Appellate Practice

OJ Simpson is allowed to have one hand free as he argues for new armed robbery trial

In an effort to curtail the prison term he is serving for the armed robbery of sports memorabilia from a Las Vegas casino hotel, former football great O.J. Simpson is arguing for a new trial in a Nevada courtroom. His lead counsel, Yale Galanter, is being portrayed as cavalier about…

May 15, 2013 3:50 PM CDT

State’s top court to live-stream oral arguments in case over euthanasia of dog that killed toddler

The Nevada Supreme Court will hear oral arguments in July concerning a 120-pound dog that killed a toddler at a birthday party in 2012. The Rhodesian ridgeback mix, known as Onion, was surrendered by its owner to animal control authorities in Henderson after the death of Jeremiah Eskew-Skahan. However, animal…

May 14, 2013 7:42 PM CDT

Was well-known lawyer’s demand letter ‘extortion’? Appeals court to hear arguments on judge’s ruling

A well-known Southern California lawyer is famous for his menacing legal threats sent on behalf of celebrity clients. But attorney Martin D. “Marty” Singer crossed the line into making an “extortion” attempt in 2011 when he sent a demand letter to a client’s business partner, a state-court judge ruled after…

May 14, 2013 4:55 PM CDT

Cuffed client decks lawyer with ‘baseball bat fashion’ punch during death-penalty hearing

A handcuffed client decked his defense lawyer Monday in a Blair County, Pa., courtroom, in front of the judge who was hearing his post-conviction argument that he should not be sentenced to the death penalty. Andre Staton, 50, slammed the blow in a “baseball bat fashion” squarely in the forehead…

May 14, 2013 4:30 PM CDT

Few minorities and women argued Supreme Court cases this term

Debo Adegbile was the only African American lawyer to argue a case before the U.S. Supreme Court this term. The Associated Press took a look at the diversity of the lawyers in oral arguments since October and concluded the Supreme Court is more diverse than the lawyers who appear before…

May 14, 2013 1:27 PM CDT

Lawyers who didn’t notify insurance carrier of ‘nuisance case’ lose coverage appeal

Husband-and-wife West Virginia lawyers who practiced together in the same Charleston firm initially didn’t report to their insurance carrier what they subsequently described as a pro se “nuisance case” over a $290,000 check that the plaintiff said was wrongfully issued to one of the firm’s attorneys. But after the plaintiff,…

May 13, 2013 5:00 PM CDT

‘Nude but not lewd’ airport protester beat indecency rap but is still fighting $1K TSA fine

A tech worker who took it all off at the Portland, Ore., airport last year as a protest of security measures, was acquitted at trial later in 2012 by a Multnomah County judge of the indecent exposure charge that resulted. But the celebration after John E. Brennan’s criminal court victory…

May 10, 2013 10:15 PM CDT

Lawyer with little experience can’t withdraw at 11th hour from death-penalty defense, judge says

Gerald Bettman runs a two-attorney law office in Jacksonville, Fla. In addition to criminal defense, the lawyers also focus on divorce and personal injury matters. He has never represented a defendant sentenced to the death penalty during the flurry of appeals that precedes a scheduled execution once the death warrant…

May 9, 2013 6:00 PM CDT

Pro se homeowner wins rare federal stay of sale in foreclosure case

Representing herself in federal court without the help of a lawyer, a Colorado homeowner has won a rare ruling staying the auction sale of her home after she lost a state-court mortgage foreclosure case. U.S. District Judge William Martinez on Monday issued an order temporarily staying the sale of Lisa…

May 7, 2013 4:08 PM CDT

Can remote texter be liable if driver is distracted by message? Appeals court mulls novel theory

It’s common knowledge that texting and driving is a bad idea and, in a number of jurisdictions, illegal. New Jersey is one of them. But what about sending a text to someone you know is behind the wheel? In addition to moral responsibility, could there be any civil liability for…

May 6, 2013 10:32 PM CDT

With $1B fee unpaid, plaintiff lawyer who won $18B enviro case is now pro se against Chevron

Attorney Steven Donziger could earn $1 billion, his opposing counsel says, if an $18 billion foreign judgment against Chevron Corp. concerning environmental damage in Ecuador is upheld. Meanwhile, Donziger is unable to afford to pay his own counsel as Chevron continues with a bruising U.S. district court counterattack against the…

May 6, 2013 8:15 PM CDT

Lawyer who started on pro bono capital appeal as summer associate hopes to take it to top US court

When William Ernest Kuenzel got married to a social worker in 2008, attorney David Kochman was his best man. He’s also Kuenzel’s pro bono appellate counsel in a death-penalty case in which the attorney is asserting that his client is actually, factually innocent. Kochman, a 33-year-old commercial litigation associate at…

May 3, 2013 5:10 PM CDT

Unabomber lawyer Judy Clarke is appointed to represent Boston Marathon bombing suspect

At the request of Boston’s federal public defender, a judge has appointed Judy Clarke, a top death-penalty defense lawyer, to represent accused Boston Marathon bombing suspect Dzhokhar Tsarnaev, Bloomberg reports. Prosecutors haven’t said whether they will seek the death penalty in Tsarnaev’s case, but “in light of the circumstances in…

Apr 30, 2013 8:29 PM CDT

Millionaire who helped son, 16, get married has 180-day contempt term upheld by appeals court

A Florida appeals court on Wednesday upheld without comment a 180-day contempt term imposed on a millionaire for taking his then-16-year-old son to Las Vegas to get married to his housekeeper’s 18-year-old daughter. A Miami-Dade circuit judge had ordered Dan Rotta to take the troubled teen to a Utah boarding…

Apr 24, 2013 10:01 PM CDT

Appeals court OKs fine for lawyer who asserted SLAPP shield against tort case over demand letter

A California law that offers lawyers a shield against tort claims concerning their litigation activities has been limited by a California appeals court and might even be eliminated entirely by a federal appeals court. The state’s so-called anti-SLAPP statute is intended to offer an early exit for small parties targeted…

Apr 24, 2013 9:23 PM CDT