The history of exclusion of people from jury service based on race, ethnicity, gender, national origin, and sexuality or sexual identity has permeated through the criminal justice system.  Batson/Wheeler addressed intentional discrimination in the use of peremptory challenges but failed to address the more pervasive use of implicit bias to justify otherwise unlawful challenges using the veil of “race-neutral” justifications.  This session discusses the ways in which CCP 231.7 eliminates implicit bias thus ensuring more diversity among jurors.

Speaker:

• Tamani Taylor, Deputy Public Defender, San Francisco Office of the Public Defender

How does an attorney effectively begin a jury trial? This session of the Trial Skills Update seminar will focus on the nuts and bolts of effective opening statements.  It will provide dependable techniques to craft a powerful opening statement, while highlighting ways to enhance delivery for those seeking to grab the attention of the jurors.  Common pitfalls will be discussed and ways to avoid them providing session attendees with all skills needed to create and convey powerful opening statements.

Speaker:

• Brian Roberts, Deputy District Attorney, Marin County District Attorney
• Michael Yamamoto

The effective use of documentary and physical evidence is critical to a strong trial presentation.  This session will address how to properly and efficiently introduce different types of evidence at trial, such as business records, emails, audio and video recordings, and physical evidence.  The speakers will also provide practical tips about how lawyers can use documentary evidence to guide and structure their direct and cross examinations.  Finally, the speakers will discuss how to address and avoid common evidentiary issues that arise during trial. 

Speaker:

• Julian Andre, Partner, McDermott Will & Emery LLP
• Kevin Lally, Partner, McguireWoods

A quick look at key critical issues related to Direct and Cross Examination including issues related to proper impeachment of witnesses. Attorneys Alan Yochelson, Marjaneh Maroufi, and Albert Camacho will discuss the examination of witnesses.  They will describe and demonstrate the differences between conducting a direct examination and a cross examination of a witness and explain how to approach each one.  Additionally, they will discuss and demonstrate how to impeach a witness through cross examination.

Speaker:

• Alan Yochelson, Head Deputy District Attorney, Los Angeles County District Attorney’s Office
• Albert Camacho, Public Defender, Los Angeles County
• Marjaneah Maroufi, Deputy Public Defender, Solano County Alternate Public Defender’s Office

A great closing argument must tell a story and keep the jury engaged.  This session will address how to deliver a compelling closing argument that builds on the themes and points raised during opening statement, integrates the key evidence and testimony developed during trial, and appropriately navigates any bad facts or counter-arguments.  The speakers will also discuss the key differences between prosecution and defense closing arguments, provide practical tips regarding the use of audio and visual guides during closing argument, and highlight some common pitfalls to avoid.  

This session will introduce trial lawyers to the appellate process. It will focus on foundational principles governing criminal appeals and on the various standards of appellate review. It seeks to help trial lawyers think not only of how to be effective advocates in the courtroom, but also of what they can do before, during, and after a trial to preserve issues for appeal and maximize the chances of having an unfavorable trial outcome reversed.

Speaker:

• Gary Rowe, Deputy Federal Public Defender, Office of the Federal Public Defender for the Central District of California