Wednesday, January 23, 2008
9:00 a.m. - 5:30 p.m.
9:00 - 9:10 -- Introduction to Morning Session.
9:10 - 10:00 -- Nuts & Bolts of District Court CJA vouchers & Requests for Experts. Saunda Ruff, Rhonda Reynolds and Susan Otto. CJA issues for the trial court practitioner.
10:00 - 10:15 -- Morning break
10:15 - 11:10 -- Deal or No deal. David Ogle, Mack Martin, Paul Brunton and J.W. Coyle. Waiver, stipulations and the ethics of plea bargaining.
11:10 - 12:00 -- Telling the Tale at Sentencing - Sentencing in the wake of Booker and Rita David Ogle & Bill Earley discuss getting your client's story told.
12:00 - 1:00 -- Lunch on your own.
1:00 - 1:10 -- Introduction to Afternoon Session.
1:10 - 2:00 -- Ethics in Appellate Practice. Barry Derryberry and Julia O'Connell. An interactive discussion of ethical problems in the appellate process.
2:00 - 3:15 -- Sandtraps, Bouncing Betties and Other Pitfalls of the Appellate Process. Betsy Shumaker and SueAnn Fitch. Getting your Tenth Circuit appeal filed properly (CM and e-submission issues). CJA appointments and payments.
3:15 - 3:30 -- Break
3:30 - 4:30 -- Record Building at Trial and Appellate Issue Spotting. Paul Antonio Lacy and Gary S. Peterson. How to lay a foundation for appeal. Direct appeal issue spotting and post-conviction implications.
4:30 - 5:30 -- Scripted Q&A with Panel of Tenth Circuit Judges. Western District of Oklahoma Federal Public Defender Susan Otto and United States Attorney John Richter query a panel of Tenth Circuit judges about briefs and oral argument.
This program has been approved for CLE credits in the following states: Colorado ____ hrs, New Mexico ____ hrs, Utah ____ hrs, Kansas ____ hrs, Oklahoma ____ hrs, Wyoming -____ hrs.
(in alphabetical order)
Paul Brunton. Paul Brunton graduated from the University of Oklahoma, received his J.D. from the University of Tulsa and an LL.M from the University of Arkansas. He served in the Oklahoma House of Representatives from 1974-1980. He is a fellow, member, and director or former director of numerous county, state and federal bar associations. Paul received the 2005 Oklahoma Criminal Defense Lawyers' Lord Erskine Award. He was the Federal Public Defender for the Northern and Eastern Districts of Oklahoma from 2001 to 2006 and is currently a partner in a Tulsa law firm.
Barry Derryberry. Barry L. Derryberry is a Research & Writing Specialist in the Federal Public Defender's Office, where he primarily handles appeals. He was an appellate lawyer in the Tulsa County Public Defender's Office from 1989 to 2001. He served on the Oklahoma Court of Criminal Appeals' Court Rules Committee for several years, and since 1994 has been a member of that Court's Committee for the Preparation of Uniform Criminal Jury Instructions.
Bill Earley. William Earley is an Assistant Federal Public Defender in the Western District of Oklahoma. He received his B.S. from Oklahoma State University and a J.D. from the University of Oklahoma College of Law. After serving one year as an Assistant District Attorney with the Grady County District Attorney's office, Mr. Earley began his tenure as an Assistant Federal Public Defender. He has been in the trial division of that office for over twenty years.
SueAnn Fitch. SueAnn is the Tenth Circuit's CJA Supervising Attorney. She coordinates appellate CJA cold-record appointments for the court's newly-created appellate panel, organizes educational opportunities for appellate CJA attorneys, and assists the court with its review of appellate CJA vouchers. Ms. Fitch received her J.D. in 1980 from the University of Denver and was a Colorado state deputy public defender until 1985. Since then SueAnn has handled large, complex reorganization matters and general litigation.
Paul Antonio Lacy. Tony Lacy is an Assistant Federal Public Defender for the Western District of Oklahoma. He accepted CJA cases in that district while he was in private practice in Oklahoma City from 1981 until 1995. He is co-editor of the National Association of Federal Defenders' newsletter. Mr. Lacy was the 2006 recipient of the Oklahoma Criminal Defense Lawyers Association's Clarence Darrow Award for zealous criminal defense advocacy and the 2006 Oklahoma County Criminal Defense Lawyers Association's Barry Albert Award for excellence in advocacy.
Mack Martin. For over twenty-five (25) years Mack Martin has practiced with an emphasis in the area of criminal defense. He is admitted to the bars of the state and federal courts of Oklahoma, several other federal district courts, the Courts of Appeals for the Fourth and Tenth Circuits and the United States Supreme Court. He is a long-time member of the Oklahoma Criminal Defense Lawyers Association (OCDLA) and a life member of the National Association of Criminal Defense Lawyers. He received the 2000 OCDLA Lord Erskine Award. Mack is a fellow of both the American Board of Criminal Lawyers and the American College of Trial Lawyers.
Julia O'Connell. Julia O'Connell is an Assistant Federal Defender for the Northern and Eastern Districts of Oklahoma. For several years, she was an attorney on the staff of the Tulsa County Public Defender, where she worked on felony trials as well as appeals. She is a charter member and past president of the Tulsa Criminal Defense Lawyers Association. Julia is active in the National Association of Criminal Defense Lawyers, where she serves on the Champion magazine editorial board.
J. David Ogle. David Ogle limits his practice to criminal defense with an emphasis on grand jury, trial and appellate practice. He is currently president of the Oklahoma Criminal Defense Lawyers Association and on the board of the Oklahoma County Bar Association. David's J.D. is from Oklahoma City University and he is admitted to practice in the federal districts of Oklahoma and Colorado, the Tenth Circuit and the U.S. Supreme Court. He is the Western Oklahoma representative appointed to the Tenth Circuit Court of Appeals CJA Standing Committee.
Susan Otto. Susan Otto graduated from St. John's College in Santa Fe, New Mexico and received her J.D. from Oklahoma City University. She clerked for United States District Judge Ralph G. Thompson of the Western District of Oklahoma from 1984-1986. Susan was then assistant FPD for the three Oklahoma federal districts from 1986-1990 and acting FPD for the same districts from 1990-1992. She has been the the Federal Public Defender for the Western District of Oklahoma since 1992.
Gary Peterson. Gary Peterson is with the firm of Tomlinson & O'Connell. He has practiced in Oklahoma City since 1978, primarily in the field of patent law. He has also handled many court-appointed federal criminal cases, both at trial and on appeal.
Rhonda Reynolds. Rhonda Reynolds received her B.S. with distinction from San Diego State University and her J.D. from the University of Oklahoma. She practiced in the private sector and was a law clerk to the Honorable Wayne E. Alley and the Honorable Robin J. Cauthron. Before becoming Chief Deputy for the Western District of Oklahoma in 2001, Ms. Reynolds held a similar position in Tulsa for the United States Bankruptcy Court for the Northern District of Oklahoma. She has twice been recognized for her valued services related to implementing electronic filing.
John C. Richter. John C. Richter is the United States Attorney for the Western District of Oklahoma. He previously served as the Acting Assistant Attorney General in charge of the Criminal Division in Washington, D.C., and as an AUSA in Oklahoma City and Atlanta. Prior to joining the Department of Justice, Mr. Richter practiced privately and represented institutional and individual clients in civil matters. A 1992 graduate from the University of Virginia School of Law, he began his legal career as a law clerk to the Honorable J. Owen Forrester in the Northern District of Georgia.
Saunda Ruff. Saunda Ruff is the CJA Panel Manager for the Federal Public Defender for the Western District of Oklahoma. She has been with the FPD since March, 1987. Some of her duties include coordinating CJA appointments at the trial level as well as assisting the Court with auditing vouchers for mathematical and technical accuracy.
Elisabeth Shumaker. Elisabeth A. (Betsy) Shumaker presently serves as Clerk of Court for the Tenth Circuit Court of Appeals. She joined the court's staff in January of 1990 and since that time has served in various capacities including staff attorney, chief deputy clerk and circuit executive. Prior to coming to the court Betsy was in private practice where she focused on various types of civil defense work. She is a graduate of the University of Wisconsin and Suffolk University Law School.