Event Calendar

Friday, June 26, 2020

2020 Summer Webinar Series (Formerly known as the Summer Video Leg Update and Criminal Litigation Program)

Start Date: 6/26/2020 1:30 PM EDT
End Date: 6/26/2020 5:30 PM EDT

Venue Name: Webcast







2020 KACDL Video Seminar Series Agenda

1:30p-5:15p | Friday, June 26 | via Webcast (Zoom link provided 24 hrs before event date). 
 

Full KBA Accredited Program | Tech CLE 4.50 Hours, of which 1.0 hours are ethics related
 
Live Video Presentations
 
1:30 – 2:45 Suppression of Evidence from Dog Sniffs (And Other Prolonged Stops), 1.25 Total HR including 0.25 Q&A
Abe Mashni, Baldani Law Group and KACDL Class B Board Director; Assisted by B. Scott West, Department of Public Advocacy Deputy Chief and KACDL 2019 President and Education Committee Chair 
 
Learn how to extend the latest Supreme Court dog sniff suppression cases to suppress seized items in other contexts of prolonged stops, not involving K-9s. 
 

2:45 – 3:00 Break
 

3:00 – 5:15 NEW CASES, NEW LEGISLATION, NEW LEGAL STRATEGIES TO PREVAIL FOR OUR CLIENTS,2.25 Total HR including 0.25 Q&A
Facilitated by Rebecca Ballard DiLoreto, KACDL Legislative Agent & past KACDL President, with KACDL Member Jerry Wright, KACDL Member Fred Peters and KACDL Past President B. Scott West presenting and discussing.
 
Learn from a KACDL Expert Team how to apply or challenge new caselaw and new legislation.
 
  1. 2020 Legislative Session, how has the dance changed? (20m)
Rebecca Ballard DiLoreto
Overview of statutory changes that will impact the practice of criminal defense in the Commonwealth. Clarifying what did and did not pass and how these changes impact the statutes and the delivery of services to our clients.
 
  1. Changes to DUI practice based on caselaw and 2019-2020 legislation. (20m)
KACDL Member Fred Peters, KACDL Member Jerry Wright
A review of the Ignition Interlock legislation from 2019 that will be effective July 2020. An examination of Supreme Court caselaw on DUI, stops, testing and seizure of evidence
 
  1. Anticipating Marsy’s Law. (20m)
Rebecca Ballard DiLoreto & B. Scott West
 
Examining the challenges, we face in the wake of the legislative passage of Marsy’s Law, recognizing voters may approve the constitutional amendment in November 2020. Examples of motions, objections and new legal strategies in its wake. More in depth CLE anticipated for autumn 2020.
 
  1. The Critical Importance of Pretrial Suppression Practice. (20m) Jerry Wright
 
Lessons Learned from years of Practice as a Cop and a Lawyer. Why must you examine police reports, body cameras, listen to your client and hold evidentiary hearings to shut down illegal seizures and searches. Practical and savvy tips from a seasoned criminal defense attorney.
 
  1. Plumbing the depths of good and bad 2019 appellate cases.
(40m) Rebecca Ballard DiLoreto, B. Scott West, Jerry Wright, Fred Peters
 
Examining appellate holdings and exploring what they have to tell us about how we should be practicing law, including attacking tampering with physical evidence charges, preserving objections for appellate review and establishing prejudice at trial, the value of collaborative criminal defense to overcome a united prosecutorial system.
  

 Pre-recorded Presentation
 
Provided for viewing at registries leisure:
 
Handling Physical Evidence: How Does the Zealous Advocate Respond to the Challenges? 1 HR including filmed Q&A
   
Materials provided by Rodney J. Uphoff, Professor Emeritus, University of Missouri School of Law Director, University of Missouri South African Education Program
 
Your client has just thrust a gun into your hand with the words “here is the gun I used in the murder.”  Now what?  Answers to this and other dilemmas facing the criminal defense lawyer.
 
ATTENTION
 
All registries, whether participating in the "LIVE" June 26 event or not, will receive links of the event recording to watch the presentations On Demand at your leisure. Due to the nature of this event and the fact that CLE was approved for an On Demand offering, cancellations will not be allowed. YOU HAVE UNTIL JUNE 30, 2021 TO WATCH AND SUBMIT CLE CREDITS.  
 
 
2020 Speaker Bios
 
Abe Mashni is a criminal defense attorney practicing in Lexington, Kentucky. After graduating the University of Kentucky, magna cum laude with a Bachelor of Arts in Political Science, Abe earned his Juris Doctorate from the University of Kentucky College of Law.  While in law school, Abe participated on the Trial Advocacy Board and was granted a Limited Practice License from the Kentucky Supreme Court.  Abe utilized the limited license to its full extent by working at the Fayette County Commonwealth’s Attorney office.  During this time, he prosecuted a felony trial and argued several evidentiary hearings on behalf of the Commonwealth – all while still in law school.  As a result of this experience, Abe has intimate knowledge of how prosecutors and law enforcement officers will develop and prosecute your criminal case.
 
Abe began his legal career as a Staff Attorney for the Fayette Circuit Court Judge Kimberly Bunnell.  In this capacity, he gained invaluable insight of the inner workings of a complicated court system.  After a great year working for Judge Bunnell, Abe became an associate attorney at Baldani, Rowland & Richardson in 2014.
 
In 2018, the firm changed its name to Baldani Law Group and Abe was made partner.  While in private practice, Abe has successfully represented clients in over 20 counties across central Kentucky.  His jury trial experience includes: federal criminal defense, state felony criminal defense, state misdemeanor criminal defense, and personal injury.  He has also handled several family law bench trials including: divorce, custody, child support, and Kentucky Cabinet for Health and Family Services.
 
Abe’s memberships include the Kentucky Association of Criminal Defense Lawyers (KACDL) where he also serves on the board of directors, Kentucky Bar Association, and the United States District Court Eastern District of Kentucky.In 2019, Abe was awarded the Clarence Darrow Prodigy Award by the Kentucky Associate of Criminal Defense Lawyers.
 
Abe takes great pride in knowing that his clients put their trust in him to get results.  He gives every client his cell phone number because emergencies don’t only happen between 8:30am-5:00pm.  By giving each case individualized attention and focusing on the details, Abe can be proactive and aggressive in fighting for his client’s rights.
 
Abe is a former “Big” brother and currently serves on the Board of Directors of Big Brothers Big Sisters of the Bluegrass.  When not volunteering his time or practicing law, Abe enjoys spending time with his wife, Ann, and bird dog, Cooper.  He also is an avid golfer, hunter, and University of Kentucky sports fan.
 
  B. Scott West is the Deputy Public Advocate for the Kentucky Department of Public Advocacy in Frankfort, Kentucky; prior to that, Scott was the General Counsel for the agency from 2011 through October 2017.  He has been the Bluegrass Regional Manager in the Richmond Field Office, Directing Attorney for the Murray Field Office, and a staff attorney in the Hazard Field Office.  For the last 10 years, he has taught search and seizure law, as well as Miranda law, in DPA’s Public Defender College.  He is the recipient of the 2017 Kentucky Bar Association’s Thomas B. Spain CLE Award, the 2015 KBA Bruce K. Davis Bar Service Award, the 2014 Kentucky Association of Criminal Defense Lawyers’ Frank E. Haddad, Jr. Award, and 2011 DPA Gideon Award, 2011.  He is a member of the KBA Ethics Committee and was the 2019 President of the KACDL.  Prior to coming to DPA in 1999, Scott was an attorney and then senior attorney at Texaco Inc. in Houston, Texas, from 1988 through 1998, where he involved in both corporate litigation and general corporate work.  He is a graduate of the University of Kentucky Law School (1988), and Vanderbilt University (1985).  He is married to Beverley (a social worker) and father to Hannah (a sophomore at the University of Kentucky).  They live in Richmond.
  
 Hon. Rebecca Ballard DiLoreto, a native of Kentucky, graduated from Amherst College, Magna Cum Laude, 1981 and then the University of Kentucky College of Law, 1985. Rebecca represents KACDL at the Kentucky Legislature as its Legislative Agent. She served as President of KACDL for two years and as Education Chair for five years. Rebecca practiced full time as a public defender at the trial, appellate and post-conviction level across the Commonwealth for DPA, serving as law clerk and agency recruiter, and establishing the Juvenile Post Disposition Branch, the Post Trial Division and the Lexington Public Defender Office. From 2008 to 2015, Rebecca led Kentucky Litigation and Policy work for the Northern Kentucky Children’s Law Center and was that agency’s first registered lobbyist. In addition to serving KACDL at the legislature, Rebecca leads the Institute for Compassion in Justice as its Executive Director, performs as a contract attorney for DPA at the trial and post-trial levels and teaches at the University of Kentucky College of Law. 
  
Jerry Wright is a private practitioner who graduated from Eastern Kentucky University with a degree in Police and Business Administration and then, the Northern Kentucky Salmon P. Chase College of Law. From 1972-1994, Larry was a police officer with the Lexington Fayette Urban County Division of Police. He retired with rank of Lieutenant and operated in primarily criminal investigation with emphasis in commercial burglary, robbery, homicide, and domestic violence.  Larry has specialized training as a primary hostage negotiator, legal instructor, and is a graduate of FBI National Academy 122 Session. Larry has practiced criminal defense law since 1994.
 
Fred Peters has been practicing law for 40 years. He is a 1977 graduate of Transylvania University and a 1980 graduate of the University of Kentucky College of Law. Fred first practiced as a staff attorney for the United States Magistrate for the Eastern District of Kentucky, James F Cook and then went into private practice of law in 1987 through 1990 with the Honorable Burl Mc Coy at McCoy Baker and Newcomer. In 1990, Fred began his solo practice and has been a solo practitioner for the past 30 years. His practice has an emphasis in criminal law with many dui cases; four of which have published opinions at the Kentucky Supreme Court. Fred is also  licensed to practice before the United States District Court for the Eastern and Western District of Kentucky, for the United States Court of Appeals for the Sixth Circuit, and the United States Supreme Court, and he practices in all  courts in the state of Florida.

Rodney J. Uphoff was the first Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri, where he also served as the associate dean of academic affairs for three years. Before joining the MU faculty in 2001, Uphoff taught at the University of Oklahoma College of Law, where he served as a professor and director of clinical legal education and ran a criminal defense clinic for 10 years. From 1984 to 1988, he directed a criminal clinic at the University of Wisconsin Law School. Before becoming a law professor, Uphoff was a public defender from 1978-1984, including service as the chief staff attorney of the Milwaukee Office of the Wisconsin State Public Defender.
 
Uphoff has written numerous articles on criminal defense practice, the delivery of indigent defense services and ethical issues facing those involved in the criminal justice system. In 1995, he edited a book for the American Bar Association, Ethical Problems Facing the Criminal Defense Lawyer.
 
In 1995, Uphoff was appointed by Gov. Frank Keating to the Oklahoma Indigent System Board, which oversees the operation of Oklahoma’s system for delivering defense services in all counties except for Tulsa and Oklahoma County. He currently is a member of the Missouri Supreme Court’s Criminal Procedure Committee.
 
Uphoff was one of four attorneys appointed to represent Terry Nichols in Oklahoma state court. Nichols was convicted of 160 murders based on the bombing of the Murrah Building in Oklahoma City in April 1995 but did not receive the death penalty.