\ he Aue? ev *S' CHEAT SHEET OF OBJECTIONS TO CLOSING ARGUMENTS ~ Life Over Death, Sept. 2014 PENALTY PHASE IN PARTICULAR Gy ine ete tatiee ea 2. Disparaging mitigation 3. Arguing mitigation as aggravation ~ Q Arguing for death for an improper reason (the economic cost of a life sentence, deterrent, “send a message") 5. Comments on lack of remorse when remorse has not been argued as a mitigator 6. Arguing future dangerousness eee, | © Nr: iminishing the jurysrolein the process ~ S16 obfosly 8 8. Eliciting sympathy for the victim's family 9. “Imaginary script” arguments (subtle form of the Golden Rule) 10. "Show no mercy” arguments (a form of appealing to sympathy) 11. Arguing there is no “nexus” between mitigation and the murder (a form of misstating the law) PLUS TRIAL PHASE 12. Comments on defendant's demeanor or behavior in court 13. Golden rule 14, Misstating the evidence, matters outside the evidence 15. Misstating the law (including inviting the jury to decide the case based on who is telling the Ne truth) 6. Biblical references Inflammatory, calculated to appeal to emotion rather than reason Asks jury to deliver a message to the community, do their patriotic duty 19. Shifting the burden of proof 20, Disparaging counsel, the defendant, witnesses, or the defense (defense tricks) 21, Comment on right to remain silent 22. Prosecutorial expertise 23. Prosecutor's opinion 24. 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Opin cont (one celle endl, nod So Lae beon og) Te wetwwl) [rok lo trae beer Lllavel ter pede | Her ar eh oodivs Mud toe 9 vers wl abak hy hyn bpve SSS bak babes — sires 02 nee wk ate FN Cox) ie overt \enyl 4[IRE 11:00 1:00-1:30 8:45 —9:00 9:00-9:20 9:30 10:45 10 11:50 2:00-1:30 130-2345 3 415 430-530 5:30-7:00 830-845 S45 —9235, 9:35 10:00 10:00 ~ 10:50 11:00 = 12:00 LIFE OVER DEATH 2014 HILTON ORLANDO LAKE BUENA VISTA. 1751 HOTEL PLAZA BOULEVARD BUENA VISTA, FLORIDA AGENDA Wednesday, September 3, 2014 Early Registration ora DPSC Meeting, SALON V1 Networking SALONVI Thursday, September 4, 2014 Registration, GRAND FOYER 45 Welcome and Introduction = Pete Mills, Chairman, Death Penalty Steering Committee Florida Public Defender Association, Inc. Primer: Ethies, Case Development, Mitigation, Aggravation and Everything Carolyn Schlemmer Alternate Sess DSM 5 Issues - Deb Goins Appellate Brainstorming ~ Chris Quarles and Nada Carey Investigator & Mitigation PR Brainstorming Say MeCtain ono Lunch On Your Own ‘SALON VII Case Law Update~ Pete its 1230-2145 Doing Your Duty under the ABA Metin Vour Ethical Duties, Under the ABA Guideline ~ Sere Harper Guidelines Steve Harper The Real CSI: Forensle Flaws, Frontne & Pro Pica Pop Coen Provided 3:00-3:50 Networking SALONVI ; : ; Best Practices: Investigating and Miigatin Friday, September 5, 2014 inberlyD. Jewell 3 Announcements SALON 1-1V Westlaw Case Notebook & Clear Database ~ Mary McCaffrey and Jamie Todd Foreman, Es Developing & Integrating Mental Health Mitigation ~ Howurlene Garret and Lisa MeDermot-Peret Opening, Closing, & Objections - Al Chipperfield Lunch on Your Own What Matters to Capital Jurors -~ Liz Vartkessian 1:30 ~ 245) Mitigation: ‘The Impact of Trauma ~ Dr. Kathy Wayland Understanding Red Flags and What to Do ‘with Them Keynote Speaker: George Nendall Dr. Kathy Wayland Networking SALON V1 Saturday, September 6, 2014 Announcements SALON 1-1V. Ethics: Lessons Learned During Clemency ~ Austin Mastanis ter Award Presentation Cell Phone Tower Attacks - Eich Georgi and Steve Vermish Daubert Challenges: Making & Meeting Them — Deb GoinsTHE FLORIDA BAR (651 East JesFERsoN Sreexr JonN P. HARKNESS, JR. TALLAMASSEE, FL 32399-2300 850561-5600 Certificate of Accreditation for Continuing Legal Education 451370 June 20, 2014 Florida Public Defender Association Sonya Stanley PO Box 11057 Tallahassee, FL 32302-3057 Reference Number: 1404726N | Title: Life Over Death 2014 | Level: Intermediate Approval Period: 09/04/2014 - 03/04/2016 | CLE Credits General 17.0 Ethics 3.0 Certification Credits Criminal Appellate Law 13.0 Criminal Trial Law 13.0 Please provide the attendees the above reference number so they may go online to www. floridabar.org to report their completion of this program.THIS IS YOUR PERSONAL INVITATION LIFE OVER DEATH Death Penalty Training Program Thursday, September 4—Saturday, September 6, 2014 Hilton Orlando Lake Buena Vista, FL KEYNOTE SPEAKER: George Kendall, Lecturer in Law Columbia Law School CONFERENCE TOPICS INCLUDE: ABA GUIDELINES Learn What They Say & Get a Copy to Take Home WHAT'S MITIGATING ABOUT MENTAL HEALTH? FIND OUT! MITIGATION SPECIALIST & INVESTIGATOR TRAINING FIND OUT WHAT WORKS WITH JURORS! ETHICS CASE LAW UPDATE AND MORE... The Honorable Mike Graves The Honorable Rex Dimmig Public Defender, Sth Judicial Circuit Public Defender, 10th Judicial Circuit PLANNING COMMITTEE DEATH PENALTY STEERING COMMITTEE FLORIDA PUBLIC DEFENDER ASSOCIATIONjes ‘ CONFIDENTIALITY PLEDGE: I hereby acknowledge that materials and information provided in this seminar are confidential information and may not be disclosed except to other defense practitioners. This information reflects thoughts, opinions. impressions and strategies with regard to previous and ongoing cases and, as such, is protected under the attorney-client privilege and work product doctrine The information, materials provided at this seminar and on CD Rom or Thumb Drive are provided to participants for use in defense of criminal cases only, and any other use or distribution isa violation of copyright laws and the attorney's ethical obligation. | agree to keep all information privileged and confidential. By registering for this seminar I agree to the above and affirm that | am involved in the defense of persons accused in criminal eases. 1 will not record any presentation in any way” Wednesday, September 3, 2014 Barly Registration DPSC Meeting Networking ‘Thursday, September 4, 2014 Registration Welcome and Introduction Pete Mills, Chairman, Death Penalty Steering Committee Florida Public Defender Association, tn, 9:00~ 12:00 Primer: Ethics, Case Development, Mitigation, Aggravation and Everything Carolyn Schlemmer 9:00-9:50 Alternate Session: DSM § Issues - Deb Goins 10:00 10:50 Appellate Brainstorming ~ Chris Quarles an Nada Carey Investigator & Mitigation Specialists Program 11:00—11:50 PCR Brainstorming ~ Marty MoClain, 12:00-1:30 Lunch On Your Own, 1:30-2:48 Case Law Update - Pete Mills Opening, Closing, & Objections = Al Chippenfeld 3:00-3:50 Keynote Speaker: George Kendall Doing Your Duty under the ABA Guidelines ‘retake ‘Steve Harper Friday, September 5, 2014 Announcements 9:00-9:20 Westlaw Case Notebook & Clear Database ~ Mary McCaffrey and Jamie Todd Foreman, Es. 9:30 10:48 Developing & Integrating Mental Health Mitigation - Howardewe Garrett and Lisa MeDermott-Perez 11-00-11: Meeting Vour Ethical Duties, Under the ABA Guideline — Steve Harper Investigator & Mitigation Specialists 2:00-1:30 Lunch on Your Own Program Capital Jury Project: What Jurors Really Think ~ Wanda Foglia 1:30-2:45 d Mitigating Mitigation: The Impact of Trauma Dr. Kathy Wayland ‘The Real CSI: Forensic Flaws, Frontine & Pro Publica (Pop Corn Provided) Networking Saturday, September 6, 2014 =9:38 Ethics: Lessons Learned During Clemency ~ Ausity Mastanik 10:00 Slater Award Presentation 10:00- 10:50 Cell Phone Tower Attucks - Ealth Georgi aud Steve Yermish 11:00 12:00 Daubert Challenges: Making & Meeting Them ~ Deb GoinsAbout Our Keynote Speaker George Kendall is a Lecturer in Law at Columbia Law School. He is also the Director of Squire Sanders’ Publie Service Initiative. a pro bono working _oup that focuses most of its time on pro bono litigation and policy initiatives, He and his team of three other storneys and paralegal are éurenty handling ‘more than a do7en capital. innocence. and prison condition matters. He has represented capital clients since 1979. His professional successes include Barks ¥, Dretke. $40 US. 668 (2004): House v. Bel, $47 U.S. 518 (2006). and working to foe Joseph Dick ofthe Norfolk Four. He previously taught at Yale Law School. Florida State University School of Law. and the St Johns School of Lav. He is also the reipient of numerous profesional awards including NACDIS the Champion of Justice and NLADA"S Lite in the Balance Lifetime Achievement Award Hosts “Rex” Dimmig has been the Publie Defender forthe 10* Judicial Citeuit since 2012. Rex began his legal career in 1978 in Bartow, FL. and has spent the majority of his carer with handling criminal cases. including capita rials and clemeney. Rex has been a contributor and co-editor of “Deenting « Capital Casein Florida” and bos boen a trequset speaker at Life Over Death. Mike Graves isthe Public Defender tor the 5" Judicial Circuit. He has 30 years of experience asa former Assistant Public Defenker and eviminal defense attomey. He has tried more than 250 cases. including more than a dozen death-penaly eases. About Our Speake Nada Carey has been atthe Public Detender'soflice in Vallahassee sine 1991. and has been doing death pe Univ. of California. Hastings. in San Trancisco. in 1986, Before joining the PD. she clerked tor Rosemary Barkett atthe Florida Supreme Court and taught legal writing a PSU. ty appeals since 1994, She graduated fom Wanda D. Foglia. Professor. received her J.D_and Ph. D. from the University of Pennsylvania and is the Program Coordinator forthe MLA, in Criminal Justice. She teaches theory. treatment, and corrections courses. Her research on how capital jurors decide death penalty cases has reslled in numerous presentations. antes in academic journals and a report or the Pennsylvania Supreme Court. Br. Foglia testifies as an exper witness in death penalty a throughout the country. Other research areas include eognition and crime. deterrence, and racial and pender bigs. and she is currently working with the Youth Services Commission on reviewing corrections programs for juveniles. Her work is informed hy practical eyperince as & former Philadelphia Assistant Disirict Atiomey. Police Academy Instuetor. and facilitator For programs promoting diversity. Howardene Garrett isan Assistant Public Defender inthe 10" Circuit. She has been handling eaptal eases since 1981. in both the trisl and past-eonvieton Phases, She is board-certified Criminal Trial Lawyer. She has been a contributor and co-editor of "Defending a Capital Case in Florida Ealith Georgi isan Assistant Public Defender in the 11th Circuit. heads up the Capital Litigation Unit an is board certified in criminal tials. She has served as anadjunet professor at the Miami Schoo! of Law and has writen for NACDIL's "The Champion. Deborah Goins is un Assistant Public Defender in the 10s Circuit, She has served as the Chief ofthe Capital Trial Unt. She has tried over a dozen eapital cases, She has been a contributor and co-editor of “Defending a Capital Casein Florida” anal has been a recent speaker at Life Over Death, Kimberly D. Jewel is an Assistant Publie Defender in the 14" Judicial Circuit, She has been handling capital cases since 2006 and is currently the Chief of the Capital Division, She serves on the FPDA's Death Penalty Stecring Commit. Steve Harper teaches a coutse on the death penalty and is the supervising attorney’ in the death penaly clinie, Por 29 years he worked at the MiamisDade Public Defender Orice. the last 17 as co-coordinator of the Capital Litigation unt. He as primarily responsible forthe gathering and presentation of mitigation evidence in capital cases, From 1989-1995, he served 2s the Chief of the Juvenile Division. In 2002, he took a two year kave of absence 10 ‘coordinate the Juvenile Death Penalty Initiative, a project ending with his oversight ofthe crafting and filing of emicus brief in Roper v Simmons. Austin Mastanik isan experienced capital trial Itigator who serves a the Public Defender's Office forthe 10th Judicial Cireuit former Chair ofthe Death Penalty Steering Committ. and is board certified in eriminal trials, He has been a contributor and co-editor of “Defending a Capital Case in Florida” and has ben a frequent speaker at Life Over Death ‘Marty MeClain has been handling capital post-convietion cases singe the “80s, He recently won the Innocence Project's Frank Lee Smith Innocence Award He is curently in private practice in Ft, Laugerdae fan Public Defender in the 10" Judicial Citeuit. He has handled many’ capital eases al tril and in post-conviction, He is a contributor ‘a PMILLS@pdl. state... ete Mills isan As nd en-editor of Defending a Capital Case in Flori.” He may be tea ‘Chris Quarles is an Assistant Public Defender handling appeal inthe 7 Judicial Cirewit. Me és board eentied in eriminal appellate law. AS Chief ofthe Capital Appeals unit. he has represented over 30 people in eaptal appeals and has argued hundreds of eases in several DCAS. Carolyn Schlemmer serves asthe Chief of the Capital Division forthe 12" Judicial Cteuit. She is board certified in criminal trials and serves the FPDAS Death Penalty Siering Committee. She isa frequent LOD speaker. Dr, Kathy Wayland is based in Albuquerque, New Mesieo and consults nationally, She was par of the Faculty st Duke University Medical Center and \sorked in the area of taumaticsress syndromes, She wasa member of the Calitornia Appellate Project (CAP) and worked to identity mental health issues and mitigation themes for capital clients ‘Steve Vermish isan Assistant Public Defender inthe 11 Judicial Cieuit, where he has worked inthe Capital Litigation Unit since 2005. He is a member of the FPDA Death Penalty Stecting Committee and a fhequent contributor to the NACDL"s Champion magazine, particulary in the ateas of confrontation and indigent defense.LIFE OVER DEATH XXXII September 4-6, 2014 The Florida Publie Defender Association, Ine. invites you to attend Life Over Death XXXII. This program will be held September 4-6, 2014, at the Hilton Orlando Lake Buena Vista located on 1751 Hotel Plaza Blvd. in Buena Vista, Florida. Life Over Death XXXIII is an opportunity for both experienced litigators and attomeys handling their first capital cases to lean from experts, share ideas, and develop important contacts. Admittance to this program is by in ion only. CLE The Florida Bar has approved 17.0 for general CLE credits, includes 3.0 for Ethics. Criminal Law and Appellate Law has been approved for 13.0 credits. ‘There is a $425.00 Registration Fee for Private Attorneys, Private Investigators and part-time ROCCC Staff. r this program, anyone who is not an employee of a Public Defender Office. a full time CCRC ot Regional Counsel Office is considered a private attorney or private investigator. Payment by check should be made to the Florida Public Defender Association, Ine. and mailed to P.O Box 11057, Tallahassee, FL, 32302. The registration fee includes your choice of CD or a Thumb Drive copy of the current edition of “Defending a Capital Case in Florida. Credit cards can he accepted for payment of the registration fee. REGISTRATION FEE ~ INDIGENT DEF. PERSONNEL. ion fee for Public Defender, CCRC and full time ROCCC staff is $275 per person. All personnel ir_office administrator for registration and hotel reservation forms, The deadline for hotel HOTEL ACCOMODATIONS PRIVATE ATTORNEY A special room rate of (single/double) $99.00 + $6.50 for self-parking per night plus 12% tax is available for Life Over Death XXXIII registramts. Note: Taxes are subject to change without notice, To make your hotel room reservation you can call 1-800-782-4414 and the reference code is LOD or copy this link to your web browser. One night deposit will be charged to your eredit card at the time you make your reservation, Hotel Reservation Deadli jay, August 15, 2014 hitps://resweb-passkey .com/Resweb.do?mode=welcome_ei_new&eventID=11391599 CIRCUITS USING THE P-CARD FOR HOTEL RESERVATIONS d out eredit card authorization form and the form emailed to lilion.com listing everyone who will have their room charged to that account. Tax exempt forms must be brought in by each attendee on the day they arrive at the hotel to register for their room. One night deposit will be charged to your credit card at the time you make your reservation. Hotel Cancellation Poli not get charged one night stay. You must cancel your room reservation 3 days before your expected arrival in order to Registration Refund Refunds may be requested by mail, fax or e-mail and must be dated as shown below. Full Refund: Full refund for non-attendance if written cancellation received no later than Friday, August 22, 2014. Partial Refund: Cancellation received between August 22 and August 29. 2014 will have a cancellation fee of $50 subtracted from the registration fee. No Refund: No refund will be given for written cancellation received on or after August 29, 2014. Program Registration / Hotel Reservation Deadline is Friday, August 15, 2014, Hotel Reservations after that date will be accepted on a space-available basis.CHEAT SHEET OF OBJECTIONS TO CLOSING ARGUMENTS ~ Life Over Death, Sept. 2014 PENALTY PHASE IN PARTICULAR 1. Arguing a non-statutory aggravator 2. Disparaging mitigation 3. Arguing mitigation as aggravation 4. Arguing for death for an improper reason (the economic cost of a life sentence, deterrent, “send a message”) Comments on lack of remorse when remorse has not been argued as a mitigator Arguing future dangerousness Diminishing the jury's role in the process Elicting sympathy for the victim's family “imaginary script” arguments (subtle form of the Golden Rule) 10. “Show no mercy” arguments (a form of appealing to sympathy) 11. Arguing there is no "nexus" between mitigation and the murder (a form of misstating the Taw) pengay PLUS TRIAL PHASE 12. Comments on defendant's demeanor or behavior in court 13. Golden rule 14. Misstating the evidence, matters outside the evidence 15. Misstating the law (including inviting the jury to decide the case based on who is telling the truth) 16. Biblical references 17, Inflammatory, calculated to appeal to emotion rather than reason 18. Asks jury to deliver a message to the community, do their patriotic duty 19. Shifting the burden of proof 20. Disparaging counsel, the defendant, witnesses, or the defense (defense tricks) 21, Comment on right to remain silent 22. Prosecutorial expertise 23, Prosecutor's opinion 24. Vouching for a witness (placing the prestige of the state behind the witness or suggesting that something outside the evidence supports the witness’ testimony)The James Evans ‘Jim’ Slater Award Beginning at Life Over Death XXIV, the Florida Public Defender Association inaugurated The James Evans ‘Jim’ Slater Award for individuals who have made a significant contribution to the defense of ints in capital cases. The award is named for Jim Slater, who for many years served as an assistant Public defender and tireless trial litigator in the Twelfth Judicial Circuit. Jim also served as the Chair of the Death Penalty Steering Committee for the FPDA and was a frequent speaker at Life Over Death Presentations. Jim's sudden and untimely death in May 2005 sparked the creation of this award, to honor those who, like him, selflessly dedicated their time, energies, and spirit to vigorously defending those facing the death penalty. The first award was presented to Jim in 2005, and accepted posthumously by his family. Susan Cary received the award in 2006. Brian Donerly received the award in 2007. John J. Kearns received the award in 2008. Edith Georgi Houlihan received the award in 2009. Deborah Goins received the award in 2010 Howard “Skip” Babb and Stephen K. Harper received the award in 2011. Pete Mills and Mark Harllee received the award in 2012. Bill McLain received the award in 2013. This year’s recipient is Austin H. Maslanik. Austin practices in the Tenth Judicial Circuit as an Assistant Public Defender. He currently works in the trial unit. First and foremost Austin is a trial lawyer and mentor. However, among other roles, he has served as the Division Chief of the Capital Trial Unit, ran the Capital Clemency Unit, and oversaw the trial lawyers and investigators when he was the Trial Division Director. He has been a speaker at Life Over Death, chaired the Death Penalty Steering Committee, and helped rewrite and edit various editions of the capital trial manual, Defending @ Capital Case in Florida. Austin was nominated for this award by Pete Mills, the Chairman of the Death Penalty Steering ‘Committee, of the Florida Public Defenders Association. Discussion of his nomination was brief because his dedication to his clients, length and breadth of experience, and availability for help is well known throughout the legal community locally and statewide. His nomination was unanimously approved by the Death Penalty Steering Committee and the Board of the Florida Public Defenders Association. The Florida Public Defender Association is honored to present the James Evans “Jim” Slater Award to Austin H. Maslanik at Life Over Death XXXIII in Lake Buena Vista, Florida, Saturday, September 6, 2014.