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Articles 1 - 23 of 23
Full-Text Articles in Law
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.
The First Amendment And The Police In The Digital Age, Kermit V. Lipez
The First Amendment And The Police In The Digital Age, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
Public Defenders And Appointed Counsel In Criminal Appeals: The Iowa Experience, Tyler J. Buller
Public Defenders And Appointed Counsel In Criminal Appeals: The Iowa Experience, Tyler J. Buller
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.
The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson
The Folly - And Faith - Of Furman, John H. Blume, Sheri Lynn Johnson
The Journal of Appellate Practice and Process
No abstract provided.
The Abyss Of Racism, J. Thomas Sullivan
The Abyss Of Racism, J. Thomas Sullivan
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.
A Rarefied Kind Of Dread, David I. Bruck
A Rarefied Kind Of Dread, David I. Bruck
The Journal of Appellate Practice and Process
No abstract provided.
Tilting At Windmills, Andrew L. Frey
Tilting At Windmills, Andrew L. Frey
The Journal of Appellate Practice and Process
No abstract provided.
Document Destruction After Arthur Andersen: Is It Still Housekeeping Or Is It A Crime, Steven Lubet
Document Destruction After Arthur Andersen: Is It Still Housekeeping Or Is It A Crime, Steven Lubet
The Journal of Appellate Practice and Process
No abstract provided.
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant
The Journal of Appellate Practice and Process
The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are international tribunals that are developing and remaking much of international humanitarian law. The courts double as trial and appellate courts. Each court has jurisdiction over events that occurred in a specific area during a specific time period. The courts have an unusual appellate structure. These unique Appellate Chambers review important trial decisions that deal with genocide, crimes against humanity, and war crimes.
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.