The law of expert evidence has experienced significant recent developments.  This presentation will discuss the recent amendment to Federal Rule of Evidence 702 (experts) and what we as criminal defense lawyers can do to take advantage of the amendment (especially when it comes to excluding government sponsored expert evidence).  The presentation will also cover the recent Supreme Court decisions in Diaz v. United States (opinion on ultimate issue), and Smith v. Arizona (Confrontation Clause).

Holding Law Enforcement Accountable by Expediting the Review of Body-Camera Footage, Jail Calls, and Other Digital Discovery

Presented by Rene Valladares, Federal Public Defender for the District of Nevada

Presented by Rene Valladares, Federal Public Defender, District of Nevada

This second of two sessions provides a roadmap for criminal defense lawyers to navigate through hearsay problems. Mr. Valladares discusses what constitutes hearsay (FREs 801 and 802), the major hearsay exclusions (FRE 801(d)) and exceptions (FREs 803 and 804), and what constitutes unavailability under FRE 804. The intersection of the hearsay rules and the Confrontation Clause is also discussed.

This first of two sessions provides a roadmap for criminal defense lawyers to navigate through hearsay problems. Mr. Valladares discusses what constitutes hearsay (FREs 801 and 802), the major hearsay exclusions (FRE 801(d)) and exceptions (FREs 803 and 804), and what constitutes unavailability under FRE 804. The intersection of the hearsay rules and the Confrontation Clause is also discussed.

Rene Valladares, Federal Public Defender, District of Nevada, covers the top 12 most frequently encountered foundation scenarios, including phone calls, character evidence, refreshing recollection, tangible evidence, business records, etc.

This second of two sessions provides a roadmap for dealing with character evidence (FRE 404 and 405), including how to defend against 404(b) prior bad act evidence, and how to use FRE 404(b) to bolster the defense case. It will cover character evidence in the context of sexual assault cases (FRE 413) and child molestation cases (FRE 414). How to attack the credibility of witnesses for untruthfulness (FRE 608), and the rules dealing with impeachment by criminal conviction (FRE 609) will also be discussed.

This first of two sessions provides a roadmap for dealing with character evidence (FRE 404 and 405), including how to defend against 404(b) prior bad act evidence, and how to use FRE 404(b) to bolster the defense case. It will cover character evidence in the context of sexual assault cases (FRE 413) and child molestation cases (FRE 414). How to attack the credibility of witnesses for untruthfulness (FRE 608), and the rules dealing with impeachment by criminal conviction (FRE 609) will also be discussed.

Rene Valladares provides a roadmap for identifying and developing strategies for the evidence issues all defense lawyers face – including a framework to addressing relevance/prejudice, character/bad acts, privileges, opinion testimony, and more!

Important amendments to the Federal Rules of Evidence came into effect on December 1, 2023: Amendments to Rule 106 (rule of completeness), 605 (exclusion of witnesses) and 702 (testimony by experts). These amendments will bring significant opportunities and challenges for defense lawyers. This presentation will discuss how to avoid the challenges and how to capitalize on the opportunities presented by these amendments. We will also discuss amendments that are scheduled to become effective in 2024 as well as important evidence related cases pending before the United States Supreme Court.

A thorough understanding of Crawford and Bruton issues is crucial for criminal defense lawyers. The Confrontation Clause area, however, can seem daunting and riddled with contradictory Supreme Court decisions. This presentation demystifies Crawford and Bruton and provides defense lawyers a clear and systematic method of tackling Confrontation Clause issues.

The decades-long war on drugs distorted evidence law in drugs and guns cases leaving it littered with landmines for defense lawyers.  This presentation will provide an approach for tackling the pervasive challenges defense lawyers face in drugs and guns cases such as co-conspirator statements, prior bad acts, and questionable government expert evidence.

To combat questionable prosecution “expert” evidence, defense lawyers need to have a thorough understanding of Federal Rule of Evidence 702 and companion rules. This presentation provides practitioners with a framework for Article VII (Opinions and Expert Testimony) of the Federal Rules of Evidence, summarizes defense favorable cases, and presents arguments and tips on how to spot and avoid the most common ways the prosecution abuses expert testimony.  This area is of vital importance now considering the recent amendments to Federal Rule of Evidence 702.

Presented by Cheryl D. Stein, Cheryl D. Stein, Attorney at Law (Washington, DC)