On April 17, 2018, the Supreme Court issued its decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018), holding that the residual clause of 18 U.S.C. § 16’s definition of “crime of violence” is unconstitutionally vague. Having déjà vu? You’re not alone. In striking § 16’s residual clause, Dimaya relied on a “straightforward application” of its 2015 decision in Johnson v. United States, 135 S. Ct. 2551 (2015). In Johnson, the Supreme Court deemed a similar residual clause in the “violent felony” definition of the Armed Career Criminal Act to be void for vagueness.

So, how does Dimaya affect your clients? In this webinar, we will explore the impact of Dimaya on federal criminal statutes, and particularly its applicability to 18 U.S.C. § 924(c). We will identify the many reasons why Dimaya should apply to § 924(c) cases and provide you with the responses needed to refute the government’s contrary position. You will also learn how to challenge your client’s predicate conviction under the remaining portion of the “crime of violence” definition – the force clause. Finally, the webinar will address how to overcome procedural obstacles, such as a defendant’s appellate waiver, on direct review.

This webinar is targeted to practitioners with a working knowledge of the categorical and modified categorical approaches, a familiarity with the Supreme Court’s related holding in Johnson v. United States, and a basic understanding of the “crime of violence” definitions in 18 U.S.C. § 16 and 18 U.S.C. § 924(c)(3).

The Andrea Taylor Sentencing Advocacy Workshop focuses on a vital area of federal practice that has evolved since the Supreme Court declared the federal sentencing guidelines were advisory and no longer mandatory. Since approximately 97% of federal criminal cases continue to the sentencing phase, participation in the Sentencing Advocacy Workshop should not be missed. The Sentencing Advocacy Workshop teaches a comprehensive approach to sentencing where participants are trained to develop persuasive, fact-based, sentencing theories, and are provided with the advocacy skills necessary to advance their theories both in writing and during sentencing hearings. Presentations and demonstrations at the workshop include client relations and interviewing for mitigation, fact busting, developing persuasive theories and themes, storytelling at sentencing, persuasive writing, and persuasive presentation. The workshop consists of plenary sessions and small group breakout sessions. In the small group sessions, participants will use pending cases of their own to bust the facts, develop theories and themes, practice storytelling, persuasively write part of their sentencing memorandums and discuss how best to conduct sentencing hearings. 

Enrollment for this program is limited to 65 participants – priority will be given to those people who have not attended this workshop in the past. Limited financial assistance may be available to non-federal defender registrants for travel expenses.

The Law & Technology Series: Electronic Courtroom Presentation Workshop (ECP) exposes CJA panel and federal public/community defender attorneys and professional staff to the legal, strategic, and technological considerations involved with electronically presenting information in the federal courtroom during trial and hearings. This two-and-a-half-day program uses a combination of plenary presentations and small group, hands-on instruction. In the smaller breakout groups, attendees will practice direct and cross-examination, opening statements, and closing arguments, using Trial Director and PowerPoint software which are well suited for electronically presenting information in the courtroom.

To best participate at this program, all attendees are required to provide their own laptop computer and strongly encouraged to bring their own case materials (hearing/trial, small/large). In order to be considered for admission, all applicants are required to fill-out and submit a short skill set survey before their registration request is completed. NOTE: The litigation support software programs used in this workshop are designed to work on Windows operating systems (as opposed to Mac). If accepted, you must bring a laptop running Windows, or a Mac laptop running a virtualized copy of Windows.

This hands-on workshop teaches participants how to use fact-busting and principles of storytelling and persuasion to craft fact-driven written advocacy that persuasively integrates the facts of one's case with relevant legal principles. Participants will find that these techniques result in writing that is enjoyable to read and enhances one's chances of winning. During the course of the program, participants will apply these principles to one of their own cases. Registration will be limited to approximately 36 CJA panel attorneys and federal defender attorneys - priority will be given to those people who have not attended this workshop in the past. Participants must bring to the workshop an open CJA case in which they will be filing a written work product (e.g., pre-trial or trial motion, sentencing memo involving some legal challenge, opening brief on appeal).