Appellate Practice Law Blog

Unthinkable

Wednesday, April 11, 2012 by Stephen E. Palmer

This one is not about law. It’s not about politics. It’s not about anything funny, trite, or clich�. This is a simple note to remember an old friend.

Certain things are unthinkable. The deaths of Sgt. 1st Class Shawn Hannon and his two fellow soldiers (Capt. Nicholas J. Rozanski and Sgt. 1st Class Jeffrey J. Rieck) are one of those unthinkable things.

Shawn worked with us here at Yavitch & Palmer for more years than I can remember. We... Read More

Posted at 09:19 AM | PERMALINK

Topic: Appellate Practice

SUPREME COURT TO CLARIFY CHILD SUPPORT RULES; WATCH THE ORAL ARGUMENT

Saturday, March 31, 2012 by Paul L. Feinstein

SUPREME COURT TO CLARIFY CHILD SUPPORT RULES; WATCH THE ORAL ARGUMENT

I recently argued an important child support appeal in the Supreme Court of Illinois. The case concerns whether savings spent by the non-custodial parent, constitutes net income for the purposes of determining a child support obligation. The trial court had ruled that spending was income. I... Read More

Posted at 19:49 PM | PERMALINK

Topic: Appellate Practice

I won, but my victorious decision is now being appealed. Does New York Appellate practice require that I respond?

Thursday, February 23, 2012 by Naved Amed

Although it is possible to emerge
victorious even if a respondent does nothing, it is an extremely�

More...

Posted at 15:24 PM | PERMALINK

Topic: Appellate Practice

Does the doctrine of Collateral Estoppel apply to Juvenile Dependency cases to bar a later civil rights claim?

Tuesday, February 21, 2012 by Shawn A. McMillan

This is the question presently before Division One of the Fourth District Court of Appeal in one of our cases. Its a pretty cutting edge issue, and there is no law directly on point. I have included excerpts of our brief below. We'll keep you posted on how things go. Either way, win or lose, I think this question may go all the way to the U.S. Supreme Court. At least that is our plan.

Police removed appellant Johnneisha Kemper’s newborn baby from her... Read More

Posted at 01:08 AM | PERMALINK

Topic: Appellate Practice

DON'T APPEAL A FAMILY LAW CASE WITHOUT AN APPELLATE LAWYER

Wednesday, January 11, 2012 by Paul L. Feinstein

I recently won a custody appeal in the First Appellate District of Illinois which contains lessons for the unwary. The case is In re Custody of B.M.M. (petition for rehearing denied) The official citation is 2011 IL App (1st) 111666-U. It was issued November 17, 2011

In this case I represented the father on appeal. A different lawyer actually tried the case. The father’s trial... Read More

Posted at 18:57 PM | PERMALINK

Topic: Appellate Practice

Arizona Day of Prayer Lawsuit

Tuesday, December 20, 2011 by Marc J. Victor

http://www.kpho.com/story/16309180/judge-dismisses-lawsuit-on-arizona-day-of-pra yer

There is a disturbing trend developing in First Amendment
jurisprudence; especially in the area of church and state separation.
Notwithstanding the fact that... Read More

Posted at 12:41 PM | PERMALINK

Topic: Appellate Practice

Electronic Filing of Appeals in the Appellate Courts

Thursday, December 8, 2011 by Warren S. Hecht

Electronic filing has made its way to the appellate courts. This has been the most significant change in appellate practice in the 25 years that I have been practicing. It is only a matter of time that most, if not all appellate courts, state or federal will require electronic filing. There are advantages to electronic filing: it is eco-friendly, saves costs on printing and binding, the public has easy access to the brief and... Read More

Posted at 09:05 AM | PERMALINK

Topic: Appellate Practice

Support Our Military Service Men and Women and Their Families

Friday, November 18, 2011 by Jeffrey M. Heller

Every U.S. resident should get involved in something that supports our military members and their families.... Read More

Posted at 21:22 PM | PERMALINK

Topic: Appellate Practice

David Allen - US Supreme Court to Decide GPS Case

Wednesday, October 19, 2011 by David Allen

Attorney David Allen examines a case going to the US Supreme Court. The court will decide a case with a basic fact pattern shared with other cases. The question the courts previously decided was whether use of a GPS tracking device by police violated the fourth amendment. Some courts decided use of a GPS tracking device did . Other courts decided it did not. They reasoned that tracking a car was similar to simply watching where a car went . Since these very similar cases produced different... Read More

Posted at 11:44 AM | PERMALINK

Topic: Appellate Practice