It is now the talk of the appellate bar nationwide. Bryan Garner has recently released transcripts of his interviews with 8 United States Supreme Court Justices. If you plan on doing any legal writing (whether it’s before the SCOTUS, another appellate court, or any where else), you need to download the interviews, available at The Scribes […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2011-05-24 14:32:572011-05-24 14:32:57Bryan Garner’s SCOTUS Interviews Now Available in Print
Judge Beverly Martin of the 11th Circuit Court of Appeals spoke to the Georgia Bar’s Appellate Practice Section yesterday on the subject of “What Makes an Effective Appellate Advocate.” More specifically, her focus was on effective oral argument. I’ve heard many talks on this topic, and I read about it all the time. I even write […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2011-05-04 15:14:182011-05-04 15:14:18Judge Beverly Martin Provides Picture of the Perfect Oral Argument
Caroline Vodzak reports at Vodzaklegal that the Third Circuit has found that mere spatial proximity of guns to drugs is not sufficient to enhance a defendant’s sentence of drug possession without a specific finding of fact that the gun “facilitated or had the potential for facilitating the possession of drugs.” Mr. West was caught in […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2011-05-02 10:23:082011-05-02 10:23:08Third Circuit: Mere Physical Proximity of Guns to Drugs Not Enough for Sentencing Enhancement
Here are some reasons why this development is good. Regularity Less Vagueness (bent of mind, course of conduct, res gestae) A modern evidence code that fits the kinds of evidence lawyers seek to admit A playing field that, for a brief time, will reward the prepared (and that’s generally the defense) As Professor Miller noted, […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2011-04-30 10:30:102011-04-30 10:30:10Georgia’s New Evidence Code: How & Why We Changed
I’ve been following this case closely because the Georgia Association of Criminal Defense Lawyers submitted an amicus brief on behalf of the Appellant. In a nutshell, the trial court disqualified the former DeKalb School Superintendant’s law firm where there actually was no conflic; rather, there was the speculative potential for a conflict where the clients […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2011-04-27 22:55:172011-04-27 22:55:17Excellent Oral Argument on Lawyer Disqualification
I’ve watched with interest the news regarding former Solicitor General Paul Clement’s resignation from King & Spalding, after the firm moved to withdraw from its representation of House Republicans in defense of the federal statute that prohibits same sex marriage. Every criminal defense lawyer should learn as much as possible about this story and save […]
As I’ve mentioned before, I make many prison visits. It’s part of the job in Georgia appellate practice. All the appellate courts, the parole board, and most of the counties where convictions originate are in or near Atlanta. And most of the prisons are south of Macon. I’ve learned some things over time about how […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2011-04-25 12:13:522011-04-25 12:13:52Making the Most of Your Georgia Prison Visit
Appellate writers face some of the same challenges that novelists and other artists face. Those things include procrastination, anxiety, self-defeating thoughts, and even alcoholism and other types of drug abuse. A brief is a peculiar type of artistic endeavor, and such things are tough. To make things worse, if you represent the appellant, the finder […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2011-04-24 21:49:512011-04-24 21:49:51Read Steven Pressfield’s New Book if You Want to Write Better Briefs
Ben Kerschberg, wrote yesterday about his experience as a paralegal in the mid-90s in the appellate litigation section of Sidley Austin. More particularly, he wrote about the process of getting briefs ready to file in the United States Supreme Court in the pre-pdf era. True, the technology has now developed to the extent that it […]
Some weeks back I wrote about whether lawyers should write for the screen or for the page in the era of e-filing (you can e-file in the Georgia Supreme Court and Court of Appeals now). It turns out that there is a way to hedge your bets, at least in terms of font selection. Kendall […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2011-04-22 08:14:442011-04-22 08:14:44Choosing Fonts for E-filing to Cater to Screen or Page
Bryan Garner’s SCOTUS Interviews Now Available in Print
/by J. Scott KeyIt is now the talk of the appellate bar nationwide. Bryan Garner has recently released transcripts of his interviews with 8 United States Supreme Court Justices. If you plan on doing any legal writing (whether it’s before the SCOTUS, another appellate court, or any where else), you need to download the interviews, available at The Scribes […]
Judge Beverly Martin Provides Picture of the Perfect Oral Argument
/by J. Scott KeyJudge Beverly Martin of the 11th Circuit Court of Appeals spoke to the Georgia Bar’s Appellate Practice Section yesterday on the subject of “What Makes an Effective Appellate Advocate.” More specifically, her focus was on effective oral argument. I’ve heard many talks on this topic, and I read about it all the time. I even write […]
Third Circuit: Mere Physical Proximity of Guns to Drugs Not Enough for Sentencing Enhancement
/by J. Scott KeyCaroline Vodzak reports at Vodzaklegal that the Third Circuit has found that mere spatial proximity of guns to drugs is not sufficient to enhance a defendant’s sentence of drug possession without a specific finding of fact that the gun “facilitated or had the potential for facilitating the possession of drugs.” Mr. West was caught in […]
Georgia’s New Evidence Code: How & Why We Changed
/by J. Scott KeyHere are some reasons why this development is good. Regularity Less Vagueness (bent of mind, course of conduct, res gestae) A modern evidence code that fits the kinds of evidence lawyers seek to admit A playing field that, for a brief time, will reward the prepared (and that’s generally the defense) As Professor Miller noted, […]
Excellent Oral Argument on Lawyer Disqualification
/by J. Scott KeyI’ve been following this case closely because the Georgia Association of Criminal Defense Lawyers submitted an amicus brief on behalf of the Appellant. In a nutshell, the trial court disqualified the former DeKalb School Superintendant’s law firm where there actually was no conflic; rather, there was the speculative potential for a conflict where the clients […]
How Can You Defend These People?
/by J. Scott KeyI’ve watched with interest the news regarding former Solicitor General Paul Clement’s resignation from King & Spalding, after the firm moved to withdraw from its representation of House Republicans in defense of the federal statute that prohibits same sex marriage. Every criminal defense lawyer should learn as much as possible about this story and save […]
Making the Most of Your Georgia Prison Visit
/by J. Scott KeyAs I’ve mentioned before, I make many prison visits. It’s part of the job in Georgia appellate practice. All the appellate courts, the parole board, and most of the counties where convictions originate are in or near Atlanta. And most of the prisons are south of Macon. I’ve learned some things over time about how […]
Read Steven Pressfield’s New Book if You Want to Write Better Briefs
/by J. Scott KeyAppellate writers face some of the same challenges that novelists and other artists face. Those things include procrastination, anxiety, self-defeating thoughts, and even alcoholism and other types of drug abuse. A brief is a peculiar type of artistic endeavor, and such things are tough. To make things worse, if you represent the appellant, the finder […]
The Changing Craft of the Appellate Brief
/by J. Scott KeyBen Kerschberg, wrote yesterday about his experience as a paralegal in the mid-90s in the appellate litigation section of Sidley Austin. More particularly, he wrote about the process of getting briefs ready to file in the United States Supreme Court in the pre-pdf era. True, the technology has now developed to the extent that it […]
Choosing Fonts for E-filing to Cater to Screen or Page
/by J. Scott KeySome weeks back I wrote about whether lawyers should write for the screen or for the page in the era of e-filing (you can e-file in the Georgia Supreme Court and Court of Appeals now). It turns out that there is a way to hedge your bets, at least in terms of font selection. Kendall […]