Annual Seminar
51st Annual
Criminal Law Seminar 2021
February 12, 2021
Live Webcast or Telephone Seminar
7.0 LIVE MCLE Credits
(including 2.0 Ethics)
AGENDA
9:00 a.m. Welcome and Opening Remarks
• J. Daniel Vinson, Seminar Chair, Criminal Law Section
9:05 a.m. Criminal Law Update
A comprehensive review of criminal law and procedure decisions since December 2019 from the United States Supreme Court, Fourth Circuit, Virginia Supreme Court, and Virginia Court of Appeals.
• Professor Corinna Lain, University of Richmond School of Law
10:35 a.m. Break
10:40 a.m. Objection! Lack of Foundation
A panel discussion on establishing a proper foundation for evidence in criminal cases, and when to object when your opposing counsel fails to lay the necessary foundation. Topics will include lay and expert opinions, prior inconsistent statements, video evidence (including police body camera footage and store surveillance videos), authentication of documents, social media posts, certificates of analysis, and more.
• Hon. Michael R. Doucette, Moderator, Nelson Circuit Court, Lovingston
• Hon. Gordon S. Vincent, General District Court, Accomac
• James O. Broccoletti, Zoby, Broccoletti & Normile, Norfolk
• C.H. “Chuck” Slemp, III, Commonwealth’s Attorney, Wise
11:40 a.m. Break
11:50 a.m. New Criminal Discovery Rules
On July 1, 2020, changes to Rules 3A:11 and 3A:12 took effect drastically altering the discovery rules applicable to criminal prosecutions within the Commonwealth of Virginia. This session will be an in-depth discussion of the practical implications of the Rule changes and a discussion of their impact on the practice of criminal law in Virginia.
• Douglas A. Ramseur, The Ram Law Firm, Richmond
• Bryan L. Porter, Commonwealth’s Attorney, Alexandria
12:50 p.m. Lunch Break
1:15 p.m. Emergency Powers v. Constitutional Rights Panel
This panel will explore the impact of COVID-19 in the context of emergency powers and constitutional rights. It will provide an overview of the law as it now stands regarding the reach of executive power in crisis health situations like a pandemic, and examine how courts have addressed challenges to such powers. It will discuss the Virginia General Assembly’s recent attempts to curb the Governor’s use of executive power in the COVID-19 context, as well as the potential criminal liability of those who have attempted to defy the Governor’s orders. It will also discuss the serious challenges—legal and practical—posed by the suspension of jury trials and their resumption, examining the impact of these challenges on the accused, the prosecution, and jurors.
• Professor Corinna Lain, University of Richmond School of Law
• Melanie D. Wilson, Dean Emeritus, University of Tennessee
• Elliott J. Casey, Commonwealth’s Attorneys’ Services Council, Williamsburg
• William M. Stanley, Jr., The Stanley Law Group, Moneta
2:45 p.m. Break
2:50 p.m. General Ethics Overview (part one)
A comprehensive review of ethical issues commonly presented in the practice of criminal law from the perspectives of both the prosecution and the defense.
• James M. McCauley, Virginia State Bar Ethics Counsel, Richmond
3:50 p.m. Break
4:00 p.m. General Ethics Overview (part two)
• James M. McCauley
5:00 p.m. Closing Remarks and Adjournment
REGISTRATION
February 12, 2021
Live Webcast or Telephone Seminar
With COVID-19 concerns preventing this program from being presented live on site in Charlottesville and Richmond this year, the Criminal Law Section of the Virginia State Bar and Virginia CLE® will present the 7-hour program virtually, via live webcast and telephone. On-site video replays also will NOT be scheduled.
To Register:
Register ONLINE at www.vacle.org. All webcast registrations MUST be completed online. Credit card required.
Please note: This seminar is not eligible for Virginia CLE® discounts, and Virginia CLE® Online Bundle credits may NOT be used to register for this program. Registration options for this seminar are priced at a cost lower than that of Online Bundle credits.
To register for the telephone seminar, you may register online or call 800-979-8253 during regular business hours. Credit card required.
Please note: This seminar is not eligible for Virginia CLE® discounts, and Virginia CLE® Online Bundle credits may NOT be used to register for this program. Registration options for this seminar are priced at a cost lower than that of Online Bundle credits.
Seminar Fees:
$120 Member, VSB CR Section (e-book materials only)
$150 Non-member, VSB CR Section (e-book materials only)
FREE VSB Judicial Member To register, please contact Maureen Stengel at stengel@vsb.org
$20 Register for the VSB Criminal Law Section (www.vsb.org/docs/VSB-Section-Reg.pdf)
Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar
Materials and General Information:
Seminar Materials: All registrants will receive access to a complete set of e-book (PDF) seminar materials. Prior to the seminar, you will be sent an email with an embedded link to a web page from which the seminar materials may be downloaded. For webcast participants, the linked web page also will include instructions for launching the seminar. If you register the day of the seminar, the link will be included in your email receipt. For telephone participants, the email will include instructions for accessing the seminar.
Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $60 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.
Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.
MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.
Virginia CLE®
and Virginia State Bar