Appellate Practice

1917 ABA Journal Appellate Practice articles.

With latest appellate confirmation, Trump has appointed 200 federal judges
With the confirmation Wednesday of Cory Wilson to a federal appeals court, President Donald Trump has appointed 200 federal judges.
Top state court vacates order shutting down defiant barber’s shop during COVID-19 crisis
The Michigan Supreme Court vacated on Friday an appeals court decision ordering the shutdown of a barber shop that remained open despite state stay-at-home orders amid the COVID-19 crisis.
Appeals court tosses convictions in wake of Supreme Court ruling on jury verdicts
The Louisiana 4th Circuit Court of Appeal has overturned two manslaughter and molestation convictions in response to a recent U.S. Supreme Court ruling that nonunanimous jury verdicts are unconstitutional.
‘I forgot’ isn’t acceptable excuse for missing oral arguments, 2nd Circuit tells lawyer
A New York lawyer who failed to show up for oral arguments will have to pay his opponent’s attorney fees for the time that he wasted at the courthouse.
ABA rates DC Circuit nominee ‘well qualified’ after finding him ‘not qualified’ for trial bench
U.S. District Judge Justin Walker has a new and higher rating from the ABA as he appears before the Senate Judiciary Committee on Wednesday for a hearing on his nomination the U.S. Court of Appeals for the District of Columbia Circuit.
Afternoon Briefs: Justice Thomas speaks in SCOTUS teleconference arguments; courts want rule ideas

Few glitches and 1 surprise in SCOTUS teleconference arguments

U.S. Supreme Court Justice Clarence Thomas asked questions during the high court’s first teleconference arguments Monday, something he rarely does.…

SCOTUS will hear arguments by telephone conference in several cases because of COVID-19
The U.S. Supreme Court announced Monday that it will have oral arguments by telephone conference in May for several cases because of the novel coronavirus pandemic.
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.

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