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Articles 1 - 28 of 28
Full-Text Articles in Law
The Right To Appeal In Comparative Perspective, Dražan Djukić
The Right To Appeal In Comparative Perspective, Dražan Djukić
The Journal of Appellate Practice and Process
Appellate procedures regarding the most serious crimes under domestic law are, in general, conducted differently in common law and civil law systems. This article reviews the differences concerning the primary facets of such proceedings, namely prosecutorial rights of appeal, access to appellate review, the scope of appellate review, the admission of additional evidence, appellate decisionmaking powers, and the functions of appellate review. It then explains that these differences result from dissimilar decisionmaking processes, degrees of adherence to the search for the truth, and sources of law.
“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney
“What Are My Chances On Appeal?” Comparing Full Appellate Decisions To Per Curiam Affirmances, Steven N. Gosney
The Journal of Appellate Practice and Process
No abstract provided.
When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry
When An Appeal Goes Wrong: A “Criminal Justice Nightmare”, David R. Dow, Jeffrey R. Newberry
The Journal of Appellate Practice and Process
No abstract provided.
When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey
When The United States Loses In A Criminal Case: The Government Appeal Process, Margaret D. Mcgaughey
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham
Appellate Review Of Unpreserved Questions In Criminal Cases: An Attempt To Define The Interest Of Justice, Larry Cunningham
The Journal of Appellate Practice and Process
No abstract provided.
Sweeping Down The Plain: A Modern Rule For Direct Review In Oklahoma Criminal Appeals, Bryan Lester Dupler
Sweeping Down The Plain: A Modern Rule For Direct Review In Oklahoma Criminal Appeals, Bryan Lester Dupler
The Journal of Appellate Practice and Process
No abstract provided.
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg
Nearing Thirty Years: The Burger Court, Strickland V. Washington, And The Parameters Of The Right To Counsel, Joshua Kastenberg
The Journal of Appellate Practice and Process
No abstract provided.
Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum
Sentence Appeals In England: Promoting Consistent Sentencing Through Robust Appellate Review, Briana Lynn Rosenbaum
The Journal of Appellate Practice and Process
No abstract provided.
Two Books, Ten Days, Nancy Bellhouse May
Two Books, Ten Days, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Slow Wheels Of Furman's Machinery Of Death, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
A Sober Second Thought, Andrew H. Schapiro
A Sober Second Thought, Andrew H. Schapiro
The Journal of Appellate Practice and Process
No abstract provided.
Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France, Mike Madden
The Journal of Appellate Practice and Process
No abstract provided.
Preface, Brent E. Newton
Preface, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
Representing Death-Sentence Appellants, Charles B. Blackmar
Representing Death-Sentence Appellants, Charles B. Blackmar
The Journal of Appellate Practice and Process
No abstract provided.
Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis
Intelligence Testing And Atkins: Considerations For Appellate Courts And Appellate Lawyers, Lajuana Davis
The Journal of Appellate Practice and Process
No abstract provided.
The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman
The Revised Aba Guidelines And The Duties Of Lawyers And Judges In Capital Post-Conviction Proceedings, Eric M. Freedman
The Journal of Appellate Practice and Process
No abstract provided.
Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel
Effective Performance Guarantees For Capital State Post-Conviction Counsel: Cutting The Gordian Knot, Andrew Hammel
The Journal of Appellate Practice and Process
No abstract provided.
I Couldn't Wait To Argue, Timothy Coates
I Couldn't Wait To Argue, Timothy Coates
The Journal of Appellate Practice and Process
No abstract provided.
Public Rights, Private Rites: Reliving Richmond Newspapers For My Father, Laurence H. Tribe
Public Rights, Private Rites: Reliving Richmond Newspapers For My Father, Laurence H. Tribe
The Journal of Appellate Practice and Process
No abstract provided.
Twice Grilled, J. Thomas Sullivan
Twice Grilled, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
An Argument For Reviving The Actual Futility Exception To The Supreme Court's Procedural Default Doctrine, Brent E. Newton
An Argument For Reviving The Actual Futility Exception To The Supreme Court's Procedural Default Doctrine, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
No-Merit Briefs Undermine The Adversary Process In Criminal Appeals, Randall L. Hodgkinson
No-Merit Briefs Undermine The Adversary Process In Criminal Appeals, Randall L. Hodgkinson
The Journal of Appellate Practice and Process
Appellate defense attorneys face a dilemma when faced with an appeal that has no obvious merit. No-merit briefs allow an attorney to forego an appeal when there is no apparent merit. In cases involving direct appeals from conviction, the cost of abandonment of the client far outweighs the benefits.
Make Way For The Aba: Smith V. Robbins Clears A Path For Anders Alternatives, James E. Duggan, Andrew W. Moeller
Make Way For The Aba: Smith V. Robbins Clears A Path For Anders Alternatives, James E. Duggan, Andrew W. Moeller
The Journal of Appellate Practice and Process
Indigents appealing criminal convictions are entitled to court-appointed counsel. The American Bar Association suggests a standard for providing the required representation. This standard is known as the Idaho Rule.
When Reasonable Jurists Could Disagree: The Fifth Circuit's Misapplication Of The Frivolousness Standard, Brent E. Newton
When Reasonable Jurists Could Disagree: The Fifth Circuit's Misapplication Of The Frivolousness Standard, Brent E. Newton
The Journal of Appellate Practice and Process
A criminal appeal that is deemed frivolous is summarily dismissed without further judicial consideration. The frequency of findings of frivolousness in the Fifth Circuit has caused concern among appellate practitioners and has even led to sanctions against practitioners. This article analyzes the Fifth Circuit’s frivolousness standard.
Newly Available, Not Newly Discovered, Penny J. White
Newly Available, Not Newly Discovered, Penny J. White
The Journal of Appellate Practice and Process
Advances in science have made it possible to discover new evidence. This newly discovered evidence is not always admissible as evidence. This essay suggests methods by which appellate courts may approach a balance between the rigid application of limitation periods in serious criminal cases and admitting evidence that proves innocence.
Expedited Review Of Capital Post-Conviction Claims: Idaho’S Flawed Process, Joan M. Fisher
Expedited Review Of Capital Post-Conviction Claims: Idaho’S Flawed Process, Joan M. Fisher
The Journal of Appellate Practice and Process
The Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) is a federal attempt to expedite litigation in capital cases. Many states adopted unitary appeal systems in response to the AEDPA. Unitary systems consolidate the direct appeal and state post-conviction process. In Idaho, Idaho Code § 19-4908 establishes special proceedings for capital cases including a forty-two day limitation to present any claims. This article makes a critical analysis of Idaho’s capital post-conviction procedure.
The Response To Brecheen V. Reynolds: Oklahoma’S System For Evaluating Extra-Record Constitutional Claims In Death Penalty Cased, Jeremy B. Lowrey
The Response To Brecheen V. Reynolds: Oklahoma’S System For Evaluating Extra-Record Constitutional Claims In Death Penalty Cased, Jeremy B. Lowrey
The Journal of Appellate Practice and Process
This article attempts to define the “abuse of discretion” standard of review. The article begins by distinguishing the three types of appellate review. It then focuses on review of discretion. Articles written by Professors Maurice Rosenburg, Robert C. Post, and Judge Henery J. Friendly are next analyzed in order to further evaluate judicial discretionary decisionmaking. Caselaw is next used to discuss how courts have attempted to define and apply the abuse of discretion standard. Primary cases considered include Chevron U.S.A. v. Natural Resources Defense Council, Pierce v. Underwood, Cooter & Gell v. Hartmarx Corp., and Koon v. United States. Finally, …
Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton
Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton
The Journal of Appellate Practice and Process
Federal Rule of Criminal Procedure 11 governs how a defendant must be counseled when pleading guilty or nolo contendre. Federal Courts of Appeals have held that violation of Rule 11 is harmless error. Since it is harmless error, the lower courts’ decisions are upheld. This article argues that the Federal Courts of Appeals have misapplied the harmless error standard when deciding Rule 11 issues.