NORTH CAROLINA DEFENDER TRIAL SCHOOL

Monday, July 8 through Friday, July 12, 2024

UNC School of Government, Chapel Hill, NC

Cosponsored by the UNC-Chapel Hill School of Government

& Office of Indigent Defense Services

Monday, July 8, 2024

8:00-8:45am Check-in

8:45-9:00am Welcome, Introduction, and Description of Program

Phil Dixon, Jr., Teaching Associate Professor,

UNC School of Government, Chapel Hill, NC

Bob Burke, Indigent Defense Consultant and Trainer, Erie, CO

9:00-10:00am FACTUAL BRAINSTORMING/FACTBUSTING (PLENARY)

Joseph Ross, Assistant Federal Defender, Raleigh, NC

At the conclusion of the plenary and workshop, participants will:

1. Know the elements of effective brainstorming/factbusting.

2. Understand the importance of effective factbusting to creation of a rich

pool of facts from which to develop a persuasive theory of the case and story.

3. Be able to effectively bust the facts of a case.

10:00-10:15am Break

10:15am-12:30pm BRAINSTORMING/FACTBUSTING (WORKSHOP)

12:30-1:30pm Lunch

1:30-2:30pm BRAINSTORMING/FACTBUSTING (WORKSHOP)

2:30-2:45pm Break

2:45-4:00pm DEVELOPING YOUR THEORY OF THE CASE AND THEMES

BY TELLING YOUR CLIENT’S STORY (PLENARY)

Ira Mickenberg, Attorney & Consultant, Saratoga Springs, NY

At the conclusion of the plenary, participants will:

1. Know and understand the definitions of, and differences between, a theory

of the case (or defense story summary) and a theme.

2. Know and understand the purposes of a theory of the case/story summary and

themes.

3. Know and understand methods for developing a theory of the case/story

summary and themes.

4. Know the elements of storytelling.

5. Understand how storytelling elements (such as sequence, imagery, scenes,

characters) and persuasive techniques (such as theory and themes, primacy and

recency, chapters, hooks) and how to effectively use them.

4:00-4:15pm Ethics in Criminal Defense: Trial Strategy

Ira Mickenberg, Attorney & Consultant, Saratoga Springs, NY

Discussion of ethical issues in client relations related to trial theories and

strategies.

4:15-4:30pm Break

4:30-5:15pm THEORY OF THE CASE/DEFENSE STORY (WORKSHOP)

After completion of these workshops, participants will have:

1. Developed a theory of the case/summary of defense story, and a full,

persuasive story for a trial case.

2. Put in writing a theory of the case/story summary for their case that is

consistent with the definition of a theory of the case.

3. Identified any supporting emotional theme or themes for their case.

4. Sketched out, in writing, a defense story for their case.

6:00pm Dinner @ Top of the Hill Restaurant & Brewery, Chapel Hill

(Individual Pay)

Tuesday, July 9, 2024

9:00-11:00am THEORY OF THE CASE/DEFENSE STORY (WORKSHOP)

11:00-11:15am Break

11:15-12:15pm THEORY OF THE CASE/DEFENSE STORY (WORKSHOP)

12:15-1:00pm Lunch

1:00:1:55pm JURY SELECTION: A JOURNEY OF DISCOVERY

(PLENARY)

Kevin Tully, Chief Public Defender,

Office of the Public Defender, Dist. 26 Charlotte, NC

After completion of this session and the workshops, participants will:

1. Know and understand the purposes of voir dire (develop rapport, inform,

educate, learn, introduce theory of case).

2. Know and understand questioning and conversational

techniques for accomplishing the purposes of voir dire, such as

open-ended, life experience questions, “get it and spread it,” and

other techniques.

3. Be able to effectively use jury selection techniques in their own case,

conducting a voir dire of real jurors, with an eye towards deciding whether those

jurors would be receptive to the theory of the case the participants will be

advocating in their cases.

2:00-2:45pm JURY SELECTION (DEMONSTRATION AND DISCUSSION)

30-minute demo and 15-minute debrief

2:45-3:00pm Ethics in Criminal Defense: Jury Selection

Kevin Tully, Chief Public Defender,

Office of the Public Defender, Dist. 26 Charlotte, NC

Discussion of a factual supplement to the plenary fact problem related to lawyer

and client decisions in jury selection.

3:00-3:15pm Break

3:15-4:30pm BRAINSTORM VOIR DIRE (WORKSHOP)

Wednesday, July 10, 2024

9:00-10:30am CONDUCT VOIR DIRE (WORKSHOP)

10:30-10:45am Break

10:45am-12:15pm CONDUCT VOIR DIRE (WORKSHOP)

12:15-12:30pm DEBRIEF JURY SELECTION

12:30-1:30pm Lunch

1:30-2:20pm OPENING STATEMENTS (PLENARY/DEMONSTRATION)

Rebecca Chappell, Assistant Public Defender,

Cleveland County Public Defender’s Office, Shelby, NC

At the conclusion of this session, participants will:

1. Know and understand that an opening statement must present a factual and

persuasive defense story that drives and supports the theory of the case and

emotional themes.

2. Know and understand basic techniques for doing an opening statement

that is factual, persuasive, and drives the theory of the case and themes

(Hook, headline, primacy and recency, context, storyline, creation of

inferences, use of “theory and theme language”).

2:20-2:30pm Break

2:30-3:00pm BRAINSTORM/PREPARE OPENING (WORKSHOP)

After this workshop, participants will:

1. Be able to articulate what they want to accomplish with their opening

statement, and how it advances their theory of the case and themes.

2. Be able to use basic techniques for the presentation of a factual and

persuasive defense story that advances the theory of the case and themes

(Hook, headline, primacy and recency, context, storyline, of inferences, use of

“theory and theme language”).

3:00-5:00pm CONDUCT OPENINGS (WORKSHOPS)

Thursday, July 11, 2024

9:00-9:55am CROSS-EXAMINATION (PLENARY/DEMONSTRATION)

Johnna Herron, Assistant Public Defender, Guilford County, NC

At the conclusion of this session, participants will:

1. Know and understand that the goals of cross-examination, as well

as the questions asked and language used, are determined by the

theory of the case and supporting themes.

2. Know and understand techniques for effective cross-examination

(chapters, transitions, use of “theory and theme language,”

sequence, and leading, one-fact questions).

3. Know and understand techniques for impeachment with prior inconsistent

statements and omissions.

9:55-10:10am Ethics in Criminal Defense: Cross-Examination

Johnna Herron, Assistant Public Defender, Guilford County, NC

Discussion of a factual supplement to the plenary fact problem related to lawyer

and client decisions on cross-examination.

10:10-10:25am Break

1o:25-10:55am BRAINSTORM/OUTLINE CROSS EXAMINATION

(WORKSHOP)

After this workshop, participants will:

1. Be able to articulate what they want to accomplish with their cross-

examination, and how it advances their theory of the case.

2. Be able to make use of techniques for the effective cross-examination

of a government witness that advances the theory of the case and

themes.

10:55am-12:45pm CONDUCT CROSS EXAMINATION (WORKSHOP)

12:45-1:30pm Lunch

1:30-2:20pm DIRECT EXAMINATION (PLENARY/DEMONSTRATION)

Timothy Heinle, Teaching Assistant Professor,

UNC School of Government, Chapel Hill, NC

At the conclusion of this session, the participants will:

1. Know and understand that all aspects of direct examination -- including the

decision to call a particular witness (why is it important and what is

important), the questions that should be asked, and the way those questions

should be asked -- must flow from the theory of defense and emotional themes.

2. Know and understand basic techniques for doing a direct examination

(preparation of witness, chapters, anchoring questions, transitional questions,

use of “theory of the case and themes language”, open-ended questions, practice,

use of visuals, demonstrations).

2:20-2:35pm Ethics in Criminal Defense: Direct Examination

Timothy Heinle, Teaching Assistant Professor,

UNC School of Government, Chapel Hill, NC

Discussion of a factual supplement to the plenary fact problem related to lawyer

and client decisions on Direct Examination.

2:35-2:45pm Break

2:45-3:15pm BRAINSTORM DIRECT EXAMINATION (WORKSHOP)

After this workshop, participants will:

1. Be able to articulate what they want to accomplish with their direct

examination, and how it advances their theory of the case.

2. Be able to effectively prepare a witness for direct and cross and effectively

use direct examination techniques to advance the theory of the case, defense

story, and supporting themes.

3:15-5:15pm CONDUCT DIRECT EXAMINATION (WORKSHOP)

Friday, July 12, 2024

9:00-10:00am CLOSING ARGUMENTS (PLENARY/DEMONSTRATION)

Sophorn Avitan, Assistant Public Defender,

Office of the Public Defender, Charlotte, NC

At the conclusion of this session, participants will:

1. Know and understand that closing argument must be factual and persuasive

and must flow from the theory of defense and emotional themes.

2. Know and understand basic persuasive techniques (use of “theory of the case

and themes language,” primacy and recency, repetition, chapters (clarity), hooks,

vivid language, pictures or images, trilogies) for closing argument.

10:00-10:15am Break

10:15-10:45am BRAINSTORM/PREPARE CLOSING ARGUMENT

(WORKSHOP)

After this workshop, participants will:

1. Be able to articulate what they want to accomplish with their closing

argument, and how it advances their theory of the case or defense story.

2. Be able to use basic persuasive techniques to effectively advance the theory of

the case, defense story, and supporting themes in closing argument.

10:45am-12:45pm CONDUCT CLOSING ARGUMENT (WORKSHOP)

12:50-1:00pm CONCLUSION

CLE$HOURS:$29.5!

includes)1.0)hour)of)ethics/professional)responsibility)

*pending)approval)by)the)NC)State)Bar*)

Small Group Facilitators

Sophorn Avitan, Assistant Public Defender, District Court DV Chief, Dist. 26, Charlotte,

Dawn Y. Baxton, Chief Public Defender, Dist. 14, Durham, NC

Jonathan Broun, Senior Staff Attorney, North Carolina Prisoner Legal Services, Inc.

Raleigh, NC

Derek Brown, Attorney, The Derek K. Brown Law Firm, PC, Greenville, NC

Bob Burke, Attorney and Criminal Defense Consultant, Erie, CO

Rebecca Chappell, Assistant Public Defender, Office of the Public Defender, Dist. 27B,

Shelby, NC

Phil Dixon, Teaching Assistant Professor, UNC-SOG, Chapel Hill, NC

Allison Garren, Assistant Public Defender, District 39, Shelby, NC

Laura Gibson, Chief Public Defender, Dist. 2, Washington, NC

Timothy Heinle, Teaching Assistant Professor, UNC-SOG, Chapel Hill, NC

Burcu Hensley, Assistant Juvenile Defender, NC Office of the Juvenile Defender,

Raleigh, NC

Johnna Herron, Assistant Public Defender, Dist. 18, Greensboro, NC

Alexander Loyal, Assistant Public Defender, Dist. 26, Charlotte, NC

Catherine McCormick, Assistant Public Defender, Dist. 26, Charlotte, NC

Ira Mickenberg, Attorney and Consultant, Saratoga Springs, NY

Jason St. Aubin, Senior Trial Attorney, Marcilliat & Mills, PLLC, Charlotte, NC

Matthew Schofield, Assistant Public Defender, Dist. 42, Brevard, NC

Daniel Spiegel, Assistant Professor of Criminal Law, Procedure and Evidence, UNC-

SOG, Chapel Hill, NC

Beth Hopkins Thomas, Exec. Dir., NC Prisoner Legal Services, Raleigh, NC

Eddie Thomas, Assistant Public Defender, Violent Crimes Unit, Dist. 26, Charlotte, NC

Kevin Tully, Chief Public Defender, Office of the Public Defender, Dist. 26 Charlotte, NC

Antoan Whidbee, Attorney, Smithfield, NC

Becky Whitaker, Defender Policy and Planning Attorney, NC Indigent Defense Services,

Durham, NC