Event Calendar

Thursday, April 22, 2021

34th Annual Conference and Criminal Defense Seminar

Start Date: 4/22/2021 8:45 AM EDT
End Date: 4/22/2021 5:00 PM EDT

Venue Name: Fayette County Courthouse

Location:
120 N Limestone
Multipurpose Rm
Lexington, KY  United States  40507

Organization Name: KACDL

Contact:
Amy Bloomhuff
Email: director@kacdl.net
Phone: (502) 594-1375

34th Annual Conference & Criminal Defense Seminar
 
                               
Fayette County Courthouse and via Live Stream on YouTube
Thursday, April 22, 2021


 

8:30-9:00 am       
Registration and Check In. 


8:45  am
Welcome/Opening Remarks 
Bradley Clark, KACDL President



For eleven years, Brad Clark has focused on advocating for the accused in the Bluegrass state. He started as a state court public defender in Lexington, KY, then transitioned as an appointed counsel in death penalty cases and was recently in private practice. He joined the Suhre & Associates team in 2020 and is dedicated to providing great service to our clients. 
Brad received his undergraduate degree from Washington University in St. Louis and attended law school at the University of Kentucky. Brad has tried over thirty cases to juries, on charges ranging from misdemeanors to murder. Practicing law isn’t the only venture he’s pursued. In 2016, he created an app that has helped over 10,000 Kentuckians in the criminal expungement process.

His work on the app, Unconvicted.com, has been featured in USA Today, the Atlantic’s City Beat and the Wall Street Journal. Brad is the recipient of the 2018 Kentucky Bar Association YLD Outstanding Young Lawyer Award and the 2017 UK College of Law Young Professional Award.  He also serves as the Kentucky Association of Criminal Defense Lawyers (KACDL) President. 

 



9:00 – 10:00 am 
Ethics of Social Media Investigations
Presenter: William R. Gallagher, NACDL Board Member


 
William Gallagher is a 1987 graduate with honors from Chicago-Kent College of Law in Chicago. After seven successful years as a trial attorney in the Lake and Cook Country Public Defender Offices in Illinois, he moved to Cincinnati in 1994. Since joining the Law Offices of Hal Arenstein, Mr. Gallagher has confined his practice to criminal cases in both state and federal courts.

 




 

10:00 – 11:00 am 
Storytelling
Christopher W. Adams, President of the National Association of Criminal Defense Lawyers, Charleston, SC
 

Simple and effective ways to be creative and persuasive at trial.
 

Chris Adams is a criminal defense lawyer in Charleston, South Carolina. After spending 15 years as a public defender and non-profit lawyer, Chris opened his private practice in 2007. Chris devotes half of his practice to defending men and women facing the death penalty in federal and state courts throughout the country. Chris also defends people and businesses facing allegations or investigations in federal and state courts. Chris’ federal clients have recently benefitted from his experience, winning at trial (acquittal on all counts in 2014 in USA v. Williamson, 9:12-cr-410), on appeal (white collar sentencing reversal in 2015 in a case prosecuted in Charlotte (USA v. Alquza (4th Cir.) 14-4366), and in habeas (conviction vacated in 2015 in Harris v. USA, 2:10-cr-1198).

 




11:00 am – 12:00 pm 
Digital Evidence Overview: What is it? Where is it?

Presenter: Alice Fontier, Managing Director Neighborhood Defender Service of Harlem

This presentation will give an overview of the most common types of digital evidence, focusing on what information is generally available and how to go about getting it.  It will briefly cover the well-known and well-established issues related to computer forensics, cellphone forensics, and cell site evidence.  The majority of the time will be spent discussing newer technologies such as body worn cameras, stingrays, and facial recognition technology.  Finally, it will discuss the near-future capabilities of big data and issues to look out for in your jurisdictions. The presentation will also explain parallel construction - a primary reason why you may not see these technologies in your discovery, despite them being used by the police.

 

Alice Fontier is the Managing Director of NDS Harlem, a holistic public defense office providing criminal, civil, and family defense. She has been a practicing criminal defense attorney for seventeen years after graduating from NYU School of Law. Prior to joining NDS Harlem, Alice was the Managing Director of the Criminal Defense Practice at the Bronx Defenders.  She has previously worked as a Supervising Attorney at NDS Harlem, the Federal Defenders of San Diego, and as a private attorney in both the federal and state courts of New York. She has handled several high-profile national security cases and other media cases.    




12:00 – 1:00   pm  

Lunch Break - On Your Own

 



1:00 - 1:30 pm 
United States Supreme Court Cases and Implications for Practice
Tim Arnold, Director, Post-Trial, DPA

We will discuss important criminal law cases that have occurred since the start of the 2019 Supreme Court term.  This is not a survey of all the cases that have been decided during that time, or even all the criminal cases, but rather a highlight reel of the cases that may affect Kentucky practitioners, with a discussion of how to incorporate those decisions into their practice.

 

Tim Arnold graduated from Knox College in Galesburg, Illinois in 1993, and the University of Kentucky College of Law in 1996. Tim started his legal career as an attorney in the Juvenile Post-Disposition Branch of the Department of Public Advocacy in 1996, eventually becoming the manager of that branch in 2004.  He has been the Director of DPA’s Post-Trial Division since 2008.  Tim has argued cases before the Kentucky Court of Appeals, the Kentucky Supreme Court, and the Sixth Circuit Court of Appeals, as well as assisting with the briefing in the landmark United States Supreme Court case of Padilla v. Kentucky.  He has received the Furman Award for excellence in capital representation and the In Re Gault Award for excellence in juvenile representation from the DPA.  He has also received the Juvenile Justice Award from the Kentucky Association of Criminal Defense Lawyers, and the Jack Wasserman Memorial Award for excellence in immigrant rights litigation from the American Immigration Lawyers Association for his work on the Padilla case. 

 


 

1:30 - 2:15 pm 
KY Supreme Court Cases and Implications for Practice
Kathleen Kallaher Schmidt, Manager, Appeals, DPA, and J. Guthrie True, True Guarnieri Ayer, LLP in Frankfort, Kentucky

We will discuss significant criminal law opinions rendered since June 2020.  We will try to identify any trends of which attorneys should be aware as well as discussing how recent holdings relate to our practice.

Kathleen Kallaher Schmidt is a 1983 graduate of the University of Kentucky Law School. She attended Vanderbilt University as an undergrad. She worked for the Department of Public Advocacy from 19831992, first in the Appeals Branch, then as Assistant Director of the Capital Resource Center. She practiced law in Shepherdsville from 1992 to 2008. She rejoined DPA as Appeals Branch Manager. She has a new grandson which makes life grand.




J. Guthrie True was born in Shelbyville, Kentucky, and was raised on the family farms in Franklin and Shelby Counties. He graduated from Franklin County High School in 1977.  Guthrie is a summa cum laude graduate of Georgetown College in Georgetown, Kentucky, where he received his Bachelor of Science in business and economics in 1981.  He was a member of Phi Kappa Tau fraternity and served as his chapter’s president.  Guthrie has maintained his connection to his alma mater serving on the Georgetown College Board of Trustees since 2002, and has been honored to be elected by his fellow Board members to terms as Chair and Vice Chair of the Board.  He also served on the College’s presidential search committee.  



After completing law school in 1984, J. Guthrie True joined the law firm of Stoll, Keenon & Park (now Stoll Keenon Ogden) as an associate and eventually a partner.  In 1995, Guthrie and his long-time partner, Richard Guarnieri, broke away to form their own multi-lawyer firm focusing primarily on litigation and administrative law. Guthrie’s practice focuses on white collar criminal defense.  He spends much of his time representing individuals and corporations in federal and state grand jury investigations, and defending individuals and corporations at trial on indictments in federal and state courts in areas ranging from health care fraud to campaign finance to tax-related matters.  He also focuses on complex civil litigation, False Claims Act litigation, products liability and personal injury litigation. 
 



2:15-3:00 pm
KY Court of Appeals Cases and Implications for Practice
Josh Reho, Jefferson Co Public Defender and Mike Mazzoli, KACDL Amicus Co-Chair and Board of Director



3:00-4:00 pm
Ethical Issues Facing Defense Attorneys when Representing Clients with Severe Mental Illness
Lisa Freedman, Senior Attorney, Neighborhood Defender Service of Harlem

This discussion is about how to approach the ethical issues and obligations that arise when representing and advising clients with severe mental illness. We will be speaking about the legal defense of insanity and who authorizes its use, challenging legal competency and the implication of doing so, 72 hour holds, and plea bargaining when your client is making questionable choices.

For over 10 years, Lisa Freedman has worked with clients who suffer from mental illness. Many of these clients are undiagnosed, untreated, and at the mercy of an unjust system that understands little about mental health. Lisa has worked to convince prosecutors and judges to treat her clients with respect, while acknowledging that her clients maintain control over their own lives and cases. She has represented clients in mental health treatment courts, and presented mental illness as mitigation for plea bargains, in trials, and in sentencing. 


 


4:00-4:30 pm
2021 Legislative Activity in the 2021 General Assembly
 Philip Lawson, KACDL Legislative Agent

A review of the criminal law legislation that passed with the implications for practice, their effective date and the bills that were unsuccessful.

Philip Lawson did an internship with United States Representative Ben Chandler, served as a law clerk under former Chief Judge Hon. Sara W. Combs of the Kentucky Court of Appeals and was an assistant public defender in Frankfort. He is now an attorney with True Guarnieri Ayer, LLP in Frankfort, Kentucky.  Philip continues to represent clients in state law criminal defense, federal criminal defense, personal injury, family law, and complex civil litigation. He is KACDL’s Legislative Agent.

 



4:30 - 5:00 pm Awards presented by KACDL President


 

Registration Fees

 

 

Private Defense Attorney Member

Private Defense Attorney Non Member

Public Defense Attorney Member

Public Defense Attorney Non member

Private or Public Defense Associate Member

Law Student Member*

Life or Sustaining Member

Awards Luncheon Only

Regular 

$200

$400

$125

$200

$100

$0

$125

$40


Handouts: All handout materials are digital form and are provided 24 hrs in advance via a secured dropbox link. 

CLE: KBA pending approval for 6.5 hours of CLE credit.

Conference Brochure and Mail in Registration:

Online Registration:

Not a member? Save on registration by becoming one today! Choose the Non Member Registration button and select "Join as a New Member"

Mail in Registration: Please download the conference brochure and mail the registration form along with check made payable to KACDL to Attn: KACDL Annual Conference, Po Box 326, Hebron, KY 41048 by April 19, 2021. 

Cancellation Policy: All cancellations must be received by KACDL 96 hours in advance of event start date to receive credit  or full refund. Substitutions are allowed.

Onsite Sponsors/Vendors: