	The Florida Bar has approved General: 16.5 1.0 Ethics Certification Credits: 16.5 16.5 Criminal Trial Law 16.5 Criminal Appellate Law 16.5 State & Federal Government and Administrative Practice
		Expires October 31, 2024

Seminar Agenda
April 20, 2023

8:30-8:35am			Opening Remarks Diana Johnson, Assistant Public Defender, 4th Cir. & Co-CLE Chair
8:35-8:45am			Testing Tips Michael Ufferman, Michael Ufferman Law Firm & FACDL Past President
8:45-9:55am			Federal Procedure Sabrina Puglisi, Puglisi Law & Co-CLE Chair
9:55-10:40am			Defendant's Statements (5th & 6th Amendment) Judge Jenifer Harris, 9th Circuit & Ret. Judge Patrick Harris
10:40-10:50am			Break
10:50-11:35am			Defendant's Statements (5th & 6th Amendment) Continued
11:35-12:45pm			Lunch on your own
12:45-1:45pm			4th Amendment Judge Milton Hirsch, 11th Circuit Judge
1:45-2:45pm			Federal Appeals Jim Skuthan, Assistant Federal Defender, Middle District
2:45-2:55pm			Break
2:55-4:10pm			Federal Sentencing pt. 1 Jim Skuthan
4:10-4:20pm			Break
4:20-5:20pm			Federal Sentencing pt. 2 Jim Skuthan
5:20-5:50pm			Federal Sentencing Hypotheticals/Questions Jim Skuthan


April 21, 2023
8:30-8:35am			Opening Remarks Diana Johnson
8:35-9:45am			State & Federal Evidence Teresa Williams, Williams Litigation Group
9:45-10:35am			Ethics Update Richard Greenberg, Rumberger Kirk & FACDL Past President
10:35-10:45am			Break
10:45-12:00pm			Florida Case Law Update Denis deVlaming, deVlaming & Rivellini
12:00-1:00pm			Lunch on your own
1:00-2:05pm			State Criminal Appeals Michael Davis, Keuhne Davis Law
2:05-3:20pm			Florida Sentencing Kevin Hellman, Assistant Public Defender, 11th Cir.
3:20-3:40			Break
3:40-5:00			Florida Legislative & Rules Update Pete Mills, Assistant Public Defender, 10th Cir.

About the Speakers

	Michael Davis
			Michael Davis is a board-certified appellate specialist with Kuehne Davis Law, P.A. Davis’ practice areas include appellate and trial support, criminal defense, and civil rights law. A graduate of Stetson University, Davis began his appellate career successfully competing in moot court competitions. A former law clerk to U.S. District Court Judge Virginia M. Hernandez Covington, Davis joined the Appellate Division of the Miami-Dade Public Defender’s Office. Davis has argued before the Third DCA, the Florida Supreme Court, and the Eleventh Circuit Court of Appeals. He is a Board Certified in Appeals and is a regular CLE presenter on appellate practice. Davis serves as Secretary of the Stetson University Board of Trustees and is a Board member of his church, Bread of Life Community Church. He is also President of the Virgil Hawkins Chapter of the National Bar Association, President-Elect of the Florida Association of Criminal Defense Lawyers-Miami Chapter, Director for the Dade County Bar Association, and Member of the Board of Directors for the Innocence Project of Florida.

	Denis deVlaming
			Denis deVlaming received his bachelor’s degree in psychology from the Ohio State University in 1969. He graduated from Stetson University College of Law in St. Petersburg, Florida in 1972 and is now an adjunct professor there teaching “Advanced Criminal Trial Advocacy.” He is an active criminal trial lawyer as he has been all his career. He is the past president of the Florida Association of Criminal Defense Lawyers and is board certified in criminal trial law. He is an avid writer and lecturer in areas that affect the practice of criminal defense.

	Richard Greenberg
			Richard A. Greenberg, a partner with Rumberger Kirk in Tallahassee, concentrates his practice in the areas of professional responsibility, professional licensure defense, and criminal defense. The professional responsibility facet of his practice focuses on representing attorneys in grievance matters before The Florida Bar, representing Florida Bar applicants in proceedings before the Florida Board of Bar Examiners, and providing ethics opinions and expert witness testimony on legal ethics issues. In addition to representing attorneys and Florida Bar applicants, Richard represents professionals in licensure matters before state regulatory bodies. Richard has an extensive background in criminal defense, representing clients in matters ranging from traffic offenses and DUI to felonies punishable by life in prison. Richard represents clients in both state and federal courts in Florida and Georgia. Richard has personally tried approximately 200 jury trials to verdict. He also has extensive experience representing individuals seeking clemency through the Florida Office of Executive Clemency and individuals seeking parole and other relief through the Florida Commission on Offender Review. Prior to joining Rumberger Kirk, Richard served as an assistant public defender in Tampa, Florida from 1984-87 and as an assistant staff counsel for The Florida Bar in its’ Tampa office from 1987-89. After leaving The Florida Bar and returning to his hometown of Tallahassee, Richard had a successful career as a sole practitioner for sixteen years. Richard also served as the first Traffic Court Hearing Officer in Leon County, Florida from 2002-2005. Richard has received an AV rating from Martindale-Hubbell. In addition, since 2004 he has been selected for inclusion in Best Lawyers in America in the field of criminal defense (non-white collar) and has been recognized as a Super Lawyer in the field of criminal defense. Richard is actively involved in many legal organizations. He is a member of the Association of Professional Responsibility Lawyers, the Florida Association of Bar Defense Lawyers, and served on the Professional Ethics Committee of The Florida Bar (1994-2003) (2008-14). He is a past president of the Florida Association of Criminal Defense Lawyers (FACDL), is the treasurer for the Tallahassee chapter of FACDL, and is president of the Tallahassee chapter of the Federal Bar Association.

	Judge Jenifer Melander Harris
			Jenifer Melander Harris presides as a Circuit Judge for the Ninth Judicial Circuit (Orlando) Florida. She has served since 2007 mostly in the Criminal Division but also loves juvenile, where she currently serves. Judge Harris is also faculty with the National Judicial College teaching a variety of courses to judges throughout the United States. Her courses have included Case Management, Trial Skills, Advanced Evidence, Handling Capital Cases, and Bench Skills for new Judges. She serves on the Education Committee for the Florida Judicial Conference and was the Criminal Track Lead from 2014-2017. In addition, she regularly lectures for the state-wide conferences on a variety of topics including criminal constitutional issues, technology, evidence, and legal updates. Jenifer Harris has taught as an Adjunct Professor at Barry University School of Law, University of Florida, University of Central Florida and University of North Florida specializing in constitutional criminal procedure, courtroom criminal procedure, and criminal law. Prior to being a judge, she worked as an Assistant Public Defender in Orlando and Gainesville. During her time as a Criminal Defense Attorney, she tried cases at all levels and became Board Certified in Criminal Trials, letting it lapse during her judicial tenure. She graduated from University of Florida: B.A. (1987); J.D. with honors (1990), and M.A. Sociology/Criminology (1999). She has previously served on the Criminal Rules and the Evidence Committee of the Florida Bar. Judge Harris co-authors Florida Criminal Practice and Procedure, Third Edition, Lexis, (2020).

	Judge Patrick Harris
			Patrick N. Harris served twelve years on the Ohio Municipal Court bench. He retired from Fairfield County in November of 2015 and moved to Florida. During his tenure, he presided over a criminal, traffic and civil docket. He created the first adult Mental Health Court in his central Ohio County. Judge Harris served on the Executive Committee of the Ohio Judicial Conference, and in 2012 he was selected by the Chief Justice of the Ohio Supreme Court to be one of two Ohio Judges to attend the National Judicial College’s first Theory and Practice of Judicial Leadership training in Reno, Nevada. Judge Harris is on the faculty of the National Judicial College where he has taught courses on advanced evidence, electronic evidence, and conducting sex offense trials. He lectures frequently on Fifth and Sixth Amendment law for the Florida Association of Criminal Defense Lawyers and is co-author of the Florida Criminal Practice and Procedure Manual. He is also an adjunct professor at the Barry University Dwayne O. Andreas School of Law in Orlando where he teaches trial advocacy. A 1991 graduate of The Ohio State University College of Law, he began his legal career as a prosecutor for the Athens County and Fairfield County Child Support Enforcement Agencies. From 1996 to 2000 he continued his work as a prosecutor with the Lancaster City Law Director’s Office and the Fairfield County Prosecuting Attorney’s office. In 2000, he became the first County Administrator in Fairfield County, Ohio, where he served until his election to the bench in 2003. He is currently admitted to practice law in both Ohio and Florida, and has a private criminal defense practice, Harris Law Firm, in Central Florida.

	Denis deVlaming
			Denis deVlaming received his bachelor’s degree in psychology from the Ohio State University in 1969. He graduated from Stetson University College of Law in St. Petersburg, Florida in 1972 and is now an adjunct professor there teaching “Advanced Criminal Trial Advocacy.” He was an Assistant State Attorney in the Sixth Judicial Circuit of Florida from 1972 to 1975 and has been a criminal defense lawyer from 1975 to the present. He is the past president of the Florida Association of Criminal Defense Lawyers (2002-3) and is board certified in criminal trial law. He is an avid writer and lecturer in areas that affect the practice of criminal defense. This marks his fiftieth year practicing criminal defense and he has no plans on slowing down.

		Kevin Hellmann
			Kevin Hellmann has devoted his career to public defense for over twenty-six years. Since December 2012, he has served as Director of Training, Professionalism and Leadership Development at the Law Offices of Carlos J. Martinez, Public Defender in the 11th Judicial Circuit of Miami-Dade, Florida. As Training Director, Kevin designs the overall training curriculum for the office, supervises its training attorneys, oversees interns’ training and assignment, recruits and interviews applicants for attorney positions and tries cases with younger Felony lawyers. Kevin is recognized as a Board Certified Expert in Criminal Trial Law by The Florida Bar since 2016. In August 2020, he was selected as a member of the 11th Circuit Grievance Committee of The Florida Bar and was named Chair in 2022. In 2018, Kevin received the President’s Award from the Florida Association of Criminal Defense Lawyers-Miami Chapter for his ongoing Continuing Legal Education training sessions. And he served as President of FACDL-Miami in 2021 – 22. Since January 2012, Kevin has taught Trial Skills as an Adjunct Professor at the University of Miami School of Law. During the summers of 2018, 2019, 2021 and 2022, he also taught Criminal Litigation as Adjunct Professor at Florida International University College of Law. In April 2021, Kevin presented a Fourth Amendment training for The Florida Bar 2021 Board Certification Exam in Criminal Trial Law. In October 2020, he presented “Racial Bias in Jury Selection” to the Washington University School of Law in St. Louis. In 2019, 2021, and 2022, he was invited as a faculty member for the Public Defender/Prosecutor Trial Training Program conducted by The Florida Bar at the University of Florida Law School. He has also presented several trainings for the Florida Public Defender Association and FACDL, including Evidentiary Trial Objections, Collateral Consequences of Juvenile Delinquency Cases and Professional Responsibility for Juvenile Defense Lawyers.

	Judge Milton Hirsch
			Judge Milton Hirsch has been a judge of the 11th Judicial Circuit of Florida since January of 2011. He is also an adjunct professor of law at the University of Miami School of Law. In 2013, Judge Hirsch was the recipient of the Gerald Kogan Judicial Distinction Award, the highest award given to a member of the judiciary by the Miami Chapter of the Florida Association of Criminal Defense Lawyers; in 2014, he was the recipient of the Theodore Klein award, the highest award conferred by the Miami Chapter of the Florida Association for Women Lawyers; in 2016, he received the Dade County Bar Association’s Criminal Justice Award; in 2017 the Miami Jewish Legal Society conferred the Shofet Tzedek (“righteous judge”) award upon him; and in 2018 he received the Jay and Marilyn Weinberg Rule of Law Award at the annual Project Nuremberg event sponsored by the South Palm Beach County Bar Association, Lynn University, and Temple Beth El. After graduating from Georgetown University Law Center, Judge Hirsch worked in the Miami-Dade County State Attorney’s Office, rising to the position of assistant chief of narcotics prosecution. In January of 1987 he entered private practice. He was routinely listed in Best Lawyers in America, Florida Super Lawyers, Top 250 Criminal Lawyers in South Florida, and other like-kind publications. For a dozen years Judge Hirsch authored Hirsch’s Florida Criminal Trial Procedure, considered the leading treatise of its kind. He was also formerly the co-author, with Hon. Martin Kahn, of the Criminal Bench Guide for Florida Circuit Judges. He has written numerous law review articles and three novels: The Shadow of Justice, (winner of the Midwestern Independent Publishers Award for best novel in the mystery/fiction category, and runner-up for the Benjamin Franklin Award for best new voice in American fiction); Laredo Slider; and The Wheel of Justice.

	Peter Mills
			Peter Mills has handled capital cases all around the State of Florida. He exceeds Florida’s standards required to serve as a lead trial counsel in capital cases under Fla. R. Crim. P. 3.112(f) and as lead counsel in capital post-conviction proceedings under Fla. R. Crim. P. 3.112(k). He serves as the editor and a major author of the capital litigation manual Defending a Capital Case in Florida and writes a regular column regarding capital litigation in The Defender for the Florida Association of Criminal Defense Lawyers. Pete may be reached at pmills@pd10.org.

	Sabrina Puglisi
			Sabrina Puglisi is a Florida Board Certified Criminal Trial attorney since 2008. Prior to starting her own firm, Puglisi Law, in 2011, she has the unique experience of having worked for both the Miami-Dade Public Defender’s Office and the Federal Defender’s Office for the Southern District of Florida where she gained invaluable experience as a trial attorney handling hundreds of different cases from pre-trial to trial. From 2009-2010, she was recognized as one of the top government lawyers in South Florida’s Legal Guide and she was recently recognized as one of Florida’s 2020 Super Lawyers for Criminal Defense. Ms. Puglisi graduated from University of Miami, School of Law in 2000. Prior to that she attended Florida International University where she graduated Magna Cum Laude. Ms. Puglisi volunteers her time for different voluntary bar organizations. She is the current President-Elect of the Dade County Bar Association; past president of the Florida Association of Criminal Defense Lawyers (FACDL), Miami Chapter; and a Director for FACDL statewide. In addition to the Florida Bar, Ms. Puglisi is admitted to practice in the District of Columbia, all three districts of federal court in Florida (Southern District, Middle District, and Northern District) and the Eleventh Circuit Court of Appeals. She has also practiced in federal courts around the country.

	Jim Skuthan
			Jim Skuthan has been an attorney with the Federal Defender’s Office in the Middle District of Florida since 1990. From 2000 to 2019 he served as First Assistant Defender in the office. During that time, he was Acting Federal Defender in 2008 and from January 2020, until June 2021. He is board certified by The Florida Bar in Criminal Trial Law and Criminal Appellate Practice. For the past twenty-five years, he has lectured at the Florida Board Certification seminar on the topic of federal sentencing. He serves on the Board of Directors for the Florida Association of Criminal Defense Lawyers, (FACDL). He is a past president of the Federal Bar Association, Orlando Chapter and has served on The Florida Bar Judicial Nominating Committee for the 18th Judicial Circuit, and The Florida Bar Grievance Committee for the 9th Judicial Circuit. He is a past president of the Central Florida Association of Criminal Defense Lawyers (CFACDL). Mr. Skuthan received his undergraduate degree from Auburn University and his law degree from Florida State University.

	Michael Ufferman
			Michael Ufferman received his Bachelor of Arts from Miami University in Oxford, Ohio, and received his Juris Doctorate from the Florida State University College of Law (serving on the law review and graduating magna cum laude). After he graduated from law school, Mr. Ufferman clerked for five years for Justice Major B. Harding at the Florida Supreme Court. Mr. Ufferman has been in private practice since 2002 and is a board-certified criminal appellate lawyer (2006- present). Mr. Ufferman currently serves on The Florida Bar Rules of General Practice and Judicial Administration Committee and The Florida Bar Criminal Law Section Executive Council. He previously served on The Florida Bar Criminal Law Certification Committee from 2015-2021 and as chair of the Committee from 2019-2020. Mr. Ufferman also previously served on The Florida Bar Appellate Court Rules Committee from 2007-2013 and as chair of the Committee from 2012- 2013. Mr. Ufferman was on the board of directors of the Innocence Project of Florida from 2007- 2014. Mr. Ufferman served as President of the Florida Association of Criminal Defense Lawyers (FACDL) from 2015-2016. Mr. Ufferman is the author of the Florida Criminal Practice and Procedure treatise, 2021 ed. (Vol. 22, Florida Practice Series). He received the Richard W. Ervin Equal Justice Award given by the Capital City Bar Presidents Council (2016). Mr. Ufferman has also received the Pro Bono Award from The Florida Bar Appellate Practice Section (2013); Inspirational Service Honor from Tallahassee Women Lawyers (2012); Gene Taylor Memorial Award given by the Tallahassee Chapter of FACDL (2010); the FACDL President’s Appreciation Award (2010); and the FACDL Extra Mile Award (2009 & 2012). Mr. Ufferman and his family reside in Tallahassee, Florida.

	Teresa Williams
			Teresa Williams has been a criminal lawyer for 25 years. She started her own practice in 2006 after ending her career as a prosecutor in both the Statewide Prosecutor's Office and the Miami-Dade County State Attorney's Office, where she served as the Division Chief of the Career Criminal Unit. Teresa has been Board Certified in Criminal Trial for fifteen years and actively encourages other women to become Board Certified. She is best known for running for Broward County State Attorney against a 40-year incumbent in 2016. After a 2nd unsuccessful run, Teresa continues to defend complex criminal cases in both state and federal courts in South Florida, and works as a consultant on issues of politics and criminal justice reform on a national level.

Notices:
	All FACDL seminars, apart from the annual Criminal Law Certification Review seminar, are intended to: promote the excellence of, disseminate knowledge to, and provide education to, the criminal defense community. In that regard, attendance at all seminars (apart from the certification review seminar) is limited to criminal defense attorneys, mitigation specialists, defense investigators and other staff involved in providing criminal defense. Those seminar attendees in need of additional services under ADA, please provide notice of your needs to becky@facdl.org.

For more information contact Florida Association of Criminal Defense Lawyers (850) 385-5080 \| E-mail: facdl@facdl.org \| No telephone registrations please

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