Oral Argument
Recent Argument at the Georgia Court of Appeals
I haven’t had an argument at the Georgia Court of Appeals in quite some time. It was good to be back. I won’t comment on the substance of a pending case before the Court. Instead, I’ll mention time management. My fifteen minutes went by quickly. And, as I tried to wrap up, there were additional…
Read MoreRecent Interviews and Argument
A few weeks ago, I argued DHS v. Steiner at the Georgia Supreme Court. The case involves a Constitutional challenge to Georgia’s child abuse registry. My former law student, new associate, and co-counsel Kayci Dennis and I filed the Brief of Appellee. She’s pictured to my left. And we combined our efforts with a set…
Read MoreJust Because Counsel Can Do an Appeal Doesn’t Mean that he Should
In episode #12 of First Mondays, Dan and Ian play cringe-worthy clips from the recent Supreme Court argument in Lee v. Tam, a case involving the disparagement provision of the Lanham Act and the First Amendment. There is a similar case in the pipeline involving the Washington Redskins. And counsel in that case argued that…
Read MoreTo Prepare For Court, First Prepare Your Opponent’s Argument
There is a psychological concept known as the curse of familiarity or the mere exposure effect. So the theory goes, we can develop a certain myopia with regard to things for which we have become intimately familiar and gathered expertise. This familiarity can make us see the world through that lens only. Then we lose sight…
Read MoreToday’s Oral Argument
Just a brief note that I will be at the Georgia Supreme Court today arguing Hemy Neuman v. Georgia. I hope that the public attention this case receives helps to educate the public about the work of our Supreme Court and the appellate process in general. The Court will stream the argument live at 2pm.…
Read MoreNew Procedure at the Court of Appeals
Today, I had my first oral argument at the Court of Appeal in perhaps two years. Argument is granted more frequently in civil cases than criminal ones at the Georgia Court of Appeals. So, most of my arguing is at the Supreme Court down the hall. The presiding judge began most of the cases with…
Read MoreWhat to Do When Litigating in “Foreign Lands”
Last week, I had a post-conviction motion in a county where I never practice. The motion is under advisement, so I won’t go into the particulars about it or what happened at the argument. I write today about the things I did before the hearing started and I plan to do those things even when…
Read MoreVideo Arraignments are a Step in the Right Direction
Above the Law has a good recent post on the use of video arraignments and how judges find that the process makes them feel safer. I don’t know whether video Arraignments make the process any safer or not. But the process certainly makes the process more efficient. In fact, many of the rituals of court…
Read MoreJudge Christopher McFadden Offers Advice on Requesting Oral Argument
How do you make the most compelling possible case for oral argument in the Georgia Court if Appeals? According to Judge Christopher McFadden, it is important to draft a self-contained request that summarizes the key issues in the case. It is important also to explain exactly how argument will assist the court under the unique…
Read MoreJudge Beverly Martin Provides Picture of the Perfect Oral Argument
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…
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