Law Commons^™

The Art Of Appellate Advocacy, Jason L. Honigman

Michigan Law Review

Rules of practice and procedure provide technical information in regard to perfecting appeals, but they do not explain how to win an appeal any more than how to win a trial. Advocacy is not an exact science; the skills which contribute to effective advocacy, whether in a trial or on appeal, have long been recognized as an art. We shall here deal with these skills at the appellate level, bearing in mind, of course, the limitations of formulating rules or precepts that can adequately instruct in any art.

There is no single, prescribed method for writing a play or painting …

Federal Procedure-Appellate Practice-"Excusable Neglect" In Failing To Perfect Criminal Appeal Provides No Ground For Collateral Review Of Conviction, H. C. Snyder Jr.

Michigan Law Review

After the ten-day period for filing a notice of appeal from a federal criminal conviction had expired, defendant filed a motion under section 2255 of the Judicial Code to set aside his sentence under a conviction for armed robbery. The motion was based on the improper admission of a confession given during an allegedly unlawful detention. The district court denied the motion on the ground that the error asserted did not amount to a denial of a constitutional right and that only constitutional defects are subject to attack after the time for an appeal has expired. The District of Columbia …

Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider

Michigan Law Review

A Review of The Common Law Tradition- Deciding Appeals. By Karl N. Llewellyn.

Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.

Michigan Law Review

Plaintiff was convicted of robbery in a federal district court and, although represented by counsel, failed to appeal within the statutory ten-day period. Three months later he filed a motion in the same court under section 2255 of the judicial code to vacate the sentence on the ground that the conviction, because it was based on a coerced confession, was unconstitutionally obtained without due process of law. The motion was denied and the denial affirmed, in the absence of any attempt to excuse the failure to appeal. On reargument, plaintiff attempted to excuse his failure to appeal by alleging that …

Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.

Michigan Law Review

The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.

Constitutional Law - Due Process - Dismissal Of Appeal As Exercise Of Contempt Power, Morton A. Polster S.Ed.

Michigan Law Review

A superior court of the state of Washington rendered a $475,000 judgment against the petitioner union for the circulation of a libelous letter. The union filed an appeal to the Washington Supreme Court but obtained no stay of proceedings in the lower court because it made no offer of the required supersedeas bond. In a supplemental proceeding it was learned that the union had no substantial assets in Washington but did have $298,000 of United States bonds in its possession in California. The Superior Court ordered the union to deliver these bonds to the court's receiver to protect the judgment …

The Privy Council And Private Law In The Tudor And Stuart Period: Ii, John P. Dawson

Michigan Law Review

In a previous instalment an attempt was made to describe the main subjects of private litigation dealt with by the English Privy Council under the Tudors and early Stuarts. It was suggested that the subjects were most heterogeneous and that the total volume of such litigation was large. In the present instalment will be discussed, first, the methods used to reduce the volume of private litigation by direct and indirect means; then the powers of coercion possessed by the Privy Council; and finally, its relations to the ordinary courts.

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.