51st Annual Criminal Law Seminar 2021

MCLE Credits: 7.0
Ethics Credits Included: 2.0

Friday, February 12, 9:00 a.m. - 5:00 p.m. ET Live Webcast Live Telephone
MCLE Credit:	7.0 (Ethics: 2.0)
Live-Interactive Credit:	7.0 (all dates, all formats)
VIDC Re-Certification Credit:	7.0 (VIDC Information)
Registration Fees:	$120 Member, VSB CR Section (e-book materials only) $150 Non-member, VSB CR Section (e-book materials only)

Information
Schedule
Faculty
Locations, Dates and Fees

Information

Why Attend?

This year's topics include:

Criminal Law Update
Objection! Lack of Foundation
New Criminal Discovery Rules
Emergency Powers v. Constitutional Rights Panel
General Ethics Overview

Sponsored by Virginia CLE^® in cooperation with the Section on Criminal Law of the Virginia State Bar

Now in its 51st year, this highly acclaimed annual event always begins with a comprehensive review of developments in substantive and procedural criminal law in the past year. You'll also receive tips from the Bench and in-depth discussion on a number of timely topics of critical interest to criminal law practitioners in 2021.

With COVID-19 concerns preventing this program from being presented live on site in Charlottesville and Williamsburg this year, the Criminal Law Section of the Virginia State Bar and Virginia CLE^® will present the 7-hour program virtually, via live webcast and telephone. On-site video replays also will NOT be scheduled.

Please note: This seminar is not eligible for Virginia CLE^® discounts, and Virginia CLE^® Online Bundle credits may NOT be used to register for this program. Registration options for this seminar are priced at a cost lower than that of Online Bundle credits.

VSB Judicial Member (Fee waived). To register, please contact Maureen Stengel at stengel@vsb.org

Visit www.vsb.org/docs/VSB-Section-Reg.pdf to register for the VSB Criminal Law Section ($20 fee)

Registration Deadlines:
Webcast:	10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone:	Online registration ends at 11:59 p.m. the day preceding the seminar Call (800) 979-8253 to register up to one hour prior to the seminar

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $60 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Inclement Weather Policy and Updates.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE (February 12) (Eastern Time)

9:00	Welcome and Opening Remarks J. Daniel Vinson
9:05	Criminal Law Update Professor Corinna Lain A comprehensive review of criminal law and procedure decisions since December 2019 from the United States Supreme Court, Fourth Circuit, Virginia Supreme Court, and Virginia Court of Appeals.
10:35	Break
10:40	Objection! Lack of Foundation Hon. Michael R. Doucette (Moderator), Hon. Gordon S. Vincent, James O. Broccoletti, C.H. “Chuck” Slemp, III A panel discussion on establishing a proper foundation for evidence in criminal cases, and when to object when your opposing counsel fails to lay the necessary foundation. Topics will include lay and expert opinions, prior inconsistent statements, video evidence (including police body camera footage and store surveillance videos), authentication of documents, social media posts, certificates of analysis, and more. The panel will include a Circuit Court judge, a General District Court judge, a Commonwealth’s Attorney, and a leading criminal defense lawyer.
11:40	Break
11:50	New Criminal Discovery Rules Douglas A. Ramseur, Bryan L. Porter On July 1, 2020, changes to Rules 3A:11 and 3A:12 took effect drastically altering the discovery rules applicable to criminal prosecutions within the Commonwealth of Virginia. This session will be an in-depth discussion of the practical implications of the Rule changes and a discussion of their impact on the practice of criminal law in Virginia.
12:50	Lunch Break
1:15	Emergency Powers v. Constitutional Rights Panel Professor Corinna Lain (Moderator), Melanie D. Wilson, Elliott J. Casey, William M. Stanley, Jr. This panel will explore the impact of COVID-19 in the context of emergency powers and constitutional rights. It will provide an overview of the law as it now stands regarding the reach of executive power in crisis health situations like a pandemic, and examine how courts have addressed challenges to such powers. It will discuss the Virginia General Assembly’s recent attempts to curb the Governor’s use of executive power in the COVID-19 context, as well as the potential criminal liability of those who have attempted to defy the Governor’s orders. It will also discuss the serious challenges—legal and practical—posed by the suspension of jury trials and their resumption, examining the impact of these challenges on the accused, the prosecution, and jurors.
2:45	Break
2:50	General Ethics Overview (Part One) James M. McCauley A comprehensive review of ethical issues commonly presented in the practice of Criminal Law from the perspectives of both the prosecution and the defense.
3:50	Break
4:00	General Ethics Overview (Part Two) James M. McCauley
5:00	Adjourn

Q&A will be handled via chat room for Webcast attendees.
Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

FACULTY

Hon. Michael R. Doucette, Nelson Circuit Court / Lovingston
Hon. Gordon S. Vincent, General District Court / Accomac
James O. Broccoletti, Zoby, Broccoletti & Normile / Norfolk
Elliott J. Casey, Commonwealth’s Attorneys’ Services Council / Williamsburg
Professor Corinna Lain, University of Richmond School of Law / Richmond
James M. McCauley, Virginia State Bar Ethics Counsel / Richmond
Bryan L. Porter, Commonwealth’s Attorney / Alexandria
Douglas A. Ramseur, The Ram Law Firm / Richmond
C.H. “Chuck” Slemp, III, Commonwealth’s Attorney / Wise
William M. Stanley, Jr., The Stanley Law Group / Moneta
Melanie D. Wilson, Dean Emeritus, University of Tennessee College of Law / Knoxville, TN