NOTE: Course offerings change. Classes offered this semester may not be offered in future semesters.

232.6 sec. 1 - Criminal Pre-Trial Advocacy - Criminal Procedure Lab (Spring 2013)

Instructor: Ellen Leonida  (view instructor's teaching evaluations)
Instructor: Ned Smock  (view instructor's teaching evaluations)
Instructor: Charles D. Weisselberg  (view instructor's teaching evaluations | profile)
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Units: 2
Meeting Time: W 6:25-8:15PM
Meeting Location: 140

Course Start: January 09, 2013
Course Control Number (Non-1Ls): 49666

This is a class that is intended primarily as a skills lab for students concurrently enrolled in Criminal Procedure - Investigations. The course is most appropriate for students who are preparing for a litigation career, and who want a deeper exposure to criminal practice. Since it is being offered this semester for the first time, we are also opening enrollment to students who have previously completed Criminal Procedure - Investigations. The course will be co-taught by Ellen Leonida and Ned Smock (who are both assistant Federal Public Defenders) and Charles Weisselberg.

The class will give students hands-on experience in preparing and litigating pre-trial motions in criminal cases. We will begin with a case-planning exercise and a discovery motion. Students will then brief and argue two suppression motions, one based on a Fourth Amendment issue and the other involving a criminal defendant’s statement. At least one of the motion hearings will require students to examine a witness. Although the case-planning exercise and discovery motion will require students to learn new material, the law relevant to the suppression motions will primarily be covered in Criminal Procedure. Thus, most of the reading for the course will be the case files.

We have big ambitions for the course. We expect students to learn how to examine documents in a real case, and how to write, file and argue motions. In addition to skills training, the course should give the students a grounded, real-world understanding of the law they learn in Criminal Procedure. And we expect the students to experience and reflect upon the work of both prosecution and defense counsel. Each student will serve as a prosecuting attorney for one motion, and a defense lawyer for the other.

There will not be a final exam. Students will be graded on the basis of their written work, class participation, and performance on the advocacy exercises.

Criminal Procedure - Investigations is a co-requisite or pre-requisite.

This course satisfies the Skills Requirement.

Due to the structure of the course and the use of simulation exercises throughout the semester, students will not be permitted to drop the class after the first week of class.

Short bios of the instructors are below.

Ned Smock, an attorney in the Oakland office of the Northern District of California Federal Public Defender, has been a public defender since 2002. He is a 2001 graduate of Columbia Law School, after which he clerked for Northern District of California Judge Susan Illston. Ned next worked for three years at the Legal Aid Society Criminal Defense Division in Manhattan, representing defendants in misdemeanor and felony cases. He served as an Assistant Federal Public Defender in the Sacramento office of the Eastern District of California Federal Public Defender beginning in 2005. He joined the Northern District of California Federal Public
Defender Office in 2008. Ned graduated from Wesleyan University. Between college and law
school, he spent three years working as an investigator on capital appeals at the California
Appellate Project.

Ellen Leonida is an Assistant Federal Defender for the Northern District of California. She received her J.D. from the University of California at Berkeley in 1996 and her B.A. from the University of California at Santa Cruz in 1993. After law school, she worked as a public defender in Contra Costa County for ten years, representing clients in misdemeanor and felony criminal cases, as well as juvenile delinquency and dependency matters. She then spent several years in private practice, representing adults and juveniles in state and federal courts throughout California. She joined the Federal Defenders in 2010. Ellen has conducted more than 70 jury trials and has presented seminars on a variety of topics, including jury selection, cross-examination, scientific evidence, discovery litigation, and ethics.

Charles Weisselberg is at Berkeley Law full time. You can find stuff about him here:

Criminal Procedure—Investigations is a co-requisite or pre-requisite. Some space will be reserved for third-year students.

This course satisfies the Skills Requirement.

Exam Notes: T
Course Category: Criminal Law
This course is cross-listed in the following categories:
Advocacy Skills Courses
Litigation and Procedure

The following files are available for this course:

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Instructor has indicated that no books will be assigned.

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