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Articles 1 - 15 of 15
Full-Text Articles in Criminal Procedure
“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.
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.
That Ain't Kosher, Robert Steinbuch, Brett Tolman
That Ain't Kosher, Robert Steinbuch, Brett Tolman
University of Arkansas at Little Rock Law Review
No abstract provided.
Lethal Discrimination, J. Thomas Sullivan
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.
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, …
An Overview Of The Law Of Jury Selection For Arkansas Criminal Trial Lawyers, J. Thomas Sullivan
An Overview Of The Law Of Jury Selection For Arkansas Criminal Trial Lawyers, J. Thomas Sullivan
University of Arkansas at Little Rock Law Review
No abstract provided.
Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa
Suspending Imposition And Execution Of Criminal Sentences: A Study Of Judicial And Legislative Confusion, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
Criminal Procedure—Supreme Court Defines Scope Of Automobile Exception To Fourth Amendment Warrant Requirement, Michael Schneider
Criminal Procedure—Supreme Court Defines Scope Of Automobile Exception To Fourth Amendment Warrant Requirement, Michael Schneider
University of Arkansas at Little Rock Law Review
No abstract provided.