Trial Practice Track II
Sponsored by Cervantes & Associates
Thursday, September 24
Unraveling the Confrontation Clause, Good Faith Exceptions and Search and Seizure in Criminal Cases After Crawford, Herring and Gant
This session will look at three Supreme Court decisions — one from last year’s term and two from this year’s term — that are important for anyone whose practice includes criminal matters. Hear from all sides — prosecution, defense and judiciary — on these high court opinions and the implications the rulings in Crawford v. Washington, Herring v. United States and Arizona v. Gant could have on your practice and clients.
2:10 - 3:00 p.m.
1.0 MCLE Hour
Presenters:
Hon. Robert H. Dierker, Jr. – 22nd Judicial Circuit (St. Louis)
Jennifer M. Joyce – Circuit Attorney (St. Louis)
Susan W. McGraugh – Saint Louis University Law Clinic (St. Louis)
 Closing Arguments: Demonstrations and Jury Deliberations (Part I)
The first phase of this two-part program will begin with three of Missouri’s best litigators presenting the plaintiff and defendant closing arguments in a wrongful death case that was tried to a mock jury in Jackson County. Judge Brent Powell presided over the case. Gary Robb will present for the plaintiff on damages, Ed Hershewe on plaintiff liability, and John G. Schultz will present for the defendant.
3:10 - 4:00 p.m.
1.0 MCLE Hour
Presenters:
Ed Hershewe – The Hershewe Law Firm (Joplin)
Gary Robb – Robb & Robb (Kansas City)
John G. Schultz – Franke, Schultz & Mullen (Kansas City)
Hon. Brent Powell – 16th Judicial Circuit (Kansas City)
Closing Arguments: Demonstrations and Jury Deliberations (Part II)
Actual jury deliberations from the original mock trial were taped and the jury was debriefed by a national jury trial consultant, Phillip Miller, from Nashville, Tennessee. Those deliberations and that debriefing will be featured as the second phase in hour number two of this program, along with an opportunity to discuss skills and strategy with our presenters.
4:10 - 5:00 p.m.
1.0 MCLE Hour
Presenters:
Ed Hershewe – The Hershewe Law Firm (Joplin)
Gary Robb – Robb & Robb (Kansas City)
John G. Schultz – Franke, Schultz & Mullen (Kansas City)
Hon. Brent Powell – 16th Judicial Circuit (Kansas City)
Friday, September 25
Masters Program: Split Decisions – Admissibility of Medical Bill Evidence in Missouri
What is the value of medical bills in civil cases in Missouri, the amount of money a doctor, hospital or other health care provider accepts as final payment or the total amount originally billed for the services rendered? That question became more interesting, and more complicated, when changes to Mo. Rev. Stat 490.715 included a rebuttable presumption pertaining to the value of the medical treatment, and circuit courts have subsequently interpreted this provision differently. Absent an appellate decision, lawyers must argue their side on a case by case basis. At this session, our plaintiff and defense lawyers will offer up arguments on each side to three circuit judges who hold differing interpretations of the statute. And you can count on a lively, informative discussion that you won’t want to miss.
8:30 - 9:20 a.m.
1.0 MCLE Hour
Moderator: Theresa A. Appelbaum – Hullverson Law Firm (St. Louis)
Presenters:
Hon. Lisa S. Van Amburg – 22nd Judicial Circuit (St. Louis)
Hon. Marco Roldan – 16th Judicial Circuit (Independence)
Hon. Dan Dildine – 45th Judicial Circuit (Troy)
Amy Collignon Gunn – The Simon Law Firm, P.C. (St. Louis)
Russell F. Watters – Brown & James, P.C. (St. Louis)
Objection Sustained – Recognizing and Defending Against Abusive and Unethical Trial Tactics
You can spot them (abusive and unethical trial tactics) when you see them . . . or can you? This session will put you to the test and help you distinguish between the trial tactics that do, don’t, or perhaps could cross that sometimes blurry line separating zealous trial advocacy from unethical or abusive courtroom actions. Attendees will be involved from the beginning as our skilled plaintiff and defense attorneys make fictional closing arguments filled with statements that illustrate trial advocacy gone astray. And you’ll also get a viewpoint from the bench at this session. Every lawyer will find this session valuable, and it will be especially helpful for younger lawyers or attorneys who haven’t had the chance to try many cases.
9:30 - 10:20 a.m.
1.0 Ethics Hour
Moderator: Kenneth K. Vuylsteke – Fox & Vuylsteke, L.L.P. (St. Louis)
Presenters:
Hon. Michael P. David – 22nd Judicial Circuit (St. Louis)
Genevieve Nichols – Coffey & Nichols (St. Louis)
John A. Michener – Evans & Dixon, L.L.C. (St. Louis)
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