Appellate Practice

1910 ABA Journal Appellate Practice articles.

Afternoon Briefs: Reform group backs cost metric in law school rankings; California suspends jury trials

US News’ ranking methodology is the cheese for law school rat race, report says

The U.S. News & World Report’s annual law school rankings rely on categories including law school…

Will Supreme Court decide some cases without oral arguments?
The U.S. Supreme Court has already delayed 11 oral arguments for its March sitting. Nine arguments are scheduled for April, and it’s possible the court will postpone those, too.
Convicted murderer eligible for parole after judge misapplies state law, court says
The Arizona Supreme Court said on Thursday a man sentenced to prison for life will be eligible for parole, despite a state law that eliminated the privilege in 1993.
Afternoon Briefs: DC Circuit blocks McGahn testimony; lawyer utters word rarely used at SCOTUS

DC Circuit tosses suit for McGahn congressional testimony

A federal appeals court has tossed a lawsuit seeking to compel congressional testimony from former White House counsel Don McGahn. The…

ABA brief criticizes trend in which courts fail to consider prevailing norms in ineffective assistance cases
The ABA has filed an amicus brief urging the U.S. Supreme Court to reaffirm that courts must look to “prevailing professional norms” when assessing lawyers’ performance in ineffective assistance cases.
Why did a Georgia city prohibit tattoos on Sundays?
These days, people from all walks of life get tattoos. But in Columbus, Georgia, it was illegal to give them on Sundays, until recently. No one knows for sure what led to the law, but some suspect that it was what’s known as a “blue law,” a term for state and municipal regulations that prohibits commerce on Sundays, when lawmakers thought people should be in church.
Federal judge should not have tossed case over late-filed document, 9th Circuit says
U.S. District Judge Manuel Real acted too harshly when he tossed a case because a document was filed a week past the deadline, according to the 9th U.S. Circuit Court of Appeals at San Francisco.
2nd Circuit scolds lawyers for apparent ‘lack of candor’ after client died
The New York-based 2nd U.S. Circuit Court of Appeals had little patience for two Rochester lawyers who filed a notice of appeal without informing the court that their client had died.
7th Circuit is aghast at ‘obduracy’ of Board of Immigration Appeals, which refused to implement its decision
The 7th U.S. Circuit Court of Appeals at Chicago didn’t mince words in a Jan. 23 opinion chastising the Board of Immigration Appeals for defying its remand order and concluding the appeals court had ruled incorrectly in the case.
Afternoon Briefs: Teen blogger denied murder case evidence; Aerosmith drummer loses comeback case

Judge denies 16-year-old aspiring lawyer’s request for murder evidence

A 16-year-old aspiring lawyer and true crime blogger lost a bid Thursday to access evidence in the Texas murder case that…

Federal appeals court approves diversion of military funds to border wall construction
The Trump administration can now tap $3.6 billion in military construction funds to build a wall along the U.S.-Mexico border, a federal appeals court ruled Wednesday.
7th Circuit sanctions lawyer $1,000 in Walmart lawsuit photo flap
An Indiana lawyer who used Walmart’s own photos to support his client’s slip-and-fall case against the retailer has been sanctioned $1,000 because he maintained the photos were taken on the date of the fall without a sufficient factual basis.
Appeals judge ‘lacked personal boundaries’ and ‘engaged in unwanted touching,’ ethics panel says
Jeffrey Johnson, a California appeals court justice, engaged in a pattern of misconduct toward women that included inappropriate remarks and unwanted touching, according to a panel of the state’s Commission on Judicial Performance.
Lawyer who allowed client to write appeals brief is sanctioned for ‘incoherent’ document
A federal appeals court has ordered an Aurora, Illinois, solo practitioner to pay attorney fees and double costs to his opponent for allowing his client to write and submit an “incoherent” appellate brief using his electronic signature.
Lawyer who reacted to judge’s question with incredulity is ousted from 2nd Circuit courtroom
A New York lawyer was ordered to leave a federal appellate courtroom Wednesday, just days after he was in the news for losing his bid to cancel a restaurant’s registered trade dress because it was demeaning to goats.

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