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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: 453

Alabama Law Blog of William…

Alabama Law Blog of William Pfeifer

Covers Alabama law.

http://williampfeifer.com/blog
  • May 19

    Alabama ‘McLendon standard’ in child custody modification appeal

    Alabama ‘McLendon standard’ in child custody modification appeal
    Our Alabama appellate law practice often handles custody issues in post-divorce modification cases. These are situations where the parties have already gone through a divorce, one party was awarded custody, and then the other party has later…
  • May 19

    AAJ Paralegal of the Year Award – Nominations Now Open

    AAJ Paralegal of the Year Award – Nominations Now Open
    The American Association for Justice (AAJ) is now accepting nominations for their Paralegal of the Year Award for 2014. Sponsored by Advocate Capital, the award is to recognize the work of Paralegal Affiliate members…
  • May 7

    Alabama Appellate Briefs – Citation to the Record on Appeal

    Alabama Appellate Briefs – Citation to the Record on Appeal
    An issue that sometimes arises in Alabama appellate court practice is the failure of a party to provide proper citations to the record on appeal. The record on appeal refers to the compilation of the trial transcript, trial exhibits, and the…
Rank this Week: 3643

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: 4427

Appealing Decisions

Appealing Decisions

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

http://www.flaappellatecounsel.com/
  • Oct 29

    Interesting Glimpse Into Florida’s 5th DCA

    Interesting Glimpse Into Florida’s 5th DCA
    This article was recently published by the Daytona Beach News-Journal. It’s always fascinating to get an insider’s behind-the-scenes view of the courthouse.
  • Sep 7

    Failure to Preserve Error Costs Plaintiff a New Trial

    Failure to Preserve Error Costs Plaintiff a New Trial
    Preservation of error is an issue that is discussed so frequently by appellate lawyers that it tends to be met with eye rolls by other lawyers. However, we keep talking about preservation of error because it is one of few … Continue…
  • Jul 17

    Failure to Preserve Error Costs Plaintiff a New Trial

    Failure to Preserve Error Costs Plaintiff a New Trial
    Preservation of error is an issue that is discussed so frequently by appellate lawyers that it tends to be met with eye rolls by other lawyers. However, we keep talking about preservation of error because it is one of few … Continue…
Rank this Week: 3718

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/
  • Oct 30

    Sixth Circuit Judicial Conference - Save the Date

    Sixth Circuit Judicial Conference - Save the Date
    As reported this morning by the Sixth Circuit Appellate Blog, the Sixth Circuit will be holding an open judicial conference May 13-15, 2015.
  • Oct 20

    Inspiration for Creating an Appellate Brief Problem

    Inspiration for Creating an Appellate Brief Problem
    For those of you working on developing an appellate brief problem for this academic year, take a look at City of Los Angeles v. Patel. The U.S. Supreme Court just granted the petition for writ of certiorari today, and it...
  • Oct 12

    Judge Richard Kopf has this post on his…

    Judge Richard Kopf has this post on his blog, Hercules and the Umpire, regarding the late Judge Richard S. Arnold's near appointment to the Supreme Court by President Clinton in 1994. Reproduced in that post is a draft speech prepared...
Rank this Week: 2656

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: 380

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/
  • Oct 29

    Proceedings Under Trust Code (Rather than Probate Code) Not Appealable Unless Final

    Proceedings Under Trust Code (Rather than Probate Code) Not Appealable Unless Final
    In Bank of the Ozarks v. Cossey, 2014 Ark. App. 581, the Arkansas Court of Appeals addressed the question of whether an order that appears to be a non-final order is still appealable under Ark. R. App. P. (2)(a)(12), which permits an appeal…
  • Oct 28

    Arbitration Clauses Not Enforceable in Arkansas State Courts Where There is No Mutuality of Obligation

    Arbitration Clauses Not Enforceable in Arkansas State Courts Where There is No Mutuality of Obligation
    Following these recent decisions, parties should expect any questionable arbitration clause to be contested in litigation in an Arkansas state court. Although the Federal Arbitration Act (FAA) might be applicable, it is state contract law…
  • May 15

    We Endorse Tim Cullen Over Robin Wynne for Arkansas Supreme Court

    We Endorse Tim Cullen Over Robin Wynne for Arkansas Supreme Court
    We Support Tim Cullen for Supreme Court This blog is mostly read by lawyers, but around election time, a lot of voters (who are not necessarily lawyers) visit our blog to learn about the candidates running for appellate court positions.…
Rank this Week: 4674

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/
  • Oct 30

    To have and un-hold

    To have and un-hold
    Every Supreme Court grant of review is not necessarily followed by briefing on the merits, an oral argument, and a written opinion. One thing the court can do is grant review and send the case right back to the Court of Appeal for further…
  • Oct 29

    Death penalty opinion filing tomorrow

    Death penalty opinion filing tomorrow
    The Supreme Court will file tomorrow morning its opinion in People v. Adams, an automatic appeal from a July 2003 judgment of death.  Adams was argued on the September calendar. The opinion can be viewed tomorrow starting at 10:00…
  • Oct 28

    Getting relief for a late petition for review might not be a hopeless cause

    Getting relief for a late petition for review might not be a hopeless cause
    On the list of appellate lawyer nightmares — an appropriate topic considering that Halloween is only a few days away — forgetting to file a timely notice of appeal probably ranks first.  (For literal nightmares, first place…
Rank this Week: 298

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/
  • Jun 26

    Changing of the Guard at State’s High Court

    Changing of the Guard at State’s High Court
    The California Supreme Court is undergoing a few changes. Justice Joyce L. Kennard has retired and has not yet been replaced. And Justice Marvin R. Baxter is leaving at the end of the year. Much has already been written…
  • Apr 22

    Contractual Attorney Fees in California: Which Statute Applies?

    Contractual Attorney Fees in California: Which Statute Applies?
    A recurring theme in my recent Daily Journal publications has been the rough doctrinal fit between operation of Civil Code section 1717 and Code of Civil Procedure section 1021 and section 1032. Section 1717 has been…
  • Jan 8

    Contractual Attorney Fee Provisions: Words Matter

    Contractual Attorney Fee Provisions: Words Matter
    This blog entry provides an analytical metric for double-checking assumptions about application of Civil Code section 1717 and contractual attorney fee awards.  As the case law demonstrates, it is easy to…
Rank this Week: 642

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/
  • Oct 30

    Edwards v. Lake Elsinore USD (Cal. Ct. App. - Oct. 30, 2014)

    Edwards v. Lake Elsinore USD (Cal. Ct. App. - Oct. 30, 2014)
    The good news for Lori Edwards is that the Court of Appeal holds that the trial court erroneously held that her complaint against the Lake Elsinore Unified School District was barred by the relevant limitations period.The bad news, however,…
  • Oct 30

    NRDC v. US DOT (9th Cir. - Oct. 30, 2014)

    NRDC v. US DOT (9th Cir. - Oct. 30, 2014)
    Fear not.  Judge Wardlaw -- a resident of L.A. -- understands that trying to get out of the Port of Los Angeles and connect to the 405 is even scarier than four uncostumed teenagers showing up on your doorstep at 9:30 p.m. tomorrow night…
  • Oct 29

    In Re A.B. (Cal. Ct. App. - Oct. 29, 2014)

    In Re A.B. (Cal. Ct. App. - Oct. 29, 2014)
    You read a ton of dependency cases in which drugs are involved.  Not surprisingly.  Drugs and kids simply do not mix very well.It's usually methamphetamine or marijuana or cocaine.  But this case is slightly different:"Just…
Rank this Week: 173

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
  • Oct 30

    Illegal Contracts Does Not Preclude Discrimination Claim

    Illegal Contracts Does Not Preclude Discrimination Claim
    By Marc-Andre Russell In Hounga v Allen, the U.K. Supreme Court addressed an issue that has not received much attention from the courts recently: the defence of illegality, also called the “ex turpi causa” doctrine. The U.K.…
  • Oct 27

    This Week at the SCC (24/10/2014)

    This Week at the SCC (24/10/2014)
    A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLPBy Anthony Alexander The Supreme Court this week issued a number of leave-to-appeal rulings likely to be of interest to Canadian businesses and…
  • Oct 22

    What’s “New” and What do Do About it? Supreme Court Sets High Bar to Appellate Courts Exercising Discretion to Raise New Issue

    What’s “New” and What do Do About it? Supreme Court Sets High Bar to Appellate Courts Exercising Discretion to Raise New Issue
    By Lisa Jorgensen In R. v. Mian, the Supreme Court provided extensive comment on when an “appellate court can disrupt the adversarial system and raise a ground of appeal on its own” initiative. The Court established a new test for…
Rank this Week: 1133

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: 2147

FlascBlog

FlascBlog

Covers the Florida Supreme Court.

http://www.flascblog.com
  • Oct 27

    Do Statutory Prevailing Party Attorney Fees Apply in Lawsuits Under Local Law Pension Plans?

    Do Statutory Prevailing Party Attorney Fees Apply in Lawsuits Under Local Law Pension Plans?
    Regina Keenan The Florida Supreme Court in Board of Trustees of the City Pension Fund for Firefighters & Police Officers in the City of Tampa v. Parker (SC 12-890) held that parties that prevail on claims for benefits under local law…
  • Oct 27

    The Constitutionality Of Law Enforcement’s Use Of Cell Phone Data To Track Suspect

    The Constitutionality Of Law Enforcement’s Use Of Cell Phone Data To Track Suspect
    Kristen Larson and Regina Keenan In Tracey v. State (SC11-2254), the Florida Supreme Court held that a trial court erred in admitting evidence obtained from real time cell site location tracking which was not authorized by a court order, and…
  • Oct 25

    Supreme Court Addresses Uninsured Motorist Insurance and Stacking Coverage

    Supreme Court Addresses Uninsured Motorist Insurance and Stacking Coverage
    John Koeppel On Thursday the Florida Supreme Court reversed a decision by the First District Court of Appeal regarding uninsured motorist (UM) insurance, Travelers Commercial Ins. Co. v. Harrington, 86 So. 3d 1274 (Fla. 1st DCA 2012), and…
Rank this Week: 3067

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/
  • Sep 23

    Modern Technology Impacts Service of Proce

    Modern Technology Impacts Service of Proce
    Avenues of communication have dramatically expanded over the past few decades, with email, social media, the proliferation of mobile phones, and text messaging making it easier and easier to make contact with the vast majority of people.…
  • Sep 18

    The Story Behind the 4th District Court of Appeal's Relocation Plan, As Told By the Judge

    The Story Behind the 4th District Court of Appeal's Relocation Plan, As Told By the Judge
    The judges of Florida's Fourth District Court of Appeal can apply the same sharp analysis to solve financial quandaries as they use to parse complex legal issues. That's what attendees of yesterday's meeting of the Appellate…
  • Jul 29

    How 2 Courts of Appeals Applied the Same Law to Reach Opposite Conclusions About the ACA

    How 2 Courts of Appeals Applied the Same Law to Reach Opposite Conclusions About the ACA
    Last week, two federal courts of appeals--the 4th Circuit and D.C. Circuit--considered whether the IRS reasonably interpreted the Affordable Care Act as allowing the IRS to give tax credits to taxpayers that purchase health insurance through…
Rank this Week: 1956

How Appealing

How Appealing

Covers appellate litigation. By Howard J. Bashman.

http://howappealing.law.com/
  • Oct 30

    "NY State blesses 'incest' marriage between uncle, niece"

    "NY State blesses 'incest' marriage between uncle, niece"
    "NY State blesses 'incest' marriage between uncle, niece": The New York Post has an article that begins, "The state's highest court has toppled a cultural taboo -- legalizing a degree of incest, at least between an uncle and niece -- in a…
  • Oct 30

    "Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study."

    "Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study."
    "Free Expression, In-Group Bias, and the Court's Conservatives: A Critique of the Epstein-Parker-Segal Study." Law professor Todd E. Pettys has posted this article online at SSRN (via "Legal Theory Blog").
  • Oct 30

    "How the Supreme Court Should Resolve Zivotofsky"

    "How the Supreme Court Should Resolve Zivotofsky"
    "How the Supreme Court Should Resolve Zivotofsky": Jack Goldsmith has this post today at the "Lawfare" blog. And today at "Just Security," Marty Lederman has a post titled "The Article I argument in Zivotofsky."
Rank this Week: 44

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/
  • Oct 27

    Write Like Earl Fatha Hines Mosey

    Write Like Earl Fatha Hines Mosey
    Paralyzed by that white screen mocking you? Close your eyes for a few minutes and let this piano massage your brain. Then write your appellate brief like Earl Fatha Hines moseys along the Santa Fe Trail.
  • Oct 25

    Lack Of Notary Dooms Husband’s Notice Of Appeal

    Lack Of Notary Dooms Husband’s Notice Of Appeal
    Anita and Sushil Sheth got divorced. Sushil was custodian on several of the couple’s two children’s financial accounts. Anita asked the trial court to remove Sushil as custodian. The trial court did so, and also denied…
  • Oct 23

    Trial Court Sanctions Ruling Too Terse. Appellate Court Sends It Back For More Specificity

    Trial Court Sanctions Ruling Too Terse. Appellate Court Sends It Back For More Specificity
    Lake Environmental was doing asbestos removal at Scott Air Force Base in southern Illinois. The State, claiming that Lake had violated regulations, persuaded the Department of Public Health to revoke Lake’s asbestos removal license.…
Rank this Week: 2373

Innocence Blog

Innocence Blog

The legal blog of theInnocence Project founded in 1992 by Barry C. Scheck and Peter J. Neufeld at the Benjamin N. Cardozo School of Law at Yeshiva University to assist prisoners who could be proven innocent through DNA testing.

http://www.innocenceproject.org/news/Blog.php
  • Oct 30

    Study Reveals African-Americans Wait Longer To Be Exonerated

    Study Reveals African-Americans Wait Longer To Be Exonerated
    A new report from a Loma Linda University biostatics professor reveals that African-Americans are exonerated at a slower rate than any other race in the country. The HuffPost reported that according to Professor Pamela Perez' data, blacks who…
  • Oct 29

    Murder Convictions Vacated for Two Washington, D.C. Men

    Murder Convictions Vacated for Two Washington, D.C. Men
    A decade after Gary Gathers and Keith Mitchell were convicted of murder, a Washington, D.C. appeals court reversed their convictions Wednesday, finding that prosecutors relied on false evidence at trial. The Legal Times reported that the…
  • Oct 28

    Two Dallas Men Released After Serving 15 Year

    Two Dallas Men Released After Serving 15 Year
    Photo: Stanley Mozee (left) and Dennis Allen (right) are greeted by family, supporters and the media after being released in Dallas Tuesday. (Credit: Lara Solt) Dennis Lee Allen and Stanley Orson Mozee walked out of a Dallas County courtroom…
Rank this Week: 781

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: 2127

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/
  • 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…
  • Aug 12

    Spousal Support Obligation Can Be Partially Based on the Income of a New Spouse

    Spousal Support Obligation Can Be Partially Based on the Income of a New Spouse
    On May 13, 2014, in an unpublished opinion, the Michigan Court of Appeals held that a payor’s spousal support may be increased on the basis of a new spouse’s income. In Sweeny v Sweeny (Docket No. 312169), plaintiff had remarried…
  • Jul 14

    When judges cannot follow court orders but want others to follow their order

    When judges cannot follow court orders but want others to follow their order
    Judges should expect their orders to be followed. So it did not surprise me when I read an article reposted in Michigan Lawyers Weekly (original article from the Daily Telegram dated July 12, 2014) about a Lenawee County Circuit Court Judge…
Rank this Week: 2376

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: 2209

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: 2235

News From Dallas Appellate…

News From Dallas Appellate Attorney Chad Ruback

Covers Dallas Court of Appeals developments.

http://news.appeal.pro
  • Oct 30

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief

    Texas Supreme Court Justice Don Willett’s Thoughts on Amicus Brief
    This afternoon, Texas Supreme Court Justice Don Willett and Austin lawyer Don Cruse spoke at a continuing legal education seminar.  Among other things, they addressed amicus briefs filed in the Supreme Court. The court requests a…
  • Sep 29

    Appellate Judges Education Institute seminar in Dallas, TX

    Appellate Judges Education Institute seminar in Dallas, TX
    The American Bar Association’s Judicial Division and Southern Methodist University’s Dedman School of Law will be hosting a seminar in Dallas, Texas from November 13-16, 2014.  The seminar will be co-hosted by the ABA’s…
  • Sep 10

    Five Judges from the Fifth Circuit Court of Appeals Offer Pointers on Appellate Advocacy

    Five Judges from the Fifth Circuit Court of Appeals Offer Pointers on Appellate Advocacy
    The Dallas Bar Association Business Litigation Section recently hosted an outstanding panel discussion with five judges from the Fifth Circuit Court of Appeals.  I have been attending appellate continuing legal educations presentations…
Rank this Week: 3263

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/
Rank this Week: 3778

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: 3334

Peter Smythe, P.C. Blog

Peter Smythe, P.C. Blog

Covers appellate advocacy and intellectual property law.

http://appeals.me/peter-smythe-pc/
  • Jun 25

    Cell-Phone Searches Require a Warrant

    Cell-Phone Searches Require a Warrant
    One of the larger Fourth Amendment issues of federal criminal law has been the warrantless search of cellphones. The Fifth Circuit decided United States v. Finley in 2007, which analogized cell phones to containers and held that police could…
  • Jun 25

    Supreme-Court Writer

    Supreme-Court Writer
    Slate recently published an article asking, "What kind of writers are the justices of the Supreme Court?" In answering that question, it turned to Matt Daniels, a data scientist, who came up with a method called token analysis—a…
  • Jun 23

    The Fifth Circuit Goes High-Tech

    The Fifth Circuit Goes High-Tech
    The Fifth Circuit's Clerk, Lyle Cayce, recently gave a presentation at the University of Texas Conference on State and Federal Appeals about the Fifth Circuit's new briefing technology. Once an attorney files a brief, the Court's software…
Rank this Week: 1903

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/
  • Oct 30

    HRAP Does Not Apply to Cross-Appeals to the Trial Court From Administrative Decision

    HRAP Does Not Apply to Cross-Appeals to the Trial Court From Administrative Decision
    Today, October 30, 2014, the HAWSCT issued its decision in a transfer case Friends of Makakilo v. D.R. Horton-Schuler Homes, LLC, et al., SCAP-13-0002408, on the issue of whether the 14-day rule applicable to appeals under the Hawaii Rules of…
  • Oct 27

    Hawaii Appeal Bar Con Review Part I: Insider’s View of the ICA

    Hawaii Appeal Bar Con Review Part I: Insider’s View of the ICA
    On Friday, October 24, 2014, the Hawaii State Bar Association held its Annual Bar Convention at the Hilton Hawaiian Village. The Appellate Section’s program featured Hawaii Supreme Court Justices, the Chief Judge of the Intermediate Court…
  • Oct 24

    The Appellate Record, October 2014

    The Appellate Record, October 2014
    The Appellate Section published the October 2014 issue of its newsletter, The Appellate Record, that includes summaries of published Hawaii opinions since March 2014 and additional noteworthy appellate information, as previously summarized…
Rank this Week: 969

SCOTUSblog

SCOTUSblog

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

http://www.scotusblog.com/
  • Oct 30

    Petition of the day

    Petition of the day
    The petition of the day is: Walker v. Texas Division, Sons of Confederate Veterans, Inc. 14-144 Issue: (1) Whether the messages and images that appear on state-issued specialty license plates qualify as government speech immune from…
  • Oct 30

    Argument preview: Racial gerrymandering, partisan politics, and the future of the Voting Rights Act

    Argument preview: Racial gerrymandering, partisan politics, and the future of the Voting Rights Act
    The Supreme Court has long ignored Justice Felix Frankfurter’s warning to stay out of the political thicket. It regularly hears challenges to redistricting cases (not to mention lots of other types of election cases), raising issues…
  • Oct 30

    Thursday round-up

    Thursday round-up
    Briefly: In the ABA Journal, Mark Walsh previews next week’s oral argument in Yates v. United States, in which the Court will consider the case of a commercial fisherman convicted of violating the anti-shredding provision of the…
Rank this Week: 11

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/
  • Sep 2

    Appeal a SC Discovery Order? – A Rock and Hard Place

    Appeal a SC Discovery Order? – A Rock and Hard Place
    The South Carolina Supreme Court recently explained how to appeal a discovery order. The case is Davis v. Parkview Apartments, Op. No. 27429 (S.C. Sup.Ct. filed Aug. 6, 2014).    In Davis, the trial court ordered the…
  • Aug 29

    SC Amici Curiae Strike Again

    SC Amici Curiae Strike Again
    The South Carolina Supreme Court this month entertained arguments raised only by amici — despite the rule against it. The case is In the Interest of Kevin R., Op. No. 27430 (S.C. Sup.Ct. filed Aug. 6, 2014). Kevin R. involves…
  • Aug 26

    SC Workers Comp Notices of Appeal

    SC Workers Comp Notices of Appeal
    The SC Court of Appeals held last week that notices of appeal from the South Carolina Workers Compensation Commission do not need to state the grounds for the appeal. S.C. Code Ann. § 42-17-60 deals with appeals from the Commission…
Rank this Week: 3748

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: 1452

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

    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…
  • Dec 31

    Supreme Court Issues Administrative Order Regarding Revisions to Family Court Coversheet

    Supreme Court Issues Administrative Order Regarding Revisions to Family Court Coversheet
    In conjunction with the development of the Family Court Case Management System and the Child Support Enforcement System, the Family Court Coversheet has been revised to improve statistical information and reporting in Family Court.  Click…
Rank this Week: 4943

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/
  • Oct 29

    New OCSC website for Appellate info

    New OCSC website for Appellate info
    Orange County Superior Court has launched a new webpage to provide information about appeals. News release is here and the new Appeals Webpage is here.Today's DJ features another article by Justice Hoffstadt, this one titled "Deputizing…
  • Oct 24

    Vote to Retain 2d District Justice

    Vote to Retain 2d District Justice
    The Los Angeles County Bar Association urges the electorate to vote to retain the eleven 2d District Justices in the November 4 election. That's probably not news to this blawg's readers, but please share this information with all your…
  • Oct 24

    Funny Stuff

    Funny Stuff
    At SCAN, we realize our readers expect only a serious tone in addresses appellate items. For that reason, we've held off (until now) linking to the Justices-as-dogs bit that's been all over the internet (and on blawgs like How Appealing, ABA…
Rank this Week: 51

TCB's Legal Blog

TCB's Legal Blog

Criminal defense news. By Thomas C. Brandstrader.

http://chicagofelony.com/legal-posts/
  • 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 ……
  • May 10

    Paul Krugman writes….

    Paul Krugman writes….
    The top twenty five hedge fund managers made a total of 21 billion dollars last year. This is twice as much as all of the kindergarten teachers in the country combined. Those teachers are smart, highly educated and work hard … Continue…
  • May 6

    Enough is enough…we have wasted too many lives and too much money…

    Enough is enough…we have wasted too many lives and too much money…
    Economists Slam the War on Drugs in a New London School of Economics Report The ‘singular approach’ to fighting drug abuse isn’t working—and it’s time for a change, says a new report produced by the London School…
Rank this Week: 2766

Texas Appellate Law Blog

Texas Appellate Law Blog

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

http://www.texasappellatelawblog.com/
  • Oct 23

    Texas Appellate Courts Get a Major Website Upgrade

    Texas Appellate Courts Get a Major Website Upgrade
    If you’ve received CaseMail updates this week, you’ve likely noticed something new when clicking on the link embedded in your notification emails. Last Friday, the Texas appellate courts got a major online upgrade with the…
  • Sep 8

    Are Lawyer-Hyperlinked Briefs Headed for Extinction?

    Are Lawyer-Hyperlinked Briefs Headed for Extinction?
    When used appropriately, hyperlinks to specific portions of the record or to on-point authorities can be a very effective tool in the appellate lawyer’s arsenal. But are recent developments enhancing that tool or effectively taking it…
  • Aug 6

    Justice Moseley’s Departure Creates Unusual Election Scenario

    Justice Moseley’s Departure Creates Unusual Election Scenario
    In early June, Fifth Court of Appeals Justice Jim Moseley (pictured) announced that he would be leaving the Court this month. He has since decided to join Gray, Reed & McGraw, where he will chair the firm’s appellate section. I have…
Rank this Week: 2827

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/
  • Oct 30

    Jim Sharp: Master of Judicial Intemperance, Junk Jurisprudence, and Ipse Dixit

    Jim Sharp: Master of Judicial Intemperance, Junk Jurisprudence, and Ipse Dixit
    CALLING ALL HILLBILLIES: RE-ELECT JIM SHARP AT YOUR PERIL  Ever so often you get a member of the judiciary who does not give a rodent's posterior about the essential elements of a cause of action, established precedent, or the rules of…
  • Oct 17

    Legal sufficiency of evidence to support credit card debt claim: Proof of contract terms required

    Legal sufficiency of evidence to support credit card debt claim: Proof of contract terms required
    CREDITOR MUST PROVE AGREEMENT ON SPECIFIC TERMS OF GOVERNING EXTENSION OF CREDIT  In a bench trial in which no findings of fact or conclusions of law are requested by the parties or filed by the trial court, we imply all findings of…
  • Oct 16

    Two types of mechanic's liens under Texas law

    Two types of mechanic's liens under Texas law
    CONSTITUTIONAL AND STATUTORY MECHANICS LIEN  Texas law recognizes two possible types of mechanic's liens: (1) a constitutional lien and (2) a statutory lien. TEX. CONST. art. XVI, § 37; TEX. PROP. CODE ANN. 53.001 (West 2007). "[A]…
Rank this Week: 1435

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: 360

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: 3934

The Appellate Strategist

The Appellate Strategist

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

http://www.appellatestrategist.com
  • Oct 15

    Join Us for "The Illinois Supreme Court: Preview of Coming Attractions"

    Join Us for "The Illinois Supreme Court: Preview of Coming Attractions"
    Register now to join us for the first in a new series of webinars by Sedgwick’s Complex Litigation Appellate Task Force. In addition to discussing important decisions coming this fall from the Illinois Supreme Court in the fields…
  • Oct 15

    Illinois Supreme Court Seems Likely to Reinstate Attorney General's Appeal from ICC Order

    Illinois Supreme Court Seems Likely to Reinstate Attorney General's Appeal from ICC Order
    In the recently concluded September term, the Illinois Supreme Court heard one of the shortest civil arguments it has heard in many years in People ex rel. Madigan v. Illinois Commerce Commission. Madigan seems likely to result in…
  • Oct 15

    Illinois Supreme Court Agrees to Unravel Procedural Tangle in Internet Posting Case

    Illinois Supreme Court Agrees to Unravel Procedural Tangle in Internet Posting Case
    Our previews of the newest additions to the Illinois Supreme Court’s civil docket continue with Hadley v. Subscriber Doe. Hadley is a defamation case arising from an anonymous internet posting, but that issue comes wrapped in a…
Rank this Week: 2071

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
  • Aug 27

    How to make your mediation brief effective

    How to make your mediation brief effective
    There are some big differences between appellate mediation and mediation while your case is still pending in the trial court. But appellate and trial lawyers can both benefit from reading mediator Rande Sotomayor’s excellent article,…
  • Jul 28

    Opposing the pro se appellant

    Opposing the pro se appellant
    I think a lot of people might think that any time the appellant is a lay person representing himself (i.e., appearing “pro se”), the respondent has a pretty easy time of it. Is that the case? I was reminded of this issue by an…
  • Jul 2

    Doesn’t anybody read the rules?

    Doesn’t anybody read the rules?
    When is a brief written by a lay person likely to be of comparable quality to a brief written by lawyer for the other side in the same case? When both briefs stink: Brooks’s opening brief on appeal includes a statement of facts without…
Rank this Week: 1200

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/
  • Oct 4

    The Government Gets Slapped Back to District Court in a Fake Stash House Robbery Case

    The Government Gets Slapped Back to District Court in a Fake Stash House Robbery Case
    Fake stash house robbery cases are an embarrassment to a civilized society. Here's what happens. An undercover ATF agent finds a guy and does some deals with him. He then tells the guy he knows of a stash house where there are a lot of…
  • Sep 22

    Short Wins - The "Silence is Golden" Edition

    Short Wins - The "Silence is Golden" Edition
    The most interesting case in the last two weeks, I think, is United States v. Shannon. There, the person accused of a crime simply didn't feel like talking to law enforcement - because, really, who would. The government crossed him on his…
  • Sep 15

    Short Wins - the Distribution of Child Pornography Gets (slightly) Limited Edition

    Short Wins - the Distribution of Child Pornography Gets (slightly) Limited Edition
    Child porn cases are turning out to be a surprisingly large portion of what's in federal court. Child pornography is gross and wrong, to be clear. But these cases are, I think, a symptom of a larger problem. All of us have times in our…
Rank this Week: 1942

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: 3635