Appellate Practice

1947 ABA Journal Appellate Practice articles.

After Chauvin’s conviction on all counts, what will his appeal look like?
An appeal is “a virtual certainty” following the conviction Tuesday of fired Minneapolis police officer Derek Chauvin for killing George Floyd with a knee to his neck, according to USA Today.
Afternoon Briefs: 2 firms give special bonuses; immigrant leaves church sanctuary for first time in 3 years

Paul Hastings, Sheppard Mullin provide special bonuses to staff and paralegals

As many large firms continue to reward young lawyers for their work in the past year, Paul Hastings and…

Threats of sham lawsuit against well-known singer constitute a crime, 9th Circuit says
Threats of baseless litigation can amount to extortion under the Hobbs Act, the 9th U.S. Circuit Court of Appeals at San Francisco ruled Tuesday.
Texas court tosses sentence of state’s longest-serving death row inmate
The Texas Court of Criminal Appeals has overturned the sentence of the state’s longest-serving death row inmate.
In rare move, full 6th Circuit will hear initial arguments in abortion case; dissent blasts ‘procedural hopscotch’
In an unusual move, the full 6th U.S. Circuit Court of Appeals at Cincinnati will consider the constitutionality of a Tennessee abortion law without an initial ruling by a three-judge panel.
Amy Breihan has dedicated her career to helping juvenile lifers seek parole

It’s been nearly nine years since the U.S. Supreme Court ruled in Miller v. Alabama that mandatory life without parole for juveniles violates the Eighth Amendment. It’s been five years since it held in Montgomery v. Louisiana that its 2012 decision was retroactive. In that time, Amy Breihan has helped seek second chances for prisoners in Missouri who were younger than age 18 when they were sentenced to life behind bars.

The pandemic has not slowed down Howard Bashman of How Appealing

Howard Bashman of How Appealing discusses blogging during COVID-19 and how appellate work in Pennsylvania has changed in the pandemic.

Afternoon Briefs: State supreme court limits use of bail; prosecutors in this state may face stricter discipline

California judges must consider defendant’s ability to pay when setting bail, ruling says

The California Supreme Court ruled Thursday that it is unconstitutional to keep criminal defendants behind bars simply…

Voluntarily intoxicated rape victims aren’t ‘mentally incapacitated,’ top state court rules
Victims who willingly consume alcohol or drugs before they are sexually assaulted aren’t “mentally incapacitated,” the Minnesota Supreme Court ruled Wednesday.
Secret camera recordings can be used against nanny at trial, state supreme court says
A divided Pennsylvania Supreme Court ruled Thursday that secretly recorded audio can be used against a nanny accused of assaulting three young children.
3rd Circuit calls out lawyer for ‘copy-and-paste’ appeal, orders him to pay attorney fees
A federal appeals court has ordered a Pennsylvania lawyer to pay his opponents’ appellate legal fees for filing a “frivolous” appeal and submitting a brief “that was essentially a copy of the one he filed in the district court.”
Don’t use this typeface if you want to please the DC Circuit
Brief writers take note: The U.S. Court of Appeals for the District of Columbia Circuit doesn’t like the Garamond typeface.
Justice Thomas goes rogue on the Bluebook with ‘cleaned up’ citation—to the delight of appellate lawyers
U.S. Supreme Court Justice Clarence Thomas went rogue on the Bluebook when he embraced an appellate lawyer’s suggestion for dealing with “citation baggage” that comes with some quoted material.
Afternoon Briefs: Judge orders negotiation on ‘race-norming’ claim in NFL case; judiciary considers amicus disclosure

Judge tosses challenge to ‘race-norming’ in dementia tests

U.S. District Judge Anita Brody of the Eastern District of Pennsylvania has dismissed a lawsuit challenging “race-norming” in dementia tests used to…

6th Circuit judges trade barbs over references to Marshall Project, Grateful Dead in compassionate release request
Appeals judges ruling on a federal prisoner’s compassionate release request agreed that it should be denied but disagreed over sourcing in a dispute played out in a concurring opinion and a footnote.

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