Criminal Appeals from the Federal Public Defender’s Perspective | Matthew Wright | Texas Appellate Law Podcast
Criminal Appeals from the DA’s Perspective | Andrew Warthen | Texas Appellate Law Podcast
Extraordinary Writs in Criminal Cases | Michael Falkenberg | Texas Appellate Law Podcast
Court of Appeals Reversals from a Criminal Perspective | Jim Huggler | Texas Appellate Law Podcast
From the Trial Bench to the Court of Criminal Appeals | Judge Bert Richardson | Texas Appellate Law Podcast
Stare Decisis and Advocacy in the Court of Criminal Appeals | Judge David Newell | Texas Appellate Law Podcast
Appellate Practice Perspectives: Criminal Defense | Naomi Howard | Texas Appellate Law Podcast
Civil lawyers love written notices of appeal. Have you ever heard a civil attorney say, “I wish I could orally notice an appeal”? Me neither. But the criminal trial bar overwhelmingly give oral notices of appeal in state...more
The North Carolina Court of Appeals entered the Bruen Second Amendment debate this week with its decision in State v. Radomski. First, a bit of background: In its landmark New York State Rifle & Pistol Ass’n, Inc. v. Bruen...more
MoFo recently assisted APPEAL, a UK charity and law practice dedicated to fighting miscarriages of justice, in helping to overturn Andrew Malkinson’s wrongful conviction for rape, for which he spent over 17 years in prison....more
If you need to appeal the outcome of a federal criminal case, you need to know that you are making informed decisions. Filing an appeal in the appropriate U.S. Circuit Court of Appeals is one of the last opportunities to...more
If you need to appeal the outcome of your federal criminal case, you have lots of factors to consider. While there are a variety of grounds for pursuing appeals, not all grounds are available in all cases; and, even if you...more
Getting convicted for a federal crime in district court is not a situation that defendants want to find themselves in. However, the conviction or the sentence that it leads to do not have to be the end of your case. You have...more
The right to criminal defense counsel is a cornerstone of our justice system. This is particularly true in federal courts, where the stakes in criminal trials are very high. One of the ways we meet this constitutional...more
In Texas, district attorneys’ offices appear as counsel in the courts of appeals more than almost any other litigant. Beyond simply appealing or defending appeals, district attorneys have unique responsibilities as...more
Most appellate practitioners deal with direct appeals from trial court rulings. But criminal practitioners know that direct appeals are only part of the process. At the Texas Court of Criminal Appeals, writ practice takes up...more
While trial and appellate practice are different in many ways, attorneys who understand each one are better at both. On the criminal side, Jim Huggler has managed to balance both a trial and appellate practice representing...more
People often don’t realize the many nuances involved in criminal appeals. Direct appeals are only part of the process. Later writ applications can raise various issues, including ineffective assistance of counsel. This week,...more
Unlike many states, Texas has separate high courts for civil and criminal cases. Criminal practitioners follow the Texas Court of Criminal Appeals closely because its decisions impact criminal law in every corner of the...more
While this podcast focuses primarily on civil appeals, criminal appellate practice takes up a significant portion of appellate court dockets. In this episode, Todd Smith and Jody Sanders explore criminal appellate work with...more
Our state appellate courts have long held that a timely notice of appeal is a jurisdictional requirement. See, e.g., State v. Patterson. (For an interesting discussion on this topic, see section 28.02[3] in Beth and Matt’s...more
On December 6, 2019, the Second Circuit (Calabresi, Pooler, Park) issued a published per curiam decision in United States v. Kosic (Nunez), concerning the defendant-appellant’s motion for in forma pauperis (“IFP”) status in...more
In United States v. Arrington, 17-4092-cr (October 18, 2019) (Lynch, Lohier, Judge Brian M. Cogan of the United States District Court for the Eastern District of New York, sitting by designation), the Second Circuit vacated...more
The Court of Appeal has refused to grant a company leave to appeal its conviction for conspiracy to corrupt, notwithstanding that the directors who constituted the company's directing mind were not present at the trial and...more
Does the statutory right to appellate review of a superior court’s final judgment under N.C. Gen. Stat. § 7A-27(b)(1) apply to a criminal appeal by the State? That is the central question a divided Supreme Court addressed a...more
Buried in a footnote in the February 7 opinion in a criminal appeal is a helpful reminder for all advocates in the Seventh Circuit, including those handling civil appeals. In United States v. Moody, No. 18-1837 (7th Cir. Feb....more
The appeal in United States v. Galanis, 17-629 (Sack, Parker, Chin) resulted in a limited remand in a summary order so that the district court can determine whether there was ineffective assistance of counsel. The facts of...more
The Massachusetts Supreme Judicial Court just heard oral arguments seeking to overturn a drug-possession conviction in the case of Commonwealth v. Quinton Williams. The Defense had appealed based on the judge’s dismissal of...more
On July 30, 2018, federal prosecutors moved to dismiss the sole remaining charge of securities fraud against former bond trader Jesse Litvak, ending a five-year criminal case during which Litvak was twice convicted after...more
On February 16, 2017, the Second Circuit (Leval, Calabresi, Carney) issued a summary order in United States v. Lopez, No. 16-1019, vacating and remanding for reconsideration the district court’s denial of the appellant’s...more
Franco Lupoi was sentenced to 156 months on money laundering conspiracy and heroin trafficking conspiracy charges, in excess of the applicable Guidelines range and the 135 month sentence requested by the government. In its...more
On January 31, 2017, the Court (Katzmann, Kearse, Livingston) issued a nonprecedential summary order vacating and remanding an order denying a motion for resentencing in United States v. Majors, No. 15-4022. The remand was...more