Module # 3 Lecture<br />Appellate Procedure<br />
Overview<br />Notice of Appeal<br />Filings<br />Briefs of the Parties<br />Trial Court Record<br />Amicus Curiae Briefs<b...
Hypothetical<br />Denise was charge with drug possession in King County Superior Court<br />Prior to trial Denise sought t...
Notice of Appeal<br />Denise is called the Petitioner or the Appellant<br />The State is called the Respondent or the Appe...
Court of Appeals<br />Mandatory Appeals<br />In all case the losing party has the right to one appeal<br />The Court of Ap...
Filing of Briefs<br />After the Notice of Appeal has been filed<br />Parties file Appellate Brief with the Court of Appeal...
Appellate Brief<br />MOST IMPORTANT part of any Appeal<br />Appeals are often won and lost “on the briefs”<br />DO NOT con...
Appellate Brief Structure<br />Title Page:<br />Identifies the Parties, Petitioner, Respondent, Appellate Court, and docke...
Appellate Brief Structure<br />Assignment of Errors<br />Errors: tells court where the lower court error<br />ISSUES: <br ...
Appellate Brief Structure<br />Argument  Section<br />Sections: one section of each ISSUE<br />Identifies and discusses re...
Oral Argument<br />Intermediate Court: three (3) Judges<br />Only Lawyers make arguments<br />No witnesses<br />No NEW evi...
Oral Argument<br />Procedure<br />Petitioner<br />Respondent<br />Petitioner reserves time for rebuttal<br />Each side, ge...
Decision<br />Judges will “conference” after a case has been argued<br />Will vote: Affirm or Reverse<br />Can be Unanimou...
Appeal of Appellate Court Decision<br />Losing party can appeal<br />Highest Court: i.e. State Supreme Court<br />Both WA ...
Review of State Supreme Court Decision<br />Appeal to the Supreme Court of the United States (SCOTUS)<br />Must involve a ...
Lecture Review<br />Must file NOTICE OF APPEAL in the TRIAL COURT<br />Documents submitted to Appellate Court<br />Appella...
Lecture Review<br />Oral Argument Procedure<br />Petitioner<br />Respondent<br />Petitioner’s reserve time<br />Conference...
Lecture Review<br />Appeal to the State Supreme Court<br />Discretionary review<br />Appeal to the Supreme Court of the Un...
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Module # 3 Lecture

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Module # 3 Lecture

  1. 1. Module # 3 Lecture<br />Appellate Procedure<br />
  2. 2. Overview<br />Notice of Appeal<br />Filings<br />Briefs of the Parties<br />Trial Court Record<br />Amicus Curiae Briefs<br />Oral Argument<br />Decision<br />Appeal of Appellate Court Decision<br />State Supreme Court<br />United States Supreme Court<br />
  3. 3. Hypothetical<br />Denise was charge with drug possession in King County Superior Court<br />Prior to trial Denise sought to have the drugs she was arrested for possessing suppressed because of an illegal search and seizure by the Police<br />Denise’s motion in limine was denied.<br />At trial Denise properly objected to the drugs being admitted on the “record”<br />Denise was convicted<br />Denise now appeals her conviction under the Fourth Amendment of the U.S. Constitution and Article I, sec 7 of the Washington Constitution. <br />
  4. 4. Notice of Appeal<br />Denise is called the Petitioner or the Appellant<br />The State is called the Respondent or the Appellee <br />Denise MUST file a NOTICE OF APPEAL with the TRIAL court where she was convicted.<br />It is improper to file directly to the Intermediate Court of Appeals<br />The Notice of Appeal is then forwarded to the proper Appellate Court<br />In this case Division 1 of the Washington Court of Appeals.<br />
  5. 5. Court of Appeals<br />Mandatory Appeals<br />In all case the losing party has the right to one appeal<br />The Court of Appeals must at least review the briefs and make a decision<br />The Court of Appeals cannot deny Denise’s appeal<br />Indigent Defendants<br />If a defendant had appointed counsel at trial, they have the right to appointed counsel on his or her initial appeal to the Intermediate Court of Appeals.<br />
  6. 6. Filing of Briefs<br />After the Notice of Appeal has been filed<br />Parties file Appellate Brief with the Court of Appeals<br />See sample on course website<br />Also must submit the Trial Court Record<br />This is the transcript of the trial, including all pretrial motions hearings<br />Costs<br />Petitioner must pay for the Trial Court Record to be “prepared.”<br />If Indigent, may file a motion seeking a “waiver” of the cost<br />
  7. 7. Appellate Brief<br />MOST IMPORTANT part of any Appeal<br />Appeals are often won and lost “on the briefs”<br />DO NOT confuse with a CASE BRIEF<br />It is a legal document in which the Petitioner argues why the Trial court got it wrong<br />Conversely defendant argues why the trial court got it correct<br />An Appellate Brief describes:<br />ISSUE(S): highlights a problem or problem with the lower court decision<br />Highlights relevant case law<br />Applies the facts of the case, supported by the record, to the relevant case law<br />
  8. 8. Appellate Brief Structure<br />Title Page:<br />Identifies the Parties, Petitioner, Respondent, Appellate Court, and docket number<br />Table of Contents<br />Table of Authorities<br />Constitutional provisions<br />Statutes<br />Case law<br />
  9. 9. Appellate Brief Structure<br />Assignment of Errors<br />Errors: tells court where the lower court error<br />ISSUES: <br />Formed as question asking whether under a particular law/constitutional provision the law court erred<br />Written in a manner suggesting that there was or was not error <br />Statement of the Case<br />Details the case’s procedural history<br />Lists the facts of the case as contained in the Record<br />Summary of Argument <br />Synopsis of party case in regard to the controlling law<br />
  10. 10. Appellate Brief Structure<br />Argument Section<br />Sections: one section of each ISSUE<br />Identifies and discusses relevant law<br />Constitution, Statute, Case Law, Rules<br />Analyzes the facts of the case against the relevant law<br />State’s a conclusion in support of a party’s position<br />
  11. 11. Oral Argument<br />Intermediate Court: three (3) Judges<br />Only Lawyers make arguments<br />No witnesses<br />No NEW evidence<br />Essentially a discussion between the Parties and the Judges about the case<br />
  12. 12. Oral Argument<br />Procedure<br />Petitioner<br />Respondent<br />Petitioner reserves time for rebuttal<br />Each side, generally, has 10-30 minutes to make their case<br />Judges may interrupt lawyers and ask questions<br />Generally, does not change a Judges position, but on occasion and effective oral argument can “sway” the court<br />
  13. 13. Decision<br />Judges will “conference” after a case has been argued<br />Will vote: Affirm or Reverse<br />Can be Unanimous (3-0) or Split (2-1)<br />Write a decision: Published or Unpublished<br />Majority<br />Dissent<br />Decision: applied law to facts and decides which party wins; make create new law depending on the circumstances<br />See sample State v. Young on website<br />
  14. 14. Appeal of Appellate Court Decision<br />Losing party can appeal<br />Highest Court: i.e. State Supreme Court<br />Both WA has 9 Justices<br />Justices must agree to hear a case<br />Discretionary Appeal: court can decide whether to “hear” the case; can deny<br />Same procedure as below<br />Briefs<br />Oral Argument <br />Decision: ALL decisions are published<br />
  15. 15. Review of State Supreme Court Decision<br />Appeal to the Supreme Court of the United States (SCOTUS)<br />Must involve a Federal “Case or Controversy”<br />Writ of Certiorari: order to lower court to send case for review<br />Requires 4 justices to agree to hear the case<br />Procedure essentially the same as below<br />SCOTUS decisions are FINAL and cannot be appealed<br />
  16. 16. Lecture Review<br />Must file NOTICE OF APPEAL in the TRIAL COURT<br />Documents submitted to Appellate Court<br />Appellate Brief<br />Trial Record<br />Appellate Brief’s importance<br />Most important part of every appeal<br />Persuasive document advocating for a party’s position<br />Review sample document on website<br />
  17. 17. Lecture Review<br />Oral Argument Procedure<br />Petitioner<br />Respondent<br />Petitioner’s reserve time<br />Conference<br />Vote on case’s outcome<br />Majority and Dissenting Opinion<br />Decision<br />Written discussion of case’s outcome<br />
  18. 18. Lecture Review<br />Appeal to the State Supreme Court<br />Discretionary review<br />Appeal to the Supreme Court of the United States<br />Case or Controversy<br />Four Justices must agree to hear the case<br />Writ of Certiorari <br />SCOTUS decision CANNOT be appealed<br />

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