Criminal Law Review & Board Certification

Tips Seminar for State and Federal Law

April 2-3, 2020

Hilton Tampa Airport Westshore

Expected to be approved for CLE Certification Credit hours in Criminal Appellate Law, Criminal Trial Law and Juvenile Law.

AGENDA

Thursday, April 2, 2020

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

8:30 a.m.- 8:35 a.m.                Opening Remarks – Sabrina Puglisi

8:35 a.m.- 8:50 a.m.                Testing Tips –Michael Ufferman, Chair of Fla. Bar Crim. Law Cert. Committee

8:50 a.m.- 9:50 a.m.                Florida Sentencing – Judge Richard Hersch, 11^th Circuit

9:50 a.m.- 10:00 a.m.              Networking Break

10:00 a.m.- 11:00 a.m.            4^th Amendment – Judge Milton Hirsch, 11^th Circuit

11:00 a.m.- 11:50 a.m.            Ethics – Brian Tannebaum

11:50 p.m.- 1:15 p.m.             Lunch on your own

1:15 p.m.- 2:15 p.m.               State Criminal Appeals – Elliot Scherker

2:15 p.m. – 3:15 p.m.              Florida Case Law Update – Denis deVlaming

3:15 p.m.- 4:05 p.m.               Florida Legislative Update - Pete Mills, APD 10th Circuit

4:05 p.m.- 4:15 p.m.               Networking Break

4:15 p.m.- 5:15 p.m.               State and Federal Evidence – Judge Terry Lewis, 2^nd Circuit

Friday, April 3, 2020

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

8:30 a.m.- 8:35 a.m.                Opening Remarks –Sabrina Puglisi

8:35 a.m.- 9:35 a.m.                Federal Appeals – Rosemary Cakmis, AFPD Middle District

9:35 a.m.- 10:15 a.m.              5^th & 6^th Amend. – Judge Jenifer Harris, 9^th Circuit, & Ret. Judge Patrick Harris

10:15 a.m.- 10:30 a.m.            Networking 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, AFPD 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, AFPD 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, AFPD Middle District

3:45 p.m.- 4:15 p.m.               Federal Sentencing testing prep hypotheticals – Jim Skuthan

Speaker Bios

Michael Ufferman - 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).

Richard Hersch - Circuit Judge Richard Hersch is currently serving as a Felony Division Judge.  This follows nearly three years as a Delinquency Division judge.  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 and Traffic Court Rules Committees of the Florida Bar, he currently serves on the Criminal Rules Committee and 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 (33), a DNA researcher, and Ellison (22) a Smith College grad currently working in a Big Law firm as a project assistant on Governmental Relations matters.  Judge Hersch is an avid SCUBA diver and Instrument-Rated Private Pilot with over 6500 hours of flight time. 

Brian Tannebaum - A newspaper reporter once wrote that Brian Tannebaum is “the lawyer that lawyers go to when they find themselves in hot water.” A native Miamian now in his 25th year of practice, Brian’s clients are either lawyers or judges trying to remain lawyers or judges, law students trying to become lawyers, law firms seeking ethics opinions and compliance with various rules, regulations and statutes, or individuals and corporations facing state or federal criminal charges. At Bast Amron, LLP, he serves as Special Counsel and General Counsel, Chairing the firm’s Ethics, Professional Responsibility and White Collar Defense Group.

Brian is listed in Best Lawyers in America, 2016 - 2020, is “AV” rated by Martindale Hubbell, and his 2014 book, The Practice: Brutal Truths About Lawyers and Lawyering, is a top 10 best-seller published by the American Bar Association.

Brian is currently Chair of the Innocence Project of Florida. He has served the Bar as a Member of the Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney Grievance for the United States District Court, Southern District of Florida, President of the Florida Association of Criminal Defense Lawyers, Member of both the Executive Council of the Florida Bar Criminal Law Section, and the Florida Bar Criminal Procedure Rules Committee, and as a Member and Vice-Chair of a Florida Bar Grievance Committee.

Brian is a graduate of Stetson University College of Law, and The University of South Florida, and a Certified Sommelier.

Rosemary Cakmis -  Rosemary Cakmis is the Senior Litigator and Appellate Chief for the Office of the Federal Defender, Middle District of Florida. Since earning her Juris Doctor degree, with honors, from the Frederic Levin College of Law at University of Florida in 1981, Rosemary has also been a federal judicial law clerk, an Assistant Federal Defender in the trial division, and a private practitioner. She is board certified by The Florida Bar in Criminal Appellate Law.

Jennifer Harris - Judge Jenifer Harris has presided as a circuit judge for the Ninth Judicial Circuit (Orlando) Florida since 2007. She currently serves in the Criminal Division. Judge Harris has serves on the Education Committee for the Florida Judicial Conference and has served as criminal track lead. She regularly lectures at statewide conferences on criminal procedure, technology, evidence, constitutional issues, and legal updates. Judge Harris is an adjunct professor at Barry University School of Law teaching criminal procedure, criminal law, and trial advocacy. Judge Harris has been faculty at the National Judicial College since 2015. She has previously taught as an adjunct for the University of Florida, University of Central Florida, and University of North Florida. Prior to becoming a judge, she worked as an assistant public defender in Orlando and Gainesville and was criminal trial certified. Judge Harris received her bachelor's degree, Juris Doctor with honors, and Master’s degree in sociology/criminology from the University of Florida. She co-authors “Florida Criminal Practice and Procedure” a multi-volume practice book for criminal lawyers

Patrick Harris - Patrick N. Harris retired from the Fairfield County, Ohio Municipal Court bench in November of 2015 where he served for twelve years.  During his tenure on the bench he presided over a docket that consisted of both criminal, traffic, and civil cases. He created the first adult Mental Health Court in his central Ohio County, and presided over that court for ten years.  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 and electronic evidence. He is an adjunct professor at the Barry University Dwayne O. Andreas School of Law in Orlando where he teaches trial advocacy.

He 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.

Patrick Harris co-authors “Florida Criminal Practice and Procedure” a multi-volume practice book for criminal lawyers.

James Skuthan - JAMES T. SKUTHAN is the Acting Federal Defender for the Middle District of Florida. He graduated with honors from Florida State University College of Law in 1985. He has worked in the Federal Defender’s office since 1990. Prior to joining that office, Jim worked as an Assistant State Public Defender in Florida. He is board certified by The Florida Bar in the area of Criminal Trial Law and Criminal Appellate Practice. He is a past President of the Central Florida Association of Criminal Defense Lawyers (CFACDL) and Past-President of Federal Bar Association (FBA), Orlando Chapter. He currently serves on the Board of Directors for FACDL. He previously served on The Florida Bar Judicial Nominating Committee for the 18th Judicial Circuit and also served on The Florida Bar Grievance Committee for the 9th Judicial Circuit. Mr. Skuthan organizes the Federal Practice Seminar every year for the Middle District of Florida Criminal Justice Act (CJA) Panel.

Milton Hirsch - Hon. Milton Hirsch has been a judge of the 11^th Judicial Circuit of Florida since January of 2011. He is also an adjunct professor of law at the University of Miami School of Law and at St. Thomas Law School. In 2013, he 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 2015, he was one of six finalists, out of all Florida circuit judges, for the Chief Justice’s Award for Judicial Excellence; in 2016, he received the Dade County bar Association’s Criminal Justice Award; and in 2017 the Miami Jewish Legal Society conferred the Shofet Tzedek (“righteous judge”) award upon him.

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 is the author of numerous law review articles; and his novel, The Shadow of Justice, was the 2005 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. He sends his “Constitutional Calendar” emails to thousands of recipients every month.

Elliot Scherker - Elliot Scherker has 40-plus years of experience as an appellate lawyer and has handled more

than 2,000 appeals in state and federal courts. Elliot brings a practical and client-centered

approach to his work. His work concentrates in appellate practice, constitutional litigation, and much more. He is Co-Chair of the firm’s National Appellate Practice, is Board Certified for Appellate Law, and is a fellow in both the American Bar Foundation and the American Academy of Appellate Lawyers. He has been admitted to practice in the Supreme Court, the Courts of Appeals, and the state of Florida. Elliot has been listed in The Best Lawyers in America for Appellate Practice, Criminal Defense, White-Collar, and Personal Injury Litigation-Defendants since 2001.

Denis deVlaming - 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 Mills - Pete Mills is an Assistant Public Defender in the 10th Judicial Circuit and Chair of the Death Penalty Steering Committee for the FPDA. Pete has handled many capital cases at trial, post-conviction, and clemency levels. He is also a contributor/editor of “Defending a Capital Case in Florida” He may be reached at pmills@pd10.org.

Terry Lewis - Terry Lewis was a Leon County Court Judge from 1989 to 1998, and a Circuit Court Judge from 1998 until his retirement in January of 2019.

He received his J.D. (with honors) from F.S.U. College of Law in 1976.  His professional service and affiliations have included: Inns of Court, Justice Teaching Institute, Florida Court Education Council, Committee on Trial Court Performance and Accountability, and the Supreme Court Committee on Jury Instructions in Civil Cases. Judge Lewis’s professional awards include Judge of the Year, Florida Law Related Education Association – 1993 and 2013, Judge Harvey Ford Leadership Award - 1996, and Trial Judge of the Year Award, American Board of Trial Advocates, Tallahassee Chapter - 2000.

Terry has been heavily involved in legal and judicial education for many years, serving as faculty for numerous courses offered at the Florida Judicial College, College of Advanced Judicial Studies and Judicial Conference Education Programs.  He served as Chair of the Education Committees for both the County and Circuit Court Conferences, and recently completed a stint as Dean of the Florida College of Advanced Judicial Studies. He is also an adjunct professor at the F.S.U. College of Law, teaching Evidence and Florida Civil Practice.

His community service and affiliations have included: Leadership Tallahassee, Leadership Florida, YMCA Board of Directors, Tallahassee Rotary Club President, Special Consultant and Volunteer Coordinator for Kids Voting, Founding Judge for Leon County Teen Court, Justice Teaching Institute Coordinator, and Leon County Whole Child Project.  He is also a frequent volunteer for high school, collegiate and law school mock trial competitions, and drafted the mock trial case for the 2004 National High School Mock Trial Competition.

Shortly after Terry became a judge, he began work on a novel. Seven years, two writing courses and many instructional books and articles later, his first novel, “Conflict of Interest”, was published in 1997.  His second novel, “Privileged Information”, was released in 2003, and his most recent, “Delusional” was released in September, 2013. He has completed a fourth and is searching for a publisher. Lewis’s legal thrillers, set in Tallahassee and surrounding area, explore that ambiguous grey area that resides in the conflict between law and morality. Terry is a past board member of the Mystery Writers of America, Florida Chapter, and was co-chair for Sleuthfest ’07, a crime writer’s conference in Miami Beach. He also served several years on the advisory board for the Florida Book Awards.

Lisa Call - 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.

Unable to attend? The Full 2 Day Course Materials (including audio) will be available for CLE Credit

For more information call  the FACDL office at (850) 385-5080 • E-mail: facdl@facdl.org