Current Issues in Criminal Law
November 19, 2010
9:00 a.m. – 4:15 p.m.
5.75 MCLE hours, including 0.75 approved Professional Responsibility MCLE credit hours
Presented by Criminal Justice
Co-sponsored by Traffic Laws and Courts
Chicago
ISBA Chicago Regional Office
20 S. Clark St. Suite 900
(map and directions)
This full-day seminar examines the issues most commonly faced in the Illinois criminal courts today with an emphasis on both pre- and post-trial motion practices. Topics include: sentence enhancements in traffic and DUI cases; locating electronic discovery and issuing a subpoena to produce it; search and seizure issues; presenting plea agreements properly; voluntariness issues; post-sentencing motions; obtaining expungment orders; and much more. An overview of recent case law and legislative updates is also included. The program is designed for criminal defense practitioners, general practice lawyers, Assistant State’s Attorneys, and Assistant Public Defenders with all levels of practice experience.
Program Coordinator/Moderator:
Hon. Donald D. Bernardi, Circuit Court Judge (ret.), 11th Judicial Circuit, Bloomington
Agenda
9:00 – 9:45 a.m. Case Law Update
This segment provides a comprehensive overview of the current cases from the Illinois Appellate and Supreme Court, as well as a look at several U.S. Supreme Court cases that are important to the criminal courts.
Hon. Patrick J. Quinn, Appellate Court Judge, 1st District, Chicago
9:45 – 10:15 a.m. Legislative Update
In this segment, the speaker discusses recently passed legislation and explains how this legislation affects the practice in the criminal courts.
Steven W. Baker, Cook County Public Defender, Chicago
10:15 – 10:30 a.m. Break (beverages provided)
10:30 – 11:15 a.m. Felony Traffic and DUI Issues
Each year there are new legislative enhancements to driving offenses and, as a result, the penalties now include a great number of felonies, with long-term loss of license and prison as a likely punishment. This segment concentrates on the sentence enhancements in both felony traffic and felony DUI cases.
Ava M. George Stewart, Law Office of Ava George Stewart, Chicago
11:15 a.m. – 12:00 p.m. Electronic Discovery
The practice of criminal law now includes the access to and discovery of electronic information that can be critically important in a trial. This segment explores the methods used to locate this information and the proper way to issue the subpoena to produce it.
Stephen M. Komie, Komie and Associates, Chicago
12:00 – 1:00 p.m. Lunch (on your own)
1:00 – 1:30 p.m. Search and Seizure Updates
In this segment, the speaker reviews the recent Supreme and Appellate court cases on search and seizure issues, with a concentration on the Fourth, Fifth, and Sixth Amendments.
Jeremy S. Karlin, Alcorn Karlin LLC, Galesburg
1:30 – 2:15 p.m. Pleas and Sentencing Issues
This segment discusses the proper way to present plea agreements, as well as some of the pitfalls in the sentencing code. Voluntariness issues are also explored in light of the U.S. Supreme court case of Padilla v. Kentucky[1].
Hon. Donald D. Bernardi, Circuit Court Judge (ret.), 11th Judicial Circuit, Bloomington
2:15 – 3:00 p.m. The Criminal Post-Trial Motion
In an effort to ensure that all issues are preserved for appeal, an attorney must identify the proper way to plead a motion. This segment examines the right and wrong ways to accomplish this task, as well as a discussion on the need for post-sentencing motions.
Mark K. Wykoff, Sr., Wykoff Law Office LLC, Springfield
3:00 – 3:15 p.m. Break (refreshments provided)
3:15 – 4:15 p.m. The ABC’s of Criminal Histories and Expungements
This segment explains the meaning of the criminal histories presented in court each day, including National Crime Information Center (NCIC), FBI, and Illinois State Police rap sheets. In addition, the proper procedure for obtaining an expungement order is also examined.
Christie E. Fischer, Office of the State Appellate Defender, Chicago