News & Analysis as of

Criminal Appeals

Fox Rothschild LLP

The Lights Are Still On: Oral Notices of Appeals in Criminal Cases

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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

Fox Rothschild LLP

North Carolina Court of Appeals Strikes Down Gun Law Under Bruen and Second Amendment

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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

Morrison & Foerster LLP - MoFo+

MOFO Assists UK Charity In Criminal Appeal To Overturn Wrongful Conviction And Life Sentence

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

Oberheiden P.C.

Ten Common Misconceptions About Federal Criminal Appeals

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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

Oberheiden P.C.

Ten Strategies for Criminal Appeals with Federal Appeals Attorney Nick Oberheiden

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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

Oberheiden P.C.

Hiring a Federal Appeals Lawyer? Five Things You Should Know Before You Get Started

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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

Butler Snow LLP

Criminal Appeals from the Federal Public Defender’s Perspective | Matthew Wright | Texas Appellate Law Podcast

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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

Butler Snow LLP

Criminal Appeals from the DA’s Perspective | Andrew Warthen | Texas Appellate Law Podcast

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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

Butler Snow LLP

Extraordinary Writs in Criminal Cases | Michael Falkenberg | Texas Appellate Law Podcast

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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

Butler Snow LLP

Court of Appeals Reversals from a Criminal Perspective | Jim Huggler | Texas Appellate Law Podcast

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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

Butler Snow LLP

From the Trial Bench to the Court of Criminal Appeals | Judge Bert Richardson | Texas Appellate Law Podcast

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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

Butler Snow LLP

Stare Decisis and Advocacy in the Court of Criminal Appeals | Judge David Newell | Texas Appellate Law Podcast

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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

Butler Snow LLP

Appellate Practice Perspectives: Criminal Defense | Naomi Howard | Texas Appellate Law Podcast

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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

Fox Rothschild LLP

Fourth Circuit Rejects Equitable Defenses To Untimely Notice Of Appeal

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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

Patterson Belknap Webb & Tyler LLP

Court Holds Defendants Entitled to In Forma Pauperis Status on Appeal Regardless of Merits

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

Patterson Belknap Webb & Tyler LLP

Waivable Conflict Not Validly Waived, Leads To Remand for New Trial

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

A&O Shearman

Fair corporate criminal liability trial despite absence of company’s directing mind

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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

Fox Rothschild LLP

Appeal Expunged: State Lacks Statutory Right To Appellate Review Of Expungement Order

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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

Foley & Lardner LLP

Appellate Briefs Are Not the Place to Incorporate Material from Someplace Else by Reference

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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

Patterson Belknap Webb & Tyler LLP

Galanis Appeal Leads To Limited Remand To Determine Whether Counsel Was Ineffective

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

Holland & Hart - Your Trial Message

Distinguish Between Bias and Belief

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

A&O Shearman

United States Moves To Dismiss Sole Remaining Charge In Long-Running Securities Fraud Case

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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

Patterson Belknap Webb & Tyler LLP

In Summary Order, Second Circuit Provides Guidance to Courts Deciding Motions for Sentence Reductions

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

Patterson Belknap Webb & Tyler LLP

In Summary Order, Court Vacates Above-Guidelines Sentence for Lack of Justification, But Denies Request to Remand to Different...

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

Patterson Belknap Webb & Tyler LLP

In Summary Order, Court Vacates Denial of Resentencing Motion, Citing Ambiguities in the Sentencing Record

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

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