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How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.abovethelaw.com
Rank this Week: 43

SCOTUSblog

SCOTUSblog

Covers the Supreme Court of the United States. By Bloomberg Law.

http://www.scotusblog.com/
  • May 29

    Friday round-up

    Friday round-up
    At The Wall Street Journal’s Law Blog, Jess Bravin reports that “Hawaii may figure prominently” in the Court’s decision in Evenwel v. Abbott, the Texas “one person, one vote” case, “because for nearly…
  • May 28

    Petitions of the day

    Petitions of the day
    The petitions of the day are:
  • May 28

    Petitions to watch | Conference of May 28

    Petitions to watch | Conference of May 28
    At its Conference on May 28, 2015, the Court will consider petitions seeking review of issues such as qualified immunity as applied to private entities, the admissibility of autopsy reports under the Confrontation Clause, and the…
Rank this Week: 10

Pennsylvania Legal Blog

Pennsylvania Legal Blog

Commentary and news about the Pennsylvania Legal community. By the Law Offices of Daniel J. Siegel, LLC.

http://www.palegalblog.com
Rank this Week: 3092

At the Lectern: Practicing Before…

At the Lectern: Practicing Before the California Supreme Court

Features news and commentary on the practice of law before the California Supreme Court. By Horvitz & Levy LLP.

http://www.atthelectern.com/
  • May 28

    Three unanimous opinions, including Justice Cuéllar’s first, and a death penalty reversal

    Three unanimous opinions, including Justice Cuéllar’s first, and a death penalty reversal
    The Supreme Court filed three unanimous opinions today, including one reversing a death penalty and another by Justice Mariano-Florentino Cuéllar, the first written by either of the court’s two newest justices. The death penalty…
  • May 27

    No conference held the week of May 25, 2015

    No conference held the week of May 25, 2015
    The Court is holding no conference this week because it is hearing oral argument in San Francisco. Accordingly, this week no action will be taken on petitions for review and no opinions will be ordered published or depublished.
  • May 27

    Last “transition” rehearing petition denied with no votes from the new justices [UPDATED]

    Last “transition” rehearing petition denied with no votes from the new justices [UPDATED]
    The Supreme Court this afternoon denied rehearing in Berkeley Hillside Preservation v. City of Berkeley.  The denial of a rehearing petition is usually the most mundane of events; the outcome of such a petition is traditionally as…
Rank this Week: 1936

California Appellate Report

California Appellate Report

Thoughts on recent Ninth Circuit and California appellate cases, by University of San Diego School of Law Professor Shaun Martin.

http://calapp.blogspot.com/
  • May 28

    People v. Trujeque (Cal. Supreme Ct. - May 28, 2015)

    People v. Trujeque (Cal. Supreme Ct. - May 28, 2015)
    It's not every day that you read a California Supreme Court decision that unanimously reverses a death sentence.  But today's such a day.It's an unusual result, but it's also an unusual case.  For example, it's incredibly rare…
  • May 27

    Doe v. Ayers (9th Cir. - May 27, 2015)

    Doe v. Ayers (9th Cir. - May 27, 2015)
    Back in March, the Ninth Circuit unanimously granted habeas relief in a California death penalty case.  This was itself unusual.  (Though less unusual given the composition of the panel -- Judges Pregerson, Reinhardt, and Wardlaw.)…
  • May 26

    In Re Quantification Settlement Agreement Cases (Cal. Ct. App. - May 26, 2015)

    In Re Quantification Settlement Agreement Cases (Cal. Ct. App. - May 26, 2015)
    Justice Robie publishes an opinion to say:  "We love that the parties have finally settled this long-running dispute, which has seen no less than eight different proceedings in the Court of Appeal over the past dozen years.  Thanks…
Rank this Week: 396

Southern California Appellate News

Southern California Appellate News

Features news and resources for the Southern California appellate lawyer. By Nate Scott.

http://socal-appellate.blogspot.com/
  • May 28

    DJ profiles Judge Owen

    DJ profiles Judge Owen
    Today's DJ profiles John Owens "a longtime prosecutor" "known for his politeness and intelligence." The article begins with a story of girl scout cookies involving his former boss Justice Ginsburg and Judge McKeown. Also find out why he's…
  • May 27

    How long should SCOTUS Justices serve?

    How long should SCOTUS Justices serve?
    Legal Times has this article on a move to have future nominees pledge to limit their tenure to 18 years: Initiative Urges Voluntary Term Limits for Future Justices.“We can and must expect better from the Supreme Court,” said…
  • May 26

    Diverse Trio to 2d DCA

    Diverse Trio to 2d DCA
    Today's DJ has a number of appellate-related articles.Governor Chooses Diverse Trio to 2nd District Court of Appeal: Governor Brown's appellate selections would come to bench from diverse political stripes. The article calls Elwood Lui,…
Rank this Week: 551

Canadian Appeals Monitor

Canadian Appeals Monitor

Covers upcoming and decided appeals of interest to Canadian businesses and professions. By McCarthy Tétrault LLP

http://www.canadianappeals.com
  • May 27

    What Lies Beneath: The Unexpected Reach of Litigation Privilege

    What Lies Beneath: The Unexpected Reach of Litigation Privilege
    By Kate Findlay In an interesting decision clarifying the reach of litigation privilege, the British Columbia Court of Appeal in No Limits Sportswear Inc. v. 0912139 B.C. Ltd., 2015 BCCA 193, has recently held that litigation privilege…
  • May 26

    The “Bright Line” Rule is dimmed by the Alberta Court of Appeal in Statesman

    The “Bright Line” Rule is dimmed by the Alberta Court of Appeal in Statesman
    By Ryan MacIsaac Joint retainers are common in modern legal practice. But what happens when a dispute is brewing between two parties represented by the same law firm? How is a lawyer to know when the “bright line” of conflict of…
  • May 26

    The SCC Monitor (25/05/2015)

    The SCC Monitor (25/05/2015)
    By Byron Shaw On Thursday, May 28, 2015, the Supreme Court of Canada will release judgment on several leave applications currently before the Court, including the following. Mangal v. William Osler Health Centre (36174) Mangal is a medical…
Rank this Week: 1389

The California Blog of Appeal

The California Blog of Appeal

Features an appellate practitioner's take on practice and legal developments in the California Courts of Appeal, the California Supreme Court and the Ninth Circuit Court of Appeals. By Greg May.

http://www.calblogofappeal.com
  • May 26

    Does classroom laptop use inhibit law school learning?

    Does classroom laptop use inhibit law school learning?
    A few weeks ago, I wrote about whether it was a good idea for judges to read appellate briefs on iPads or other screens, pointing out studies regarding decreased comprehension and retention reading from a screen compared to reading from…
  • May 13

    DigitalDemocracy.org: an experiment in legislative transparency

    DigitalDemocracy.org: an experiment in legislative transparency
    Imagine if you could go to a website, type in a term, and find every mention of that term in hearings in the California legislature . . . and not only that, but have the site take you directly to video of the hearing with a rolling transcript…
  • May 7

    Maybe “iPad Judges” aren’t such a good idea?

    Maybe “iPad Judges” aren’t such a good idea?
    I’m no Luddite. I own a PC, a Macbook, an iPad, an iPhone, and a Kindle. (I’m not in the market for an Apple Watch, though.) Yet, I’m not thrilled that more and more judges (supposedly) are reading briefs and reviewing…
Rank this Week: 788

Legally Speaking Ohio

Legally Speaking Ohio

Provides commentary and analysis on cases going in front of the Supreme Court of Ohio. By Marianna Bettman.

http://www.legallyspeakingohio.com
Rank this Week: 2372

The Appellate Strategist

The Appellate Strategist

Covers appellate issues, trial consultations and evaluating appeals. By Sedgwick LLP.

http://www.appellatestrategist.com
Rank this Week: 3559

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
Rank this Week: 4923

Record on Appeal

Record on Appeal

Focuses on case law analysis, appellate events, and other topics in the area of appellate law. By Rebecca A. Copeland.

http://www.recordonappeal.com/
  • May 18

    Ethical Practice and the Appellate Lawyer

    Ethical Practice and the Appellate Lawyer
    On May 12, 2015, the HSBA Appellate Section welcomed former HAWSCT Chief Staff Attorney Jim Branham who presented on the topic “Everyone Knows the Trouble We’ll See: Ethics Complaints and the Appellate Lawyer.” Jim provided informative…
  • May 12

    Writ to Watch: Mount v. Apao

    Writ to Watch: Mount v. Apao
    On April 23, 2015, the HAWSCT accepted certiorari in case Mount v. Apao, SCWC-13-0002610, an ejectment proceeding arising from a non-judicial foreclosure. The ICA affirmed the summary judgment against Apao, holding that the foreclosure did…
  • May 7

    Criminal activity must pose actual, not hypothetical, threat to warrant eviction from public housing

    Criminal activity must pose actual, not hypothetical, threat to warrant eviction from public housing
    On May 6, 2015, the HAWSCT issued an opinion in Fetu Kolio v. Hawaii Public Housing Authority, SCWC-13-0000785, holding that the Hawaii Public Housing Authority failed to show that it had the right to evict a tenant from Mayor Wright housing,…
Rank this Week: 703

Texas Causes of Action Blawg

Texas Causes of Action Blawg

Features caselaw updates and cites on causes of actions and affirmative defenses culled from Texas appeals court opinions. By Wolfgang Demino.

http://causeofactionelements.blogspot.com/
Rank this Week: 520

The Appellate Gourmet (c)

The Appellate Gourmet (c)

Covers the many flavors of appellate issues and law. By Dorothy Easley.

http://appellategourmetappealsinflorida.blogspot.com/
Rank this Week: 855

Appellate Advocacy Blog

Appellate Advocacy Blog

Edited by David R. Cleveland, Kendall D. Isaac, Tonya Kowalski, Elizabeth Berenguer Megale and Randall L. Hodgkinson.

http://lawprofessors.typepad.com/appellate_advocacy/
  • May 7

    Bits and Pieces on Writing

    Bits and Pieces on Writing
    Of interest on the topic of writing... First, Bryan Garner has a column on the ABA Online, "First impressions endure, even in brief writing." In it, Garner makes use of social science research and the work of Nobel laureate…
  • Apr 14

    Proposed Maryland Rule Heads Wrong Way on Unpublished Opinion

    Proposed Maryland Rule Heads Wrong Way on Unpublished Opinion
    As Michael Wein of the Maryland Appellate Blog reports in some detail, the Maryland Rules Committee has responded to increased media publication of its "unreported decisions" by proposing to: 1) have the court publish the opinions…
  • Apr 2

    CA3blog on the Third Circuit's Low Published Opinion Rate

    CA3blog on the Third Circuit's Low Published Opinion Rate
    Matthew Stiegler's CA3blog dug into the new AO Court Statistics and found that when it comes to issuing published opinions, the Third Circuit doesn't publish very many of them. It publishes the fewest published opinions of any circuit, and…
Rank this Week: 2475

Georgia Appeals Blog

Georgia Appeals Blog

Comments on new cases and appellate procedure in Georgia and the Eleventh Circuit. By Andy Clark.

http://andyclarklaw.com/blog/
  • May 2

    “The General Grounds” for a New Trial in Georgia

    “The General Grounds” for a New Trial in Georgia
    Under Georgia law, a trial judge may grant a new trial when the verdict is “contrary to evidence and the principles of justice and equity,” OCGA § 5-5-20, or “decidedly and strongly against the weight of the…
  • Mar 1

    Georgia General Assembly Considering New Rules for Judicial Expressions of Opinion

    Georgia General Assembly Considering New Rules for Judicial Expressions of Opinion
    Back in December I wrote about possible changes to Georgia’s “super-plain error” rule, OCGA § 17-8-57. Bills to amend OCGA § 17-8-57 have now been introduced in the House (HB 196) and the Senate (SB 99).…
  • Jan 31

    Braves Stadium Bond Challenge to be Heard in Georgia Supreme Court

    Braves Stadium Bond Challenge to be Heard in Georgia Supreme Court
    On Tuesday, February 3, the Georgia Supreme Court will hear oral arguments in three cases challenging the financing of the new Atlanta Braves stadium in Cobb County. Since the cases combine my interest in baseball with my interest in…
Rank this Week: 3019

Appealing Decisions

Appealing Decisions

Covers appellate opinions and practice in Florida and elsewhere. By Jennifer R. Dixon.

http://www.flaappellatecounsel.com/
  • May 1

    SCOTUS Affirms Sanction of Florida Judicial Candidate

    SCOTUS Affirms Sanction of Florida Judicial Candidate
    On April 29, 2015, the Supreme Court of the United States affirmed a Florida Supreme Court decision upholding disciplinary sanctions against Lanell Williams-Yulee, a candidate for County Court Judge in Hillsborough County.  See…
  • Apr 27

    New Rules Bring New Requirements in the Fifth DCA

    New Rules Bring New Requirements in the Fifth DCA
    If you are a registered filer with e-DCA, you may have received this notice from the Fifth DCA last week.  Because of changes to the Florida Rules of Appellate Procedure, attorneys are now required to notify the appellate court when…
  • Jan 30

    LYNX Surveillance Footage Exempt from Public Inspection

    LYNX Surveillance Footage Exempt from Public Inspection
    In a surprising opinion issued on January 30, 2015, which promises to have a wide-reaching effect, the Fifth District Court of Appeal overturned a declaratory judgment entered in favor of WKMG-TV Local 6, and determined that surveillance…
Rank this Week: 2485

The Federal Criminal Appeals Blog

The Federal Criminal Appeals Blog

Covers federal appellate opinions from criminal cases where the defense won. By Kaiser, LeGrand & Dillon PLLC.

http://www.federalcriminalappealsblog.com/
  • Apr 29

    Short Wins - the Barry Bonds Opinion Edition

    Short Wins - the Barry Bonds Opinion Edition
    The big news in this batch of opinions is not the conspiracy to import lobsters case, but, rather the Barry Bonds appeal. Mr. Bonds was prosecuted for evading a prosecutor's questions while testifying in a grand jury. And, now, thanks to an…
  • Apr 24

    Short Wins - the More on Restitution Edition

    Short Wins - the More on Restitution Edition
    It's a catch-up blast of short wins today following my Spring Break. My favorite of the bunch, continuing on our recent restitution cases, is United States v. Foley. There, the district court ordered restitution that was outside the offense…
  • Mar 25

    Maybe Not the Best Defense, or, Why a Gratuity is Not a Bribe, or Honest Services Fraud

    Maybe Not the Best Defense, or, Why a Gratuity is Not a Bribe, or Honest Services Fraud
    The Seventh Circuit's opinion in United States v. Hawkins - written by Easterbrook - presents a fascinating legal defense. When is getting money from someone for side benefits from the government bribery and when is it fraud? Mr. Hawkins and…
Rank this Week: 4176

New York Appellate Law Blog

New York Appellate Law Blog

Covers significant tort and insurance coverage decisions in New York's Appellate Courts, cases which have been granted leave to appeal to the New York Court of Appeals, and other practice tips or information regarding appeals to New York's Appellate Courts. By Mauro Lilling Naparty LLP.

http://mlnappeals.blogspot.com/
Rank this Week: 922

Arkansas Appeal

Arkansas Appeal

Covers significant developments in appellate practice in Arkansas and decisions from Arkansas’s Appellate Courts. By Tasha C. Taylor.

http://arkansasappeals.com/
Rank this Week: 3506

Illinois Appellate Lawyer Blog

Illinois Appellate Lawyer Blog

Covers the appellate record, constitutional analysis, jurisdiction, mootness, rehearings and the standard of review. By Steven R. Merican.

http://www.illinoisappellatelawyerblog.com/
  • Apr 11

    Final divorce order supersedes and moots appeal from visitation order

    Final divorce order supersedes and moots appeal from visitation order
    The Eckersalls’ divorce included a fight over custody of their children. The couple agreed on a visitation schedule, but not on the terms and conditions of visitation. So the trial court entered a standard “Custody/Visitation…
  • Dec 22

    Illinois Discovery Order A Judgment, Triggering 30-Day Appeal Deadline

    Illinois Discovery Order A Judgment, Triggering 30-Day Appeal Deadline
    Daewoo International paid American Metals Trading $14.5 million for pig iron. But American Metals didn’t deliver, so Daewoo started an arbitration proceeding. In support of the arbitration, Daewoo got an order of attachment against…
  • Dec 10

    Statutory Deadline For Notice Of Appeal Trumps Supreme Court Rule

    Statutory Deadline For Notice Of Appeal Trumps Supreme Court Rule
    Which deadline for filing a Notice of Appeal applies when the supreme court rules differ from the General Assembly’s statute? And what happens to the appeal when the Notice of Appeal meets the General Assembly’s deadline but not…
Rank this Week: 1805

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Apr 6

    Impairment of Contracts, Hospital Districts, and the Foundations They Create

    Impairment of Contracts, Hospital Districts, and the Foundations They Create
    Regina Keenan | On November 13, 2014, the Florida Supreme Court issued an opinion in Citrus County Hospital Board v. Citrus Memorial Health Foundation, Inc. (SC13-411) affirming Citrus Memorial Health Foundation, Inc. v. Citrus County…
  • Apr 6

    Court Revisits Life Sentences for Juvenile Offenders, Part 2

    Court Revisits Life Sentences for Juvenile Offenders, Part 2
    Regina Keenan | On March 19, 2005, the Florida Supreme Court issued opinions in Falcon v. State, (SC13-865) and Horsley v. State, (SC13-1938) combined with State v. Horsley, (SC-13-2000). In Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012), the
  • Mar 21

    Court Revisits Life Sentences for Juvenile Offender

    Court Revisits Life Sentences for Juvenile Offender
    Kristen Larson | In Graham v. Florida, 560 U.S. 48 (2010), the Supreme Court of the United States held that a Florida law which allowed juveniles to be sentenced to life without parole for nonhomicide crimes was unconstitutional. The Court
Rank this Week: 2914

Texas Appellate Law Blog

Texas Appellate Law Blog

Features civil appellate practice tips, resources, and news. By D. Todd Smith.

http://www.texasappellatelawblog.com/
  • Apr 6

    Appellate Practice and Procedure Lesson 8: Tips and Strategies for Marketing an Appellate Practice

    Appellate Practice and Procedure Lesson 8: Tips and Strategies for Marketing an Appellate Practice
    This post features the video and slides for the eighth and final lecture in my Appellate Practice and Procedure course. The presentation appears after the jump. Appellate law can be a very difficult practice area to break into. Because legal…
  • Apr 1

    Short-Citing to the Record in the Fifth Circuit

    Short-Citing to the Record in the Fifth Circuit
    I received a copy of this letter in one of my cases: What’s wrong with using the short citation form “id.” when citing the record? As I wrote about here, the Fifth Circuit recently standardized the format for citing…
  • Mar 30

    Appellate Practice and Procedure Lesson 7: Rehearing and Higher Court Review

    Appellate Practice and Procedure Lesson 7: Rehearing and Higher Court Review
    This post features the video and slides for the seventh lecture in my Appellate Practice and Procedure course, which I introduced here. The presentation appears after the jump. How do you convince an appellate court to change its mind when…
Rank this Week: 2783

South Carolina Appeals - Tips and…

South Carolina Appeals - Tips and News

Covers South Carolina state appellate practice and noteworthy SC decisions. By the Law Offices of Robert Hill.

http://www.attorneyroberthill-blog.com/
  • Mar 30

    Get Ground for Appeal in the Record

    Get Ground for Appeal in the Record
    The South Carolina Court of Appeals recently agreed with me that a record on appeal was insufficient for the Court to tell whether an issue argued on appeal was preserved. The case is 21st Mortgage Corp. v. Youmans, Op. No. 2015-UP-112…
  • Mar 23

    SC Risperdal Case is a Trove of Unperserved Appellate Issue

    SC Risperdal Case is a Trove of Unperserved Appellate Issue
    Parties in South Carolina often raise appellate issues that they failed to preserve in the trial court. Until last month, four error-preservation violations were the most I had seen discussed in a single case. Then came State…
  • Jan 2

    SC Supreme Court – Streaming Oral Argument

    SC Supreme Court – Streaming Oral Argument
    The South Carolina Supreme Court is now streaming its oral arguments. The Court’s upcoming roster is available here. You may view the oral arguments live or watch past arguments. Links to oral arguments in other state…
Rank this Week: 1255

Florida Appellate Review

Florida Appellate Review

Features news and analysis of Florida Supreme Court, 11th Circuit Court of Appeals, and U.S. Supreme Court decisions and developments. By Dan Bushell.

http://www.floridaappellatereview.com/
  • Mar 26

    FL Appeals Court Tells Dwayne Wade and Ex-Wife to Get a Parenting Coordinator and Stop Appealing

    FL Appeals Court Tells Dwayne Wade and Ex-Wife to Get a Parenting Coordinator and Stop Appealing
    Three times was too many for Miami Heat star Dwayne Wade's ex-wife. Four years ago, an Illinois court entered a 102-page (!) judgment after a 38-day (!) trial, detailing D-Wade and his ex-wife's custody and timesharing arrangements. D-Wade…
  • Feb 25

    Florida Appeals Court Forfeiture Decision A Reflection of Changing Attitudes About Cannabis?

    Florida Appeals Court Forfeiture Decision A Reflection of Changing Attitudes About Cannabis?
    There's no denying that public opinion on the dangerousness of cannabis has changed dramatically in recent years. Florida has not taken the steps that some states have taken to legalize cannabis for medical purposes, let alone for general…
  • Feb 23

    Challenge to Blind Trusts Premature, Florida's 1st DCA Rule

    Challenge to Blind Trusts Premature, Florida's 1st DCA Rule
    There's been considerable teeth gnashing about a 2013 Florida law allowing politicians to hold their assets in blind trusts, and withhold from public disclosure specification of the assets held in those trusts. But the debate is only…
Rank this Week: 4088

TCB's Legal Blog

TCB's Legal Blog

Criminal defense news. By Thomas C. Brandstrader.

http://chicagofelony.com/legal-posts/
  • Mar 24

    In a followup, I guess we should not be surprised by…

    In a followup, I guess we should not be surprised by…
    http://www.bizjournals.com/chicago/news/2015/03/23/activists-question-chicago-police-use-of-cell.html
  • Mar 18

    We would like to but we can’t tell you….

    We would like to but we can’t tell you….
    According to a recent report, Law Enforcement across the country are seeking funds for a super-secret device created by the Harris Corporation that can track cell phones, emails, and other data by acting like a cell phone tower and is small…
  • Jul 16

    Crisis on the Border…

    Crisis on the Border…
    Of all of the problems and travails our society faces today, the gathering of refugee children on the Texas border seems the most depressing and frustrating to this writer. I speak not to the reasons these young children risk life ……
Rank this Week: 2639

California Appellate Law Blog

California Appellate Law Blog

News and insight about appellate law. By Archer Norris, a professional law corporation.

http://www.caappellatelaw.com/
  • Mar 18

    Calculating Prejudgment Interest in Personal Injury Action

    Calculating Prejudgment Interest in Personal Injury Action
    Civil Code section 3291 provides that if the plaintiff in a personal injury action makes a Code of Civil Procedure section 998 offer to compromise which the defendant does not accept, and the plaintiff obtains a more favorable judgment,…
  • Feb 11

    Evidence of Immigration Status: Rarely Relevant, Almost Always Prejudicial

    Evidence of Immigration Status: Rarely Relevant, Almost Always Prejudicial
    Now, more than ever, terms like “illegal alien,” “illegal immigrant,” and “undocumented worker” generate fear and controversy in our society.  And in the courtroom setting, the passionate responses…
  • Jan 7

    Legal Writing: Speak Freely (But Plainly, Please!)

    Legal Writing: Speak Freely (But Plainly, Please!)
    “This petition . . . ask[s] this Court to unmistakably clarify, to the whole patent community, that its Mayo/Biosig/Alice decisions (“3 decisions”) ended the claim construction anomaly hampering especially ET…
Rank this Week: 1534

Michigan Appeals

Michigan Appeals

Explores and discusses issues affecting appellate practice, including recent cases, primarily from the Michigan Supreme Court, Michigan Court of Appeals, and the Sixth Circuit Court of Appeals. By the Speaker Law Firm.

http://www.michiganappeals.blogspot.com/
  • Feb 18

    The Michigan Supreme Court has taken up a…

    The Michigan Supreme Court has taken up a proposal for a court rule proposal regarding the publication standards and the citation to unpublished opinions. See ADM 2014-09. The proposal emanated from the Michigan Court of Appeals. As an…
  • Dec 7

    Appellate judge writes dissent based on her conviction

    Appellate judge writes dissent based on her conviction
    Usually when appellate judges write opinions, it is based on the facts or the law or sometimes even public policy. And appellate judges, like appellate lawyers, usually present their opinions in a very restrained fashion. So it was with great…
  • Oct 24

    Busy week for child welfare world

    Busy week for child welfare world
    The Court of Appeals published two cases this week in child welfare cases. The first In re Kanjia (Docket 320055) examined whether the Michigan Supreme Court's decision in Sanders applied to appeals from an order terminating parental rights…
Rank this Week: 2590

Ohio Criminal Appeals Blog

Ohio Criminal Appeals Blog

Provides Ohio criminal appeals news, views and insights. By J. Adam Engel, LLC.

http://www.adamengel.net/appealsblog/
  • Feb 12

    Evidence From Single Trash Pull Can Be Enough For a Warrant

    Evidence From Single Trash Pull Can Be Enough For a Warrant
    The Ohio Supreme Court has held that evidence seized from a single trash pull that corroborates tips and background information involving drug activity is sufficient to establish probable cause for a warrant. The case is State v. Jones, Slip…
  • Sep 26

    Ohio Supreme Court: “All or Nothing” Defense Does Not Prevent Instruction On Lesser Included Offense

    Ohio Supreme Court: “All or Nothing” Defense Does Not Prevent Instruction On Lesser Included Offense
    The case is State v. Wine, No. 2014-Ohio-3948. The Ohio Supreme Court has held that a defendant who presents an “all or nothing” defense in a criminal trial does not have the right to prevent a trial court from giving…
  • Sep 23

    Ohio Supreme Court Holds That Attorney Is Required for Resentencing Hearing

    Ohio Supreme Court Holds That Attorney Is Required for Resentencing Hearing
    The Ohio Supreme Court has held that a defendant is entiled to an attorney at a resentencing hearing. The court explained that “a resentencing hearing is a critical stage of a criminal proceeding to which the right to counsel…
Rank this Week: 4532

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
Rank this Week: 4104

Nebraska Litigation & Trial…

Nebraska Litigation & Trial Advisor

Covers trials and appeals, depositions, and discovery. By Lamson, Dugan and Murray, LLP.

http://nebraskalitigationadvisor.com/
Rank this Week: 972

An Appeal to Reason

An Appeal to Reason

Provides information and advice to trial attorneys from an appellate attorney. By Donna Bader.

http://www.anappealtoreason.com/
  • Aug 26

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.

    Alzheimer Patient and her Husband are not liable for injuries inflicted on an in-home health care worker.
    In Gregory v. Cott, 2014 WL 3805478, the California Supreme Court was presented with the question of whether patients suffering from Alzheimer’s disease and their families are liable for the injuries they inflict on in-home health care…
  • Aug 12

    What is an arguable issue on appeal?

    What is an arguable issue on appeal?
     In People v. Hernandez (2014) ___, Cal.App.4th ___, Justice Rylaarsdam wrote the opinion in a criminal appeal in which the Court previously appointed counsel to represent the defendant.  The attorney filed…
  • Jul 31

    We may have a new California Supreme Court Justice

    We may have a new California Supreme Court Justice
    Governor Jerry Brown nominated a new Supreme Court justice to replace retiring Justice Marvin Baxter, who was one of the Court’s most conservative members.  The nominee is Mariano-Florentino Cuellar, a Mexican-born Stanford Law…
Rank this Week: 4585

Circuit Splits

Circuit Splits

Covers divisions between circuit courts. By Nicholas J. Wagoner.

http://www.circuitsplits.com/
  • Jun 6

    Parallel Review and Identifying Circuit Split

    Parallel Review and Identifying Circuit Split
    This post is part of a series exploring the ideas in an important new article by Professor Aaron-Andrew Bruhl (Univ. Houston), entitled Measuring Circuit Splits: A Cautionary Note. One important concept Bruhl explains is that of parallel…
  • Jun 6

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)

    New Must-Read Article: Measuring Circuit Splits (Aaron-Andrew Bruhl)
    Aaron-Andrew Bruhl (pictured), a professor at University of Houston Law Center, has an important new article on SSRN entitled Measuring Circuit Splits: A Cautionary Note. This article is, simply put, brilliant. It changed the way that I think…
  • May 13

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split

    How NOT To Argue That A Court Should Avoid Creating A Circuit Split
    Sometimes appellate advocates argue that the circuit court panel in their case should align with the decisions of one or two other circuits in order to avoid creating a circuit split. In one recent case, the lawyer stretched the argument too…
Rank this Week: 889

Washington State Appellate…

Washington State Appellate Practice Blog

Covers local and national appellate law practice. By Jason W. Anderson.

http://www.waappellatelaw.com/
  • Apr 11

    Should You Appeal?

    Should You Appeal?
    Parties are motivated to appeal for various reasons, often a combination of personal and financial considerations depending on the nature of the dispute. The decision whether to appeal should also take into account the likelihood of success…
  • Sep 25

    An Example of How Exaggeration and Hyperbole Can Be Counterproductive

    An Example of How Exaggeration and Hyperbole Can Be Counterproductive
    A good appellate advocate knows that understatement is generally more effective than exaggeration or hyperbole.  This proved true in a recent appeal before the United States Court of Appeals for the Sixth Circuit.  In this case,…
  • Nov 28

    Should You Appeal?

    Should You Appeal?
    Litigants are motivated to appeal for various reasons.  These may include financial considerations, a belief that the judge was biased or that trial counsel mishandled the case, a belief that justice has not been done, or simply a desire…
Rank this Week: 4080

The Appellate Record

The Appellate Record

Covers appellate law, cases, and issues. By Andrews Kurth LLP.

http://www.appellaterecord.com
  • Aug 22

    Are You Smarter Than a Fifth Grader?

    Are You Smarter Than a Fifth Grader?
    Well, are you? Smarter than a fifth grader? And if you insist that you are, is that a good thing? I spend a good portion of every day taking lousy writing and changing it into something better, sometimes even persuasive. (To be fair, some of…
  • Aug 15

    And The Winner Is . . .

    And The Winner Is . . .
    The Supreme Court of Texas is meeting in conference today,  August 15. It's the first conference in a while, given the summer court schedule. But without even warming up or stretching out, the court is managing to sandwich four days of…
  • Aug 8

    Secrets in the Twitter Age

    Secrets in the Twitter Age
    "Rien ne pèse tant que un secret." That's what La Fontaine said. For Luddite Americans like me, it means, "Nothing weighs more than a secret." On the theory that a picture is worth a thousand French quotes, take a look at the…
Rank this Week: 1692

South Carolina Appellate Lawyer

South Carolina Appellate Lawyer

Covers appellate practice in South Carolina. By Christian Stegmaier.Covers appellate practice in South Carolina. By Christian Stegmaier.

http://southcarolinaappellatelawyer.wordpress.com
  • Oct 1

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter
    On September 22, the Supreme Court issued an administrative order, which replaces the current Form 4 used for judgments/dispositions in civil matters in the Circuit Court with Form 4C.  The new Form 4C, which can be found here at…
  • Oct 1

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter

    Supreme Court Replaces Form 4 with new Form 4C in Civil Trial Matter
    On September 22, the Supreme Court issued an administrative order, which replaces the current Form 4 used for judgments/dispositions in civil matters in the Circuit Court with Form 4C.  The new Form 4C, which can be found here at…
  • Oct 1

    Re-Rolling Out South Carolina Appellate Lawyer

    Re-Rolling Out South Carolina Appellate Lawyer
    I’ve spent the day re-reading the Advance Sheets from the last several months. While reviewing the recent decisions of our Court of Appeals and Supreme Court, I thought about South Carolina Appellate Lawyer and regretted that I had let it…
Rank this Week: 4885

On The Docket

On The Docket

Covers appellate litigation in the Carolinas and beyond. By Nexsen Pruet.

http://www.nexsenpruetonthedocket.blogspot.com/
  • Sep 28

    Error Preservation in South Carolina: Beware the "Two Issue" Rule.

    Error Preservation in South Carolina: Beware the "Two Issue" Rule.
    By Kirsten E. SmallBecause I am an appellate lawyer, error preservation is the bane of my existence. I don't care if the trial judge excluded your evidence, kicked a puppy, or made the jury deliberate through the Clemson-Carolina game. If you…
  • Sep 19

    The Appellate Code: The Many Meanings of "Per Curiam"

    The Appellate Code: The Many Meanings of "Per Curiam"
    By Kirsten E. SmallWe all know that “per curiam” means “by the court.” But, to echo a 1960s hippie-type, what does “per curiam” really mean, man? What message, if any, is an appellate court conveying by issuing an opinion “per…
  • Sep 12

    New Fourth Circuit Nominee Stephanie Thacker

    New Fourth Circuit Nominee Stephanie Thacker
    By Kirsten E. SmallJust in time for "On the Docket" to return from its summer hiatus ("hiatus" sounds so much more deliberate than "holy cow, I've been busy lately," doesn't it?), President Obama has officially announced a new pick for the…
Rank this Week: 4229

Abstract Appeal

Abstract Appeal

Covers Florida Law and the Eleventh Circuit Court of Appeals. By Matt Conigliaro.

http://www.abstractappeal.com/
  • Aug 12

    Health Care Litigation: The Eleventh Circuit Agrees The Mandate Is Unconstitutional

    Health Care Litigation: The Eleventh Circuit Agrees The Mandate Is Unconstitutional
    This decision will attract a great deal of attention. It should. Today, the Eleventh Circuit held that the individual insurance mandate contained in the massive 2010 health care legislation violates the federal constitution because Congress…
  • Jul 8

    People Say I’m Lazy…

    People Say I’m Lazy…
    Dreaming my life away. Well they give me all kinds of advice… You know the rest. Lennon had been spending time raising a family in New York. My story is a little different.
  • Feb 21

    Hey Legislature: That MedMal Immunity Is Illusory

    Hey Legislature: That MedMal Immunity Is Illusory
    This decision from the Fourth District examined section 768.135, the title of which references immunity for volunteer sports team physicians.
Rank this Week: 1757

South Carolina Appellate Law Blog

South Carolina Appellate Law Blog

Follows the opinions of the South Carolina appellate courts, the Fourth Circuit, and the United States Supreme Court. By Womble Carlyle.

http://southcarolinaappellatelaw.blogspot.com/
  • Dec 13

    Closing Out

    Closing Out
    Well, I have left private practice and have taken a job with the US Attorney's Office. In light of my career change, this blog is shutting down. Thanks to everyone who dropped by for the latest SC legal news. Merry Christmas.
  • Dec 1

    Constitutional issues with Clinton appointment???

    Constitutional issues with Clinton appointment???
    "No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during…
  • Nov 19

    Billy Wilkins' return to the courtroom as a lawyer meets with succe

    Billy Wilkins' return to the courtroom as a lawyer meets with succe
    From the Greenville News:William W. “Billy” Wilkins successfully argued against a motion in a shareholder suit against South Financial that asked for a temporary restraining order barring retirement payments to retired CEO Mack Whittle as…
Rank this Week: 401

Appellate Law & Practice

Appellate Law & Practice

Covers appellate law and advocacy.

http://appellate.typepad.com/appellate/
  • Dec 10

    Giving it up.

    Giving it up.
     I am going to be discontinuing my participation in this blog in the next week or so.  If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry. 
  • Dec 8

    CA1: large law firm loses case on behalf of client

    CA1: large law firm loses case on behalf of client
     US Securities & Exch v. Tambone, No. 07-1384. This is a close case. On the one hand, the government is bringing an enforcement action regarding misleading prospectuses to sell mutual funds. On the other hand, the defendants are represented…
  • Dec 8

    CA1: It’s official. Everything is mail fraud.

    CA1: It’s official. Everything is mail fraud.
    US v. Hebshie, 07-2339 (12/4/08). This is a federal arson case. As you know, the framers of the constitution really envisioned the federal government prosecuting insurance fraud (or, as they say, “mail fraud”). The first says that pretty…
Rank this Week: 468

Smythe PC Blog

Smythe PC Blog

Covers appellate law.

http://appeals.me/smythe-pc/
Rank this Week: 2740

Prove My Florida Case

Prove My Florida Case

Covers Florida appellate, evidentiary, and trial perspectives and issues. By David M. Adelstein.

http://www.provemyfloridacase.com
Rank this Week: 3187