Michael N. Burt

Law Office of Michael Burt

1000 Brannan Street Suite 400

San Francisco, California 94103

415-522-1508 phone

415-522-1506 fax

mb@michaelburtlaw.com

 

 

 

 

EMPLOYMENT

 

2003 - Present           Private Practitioner                         

I am currently a solo practitioner specializing in all aspects of the defense of capital cases and cases involving mental health, intellectual disability, and forensic science issues .

 

2001- Present            Federal Death Penalty Resource Counsel

I currently serve, along with thirteen other capital defense counsel throughout the country, as Federal Death Penalty Resource Counsel. I assist court-appointed and defender attorneys charged with the defense of capital cases in the federal courts. The Project is funded and administered under the Criminal Justice Act by the Defender Services Division of the Administrative Office of the United States Courts .

 

2002- 2004                Mexican Capital Legal Assistance Project Counsel

I represented the government of Mexico in a nationwide legal assistance program for Mexican nationals accused or convicted of capital crimes .

 

1989 - 2002               Head Trial Attorney,

San Francisco Public Defender’s Office

I was responsible for all aspects of representation in capital cases, including extensive pretrial motion and appellate work, supervision, training, and lead attorney trial practice as well as general supervision of all forensic science cases .

 

 

 

 

 

 

 

1983 - 1989               Principal Trial Attorney,

San Francisco Public Defender’s Office

My responsibilities included representation in capital and noncapital homicide cases, as well as complex sexual assault cases .

 

1982 - 1983               Senior Trial Attorney,

San Francisco Public Defender’s Office

My responsibilities included representation primarily in complex sexual assault cases .

 

 

 

1979 - 1982               Trial Attorney, San Francisco Public Defender’s Office

My responsibilities included representation in serious felony cases .

 

1978 - 1979               Trial Attorney, San Joaquin County Public Defender’s Office

My responsibilities included representation in misdemeanor cases.  In total, I have tried over fifty cases to a jury, including four lengthy capital cases and over a dozen in which the principal charge was murder .

 

 

EDUCATION

 

1978                           J.D., cum laude, State University of New York at Buffalo

 

1974                           B.A., summa cum laude, State University of New York at Albany

 

PROFESSIONAL

 

1994-Present           Editorial Board, Forecite: Latest Developments in Criminal

                                 Jury Instructions (2013 ed.)

 

2007-2000                        Member, California Crime Laboratories Task Force

 

1993- 2003                Editor-in-Chief, California Death Penalty Defense Manual (1993 and 1998 Eds. with 1999-2003 supps.), California Attorneys for Criminal Justice and the California Public Defenders Association

 

 

1985 - 1992               Member, California Attorneys for Criminal Justice/California Public Defenders Association Death Penalty Seminar Planning Committee

 

1991                       Co-Chairperson, California Attorneys for Criminal Justice/California Public Defenders Association Death Penalty Seminar Planning Committee

 

1985                           Certified Criminal Law Specialist

 

1978                           Admitted to the California Bar

 

 

 

 

CAPITAL CASE EXPERIENCE

The capital or special circumstance murder cases in which I have been appointed or served as Resource Counsel include:

 

United States v. Naeem Williams (child abuse/torture murder of five year old victim on military reservation; life verdict after five month trial in the District of New Hawaii)

 

United States v. John McCluskey (multiple murder case involving an Arizona  escapee who allegedly committed two murders in New Mexico; life verdict after four month trial in the District of New Mexico)

 

United States v. Ronell Wilson (police officer murder remanded from Second Circuit for penalty retrial in the Eastern District of New York; appointed as lead counsel to litigate mental retardation claim)

 

 

United States v. Christopher Ablett (RICO, murder, conspiracy case involving the Mongols motorcycle gang in the Northern District of California; pretrial litigation resulted in Attorney General not seeking the death penalty)


United States v. Anton Lewis (multiple murder arson case in the Northern District of Ohio;  client found mentally retarded following extensive pretrial hearing)

 

United States v. Erick Lopez (RICO, murder, conspiracy case involving the MS-13 gang in the Northern District of California; mitigation presentation re client’s mental retardation resulted in Attorney General not seeking the death penalty)

 

United States v. Dominic Stewart (murder case at ADX Florence prison complex prosecuted in the District of Colorado; mitigation presentation resulted in Attorney General not seeking the death penalty)    

 

United States v. Donald Taylor (RICO, murder, conspiracy case involving the Aryan Brotherhood prison gang in the District of New Mexico; negotiated disposition on eve of trial for life sentence)

 

United States v. Earl Davis (murder case involving armored car heist in the District of Maryland; client found mentally retarded following extensive pretrial hearing)

 

United States v. Edgar Diaz (RICO, multiple murder, conspiracy case involving an African American street gang; negotiated disposition on eve of trial for 40 year sentence in the Northern District of California)

 

United States v. David George (RICO, multiple murder, conspiracy case involving an African American street gang in the Northern District of California; mitigation presentation resulted in Attorney General not seeking the death penalty)

 

United States v. Kevin Gonzalves (RICO, murder, conspiracy case involving a gambling organization in the District Court of Hawaii; mitigation presentation resulted in Attorney General not seeking the death penalty)  

 

United States v. Eric Robert Rudolph (Birmingham abortion clinic, Olympic Park and other bombings; negotiated life sentence in the Northern District of Alabama)

 

United States v. Eng Yong Feng (RICO, conspiracy case involving alleged Asian gang in the Northern District of California; mitigation presentation  resulted in Attorney General not seeking the death penalty)

 


United States v. Alquin Oregana (drug conspiracy, murder  case in the Northern District of California; mitigation presentation  resulted in Attorney General not seeking the death penalty)

 

United States v. Barry Mills (RICO, multiple murder, conspiracy case involving the Aryan Brotherhood prison gang in the Central District of California)

 

United States v. Shango Greer (RICO, multiple murder, conspiracy case involving the Pitch Dark Family gang in the Eastern District of California; mitigation presentation  resulted in Attorney General not seeking the death penalty)

 

United States v. Jacob Enriquez (RICO, multiple murder, conspiracy case involving the Nuestra  Familia prison gang in the Northern District of California; mitigation presentation  resulted in Attorney General not seeking the death penalty)

 

United States v. Walter Pierre Rausini (drug conspiracy, continuing criminal enterprise, and double murder capital case settled for a forty year term in the Northern District of California )

 

United States v. Shi Lei (murder and mutiny on the high seas in the District of Hawaii; mitigation presentation  resulted in Attorney General not seeking the death penalty)

 

United States v. Bryson Jose (murder on a military reservation in the District of Hawaii; mitigation presentation  resulted in Attorney General not seeking the death penalty)

 

People v. Melissa Huckaby (murder of a twelve year old and rape with a foreign object in San Joaquin County; negotiated disposition to a life sentence)

 

People v. Ray Boudreau (cop killing by Black Panther Party member in San Francisco County; charges dismissed after extensive pretrial litigation)

 

People v. Jehad Baqleh (murder and rape in San Francisco County; mentally retarded client found incompetent to stand trial and then not guilty by reason of insanity)

 

People v. Cary Stayner (multiple murder of Yosemite tourists in Mariposa County; six month capital trial in Santa Clara County on a change of venue resulted in death verdict)


People v. Robert Nawi  (2001 murder for hire case in San Francisco County involving challenge to DNA, fingerprint and handwriting evidence; death penalty allegation stricken prior to twelve month trial)

 

People v, Felton Kittling (extensive multi-defendant DNA admissibility hearing resulted in first successful challenge to STR DNA evidence in the United States; special circumstance stricken on pretrial motion)

 

People v. Mendes Stanley Brown (following extensive pretrial motion litigation, including complex jury composition challenge, this robbery murder capital case in San Francisco ended in a negotiated life sentence in 1997 )

 

People v. Lyle Menendez (in 1993, I took a leave of absence from my office to participate in the first trial of a Los Angeles capital case involving two brothers accused of murdering their wealthy parents.  The jury hung six to six on issues of guilt)

 

People v. Richard Ramirez (alleged serial killer facing capital charges in San Francisco after conviction of 13 murders in Los Angeles; negotiated agreement not to pursue case until after appeal in LA case)

 

People v. Charles Ng (alleged serial killer facing murder charges in San Francisco and Orange counties.  I represented this client beginning in 1985, including an appearance before the Supreme Court of Canada to assist Canadian counsel in presentation of an international law extradition defense)

 

People v. William Melvin White (torture and multiple murder prosecution in San Francisco County.  The jury returned a life verdict after a ten-month trial ending in 1991 in which over 50 defense penalty phase witnesses portrayed my intellectually impaired client as the victim of extensive parental sexual and physical abuse and a good candidate for institutional adjustment)

 

People v. Brian Thompson (rape-murder prosecution of 19-year-old  defendant for sexual assault and murder of his 64-year-old adoptive grandmother in San Francisco County.  The special circumstance was stricken on pretrial motion and a verdict of not guilty by reason of insanity was obtained in 1988)

 

People v. Willie Bolds (burglary and murder of an elderly victim in San Francisco.  The case was resolved by a life without parole disposition mid-trial in 1987)


People v. Philip and Velma Henderson (I represented the husband in this prosecution of a couple charged with quadruple murder in San Francisco County.  The jury returned a life without parole verdict after a seven-month trial ending in 1986 in which mitigation evidence focused on institutional adjustment, parental neglect, and lingering doubt.  My preparation of this case began in 1982).

 

 

 

APPELLATE EXPERIENCE

 

Published Cases

Angela Johnson v. United States, 860 F.Supp.2d 663 (ND Iowa 2012)          In re Andrews (2002)  28 Cal 4th 1234

Baqleh v. Superior Court (2002) 100 Cal.App.4th 478

Ng v. Superior Court (1992) 4 Cal.4th 29

Menendez v. Superior Court (1992) 3 Cal.4th 435

White v. Roper (9th Cir. 1990) 901 F.2d 1501

Simmons v. Municipal Court (1980) 109 Cal.App.3d 15

 

 

 

Cases in Which I Have Served as a Strickland (Legal Malpractice) Expert

 

Mickey v. Woodford (N.D. Cal. No. 93-0243)(declaration and evidentiary hearing testimony) 

Billy Ray Hamilton v. Calderon (N.D. Cal. No. 89-3578)(declaration and evidentiary hearing testimony)

Daniels v. Calderon (C.D. Cal. No. 92-4683)(declaration)

Heisman v. Calderon (N.D. Cal. No. 90-1815)(declaration)

Jennings v. Calderon (N.D. Cal. No. 89-01360)(declaration, deposition, and evidentiary hearing testimony)

Johnson (Laverne) v. Calderon (N.D. Cal. No. 95-305)(declaration)

Taylor v. Calderon (N.D. Cal. No. 92-1627)(declaration)

Thomas v. Calderon (N.D. Cal. No. 93-0616)(declaration)

In re William Clark (Cal. Sp. Ct. No. S022475)(declaration)

In re Calvin Coleman (Cal. Sp. Ct. No. S02349)(declaration)

In re Davis (Cal. Sp. Ct. No. S014636)(declaration)

In re Kenneth Earl Gay (Cal. Sp. Ct. No. S004699)(declaration)


In re Larry Lucas (Cal. Sp. Ct. No. S050142) (declaration and evidentiary hearing testimony)

In re Raley (Cal. Sp. Ct. No.S005870)(declaration)

 

 

OTHER POST- CONVICTION EXPERIENCE

 

Angela Johnson v. United States, 860 F.Supp.2d 663 (ND Iowa  2012)(appointed lead counsel in 2255 evidentiary hearing involving first woman sentenced to death under Federal Death Penalty Act; court granted relief based on mental health presentation)

 

Misskelley v. State of Arkansas (mentally retarded client convicted of multiple murder and sexual abuse of three children; post conviction evidentiary hearing led to release of client in 2011) 

 

Carroll v. State of Alabama (Sumter Co. Ala.) (At request of Southern Center for Human Rights, I served  as pro bono state post conviction counsel for an indigent Alabama death row inmate)

 

In re Jesse Andrews (2002)  28 Cal 4th 1234.  (In 1993, I was retained by the State Public Defender to act as lead counsel in an evidentiary hearing ordered by the Supreme Court.  I am currently lead counsel in federal habeas corpus proceedings which resulted in reversal of penalty phase verdict by federal district court; case currently pending in Ninth Circuit).

 

 

PUBLICATIONS RELATING TO CAPITAL LITIGATION OR FORENSIC SCIENCE

 

“How Scientific Is Forensic Science”, The Champion, August 2009

 

 “The Importance of Storytelling At All Stages of a Capital Case”, 77 University of Missouri Kansas City Law Review 877 (2009)

 

“Effective Capital Representation in the Twenty-First Century,”(Feb. 1998, 1999, 2000, 2001, 2002, and 2003 Ed.) 1 California Death Penalty Defense Manual.

 


“ Motions and Record Preservation,” (Feb. 1998, 1999, 2000, 2001, 2002, and 2003 Ed.) 1 California Death Penalty Defense Manual.

 

“Penalty Phase Instructions,” (Feb. 1998, 1999, 2002, 2001, 2002 and 2003 Ed.) 1 California Death Penalty Defense Manual.

 

“Mitigation Evidence Twenty Years After Lockett,” (Feb. 1998 Ed.) 3 California Death Penalty Defense Manual.

 

“Assessment of Client Competence: A Suggested Approach,” (June 1998)           The Champion, Vol. XXII No.5, p. 18.

 

“Effective Capital Representation in the 90s,” (1993) Forum,Vol. 20, No. 2, p. 237.

 

“Overview:  Effective  Capital Representation in the Nineties,” (Feb. 1993 Ed.)  1 California Death Penalty Defense Manual .

 

“Penalty Phase Jury Instructions,” (Feb. 1993 Ed.) 1 California Death Penalty Defense Manual.

 

“Penalty Phase Evidence:  Some Observations, Case Materials and Recommended Reading for Oregon Lawyers,” published in Oregon Criminal Defense Lawyers Association, Defending Death Penalty Cases (1988 ed.).

 

“Discovery in Death Penalty Cases,” 7 San Francisco Barrister Law Journal 9 (1988).

 

PRESENTATIONS  RELATING  TO  CAPITAL LITIGATION OR FORENSIC SCIENCE

 

“What is Mental Retardaation ? ”, 2013 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2012, Monterey, California

 

“Litigating Atkins  Claims”, 2013 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2013, Monterey, California

 

“Litigating Atkins  Claims”, 2012 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2012, Monterey, California


“Adaptive Functioning”, 2012 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2012, Monterey, California

 

“Best Trial Practices – What We're Learning from Experience”, 2011 Federal Capital Defense Strategy Session, Nov. 2011, New Orleans, Louisiana

 

“Lessons From Recent Cases”,  2011 Federal Death Penalty Resource  Counsel Project Capital  Defense Strategy Session, Nov. 2011, New Orleans, Louisiana

 

“Winning Atkins Hearings”, 8th National Seminar on the Development and Integration of Mitigation Evidence”,  Habeas Assistance and Training Counsel  Seminar, March 31, 2011, Chicago, Illinois

 

“Challenging Firearm and Toolmark Evidence”, 2011 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2011, Monterey, California

 

“Prosecution Mental Health Examinations”, 2011 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2011, Monterey, California

 

“Investigating and Presenting Intellectual Disabilities”, 2010 Federal Capital Defense Strategy Session, Nov. 2010, Austin, Texas

 

“Navigating and Litigating Rule 12.2”,  2010 Federal Capital Defense Strategy Session, Nov. 2010, Austin, Texas

 

“Using the NAS Reports to Challenge Forensic Evidence”, 2010 Federal Capital Defense Strategy Session, Nov. 2010, Austin, Texas

 

“Investigating and Presenting Intellectual Disability and Cognitive Functioning Claims”,  2010 Federal Death Penalty Resource  Counsel Authorized Case Training, June 2010, New Orleans, Louisiana

 

“Firearm and Toolmark Evidence”, 2010 Litigating Non-DNA Post-Conviction Innocence Cases, National Association of Criminal Defense Lawyers, April 2010, Atlanta, Georgia            

 

“Using the NAS Report on Forensic Science in Post-Conviction”, 2010 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2010, Monterey, California

 


“Anticipating Rebuttal of Mental Health Experts and Preparing for Cross”, 2010 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2010, Monterey, California    

 

“Litigation Responses to the NAS Report”, Sixth National Seminar on Forensic Evidence and the Criminal Law”, Jan., 2010, San Diego, California

 

“Rule12.2 Litigation”, 2009 Federal Capital Defense Strategy Session, Nov. 2009, Nashville, Tennessee

 

“Federal Lessons for State Cases”,  2009 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2009, Monterey, California

 

“Prosecution Mental Health Examinations”,  2009  CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2009, Monterey, California

 

“ Challenging the Prosecution’s DNA Evidence: Discovery and Litigation Strategies”, Fifth National Seminar on Forensic Evidence and the Criminal Law”, Jan., 2009, Philadelphia, Pennsylvania

 

“Discovery Issues in Federal Capital Cases”, 2008 Federal Capital Defense Strategy Session, Nov. 2008, Phoenix, Arizona

 

“Emerging and Recurring Issues in Psychological Testing”, 2008 Federal Capital Defense Strategy Session, Nov. 2008, Phoenix, Arizona

 

“Junk Science”, NACDL & CACJ’s Forensic Science Seminar, April 2008, Las Vegas, Nevada  

 

“Investigating and Choosing Experts”, 2008 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2008, Monterey, California

 

“Future Dangerousness Challenges”,  2008 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2008, Monterey, California

 

“Scorched Earth Aggressive Strategies for Resolving Even the Most Difficult Cases”,  2007 Federal Capital Defense Strategy Session, Nov. 2007, Baltimore, Maryland

 


“Thinking More Critically About the Government’s Scientific Evidence” , 2007 Federal Capital Defense Strategy Session, Nov. 2007, Baltimore, Maryland

 

“The Current State of Disarray in Forensics”, 2007 Montana Public defender Statewide Conference, Aug. 2007, Livingston, Montana

 

“Issues Related to Mental Health–12.2 Litigation and Beyond”, 2007 Federal Resource Counsel Regional Training, Jan. 2007, Baltimore, Maryland

 

“Pseudoscience v. Real Science: Exposing Prosecution Junk Science”, Motions, Evidence, and Expert Witnesses, The Center for American and International Law, May 2006, Plano, Texas

 

“Defending A Direct Death Penalty Case”, 2006 Federal Public Defender/Administrative Office of the Court Conference, Jan. 2006, Los Angeles, California

 

“Understanding and Evaluating Fingerprint Evidence”, Third National Seminar on Forensic Evidence and the Criminal Law, Jan. 2006, San Antonio, Texas

 

“Fingerprint Evidence”, 2006 Community Defender’s, Inc. of San Diego Seminar: Investigate Your Case: CSI for Lawyers, Jan. 2006, San Diego, California    

 

“ Getting the Funds You Need: Litigating Funding Issues in Light of Wiggins v. Smith”, 2005 Mexican Capital Legal Assistance Project Seminar, Nov. 2005, Santa Monica, California

 

“ Using Attorneys as Strickland Experts”, 2005 NAACP Legal Defense Fund Annual Capital Punishment Conference, July, 2005, Airlie, Virginia 

 

“How to Distinguish Pseudoscience from Real Science”, 2005 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2005, Monterey, California

 

“Challenging Fingerprint Evidence”, 2005 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2005, Monterey, California

 


“ Getting the Funds You Need: Litigating Funding Issues in Light of Wiggins v. Smith”, 2004 Mexican Capital Legal Assistance Project Seminar, Nov. 2004, San Francisco, California

 

“Getting The Most Out of Your Experts”, 2004 Oregon Criminal  Defense Lawyers Association Death Penalty Seminar, October 22, 2004, Warm Springs, Oregon

 

“How To Cross Examine The State’s Experts”, 2004 Oregon Criminal  Defense Lawyers Association Death Penalty Seminar, October 22, 2004, Warm Springs, Oregon

 

“Before You Call an Expert: The Art of Self Education”,  2004 NAACP Legal Defense Fund Annual Capital Punishment Conference, July, 2004, Airlie,Virginia

 

“Challenging and Presenting the Testimony of Forensic Experts”, 2004 Capital Trial Advocacy Program, Texas Criminal Defense Lawyers Project, April 2004, Plano, Texas

 

“Winning Issues From Recent Legal Developments”, 2004 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2004, Monterey, California

 

“Developments in Federal Death Penalty Litigation”, 2004 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2004, Monterey, California

 

“Challenging and Presenting the Testimony of Forensic Experts”, 2003 Capital Trial Advocacy Program, Texas Criminal  Defense Lawyers Project, July 2003, Plano, Texas 

 

“Everything You Need Is Already at Your Fingertips: Finding Witnesses, Jurors, and Everything Else on the WEB,  2003 NAACP Legal Defense Fund Annual Capital Punishment Conference, July, 2003, Airlie,Virginia

 

“Dealing with New Government Attacks: Daubert and Social Science” , 2002 NAACP Legal Defense Fund Annual Capital Punishment Conference, July, 2002, Airlie,Virginia 

 

“Winning Issues From Recent Legal Developments”, 2002 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2002, Monterey, California


“Addressing DNA That Implicates Your Client,” 2002 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2002, Monterey, California

 

“Challenging the Testimony of Forensic Experts”, 2002 Capital Trial Advocacy Program, Texas Criminal Defense Lawyers Project, January 2002, Austin, Texas

 

“Challenging the Testimony of Forensic Experts”,  2002 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2001, Monterey, California

 

“Dealing with Scientific Evidence in Guilt Phase Using Today’s Technology”, Los Angeles Public Defender Death Penalty Training Seminar, October 13, 2001", Los Angeles, California

 

“Preparing Defense Mental Health Experts to Withstand Prosecution Cross Examination”, Los Angeles Public Defender Death Penalty Training Seminar, October 13, 2001", Los Angeles, California

 

“Daubert  Hearings on Fingerprint Evidence: A New Model for Challenging Junk Science”, 2001 Kentucky Department of Public Advocacy Annual Seminar, June, 2001, Lexington, Kentucky

 

“Daubert  Hearings on Ballistics Evidence”, 2001 Kentucky Department of Public Advocacy Annual Seminar, June, 2001, Lexington, Kentucky

 

“Challenging DNA That Implicates Your Client, 2001 Kentucky Department of Public Advocacy Annual Seminar, June, 2001, Lexington, Kentucky

 

“Winning Issues From Recent Legal Developments”, 2001 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2001, Monterey, California

 

“Addressing DNA That Implicates Your Client,” 2001 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2001, Monterey, California

 

“Preparing Defense Mental Health Experts to Withstand Cross Examination” 2001 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2001, Monterey, California

 

 


“Challenging Fingerprint Identification Testimony under Daubert”, Indiana Public Defender Council Training Seminar, December 14, 2000, Indianapolis, Indiana

 

“Challenging Fingerprint Identification Testimony under Daubert”, Indiana Public Defender Council Training Seminar, December 14, 2000, Indianapolis, Indiana

 

“Legal Challenges to Expert Witnesses”, California Public Defender Association Training Seminar, October 7, 2000, Monterey, California

 

“Working With Defense Experts in a Death Penalty Case”, Los Angeles Public Defender Death Penalty Training Seminar, September 2000, Los Angeles, California

 

“Responding to a Prosecution Kelly-Frye Challenge”, Los Angeles Public Defender Death Penalty Training Seminar, June, 2000, Los Angeles, California

 

“Effectively Exposing Reasonable Doubt: Fingerprints As Junk Science” , 2000 NAACP Legal Defense Fund Annual Capital Punishment Conference, July, 2000, Airlie,Virginia

 

“Preparing And Litigating a Kelly-Frye Challenge to DNA Evidence”, Los Angeles Public Defender Training Seminar, June, 2000, Los Angeles, California

 

“Forensics as Mitigation,” 2000 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb. 2000, Monterey, California

 

“Deconstructing Antisocial Personality Disorder Diagnosis,” 2000 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb. 2000, Monterey, California

 

“Addressing DNA That Implicates Your Client,” 2000 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 2000, Monterey, California

 

“Investigating, Pleading, and Proving State Misconduct Claims,” The National Habeas Corpus Seminar, Federal Defender’s Training Group, Aug., 1999, Atlanta, Georgia.


“Attacking the Heart of the State’s Case: DNA,” The National Habeas Corpus Seminar, Federal Defender’s Training Group, Aug., 1999, Atlanta, Georgia.

 

“Deconstructing Antisocial Personality Disorder Diagnosis,” 1999 Death Penalty College, Santa Clara University School of Law, August, 1999, Santa Clara, California

 

“Theories for Life: Guilt and Penalty Phase,” 1999 New York Capital Defenders Office Training Seminar, May, 1999, White Plains, New York

 

“Penalty Phase Litigation,” 1999 New York Capital Defenders Office Training Seminar, May, 1999, White Plains, New York

 

“Winning Issues From Recent Developments,” 1999 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1999, Monterey, California

 

“Jury Instructions: The Cutting Edge,”1999 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1999, Monterey, California

 

“Deconstructing Antisocial Personality Disorder Diagnosis,” 1999 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1999, Monterey, California

 

“Assessment of Client Competence in a Capital Case,” 1998 American Academy of Psychiatry and Law Seminar, June, 1998, Long Beach, California

 

“Recent Legal Developments in Capital Cases,” 1998 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1998, Monterey, California

 

“Victim Impact Issues,” 1998 CACJ/CPDA Annual Death Penalty Defense Seminar, Monterey, Feb., 1998, California

 

“Why Americans Embrace the Death Penalty and What Makes Them Pause to Impose It,” 1997 NAACP Legal Defense Fund Annual Capital Punishment Conference, July, 1997, Airlie,Virginia

 

“The Hows and Whys of Motions in a Capital Case,” 1997 New York Capital Defenders Office Training Seminar, June, 1997, Rochester, New York

 


“Recent Legal Developments in Capital Cases,” 1997 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1997, Monterey, California

 

“Developing a Life History,” 1997 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1997, Monterey, California    

 

“Recent Legal Developments in Capital Cases,” 1996 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1996, Monterey, California

 

“Litigation of Aggravating Evidence in Capital Cases,” 1996 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1996, Monterey, California

 

“Simpson Fallout, Social Science and the Future,” 1995 NAACP Legal Defense Fund Annual Capital Punishment Conference, July, 1995, Airlie, Virginia

 

“Integrating Guilt and Penalty Phase Themes,” 1995 New York Capital Defenders Office Training Seminar, May, 1995, New York, New York

 

“Presenting the Case for Life, 1995 New York Capital Defenders Association, May, 1995, New York, New York

 

“Client Competence in a Criminal Case: Testing the Limits of Expertise- The Psychiatrist’s Opinion as Scientific, the Expert’s Foundation as Sufficient,” American College of Forensic Psychiatry, 13th Annual Symposium in Forensic Psychiatry, April 1995, San Francisco, California    

 

“Recent Legal Developments in Capital Cases,” 1995 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1995, Monterey, California

 

“Using a Psychologist in a Capital Case,” 1995 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb. 1995, Monterey, California

 

“Keynote Address:  Understanding the Backlash Against ‘Don’t Blame Me’ Defenses,” 1994 Indiana Public Defender Council Seminar, Sept. 1994, Indianapolis, Indiana

 

“Backlash Against the Consideration of Certain Mitigating Evidence and What To Do About It,” 1994 NAACP Legal Defense Fund Annual Capital Punishment Conference, July, 1994,  Airlie, Virginia       


“Recent Legal Developments in Capital Cases,” 1994 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1994, Monterey, California

 

“Recent Legal Developments in Capital Cases,” 1993 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1993, Monterey, California

 

“Taking Control o Your Case and Your Client,” American Bar Association, Criminal Justice Section, Indigent Defense lawyers Seminar, August, 1992, San Francisco, California

 

“The Client’s Life Story:  The Key to Life, NLADA/Tenn. Assn. Crim. Defense Lawyers, 1992 Defending Death Penalty Cases, Mar. 1992, Nashville, Tennessee

 

                              “Investigating and Litigating Institutional Adjustment Issues,”1992 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb. 1992, Monterey, California       

 

“Brain Dysfunction Evidence in Capital Cases,” 1991 Brain Dysfunction and the Law Seminar, March, 1991, Sacramento, California

 

“Handling Evidence Problems and Pretrial Motions,” 1990 California Public Defenders Association, An Advanced Felony Practice Seminar, March, 1990, San Francisco,  CA.

 

“Constructing a Penalty Phase Argument,” 1989 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb., 1989, Asilomar, California

 

“International Extradition and the Death Penalty,” 1988 National Association  of Criminal Defense Lawyers Annual Conference, August, 1988, Boston, Massachusetts

 

“The Use of Mental Health Experts Throughout a Death Penalty Case,”1988 Oregon Criminal Defense Lawyers Association Seminar, July, 1988 Portland, Oregon

 

“Penalty Phase Argument and Mitigation,” 1988 Oregon Criminal  Defense Lawyers Association Seminar, July, 1988, Portland, Oregon

 


“Discovery and Investigation of Aggravating Evidence,” 1987 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb. 1987, Asilomar, California

 

“Penalty Phase Instructions,” 1987 CACJ/CPDA Annual Death Penalty Defense Seminar, Feb. 1987, Asilomar, California

 

 

 

 

 

 

 

REFERENCES

 

Kevin M. McNally, Project Director

Federal Death Penalty Resource Counsel Project

Post Office Box 1243

Frankfort, Kentucky 40602

 (502) 227‑2142

 

 

Hon. Mark W. Bennett

District Court Judge

Federal District Court for the Northern District of Iowa

320 Sixth Street

Sioux City, Iowa 51101

712-233-3909

 

Stephen S. Bright

Southern Center for Human Rights

83 Poplar Street, NW

Atlanta, Georgia 30303-2122

404-688-1202

 

George Kendall

Squire, Sanders & Dempsey (US) LLP

30 Rockefeller Plaza, 23rd Floor

New York, New York 10112

212-872-9834

 


Ephraim Margolin

Law Offices of Ephraim Margolin

240 Stockton Street, 3rd floor

San Francisco, California 94108-5306

415-421-4347