FACDL CRIMINAL LAW CERTIFICATION AND REVIEW SEMINAR
The live webinar was held April 8-9, 2021
SPONSORED BY
CLE has been approved by the Florida Bar for 15.5 Appellate Practice/Criminal Appellate Law/Criminal Trial Law/Juvenile Law credits and 1.0 Ethics credit. (CLE expires on 10/31/2022)
Pricing for Materials Only: includes recording of the Webinar and materials provided by speakers
FACDL Members: $375.63
Non-member/Government attorney or judge: $490.63
(To purchase: select the blue "register" button below!)
MUST LOG IN FOR MEMBER PRICES:
NO REFUNDS!
Agenda
Each half day session (4 in total) requires a different Zoom webinar recording video.
Thursday, April 8, 2021
8:00 a.m. Use “4-8-21 am Crim Law Cert & Review” Zoom Recording
8:30 a.m.- 8:35 a.m. Opening Remarks – Sabrina Puglisi, FACDL CLE Chair
8:35 a.m.- 8:50 a.m. Testing Tips – Michael Ufferman, Ufferman Law Firm
8:50 a.m.- 9:50 a.m. Florida Sentencing – Judge Richard Hersch, 11th Circuit
9:50 a.m.- 10:00 a.m. Break
10:00 a.m.- 11:00 am. 4th Amendment –Kevin Hellmann, Assistant Public Defender, 11th Cir.
11:00 a.m.- 11:50 a.m. Ethics – Richard Greenberg, Rumberger Kirk
11:50 p.m.- 1:15 p.m. Use “4-8-21 pm Crim Law Cert & Review” Zoom Recording
1:15 p.m.- 2:15 p m. State Criminal Appeals – Michael Davis, Keuhne Davis Law
2:15 p.m. – 3:15 p.m. Florida Case Law Update – Denis DeVlaming, DeVlaming & Rivellini
3:15 p.m.- 4:05 p.m. Florida Legislative Update- Pete Mills, Assistant Public Defender, 10th Cir.
4:05 p.m.- 4:15 p.m. Break
4:15 p.m.- 5:15 p.m. State and Federal Evidence –Teresa Williams, Law Offices of Teresa Williams
Friday, April 9, 2021
8:00 a.m. Use “4-9-21 am Crim Law Cert & Review” Zoom Recording
8:30 a.m.- 8:35 a.m. Opening Remarks –Sabrina Puglisi, FACDL CLE Chair
8:35 a.m.- 9:35 a.m. Federal Appeals – Jim Skuthan, Federal Defender, Middle District
9:35 a.m.- 10:15 a.m. 5th & 6th Amend. – Judge Jenifer Harris, 9th Circuit, & Ret. Judge Patrick Harris
10:15 a.m.- 10:30 a.m. Break
10:30 a.m.- 11:15 a.m. 5th & 6th Amend. Continued
11:15 p.m.- 12:15 p.m. Federal Procedure – Lisa Call, Ass. Federal Defender, Middle District
12:15 p.m. – 1:30 p.m. Use “4-9-21 pm Crim Law Cert & Review” Zoom Recording
1:30 p.m.- 2:30 p.m. Federal Sentencing part 1 – Jim Skuthan, Federal Defender, Middle District
2:30 p.m.- 2:45 p.m. Networking Break
2:45 p.m.- 3:45 p.m. Federal Sentencing part 2 – Jim Skuthan, Federal Defender, Middle District
3:45 p.m.- 4:15 p.m. Federal Sentencing hypotheticals in preparation for test –Jim Skuthan, Federal Defender, Middle District
ADDITIONAL INFORMATION:
- 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.
- Only registered attendees may submit CLE credit to the Florida Bar. FACDL does not report your attendance.
- Seminar contents and materials are solely for educational purposes. Any opinions expressed by presenters may not necessarily reflect the views and/or policies of FACDL.
SPEAKERS
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, Michael clerked for five years for Justice Major B. Harding at the Florida Supreme Court. Michael has been in private practice since 2002 and is a board-certified criminal appellate lawyer (2006-present). Michael is the author of Florida Criminal Practice and Procedure – one of the treatises in West’s Florida Practice Series. Michael served as president of FACDL from 2015-2016. He currently serves as chair of The Florida Bar Criminal Law Certification Committee, and he previously served as the chair of The Florida Bar Appellate Court Rules Committee and as a member of The Florida Bar Rules of Judicial Administration Committee. Michael was on the board of directors of the Innocence Project of Florida from 2007-2014. In 2016, Michael received the Richard W. Ervin Equal Justice Award given by the Capital City Bar Presidents Council. He has also received the Pro Bono Award from the Florida Bar Appellate Practice Section (2013); Inspirational Service Honor from the 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). Michael and his wife Ida reside in Tallahassee with their two children (Casey and Mia).
Circuit Judge Richard Hersch is currently assigned to the Felony Division in Miami-Dade County, Florida. A life-long resident of Miami and a graduate of FSU (1976) and UF (1980-Law), Richard practiced as a sole practitioner or partner in a Mom-and-Pop firm for 31 years. Judge Hersch last practiced as a partner in Hersch & Talisman P.A. before being appointed to the Circuit Bench by Governor Scott in February 2012. Board Certified in criminal trial law, Judge Hersch represented criminal defendants in the state and federal courts throughout Florida for offenses ranging from DUI to first degree murder. He filed the first “Stand Your Ground” motions in Monroe and Miami-Dade Counties and was counsel on the first SYG case in the Third DCA. Judge Hersch also served as a volunteer guardian ad litem representing abuse victims in the criminal courts for nearly 15 years. During his practice, Richard was admitted to practice in the Fifth, Eighth and Eleventh Circuit Courts of Appeal and argued in the First, Third, Fourth and Fifth District Courts of Appeal as well as the Florida Supreme Court. Richard is a past president of the local and statewide FACDL. A former Chair of the Criminal Trial Certification Committee, the Traffic Court Rules Committee and a current of the Code and Rules of Evidence Committee for The Florida Bar, he also serves on the Executive Council of the Criminal Law Section. Judge Hersch has participated as faculty at the Gerald Bennett Prosecutor / PD college in Gainesville and on dozens of seminar programs for the FACDL and Florida Bar. For 7 years he wrote the DUI Notes column for The Defender, the FACDL quarterly magazine. Judge Hersch is the father of two daughters, Rebecca (28), a DNA researcher, and Ellison (18), an undergraduate at Smith College. He is an avid SCUBA diver and Instrument-Rated Private Pilot with over 2400 hours of flight time.
Kevin Hellmann has devoted his career to public defense for the past twenty-five 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 the training attorneys, oversees interns’ training and assignment, recruits and interviews applicants for attorney positions and tries cases with younger Felony lawyers. From 2007 through 2012, Kevin was a Senior Supervising Attorney in the Felony Division of the Public Defender Office. Kevin directly handled trial cases ranging from 1st degree Murder to 3rd degree felonies. He supervised 12 trial lawyers assigned to various felony courtrooms. From 2003 to 2007, Kevin served as the Training Coordinator of the Juvenile Division of the Public Defender Office. As Juvenile Training Coordinator, Kevin prepared and conducted trials alongside newly hired trial lawyers and provided trial feedback and weekly training sessions. During this time, he tried over 225 criminal bench trials and trained over 200 interns. Kevin has served as an Assistant Public Defender in Miami-Dade County since 1996. As a trial division lawyer, he has directly represented hundreds of indigent clients accused of misdemeanors and felony criminal charges. From 1996 to present, he has tried over seventy criminal jury trials. Prior to working at the Public Defender Office in Miami, Kevin worked for one year as a staff attorney at the Neighborhood Defender Service of Harlem, a non-profit organization representing indigent residents of Harlem and the South Bronx in state criminal court. Kevin is 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. In 2018, Mr. Hellmann received the President’s Award from FACDL-Miami for his ongoing Continuing Legal Education training sessions. And in May 2020, he was voted President-Elect of FACDL-Miami. Since January 2012, Kevin has taught Trial Skills as an Adjunct Professor at the University of Miami School of Law. In 2018 and 2019 he also taught Criminal Litigation as an Adjunct Professor at Florida International University College of Law. In October 2020, Kevin presented “Racial Bias in Jury Selection” to Washington University School of Law in St. Louis. He has also presented several trainings for the Florida Public Defender Association and the Florida Association of Criminal Defense Lawyers, including Collateral Consequences of Juvenile Delinquency Cases and Professional Responsibility for Juvenile Defense Lawyers. In June 2006, he presented Legal Strategies for Juvenile Delinquency Cases at the Mississippi Juvenile Defender Training at the Mississippi College School of Law. Kevin obtained his Bachelor of Arts degree from Harvard University in 1988 and his Juris Doctor degree from Brooklyn Law School in 1995. As a law student, Kevin was Articles Editor for the Journal of Law and Policy and received both the Edward V. Sparer and Charles H. Revson public interest law fellowships. His legal note, The Fallacy of Dueling Sovereignties: Why the Supreme Court Refuses to Eliminate the Dual Sovereignty Doctrine, 2 J.L & Pol’y 149, was published in 1994.
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.
Michael T. Davis focuses on complex state and federal litigation at Kuehne Davis, P.A. 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-Elect of the Virgil Hawkins Chapter of the National Bar Association, Vice President of the Florida Association of Criminal Defense Lawyers-Miami Chapter, and Director for the Dade County Bar Association.
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 has been a criminal lawyer 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.
Peter N. Mills is an Assistant Public Defender in the 10th Judicial Circuit, Bartow, and has worked in the capital trial unit. For a time, he handled civil litigation issues with Howell & Thornhill in Winter Haven. Prior to his work with the Office of the Public Defender, he worked at the Office of the Capital Collateral Representative (CCR), where he was involved in death penalty postconviction litigation. Pete may be reached at 863-534-4242 or MILLS_P@pd10.state.fl.us.
Teresa Williams is managing partner of the Law Offices of Teresa Williams, a litigation firm committed to justice and equality in South Florida's Courts. Her firm is located in Fort Lauderdale. Teresa was admitted to the Florida Bar in 1994. She first became Criminal Law Board Certified in 2004. She also practices in the U.S. Court of Appeals for the Eleventh Circuit and U.S. District Court, Southern District of Florida.
Patrick N. Harris retired from the Fairfield County, Ohio Municipal Court bench in 2015, after serving twelve years. During his tenure on the bench Judge Harris presided over a docket that consisted of both criminal and civil cases. He created the first adult Mental Health Court in his central Ohio County, and presided over that court for ten years. As a result of his work in the area of mental illness and the criminal justice system, Judge Harris was selected to represent Ohio judges on the Attorney General’s Task Force on Criminal Justice and Mental Illness. He also co-chaired the Mental Illness and the Court’s subcommittee. Additionally, he served on the Executive Committee of the Ohio Judicial Conference, and co-chaired the Specialized Docket Committee. In 2012 Judge Harris 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 has taught at numerous conferences on various topics. He is on faculty of the National Judicial College where he teaches advanced evidence and case management to judges from across the United States. On a more local level he has also taught courses in electronic evidence to the Florida Judges Association, and 5th and 6th amendment law to Florida attorney’s seeking their Criminal Trial Certification. Currently he is an adjunct professor at the Barry University Dwayne O. Andreas School of Law in Orlando where he teaches trial advocacy. Prior to being elected to the bench in 2003 Mr. Harris began his legal career at the Athens County and Fairfield County Child Support Enforcement Agencies, from 1992-1996, where he assisted families in establishing and collecting court ordered child support. Later, from 1996 to 2000, he worked as an assistant prosecutor at the Lancaster City Prosecutor’s Office, and then at the Fairfield County Prosecutor’s Office. In 2000, Mr. Harris was selected to be the first County Administrator for the Fairfield County Board of County Commissioners where he served for three years. Currently he is Of Counsel with Stuart and Mount, P.A. in Orlando. Mr. Harris is a 1985 graduate of Bowling Green State University in Ohio where he received a BS in Computer Science and Math, and a 1991 graduate of The Ohio State University College of Law. He is currently admitted to practice law in both Ohio and Florida.
Jenifer Harris presides as a Circuit Judge for the Ninth Judicial Circuit (Orlando) Florida. She has served in the mostly in the Criminal Division but she has also sat in Probate, Domestic, and Juvenile. Judge Harris is on 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 technology, evidence, legal updates, and handling Defendant’s Statements. Jenifer Harris is an Adjunct Professor at Barry University School of Law teaching constitutional criminal procedure, courtroom criminal procedure, and criminal law. She has previously taught as an adjunct for the University of Florida, University of Central Florida, and University of North Florida. 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. She co-authors Florida Criminal Practice and Procedure, Third Edition, Lexis, (2013) focusing her attention on issues involving the Fourth Amendment, Fifth Amendment, and Sixth Amendment.
Lisa Call attended the University of Florida, receiving a Bachelor of Science in Business Administration with High Honors and a Juris Doctor with Honors. After being in private practice in Jacksonville from 1992 through 2000, she joined the Federal Public Defender’s Office in July 2000. Lisa served as president of FACDL 2016-2017.
James Skuthan has worked as an Assistant Federal Defender in the Middle District of Florida, from 1990 to 2000; and as First Assistant Federal Defender from 2000 to present. Prior to joining the Federal Defender's Office, he worked as an Assistant State Public Defender in Orlando. He is board certified by The Florida Bar in the area of Criminal Trial Law and Criminal Appellate Practice. For the past twenty years, he has lectured at the FACDL Board Certification seminar on the topic of federal sentencing. He is a past president of the Central Florida Association of Criminal Defense Lawyers (CFACDL). Currently, he serves on the FACDL Board of Directors. He is a past president of the Federal Bar Association, Orlando Chapter and previously served on The Florida Bar Judicial Nominating Committee for the 18th Judicial Circuit, as well as The Florida Bar Grievance Committee for the 9th Judicial Circuit. Mr. Skuthan received his undergraduate degree from Auburn University and his law degree from Florida State University.
