Appellate Practice

1902 ABA Journal Appellate Practice articles.

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.
Sotomayor voices concerns in case stemming from court staffer’s suicide note about pro se appeals
A court staffer’s suicide note and the response by an appeals court in Louisiana led U.S. Supreme Court Justice Sonia Sotomayor to raise due process concerns in a statement Monday regarding cert denial in a prisoner’s case.
Missing date stamp on photo leads 7th Circuit to threaten sanctions for lawyer’s alleged misrepresentation
A federal appeals court has threatened to sanction an Indiana lawyer after his office left a date stamp off a photo in an appeal of his client’s slip-and-fall case against Walmart.
Appeals court sees lawyer’s reference to ‘attractive’ judge in brief as a ‘teachable moment’ on sexism
A California appeals court added a “note on civility, sexism and persuasive brief writing” to the end of an opinion to address what it described as a lawyer’s “highly inappropriate” description of a trial judge’s appearance and personal characteristics.
Afternoon Briefs: Sentence in killing of tax lawyer; SCOTUS lawyers get 2 uninterrupted minutes

Former city council member sentenced for killing his tax attorney

An 84-year-old former city council member in Cedar Lake, Indiana, was sentenced to 55 years in prison Thursday for killing…

Letter to Supreme Court from Senate Republicans promises to fight court expansion

The 53 Republicans in the Senate sent an unusual letter to the U.S. Supreme Court clerk on Thursday that criticizes five Democratic senators for filing an amicus brief that refers…

#AppellateTwitter lawyers chat, help one another and even develop business

AppellateTwitter has become a community for appellate lawyers looking for help, information or friendship. In recent months, lawyers have taken to #AppellateTwitter to seek help with the rules for amicus briefs in Minnesota state court, post orders of the Texas Supreme Court, discuss getting chastised by a judge, post employment opportunities and catch up with colleagues who have been too busy to post.

ICE can’t target immigration activist for policy criticisms, 2nd Circuit rules

A federal appeals court ruled Thursday that an immigration activist demonstrated that government officials targeted him for deportation after he criticized U.S. Immigration and Customs Enforcement and immigration policy.

In…

Public defenders ask to step down from Parkland shooting case
Two public defenders representing Nikolas Cruz—the suspect in the Parkland, Florida, school shooting that left 17 people dead and another 17 injured in 2018—unexpectedly requested to be removed from his case Wednesday.
Lawsuit over killing of Idaho gray wolves can proceed, 9th Circuit rules

A federal appeals court has reinstated a lawsuit challenging the U.S. Department of Agriculture’s Wildlife Services for killing gray wolves in mountainous parts of Idaho without updating the potential impact…

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Judge apologizes for 'deplorable' letters he wrote to college newspaper about gay people and AIDS
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Why you should insist on diversity in your law practice
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The court of public opinion: Why litigation PR is a critical component of a case
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