COURSE SYLLABUS
Advanced Criminal Procedure-Anatomy of a Homicide
Monday-Wednesday, 4:00 p.m. to 5:15 p.m.
Zachem-Room 211
Class # 1: January 12, 2015
Introduction and detailed discussion of fact pattern; Search Warrant & the Prosecutor’s Role in Processing of Crime Scene; chain of custody.
Class # 2: January 14, 2015
Initial Investigative Steps; Culture of Snitching; Initial Witness Interviews; Additional Search Warrants? Photographic Identification Procedures.
Monday, January 19, 2015-Martin Luther King Holiday-No Class
Class # 3: January 21, 2015
Discussion of effective draftsmanship and Motion # 1: Defense Motion to Suppress Identification.
Class # 4: January 26, 2015
ThePolice Investigation Continues: Pressure to Solve Case Quickly-Public Safety Concerns and Bureaucratic Pressure; Witness Security Issues; Meeting with the victim’s family; Arrest Warrant or Grand Jury Original Investigation?
Class # 5: January 28, 2015
Drafting and execution of Arrest Warrant; Custodial interrogation; Fifth and Sixth Amendment Issues.
Featured Witness: Defendant William Smith
Class # 6: February 2, 2015
Opening a Grand Jury Investigation; Subpoena Power; Advice of Rights & Pre-Appearance Interviews; Grand Jury secrecy.
Featured Witnesses: Carletta Innis; Jennifer Innis & Russell Innis
Class # 7: February 4, 2015
Grand Jury, con’t; Preparing for the Pre-Trial Detention Hearing; Discovery and Jencks Issues; Preparation for Mock Detention Hearings on February 5, 2014.
Class # 8: February 9, 2015-Meet in Haislip Courtroom
Mock Detention Hearings; Defense preparation and tactical objectives; Scope of Direct and Cross Examination; Bond Issues.
Class # 9: February 11, 2015
The Grand JuryInvestigation Continues: The Grand Jury as an Investigative Body;Additional Subpoenas for Civilian Witnesses & Immunity Issues.
Featured Witness: David Robinson
Class # 10: February 16, 2015
Forensic Issues: DNA analysis; Hair & Fiber; Firearms examination evidence; Blood spatter analysis; forensic pathology.
Class # 11: February 18, 2015
Potential Cooperators; Debriefings; Drafting and Negotiation of Cooperation Agreements; Role of Defense Counsel; Conflicts; Sealed Proceedings.
Featured Witness: Cedric Gordon
Class # 12: February 23, 2015-Meet in Haislip Courtroom
Completed Motion # 1 Due Today.
Mock Hearings on Defendant’s Motion to Suppress Identification.
Class # 13: Tuesday, February 24, 2015
Drafting and Return of the Indictment; Discovery & Brady;Formulation of a Plea Offer.
Class # 14: February 25, 2015
Discovery & Brady continued. Defense motions to compel discovery; Government assessment of Material exculpatory evidence; Ex Parte disclosures to court.
Featured Witness: Brenda Green
Class # 15: March 2, 2015
Discussion of Motion # 2: Defense Motion for Disclosure of Material Exculpatory Information.
Featured Witness: Unidentified Brady Witness
Class # 16: March 4, 2015:
Victim-Witness Rights; continued contact with respective families; plea negotiations and ethical issues for both the prosecutor and defense counsel; Holding the Case Together.
Monday, March 9 & Wednesday March 11-No Class-Break
Class # 17: March 16, 2015
Motions Practice, Part I: Defense Motions & Government Oppositions: Suppress Identification, Tangible Evidence & Statements; Motion to Dismiss Counts; Motion To Disclose Witness Identities; Motion to Disclose Exculpatory Information and more.
Featured Witness: Unidentified Third Party Perpetrator
Class # 18: March 18, 2015
Motions Practice, Part II: Affirmative Government Motions & Motions in Limine: Motion to Introduce Drew & Johnson evidence regarding narcotics, prior assaultive conduct and prior firearms possession; Myriad Bench Memoranda, e.g., Hearsay; Third Party Perpetrator. Discussion of Motion # 3.
Class # 19: March 23, 2015
Preparing for and conducting pre-trial status hearings. Selection of trial dates; Speedy trial concerns; witness security issues; alerting court to expert witness availability; fifth amendment concerns and the necessity of counsel to advise witnesses; Innocence Protection Act Inquiry.
Class # 20:March 25, 2015
Preparing for Pre-Trial Motions Hearings: Witness selection; Hearsay and impeachment implications; Motions to Suppress Identification, Tangible Evidence & Statements; Motion to Dismiss Counts.
Class # 21: March 30, 2015-Haislip Courtroom
Completed Motion # 2 Due Today.
Mock Hearings on Defense Motion to Disclose Material Exculpatory Information.
Class # 22: April 1, 2015
Preparing for Trial, Government: Witness Interviews without Subpoena Power; Expert Witness Preparation; Document preparation; Jencks; Exhibit Preparation; Order of Call-tactical & safety considerations.
Monday, April 6—No Class
Class # 23: April 8, 2015
Preparing for Trial, Defense: discussions with client regarding trial strategy; use of investigators; obtaining multiple statements from government witnesses; continued discovery demands.
Featured Witness: Decedent James Jones
Class # 24: April 13, 2015
Day of Trial Issues: Disappearing Witnesses, Missing Evidence & Inevitable Delay; Jury Selection: Fair Cross Section Requirement in Venire; Batson; Procedural and Tactical Mechanics of Picking a Jury.
Class # 25: April 15, 2015
The Trial, Part I: The Government’s Case begins. Preparing and delivering an effective opening statement; set the scene with crime scene search officers & physical evidence.
Class # 26: April 20, 2015-Haislip Courtroom
The government’s case continues.
Direct Examination of Brenda Green.
Class # 27: April 22, 2015
The Defense Case & effective presentation of closing arguments. Preparation and Review of Jury Instructions; Lesser Included Offenses; Exhibit Preparation; Jury Deliberations.
Class # 28: April 27, 2015
Return of the verdict & juror interaction. Speaking with the Families; Preparing for and conducting the sentencing hearing.
The third and final motion of the semester will be due on May 6, 2015.
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