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Overview
Bypassing the Fifth Amendment to Solve a Cold Case
Melinda Harmon's husband was brutally murdered with a crowbar, as she laid next to him in bed. She gave an odd account of how two people broke into the house to steal the bank keys and in the process, savagely beat her husband to death. But no one then broke into the bank. Once she lawyered up, the investigation turned cold. Twenty years passed. Melinda lived in a new town with a new family. Then one morning, two detectives showed up to her new house. It was time for her to answer some questions about that fateful night. This tale of a cold case turned red hot is a tale of how law enforcement, through the DA, persisted on a case, weaved through the right to counsel, and landed on not one, but two convictions for murder. This will case will test your resolve - how far would you be willing to bend the ethical rules to find justice? Register today!
This program is being designed in conjunction with attorney Joel Oster, Comedian of Law and True Crime Podcaster.
Abbreviated Agenda
- Murder by Crowbar
- Review of 5th Amendment and 6th Amendment Right to Counsel
- Targeting a Suspect Solely Because She is the Least Likely to Defend Herself by Seeking an Attorney
- Re-Opening a Cold Case
- Trial of Melinda Raisch
- Lawyer Roundtable on Whether Justice was Done
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
3 Total | 01-21-2027 |
| Alabama CLE |
|
3 Total | 12-31-2025 |
| Arkansas CLE |
|
3 Total | 06-30-2026 |
| Arizona CLE |
|
3 Total | 01-21-2027 |
| California CLE |
|
3 Total | 01-21-2027 |
| Colorado CLE |
|
4 Total | 12-31-2027 |
| Connecticut CLE |
|
3 Total | 01-21-2027 |
| Delaware CLE |
|
3 Total | 01-21-2027 |
| Florida CLE |
|
3.5 Total | 07-31-2026 |
| Georgia CLE |
|
3 Total | 12-31-2025 |
| Hawaii CLE |
|
3 Total | 01-21-2027 |
| Iowa CLE |
|
3 Total | 01-21-2026 |
| Idaho CLE |
|
3 Total | 01-21-2030 |
| Illinois CLE |
|
3 Total | 01-20-2027 |
| Indiana CLE |
|
3 Total | 01-21-2026 |
| Kansas CLE |
|
3.5 Total | 01-20-2026 |
| Louisiana CLE |
|
3 Total | 01-21-2026 |
| Maine CLE |
|
3 Total | 01-20-2027 |
| Minnesota CLE |
|
3 Total | 01-21-2027 |
| Missouri CLE |
|
3.6 Total | 01-21-2027 |
| Northern Mariana Islands CLE |
|
3 Total | 01-21-2027 |
| Montana CLE |
|
3 Total | 01-21-2028 |
| North Carolina CLE |
|
3 Total | 02-28-2026 |
| North Dakota CLE |
|
3 Total | 01-21-2028 |
| Nebraska CLE |
|
3 Total | 01-21-2027 |
| New Hampshire CLE |
|
3 Total | 01-21-2028 |
| New Jersey CLE |
|
3.6 Total | 11-12-2026 |
| New Mexico CLE |
|
3 Total | 01-21-2027 |
| Nevada CLE |
|
3 Total | 01-21-2028 |
| New York CLE |
|
3.5 Total | 01-21-2028 |
| Ohio CLE |
|
3 Total | 12-31-2025 |
| Oklahoma CLE |
|
3.5 Total | 01-21-2027 |
| Oregon CLE |
|
3 Total | 01-21-2028 |
| Pennsylvania CLE |
|
3 Total | 01-21-2027 |
| South Carolina CLE |
|
3 Total | 12-31-2025 |
| Tennessee CLE |
|
3 Total | 01-20-2027 |
| Texas CLE |
|
3 Total | 12-21-2025 |
| Utah CLE |
|
3 Total | 12-31-2026 |
| Virginia CLE |
|
3 Total | 10-31-2026 |
| Vermont CLE |
|
3 Total | 01-21-2027 |
| Washington CLE |
|
3 Total | 01-20-2030 |
| Wisconsin CLE |
|
3.5 Total | 12-31-2026 |
| West Virginia CLE |
|
3.6 Total | 01-21-2027 |
Select Jurisdiction
CLE
Agenda
-
Murder by Crowbar
- Who Were Melinda and David Harmon?
- Details of the Murder the Night of March 1, 1983
- The Police Investigation and Stone-Walling the Police
- An Overbearing Dad Gets Involved
- Waiving Your Right to Counsel, and then Reclaiming It
- Two Decades of Silence
-
Review of 5th Amendment and 6th Amendment Right to Counsel
- Can One Invoke the Right to Counsel via Actions/Conduct?
- Is There an Expiration on Invoking the Right to Counsel?
- 5th Amendment Implications to Psychological Threats to Waive Right to Silence
- Review of Supreme Court Cases on Invoking Right to Counsel
-
Targeting a Suspect Solely Because She is the Least Likely to Defend Herself by Seeking an Attorney
-
Re-Opening a Cold Case
- Strategies in Getting a Suspect to Talk Without an Attorney
- When is Lying to a Suspect Fair Game?
- When Should a Suspect's Interview be Recorded?
-
Trial of Melinda Raisch
- Trial Exhibits
- Trial Testimony
- Verdict
- Motion for New Trial/Set-Aside the Verdict
- The Plea
-
Lawyer Roundtable on Whether Justice was Done
- Implications of Bending Rules to Obtain a Right Result
- When Does Zealous Prosecution Cross the Line to Prosecutorial Overcharging
- When are Police Missteps Attributable to the Attorney?
Who Should Attend
This true-crime legal course is designed for attorneys. Paralegals and legal staff will also benefit.
Speakers
Speaker bio
Joel L. Oster
is a litigator, national speaker, podcaster and stand-up comic. He is in private practice specializing in constitutional law, appellate advocacy, and attorney ethics. Mr. Oster regularly litigates First Amendment issues and has been lead counsel on two cases that ended up in the U.S. Supreme Court. He has argued a case before the United States District Court for the Western District of New York and the Second Circuit and was part of a legal team that successfully defended a case in the U.S. Supreme Court. He's also prevailed as lead counsel in defending a case before the U.S. Court of Appeals for the Eighth Circuit. Mr. Oster has spoken to thousands of attorneys across the United States and brings their combined practical perspectives to his seminars. He has presented at numerous bench and bar conferences and co-hosts the podcast DeBriefing the Law with Chris Marohn. The podcast covers current legal news and true crimes using their brand of humor. From the Supreme Court to O.J. Simpson, no legal topic is off-limits. Most importantly he is also a stand-up comic. Even though he has argued before numerous appellate courts, including Judge Calabresi of the Second Circuit, he said nothing compares to the nerves of trying to make a room full of drunk college kids laugh. He headlined the comedy tour "Presumed Funny" which featured random musings about the legal profession. Mr. Oster earned his J.D. degree from the University of Kansas School of Law. He is admitted to the bar in Kansas, Missouri, Florida and numerous federal courts.
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