Criminal Law Review & Board Certification Tips

Comprehensive Seminar for State and Federal Law

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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. 

Seminar Agenda

Thursday, March 31, 2022: 

7:30 a.m.- 8:30 a.m.      Continental Breakfast

8:30 a.m.- 8:35 a.m.      Opening Remarks – Diana Johnson, Co-CLE Chair

8:35 a.m.- 8:45 a.m.      Testing Tips – Michael Ufferman, Michael Ufferman Law Firm

8:45 a.m.- 10:05 a.m.    Florida Sentencing – Judge Richard Hersch, 11^th Circuit Judge

10:05 a.m.- 10:15 a.m.  Break

10:15 a.m.- 11:25 a.m.  State and Federal Evidence – Teresa Williams, Law Offices of Teresa Williams

11:25 a.m.- 12:15 p.m.  Ethics – Richard Greenberg, Rumberger Kirk

12:15 p.m.- 1:25 p.m.    Lunch on your own

1:25 p.m.- 2:25 p.m.     State Criminal Appeals – Michael Davis, Keuhne Davis Law

2:25 p.m. – 3:25 p.m.    Florida Case Law Update – Denis DeVlaming, DeVlaming & Rivellini

3:25 p.m.- 3:40 p.m.     Break

3:40 p.m.- 4:40 p.m.     4^th Amendment – Milton Hirsch, 11^th Circuit Judge

4:40 p.m.- 5:30 p.m.     Florida Legislative and Rules Update - Pete Mills, Assistant Public Defender, 10^th Cir.

Friday, April 1, 2022: 

7:30 a.m.- 8:30 a.m.      Continental Breakfast

8:30 a.m.- 8:35 a.m.      Opening Remarks – Diana Johnson

8:35 a.m.- 9:35 a.m.      Federal Appeals – Jim Skuthan, Assistant Federal Defender, Middle District

9:35 a.m.- 10:20 a.m.    5^th & 6^th Amend. – Judge Jenifer Harris, 9^th Circuit, & Ret. Judge Patrick Harris

10:20 a.m.- 10:30 a.m.  Break

10:30 a.m.- 11:15 a.m.  5^th & 6^th Amend. Continued

11:15 p.m.- 12:15 p.m.  Federal Procedure – Lisa Call, Assistant Federal Defender, Middle District

12:15 p.m. – 1:30 p.m.  Lunch on your own

1:30 p.m.- 2:30 p.m.     Federal Sentencing part 1 – Jim Skuthan

2:30 p.m.- 2:45 p.m.     Break

2:45 p.m.- 4:00 p.m.     Federal Sentencing part 2 – Jim Skuthan

4:00 p.m.- 4:30 p.m.     Federal Sentencing hypotheticals/Questions– Jim Skuthan

About the 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, 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.

Circuit Judge Richard Hersch has been assigned to the Felony Division in Miami-Dade County, Florida since 2015.  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 since 1996, 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. Judge Hersch is a past president of the local and statewide FACDL.  During his 25 years of service to the FACDL, he produced the Blood Breath and Tears seminar program for 8 years.  He was responsible for expanding the format to two days.  For 7 years he wrote the DUI Notes column for The Defender, making BillyBob an icon and inspiration to DUI offenders statewide.  Richard lectured throughout the state for FACDL in 2004 on Crawford v. Washington as part of his tenure as chair of the Membership Committee.  A former Chair of the Criminal Trial Certification Committee, the Traffic Court Rules Committee and member of the Code and Rules of Evidence Committee for The Florida Bar, he currently 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.  Judge Hersch is the father of two daughters, Rebecca (34) and Ellison (24).  He is an avid SCUBA diver and Instrument-Rated Private Pilot with nearly 2800 hours of flight time.

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.

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 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 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.

Hon. 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.  Judge Hirsch sends his “Constitutional Calendar” emails to thousands of recipients every month.  (Do you receive the "Constitutional Calendar" emails?  If not, go to https://groups.google.com/forum/#!forum/Milt-Hirsch-constitutionl-calendar/join and sign up for them!) Judge Hirsch looks forward to his beloved Chicago Cubs winning the World Series again in another 108 years.

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. 

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.

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).

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.

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.