Posts tagged with: "Appeals"
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16 Feb 2011, 8:14 am
A question that arises in appellate law practice is whether a trial lawyer should also handle the appeal of a case. This is a complicated issue that deserves more than the simplistic answer it is usually given, and really depends on both the appellate experience of the attorney as well as the specific situation involved [...] [read post]
8 Jul 2011, 6:50 am
Due to the need for a more centralized location for meeting with clients in our statewide appellate law practice, we have now opened a Birmingham appellate law office. The office for meeting with clients needing to appeal cases from Jefferson County and the surrounding areas is located at One Perimeter Park South, Suite 100N, Birmingham, [...] [read post]
29 Dec 2010, 9:58 pm
Many people find this website while looking for copies of the Alabama Rules of Appellate Procedure. We were one of the first sites to make the full text of the rules available online for free, and we try to keep the version on this site current with any amendments or additions to the official rules. [...] [read post]
16 Feb 2011, 11:39 am
There are a number of mistakes trial lawyers make when they venture into Alabama appellate law practice, some of which were covered in our last post on Should Trial Lawyers Handle Their Own Appeals. In that post, we discussed some of the observations made by appellate court judges on why trial lawyers may want to think [...] [read post]
10 Nov 2011, 8:56 pm
If a default judgment has been entered against you in Alabama, there is a procedure for having that judgment set aside. Rule 55(c) of the Alabama Rules of Civil Procedure gives trial court judges the discretionary authority to set aside default judgments. The starting point in having the default judgment vacated or set aside is, [...] [read post]
10 Nov 2011, 8:56 pm
If a default judgment has been entered against you in Alabama, there is a procedure for having that judgment set aside. Rule 55(c) of the Alabama Rules of Civil Procedure gives trial court judges the discretionary authority to set aside default judgments. The starting point in having the default judgment vacated or set aside is, [...] [read post]
5 May 2010, 11:53 am
Image via Wikipedia The Alabama Rules of Appellate Procedure are now available on this website. The version of the rules posted is current through the most recent amendments that went into effect on February 1, 2009. Posting the Rules of Appellate Procedure to our website is part of our effort to increase public access to [...] [read post]
29 Dec 2011, 11:21 am
At this time of the year many attorneys and agents are not paying all that much attention to the rules and requests for comments coming out of the Patent Office. Truthfully, with the number of changes that have taken place under the Kappos run Patent Office and the enormity of the America Invents Act many patent attorneys, including myself, are worn out! Add to that the typical end of the year matters for clients and our own businesses and it is easy to miss announcements in November and December. [read post]
8 Nov 2011, 12:08 pm
Alabama attorneys who want to use iPads and other technological advances in their law practices may be interested in reading my new article, Technology in Appellate Law Practice. The article appears in the 4th Quarter issue of The Guardian, the newsletter of the Alabama Criminal Defense Lawyers Association (ACDLA). The article is not currently available [...] [read post]
8 Nov 2011, 12:08 pm
Alabama attorneys who want to use iPads and other technological advances in their law practices may be interested in reading my new article, Technology in Appellate Law Practice. The article appears in the 4th Quarter issue of The Guardian, the newsletter of the Alabama Criminal Defense Lawyers Association (ACDLA). The article is not currently available [...] [read post]
19 Jan 2011, 11:39 am
When a cop lies in court, do trial judges and appellate courts let them get away with it? It appears that in many cases, the answer is yes. Unless it is absolutely proven that the cop was lying, trial judges usually put their rubber stamp on what the cop says. When the case goes up [...] [read post]
24 Apr 2012, 10:06 am
Overview of the Appeals Process
A conviction at your trial doesn’t end the legal process. It is possible to file motions requesting that the trial court set aside the verdict or to order a new trial. These motions are rarely successful. You may need to appeal to a higher court to get your conviction overturned or have your sentence reduced. If you are convicted of a gross misdemeanor or a felony in Nevada, the statutes entitle you to an appeal. You must file your motions for appeal within 30 days… [read post]
28 Nov 2011, 2:06 pm
By eliminating certain briefing requirements the PTO hopes to reduce the number of non-compliant appeal briefs and the number of non-compliant examiner’s answers. Non-compliant briefs and non-compliant examiner's answers needlessly delay consideration of an appeal by the Board, which contributes to the long delays applicants on the appeals track face. Delays due to non-compliant briefs and answers are particularly unconscionable given the average pendency for an application that must proceed to… [read post]
9 Dec 2011, 7:01 am
The Associated Press (AP) on December 8, 2011 released the following: "By MICHAEL TARM CHICAGO (AP) - Rod Blagojevich has one last hope to reduce his harsh 14-year sentence: an appeal. But lawyers for the disgraced former Illinois governor face long odds in chipping away at the time he must serve for attempting to auction off an appointment to President Barack Obama's old Senate seat and other crimes, legal experts said Thursday. Attorneys will have the daunting task of demonstrating that the… [read post]
18 Aug 2011, 9:05 pm
As an Alabama appellate lawyer, I often encounter people who want to withdraw their guilty plea in a criminal case. These defendants often say they showed up to go to trial on their criminal charges, only to have their lawyer pressure them into taking a plea bargain at the last minute. After having a little [...] [read post]
4 May 2012, 7:25 am
The Washington Post on May 4, 2012 released the following: "By Associated Press, SAN FRANCISCO - Barry Bonds has asked a federal appeals court to toss out his felony obstruction conviction, arguing it was based on his rambling - but truthful - answer to a grand jury question about whether his trainer ever provided him with an injectable substance. Responding to the jury, the Major League Baseball's career home runs leader replied that he was a "celebrity child," rather than answering the question… [read post]
30 Aug 2012, 1:27 am
Earlier posts here and here described how the record on appeal is complied and how important it is to make sure that the record is complete. Last week, the South Carolina Supreme Court drove the point home.
In Dutch Fork Development Group II v. SEL Properties, Op. No. 27139 (S.C. Sup.Ct. filed August 22, 2012)(Shearouse Ad.Sh. 29 at 16), the jury awarded $ 4 million against a manager of a limited liability company for tortiously interfering with his company’s contract with a third party.
On the… [read post]
9 Jan 2012, 9:00 pm
In just a few weeks, new rules of practice for ex parte appeals before the Board of Patent Appeals & Interferences (BPAI) become effective. The new rules introduce helpful simplifications relative to existing practice and provide for enhanced procedural monitoring to reduce unnecessary appeals. I sat in on the recent PLI One Hour Briefing entitled,"USPTO's New Rules of Practice for Ex-Parte Appeals: Change and Simplification for 2012? to become more acquainted with the procedural changes and… [read post]
28 Feb 2012, 5:59 pm
These proposed fees will undoubtedly be commented on, and the early criticism, which seems quite valid, asks how the addition of a single additional claim to be reviewed can add such large amounts to the cost. For example, if you file a petition for post-grant review and want 30 claims reviewed the fee will be $53,700. If you want 31 claims reviewed the fee will be $71,600, so that extra claim reviewed will cost you $17,900. Of course paying that $17,900 entitles you to bring challenges to 9… [read post]
2 May 2012, 4:25 am
The biggest myth about patent appeals is that that the examiner usually wins. The Patent Trial and Appeal Board (“Board”) posts that it reverses examiners only one out of every three decisions —33%. That number is accurate, and reflects the percentage of reversals among Board decisions. But another number is more helpful — 75%. That is the rough percentage of reversals among all appeals—not just Board decisions. The difference arises because not all appeals result in a Board decision.… [read post]