Join us for our new Fall Webinar.
The webinar features sessions originally slated for the Annual Meeting, which were shifted to a later date due to COVID. With the CLE deadline now extended to the end of December, you still have time to get in those final few hours.
Agenda
Approved for 3.0 HRS CLE
9:00 – 9:30 Live Streaming Testimony
Randy Wimbish, Wimbish Gentile McCray & Roeber
Advances in technology have made it feasible for witnesses who are remote from the site of a trial to testify by audiovisual means. As jury trials resume throughout the Commonwealth, travel restrictions and health concerns associated with the COVID-19 pandemic will only increase the demand for such testimony. This presentation will review a recent amendment to the Rules of the Supreme Court of Virginia regarding remote audiovisual testimony and offer practical tips on how to effectively incorporate such testimony into trial presentation.
9:30 – 9:40 Break
9:40-10:25 Motions Craving Oyer
Nancy Reynolds, Woods Rogers
Motions craving oyer have a long and rich history in Virginia jurisprudence. Their use has been challenged and limited to prevent successful demurrers of frivolous lawsuits. This history and the recent Virginia Supreme Court opinion bolstering oyer motions will be explored in this program.
10:25 - 10:35 Break
10:35 –11:20 Subpoenaing Substance Abuse Treatment/Mental Health Records
Douglas Penner, Goodman Allen Donnelly
The subpoena duces tecum traditionally requires a witness to produce pertinent documents to a proceeding. This procedure is complicated when the pertinent documents contain confidential HEALTHCARE INFORMATION. This session will focus on the unique challenges of issuing subpoena duces tecum for mental health and substance abuse treatment records. Furthermore, this session will discuss the applicable legal standard under 42 C.F.R. Part 2 and the Health Insurance Portability and Accountability Act.
11:20 – 11:30 Break
11:30 – 12:30 Innocence of Earl Washington, 1.0 HR
Robert T. Hall, Hall & Sethi
Earl Washington, Jr. was a Virginia death-row inmate who was exonerated in 2000, in part due to Mr. Hall’s efforts. Mr. Hall will summarize the case from inception through its many appeals, discussing both criminal and appellate procedure. He will also discuss the use of DNA evidence, which was in its infancy during the Washington trial, both in the courtroom and during the appeals process, including but not limited to strategies for defending against the use of DNA evidence.
Registration
Registration is $100 and includes all written materials. The meeting will be entirely virtual using Zoom webinar and the joining instructions and written materials will be sent to registrants the day before the program.
Sponsors
To sponsor this event, contact Amy Gilbody at agilbody@vada.org
