Defending Drug Cases
Apr 14, 2017
from 08:30 AM to 05:00 PM
|Where||Tacoma - Rhodes Center, Orcas Room|
Attendance at WACDL seminars is limited to WACDL members and those eligible for WACDL membership. Lawyers, law students, and non-lawyers are eligible for WACDL membership if they are not now engaged full or part-time in the prosecution or law enforcement investigation of criminal cases, and if they are not engaged in a full-time judicial function.
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Speakers & Topics
|8:30 - 9:00
|9:00 - 9:45||Warrants, Wiretaps & GPS. Bryan Hershman|
|9:45 – 10:30
||Marijuana Criminal Cases. Douglas Hiatt|
|10:30 – 10:45||Break|
|10:45 - 11:30||Searching for Search Issues: Beyond the warrant and exceptions. Kent Underwood|
|11:30 - 12:00
||Drugs and Guns: Federal issues affecting state cases. Linda Sullivan
|12:00 - 1:15
||Lunch (on your own)|
|1:15 – 2:45
||Pharmacology Issues for Drug Defense Lawyers. Robert M. Julien M.D., Ph.D.|
|2:45 - 3:00||Break|
|3:00 - 4:00||Treatment Issues: DOSA & Therapeutic Courts. Lisa Sinnitt, Nicholas R. Andrews, Jacob Murphy & Philip Griffith|
|4:00 - 4:45||Cross of the Drug Tech. Nicole Dalton
Nicholas R. Andrews is an attorney with Pierce County Department of Assigned Counsel. Currently in the Felony Division, Mr. Andrews has been employed by Assigned Counsel for over 10 years. Mr. Andrews received a Juris Doctorate from Seattle University School of Law in 2008 and a Bachelor of Science in Public Affairs from Indiana University – Bloomington, IN, School of Public and Environmental Affairs in 2003. Since beginning as an intern between his first and second year of law school, Mr. Andrews has previously been assigned to the Misdemeanor Division, Felony Arraignments and Civil Contempt Unit. During his duration in the Felony Division Mr. Andrews has worked towards utilizing relevant and current information for facilitating treatment based resolutions. Additionally, development of methods and practices for analyzing potential cases for Therapeutic Court eligibility, regardless of failing to meet current criteria standards and prevailing on the non-agreed DOSA sentencing recommendation.
Bryan Hershman opened his law practice in 1985 and, toward the end of the 1980’s, began to focus on felony defense. Currently, 80-90% of his case load consists of defending people who are charged with serious felonies, up to and including death penalty litigation. The balance of my practice deals with personal injury litigation and criminal defense involving misdemeanors. One of his cases was featured on “48 Hours Mystery.” He is a graduate of the UPS Law School.
Philip Griffith has been a public defender with what is now Thurston County Public Defense since 2007. During that time he has represented clients on charges ranging from simple misdemeanors to Class A felonies. He has been the primary defense counsel for Thurston County Drug Court since 2013. He has regularly attended yearly training with the Washington State Association of Drug Court Professionals, and has also attended the National Drug Court Conference in Washington D.C. He graduated from the University of Washington in 2002 with a B.A. in History, and from California Western School of Law in 2005.
Douglas Hiatt began his career in public defense and worked for various offices including Skagit County and Northwest defenders, including the CJA federal panel, and has handled numerous types of criminal cases. While working as a PD, Hiatt began taking pro bono cases involving medical use of marijuana and worked with patients and doctors representing both in several cases both state and federal. Hiatt eventually began private practice and focused more tightly on medical marijuana issues and cases in Washington and California and eventually Oregon. Hiatt and Suzanne Elliott worked on the Kurtz case which reestablished the right of medical marijuana patients to use the necessity defense, overruling Butler. Hiatt has continued to develop an expertise in medical marijuana cases and has been litigating on the federal level as well as in various states. Last years seminal Mcintosh decision at the ninth circuit started as the Kynaston case in Spokane which was then consolidated with California cases, Hiatt and several lawyers advanced the theory that the "cromninbus" budget restrictions prohibited federal enforcement against medical patients in compliance with state law. Kynaston is now set for further briefing and trial later this year in Spokane. Hiatt and Dr. Greg Carter also worked on the Schwerber case with Zenia Gilg, which attempted to reschedule marijuana at the federal level, judicially. Hiatt continues to litigate and defend doctors and patients who use marijuana as medicine. Hiatt is also one of the attorneys representing Seattle Hempfest, pro bono, for many years dealing with first amendment issues. With the recent selection of Jeff Sessions as attorney general, we need to be ready to respond to possible changes and rollbacks on marijuana issues everywhere.
Robert M. Julien MD, PhD, received his M.S. and Ph.D. in pharmacology from the University of Washington and his medical degree from the University of California at Irvine. His many research articles focus on the psychopharmacology of sedative and antiepileptic drugs. Previously an Associate Professor of Pharmacology and Anesthesiology at the Oregon Health Sciences University, he is retired from the active practice of medical anesthesiology at Providence St. Vincent Hospital in Portland Oregon. The 13th edition of his psychopharmacology textbook Julien’s Primer of Drug Action (Worth Publishers, 2014) has recently been published. He lectures widely on psychopharmacology and has been court qualified on many occasions.
Jacob Murphy has represented clients on felonies from simple possession of narcotics or property offenses to sexual assault, third strike and murder charges. He has also been defense counsel for the Kitsap County Adult Drug Court four over a decade providing extensive experience with therapeutic courts. He is also a defense counsel for the recently established Veteran's Treatment Court where along with providing representation of clients he was part of the founding team that received funding to formulate the Court. He received his undergraduate degree in 1994 from Virginia Tech and his law degree from St. Mary's University School of Law in 1999.
Linda Sullivan joined the Tacoma office of the Federal Public Defender in 2002, after working as a public defender at the Pierce County Department of Assigned Counsel from 1986 - 2002, where she did primarily felony work. This included numerous homicides and a few death penalty cases, including State v. Guy Rasmussen. She was at the Whatcom County Public Defender from 1984 - 1986, and is a 1981 graduate of the University of Oregon Law School.
Lisa Sinnitt graduated from the University of Washington with a B.A. in Spanish and from the University of Puget Sound Law School. She was in private practice from 1988 to 1990, with emphasis on representing Spanish speaking clients. In 1990, she joined the Department of Assigned Counsel district court division. Ms. Sinnitt has been representing individuals in the Pierce County felony drug court for over 21 years. She is part of the team that developed the Veteran’s Treatment track and the gambling track of Pierce County Drug Court, and the Pierce County Felony Mental Health Court. She spoke at the National Conference on Problem Gambling in 2013 with Judge Mark Farrell and Judge Cheryl Moss and the Washington State Drug Court Professionals conference in October of 2016.
Kent Underwood graduated from California State University in Sacramento with a B.A in philosophy and Chinese studies in 1990, a M.A. in philosophy with an emphasis in epistemology and ethics from the University of Utah in 1994, and from Seattle University Law School in 1997. He has been practicing primarily criminal defense since 1999. He promoted passage of proposed CrR 4.11 (recording). He is co-chair of WACDL’s Court Rules Committee, which assisted in helping defeat proposed modifications to ER 803 and 902 that would have benefited large civil firms but at the cost of an accused’s constitutional confrontation rights. The committee is currently working on eyewitness identification reform in Washington. He was the first person in Washington to challenge law enforcements use of the Stingray (cell site simulators) in a criminal case. He has testified in Olympia on issues related to requiring a warrant for use of cell site simulators, medical cannabis, and the release of booking photos and the potential impact on eyewitness identification. He was counsel in State v. Mankin, and State v. D. Davis, who was acquitted of rendering criminal assistance to Maurice Clemmons. Throughout the early 2000’s his primary caseload consisted of representing people accused of manufacturing methamphetamine.