Criminal Law Symposium 2026 – Day Two – Webcast

Justice Kevin Dougherty

Prof. Marian G. Braccia, Esq.

Robert B. Dunham, Esq.

Ryan S. Meyers

Ben-Zion Datika, Esq.

Elizabeth A. DeLosa, Esq., Amelia Maxfield, Esq.

Prof. Daniel Silverman, Esq.

Jodi L. Lobel, Esq.

Lauren Gottesman, Esq., Nilam A. Sanghvi, Esq.

Elisa K. Downey-Zayas, Esq.

Troy H. Wilson, Esq.

Prof. Jonathan P. Vallano

Dr. Frank M. Dattilio, Ph.D., ABPP

Stay current on the latest developments in evidence law in this focused update for criminal practitioners. Professor Braccia will review recent case law, rule changes, and emerging trends affecting admissibility, expert testimony, hearsay, digital evidence, and constitutional considerations. The session will highlight practical implications for trial strategy, motion practice, and preserving issues for appeal, providing attendees with actionable insights to effectively navigate evidentiary challenges in today’s courtroom.

Robert Dunham provides a comprehensive overview of recent developments, trends, and case law in capital punishment. This CLE session addresses the seemingly contradictory developments in capital punishment nationwide, contrasting the historic decline in the nation's death row and record low public support for capital punishment in 2025 with the efforts of the new federal administration in 2026 to expand the use of the death penalty and facilitate executions. It will also discuss notable U.S. and Pennsylvania Supreme Court capital case decisions since the last Criminal Law Symposium, review the status of pending death penalty legislation in Pennsylvania, and look at new research on public safety and the death penalty. 

This session will provide early data analyses on 8th Edition related cases, takeaways from early implementation and county experiences with the new guidelines, a refresher on fundamental changes, and a review of recently enacted legislation and appellate opinions impacting sentencing and the guidelines. Topics: Data analyses, Refresher on changes associated with the new edition of guidelines, Takeaways from early implementation & county experiences, and Recently Enacted Legislation and Appellate Court decisions.

As advancements in artificial intelligence (AI) rapidly reshape industries worldwide, the legal profession is uniquely positioned at the threshold of transformation. This CLE presentation will provide in-depth insights into how AI is reshaping criminal defense practice, focusing on its intersection with constitutional law, trial advocacy, evidentiary challenges, and ethical considerations. The session is designed to equip attorneys with practical knowledge and tools to effectively integrate AI considerations into their advocacy, while addressing the legal and ethical implications specific to Pennsylvania’s legal landscape.

In 2025, the PA Supreme Court decided Commonwealth v. Hardy, 337 A.3d 385 (Pa. 2025), and for the first time comprehensively interpreted PA's post-conviction DNA testing statute (passed in 2002 and amended in 2018). In particular, the court updated its prior precedent regarding the timing for filing motions requesting testing and the burden of proof. This session will walk participants through the standards for litigation post-conviction DNA testing issues as set forth in Hardy. It will also provide an overview of the evolution of DNA technology and of cutting-edge techniques in testing that can help both pre-trial and post-conviction practitioners.

The May 2022 United States Supreme Court decision in Shinn v. Ramirez made it exceedingly for our clients to prevail in federal habeas proceedings on any claim, no matter how meritorious, that was not properly raised and fully litigated in state post-conviction proceedings. This session will cover the many steps a conscientious, zealous PCRA practitioner must take to maximize our clients’ chances of success in state court and thereby protect their legal interests in habeas proceedings.

This session examines the legal standards, scientific research, and practical challenges surrounding eyewitness identification in criminal cases. Faculty will explore factors affecting reliability, recent case law developments, and considerations related to suggestive identification procedures. The program will provide practical guidance for litigating identification issues, including pretrial motions, expert testimony, cross-examination strategies, and jury considerations, equipping practitioners with tools to effectively assess and address eyewitness evidence.

In this session, we will give an overview of interrogation techniques that lead to false and coerced confessions and provide tools and strategies for litigating these cases in all phases – from pre-trial to post-conviction proceedings. We will highlight emerging issues that attorneys should consider preserving for appeals and give updates on recent decisions in this area. Throughout, we will weave in a discussion of social science regarding the phenomenon of false confessions that can help to inform litigation strategy.

On June 11, 2024, Act 44 – the Probation Reform Bill – went into effect across the state. Two years into implementation, provisions of the law have been addressed by higher courts while others still remain unsettled. This CLE will provide an overview of the statute, discuss the way in which its various provisions are being implemented, and highlight several key cases that examine provisions of the Act. Practical approaches to understanding the bill’s provisions and real-life applications in court will be discussed to help attendees understand the provisions of the bill, handle resentencing hearings, and successfully advocate with judges and other court actors.

This course will provide a comprehensive 2024-2025 case law summary for drug/narcotic/search and seizure/confidential informant cases in Pennsylvania to keep the attorney up to date on all such relevant cases to their criminal practice. Additionally, this course is designed to provide different "real world" pre-trial, discovery related, trial tips and techniques for the criminal law practitioner which they can then utilize when trying a Pennsylvania Drug case. This integrative process is designed to assist the criminal attorney in remaining current on Pennsylvania case law and in sharpening their litigation skills based on both the current case law trends and my extensive experience in handling this area of practice.

Traditionally, eyewitnesses primarily identified believed-to-be perpetrators by viewing a police showup or lineup. Due to rapid technological advancement, possible perpetrators can now be initially identified in additional ways. For example, possible perpetrators may be identified via facial recognition programs that match CCTV crime images to potential suspects or by eyewitnesses who believe they have seen the perpetrator before and access social media to confirm their identity. This presentation will first review the science relating to traditional eyewitness identifications. This presentation will additionally review what is empirically and practically known about facial recognition programs that may be used within police investigations, along with familiar eyewitness identifications involving the use of social media.