Just got my 17,000 word brief under the required 11,000 words. #LawFedi #AppellateMastodon

Updated introduction. I'm a criminal defense lawyer from Salem and Boston, Massachusetts. I’ve argued cases from small local courts to SCOTUS. I post about criminal law, prisons, policing, climate change, and my dog.

Vegan since 1989. Drive an EV (a Bolt). Grew up a punk and metal kid, but listen widely esp funk and hip hop.

I try to boost Indigenous voices, not talk over them.

#Introduction #CriminalLaw #SalemMA #mapoli #prisons, #bail #appellateMastodon #appeals #vegan #punk #metal

I've just used the word "participle" in an appellate brief. This is either a huge loss or a flawless victory. #AppellateMastodon

The MA SJC issued an important opinion yesterday in Commonwealth v. Dew. A defense lawyer repeatedly posted racist and Islamophobic comments on Facebook, including from the courthouse and including comments about his clients. The Court held that this was an actual conflict of interest. Where there is an actual conflict of interest, the defendant need not show how it specifically affected his case.

[And as to that attorney, good riddance.]

#AppellateMastodon #law

https://www.mass.gov/files/documents/2023/06/15/e13356.pdf

NEW: For Washington lawyers, or anyone with an interest in appellate precedent, I've got a new piece out in the Wash. St. Bar News. I examine how appellate precedent is playing out in our state courts five years after our Supreme Court's rejection of horizontal stare decisis in the Court of Appeals: https://wabarnews.org/2023/06/12/when-precedent-lacks-power-make-the-judge-want-to-decide-in-your-favor/
#LawFedi #LegalWriting #AppellateFedi #AppellateMastodon #WSBA
When Precedent Lacks Power, Make the Judge Want to Decide in Your Favor - Washington State Bar News

A Write to Counsel column on how to create excellent digital presentations for legal professionals.

Washington State Bar News
If the Third Circuit wants to promote work/life balance the response should be to have liberal extension policies, not to shorten electronic filing deadlines from midnight to 5 pm. #AppellateMastodon https://press.coop/@Reuters/110306903507146634
Reuters :press: (@[email protected])

Attached: 1 image US appeals court halts midnight filings over lawyers' objections http://reut.rs/3LQEhYv #press

press.coop
April's appellate-jurisdiction roundup features manufactured finality, preservation via denied summary-judgment motions, the standards for (and scope of) class-certification appeals, a slew of new cert petitions, and much more.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/the-month-in-federal-appellate-jurisdiction-april-2023
The Month in Federal Appellate Jurisdiction: April 2023 - Final Decisions

Manufactured finality, preservation via denied summary-judgment motions, the standards for (and scope of) class-certification appeals, appealing after dismissals with leave to refile, a slew of new cert petitions, and much more.

Final Decisions

This is the kind of scholarship that I'm here for. The authors take the long-settled criminal legal concepts of felony murder and accomplice liability and expose them for what they are: racist in application and in conception. Quote follows. /1

#FelonyMurder #Criminology #AppellateMastodon @law

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4411658

The #6thCir appears to have extended Microsoft to manufactured appeals after interlocutory decisions that effectively resolve the case, shutting down a valuable tool for accelerating the inevitable end of district court proceedings.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/an-unfortunate-extension-of-microsoft
An Unfortunate Extension of Microsoft - Final Decisions

After an interlocutory order that appears to have precluded the plaintiff from prevailing, the plaintiff asked the district court to enter summary judgment against it. The Sixth Circuit held that this didn’t produce a final decision.

Final Decisions

March's appellate-jurisdiction roundup is up. It features a court's skipping appellate-jurisdiction issues to address subject-matter jurisdiction, party status for discovery appeals, appealing §1447(e) remands, and much more.
#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/the-month-in-federal-appellate-jurisdiction-march-2023

The Month in Federal Appellate Jurisdiction: March 2023 - Final Decisions

Skipping appellate-jurisdiction issues to address subject-matter jurisdiction, party status for discovery appeals, appealing § 1447(e) remands, arbitration appeals, and more.

Final Decisions