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Module # 3 Lecture
 

Module # 3 Lecture

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    Module # 3 Lecture Module # 3 Lecture Presentation Transcript

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