The 2015 OPAA Fall Training will cover a variety of topics including: an overview on law enforcement body cameras and procedures for the evidence captured; obtaining cell tower information; an Ohio Supreme Court update; pre-indictment delay issues; confrontational clause; firearms and fairgrounds; and an arson investigation/prosecution update. We will also have complete CLE required credits for “professional conduct” (what was once divided as ethics, professionalism, and substance abuse).

Thursday, September 24

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:00 Body Cams: The Products, Technology, And Legal Processes
Body worn video and other forms of digital evidence are in an exponential growth phase where the adoption of the technology on the law enforcement side far exceeds the prosecutors, defense attorneys and courts systems ability to process it. This discussion on digital media evidence is not just about the capture devices, but about the policies, legislation, implementation strategies, proper forensics strategies, and tools to accomplish the mission of the legal system in handling digital evidence.
David Glover, Director of Strategic Accounts and
Brent Berkley, National Account Representative
Taser International

10:00 - 10:15 Break

10:15 - 11:15 Use of Cellular Telephone Records in Investigations and Prosecutions
Discussion will include a basic description of how cell phone networks are set up, and how cell phones communicate within the networks, and the records established of those communications. We will then discuss how to obtain records from cell phone companies for use in investigations/prosecutions. A brief overview of the FBI’s Cellular Analysis Survey Team (CAST) will be provided. Training will conclude with case examples and how to request CAST assistance. Special Agent Jacob C. Kunkle
Federal Bureau of Investigation, Canton

11:15 - 12:15 Ohio Supreme Court Year in Review, 2014-2015
Discussion will include a review of important decisions by the Ohio Supreme Court during 2014-2015 in the area of criminal law. The presentation will focus on a slew of recent cases affecting sentencing law, death penalty cases from the past year, and decisions affecting trial strategy.
Christopher D. Schroeder, Managing Attorney, Capital Case Docket
Cuyahoga County

12:15 - 1:15 Lunch

1:15 - 2:15 Pre-Indictment Delay and Avoiding Sentencing Pitfalls
What prosecutors need to know about Ohio’s sentencing laws including a historical view of important cases; updates on merger; consecutive sentencing; understanding felony sentencing; understanding 2953.08; Ohio’s rejection of the “Sentencing Packaging Doctrine”; and protecting the record for appeal.
Judge Sean C. Gallagher
Cuyahoga County Court of Appeals

2:15 - 2:30 Break

2:30 - 3:30 Confrontation Clause From Crawford To Clark
The United States Supreme Court recently revisited the Confrontation Clause in Ohio v Clark. Since Crawford v Washington, the Court has been divided on the application of the Confrontation Clause to citizen encounters with police, government, and with non-government actors. After reviewing the history of the Court’s Confrontation Clause cases before and after Crawford questions remain for prosecutors as to the extent and application of the Confrontation Clause in criminal trials.
Matthew Meyer, Supervisor, Public Corruption Unit and
T. Allen Regas, Supervisor, Appellate Unit
Cuyahoga County

3:30 - 4:30 Firearms And Festivals – The Legal Quagmire Of Open Carry At A County Fair.
An Agricultural Society is a private entity that enjoys some of the benefits of a public entity. Ohio law draws a clear distinction between private entities and public entities, and the regulation for open carrying of firearms. The dual nature of an Agricultural Society, unlike public parks, makes the application of the law to a county fair unclear, and makes the obligations of law enforcement uncertain in regards to the open carrying of weapons. With some fairs banning all weapons, and others allowing them, prosecutors should be fully informed of the issues before one of their law enforcement agencies is called upon to address an occurrence of open carrying at a fair.
Amy B. Ikerd, Assistant Prosecutor
Mercer County

Friday, September 25

8:00 - 9:00 Registration and Continental Breakfast

9:00 - 10:30 Ohio’s Disciplinary Process
This presentation will focus on the attorney disciplinary process in Ohio. The nuances and requirements for the various components as well as the actual processing of a disciplinary grievance from start to finish will be discussed in detail. The factors that are considered by the various entities will be examined and videos of disciplinary arguments before the Supreme Court of Ohio will be utilized to explain how a case is viewed by the justices. (professional conduct)
Jonathan Coughlan, Director
Professional Responsibility and Disciplinary Proceedings
Kegler, Brown, Hill and Ritter
Columbus, Ohio

10:30 - 10:45 Break

10:45 - 11:45 Professionalism for Prosecutors: fist bumping, eye rolling, finger displays and other inappropriate behavior in the Courtroom.
According to the Ohio Supreme Court Commission on Professionalism, “the integrity of our criminal justice system depends, in large part, upon the professionalism of the lawyers who prosecute criminal matters on behalf of the state and the defense attorneys who defend the accused. In a criminal matter, the rights of the victim, the protection of the public, and the liberty of the defendant are at stake. Considering the importance of these interests, perhaps nowhere in the practice of law is it more important for attorneys to act with professionalism and to serve our system of justice honorably.” In this presentation we will examine the “Do’s and Don’ts” set forth by the Ohio Supreme Court regarding professional conduct that must be displayed during trial by prosecutors and defense attorneys. (professional conduct)
Philip D. Bogdanoff
Retired Summit County Prosecutor

11:45 - 12:45 Lunch

12:45 - 1:45 Arson The Crime; A Team Approach
The Ohio Department of Commerce, Division of State Fire Marshal’s Fire and Explosion Investigation Bureau will present a one-hour overview of arson prosecutions in Ohio. The presentation will focus on: SFM investigatory resources and processes; fire investigation procedures; state, county and local level jurisdictional issues; special search and seizure rules applicable to fire investigations; and tips for successful arson prosecutions.
Josh Hobbs, Bureau Chief
Ohio Department of Commerce
Fire & Explosion Investigations Bureau

1:45 - 2:00 Break

2:00 - 3:00 Search Warrants for Trial Prosecutors
It is Friday at 4:00 p.m. and the police need a search warrant. You are the last one to leave the office and there is nobody else to review or write a search warrant. This presentation is for trial prosecutors who do not write search warrants on a daily basis. We will cover the essentials of writing a search warrant, questions you need to ask police officers before writing a search warrant, the procedure for obtaining search warrant, motions to suppress, and the latest case law interpreting search warrants including the most recent case, State v. Castagnola.
Philip D. Bogdanoff
Retired Summit County Prosecutor

WE HAVE REQUESTED SUPREME COURT APPROVAL OF 10.50 TOTAL HOURS OF CLE CREDITS FOR THIS TRAINING WHICH INCLUDES 8 GENERAL HOURS AND 2.5 PROFESSIONAL CONDUCT HOURS.

Guest rooms at the Wyndham are $139.00 single or double occupancy. Reservations can be made by calling the Wyndham at 216-615-7500 or 866-270-6768. Be sure to tell them you are with OPAA to receive this rate. Check-in time is 3:00 p.m., and check-out time is 12:00 noon. Early check-in or late check-out are on a case-by-case basis. Cancellation policy: by 12:00 noon of the scheduled arrival day. Our hold on rooms expires on Tuesday, September 1st. Payments to Hotel: The Wyndham prefers credit cards or cash transactions. If a personal check is presented, the hotel will verify that funds are available before accepting the check. If a county wishes to pay for hotel charges with an office check, it must be presented to the hotel at least ten (10) days in advance. Presenting it at the time of check in may cause a long delay. Parking: valet parking, $24.00/night; self parking, $15.00/night – 1-1/2 blocks from the hotel.

The registration fee for members is $250.00 if attending both days, and $125.00 if attending one day only. For non members the fee is $500.00 for both days, and $250.00 for one day. These fees cover all handout materials, continental breakfast, and lunch both days, and refreshments at breaks. To help defray the cost of food guarantees, cancellations after Friday, September 18th will be assessed a penalty of $110.00 if scheduled to attend both days, and an $85.00 penalty if scheduled for one day only.

NOTE: If any registrant has special dietary needs, contact Delores at 614-221-1266,
so that advance arrangements can be made with the venue. OPAA will accommodate requests
as long as they can be supplied by the venue without additional cost.
Any additional cost must be borne by the registrant and they will be notified in advance.