“Court Says Upskirting Is Legal” (Or Why Headlines Often Drive Me Crazy!)
Posted: March 6, 2014 Filed under: Appellate Law 1 CommentYesterday, the Massachusetts Supreme Judicial Court (the top court in the Commonwealth) decided a case involving a criminal prosecution against a man who used his cellphone camera to take pictures looking up women’s skirts–so-called “upskirting.” The SJC held that the state’s “Peeping Tom” law did not apply to the defendant’s conduct. Read the rest of this entry »
Hybrid Representation In The Appellate Court
Posted: February 14, 2014 Filed under: Appellate Law, Practice and Procedure | Tags: hybrid representation, pro se 1 CommentThe law affords a person the right to hire an attorney to represent him in a civil or criminal proceeding or to represent himself, that is, to appear pro se. But does a person have a right to have a lawyer appear on his behalf in a case AND to enter a pro se appearance as well? Is there a right to “hybrid” representation?
Appellate Judges: Umpires Or Gods?, Ctd
Posted: February 10, 2014 Filed under: Appellate Law, Practice and Procedure | Tags: sua sponte 4 CommentsA few months ago I wrote a post about a case I had argued in the state Supreme Court in March of last year. The main issue in the case was whether, absent plain error, constitutional error or an issue implicating subject matter jurisdiction, appellate courts can raise on their own initiative (i.e., sua sponte) an issue that neither party had raised below or on appeal, and then decide the case based on that issue. I jokingly characterized the dispute as requiring the Supreme Court to decide whether appellate jurists are mere umpires who decide the issues the parties raise–and only those issues–or whether they are gods who are able to dream up unpreserved issues out of thin air in the interest of doing justice.
Today, the Supreme Court provided the answer to that question: appellate jurists are gods. 🙂
The Final Judgment Rule (Part One)
Posted: January 21, 2014 Filed under: Appellate Law, Practice and Procedure Leave a commentIn light of the recent post on attorneys’ fees and the final judgment rule, I thought I would repost this video-blog entry, one of my first on this blog. The guest appearances by my colleague, Jim Budinetz, and my son (the kid in the back seat of the car), are priceless, IMHO.
Click here for Part Two
Cert Improvidently Granted–An Analysis
Posted: January 16, 2014 Filed under: Appellate Law, Practice and Procedure 2 CommentsThe Connecticut Supreme Court recently released a decision dismissing an appeal on the ground that it had improvidently granted certification to appeal from the Appellate Court. Such a ruling means that the parties to the appeal in the Supreme Court expended a great deal of time and money for, well, nothing. It also means the justices spent a great deal of time reading the briefs, preparing for and holding oral argument, and perhaps even deliberating about the case for, well, nothing.
Final Judgments And Attorney’s Fees, Ctd.
Posted: January 15, 2014 Filed under: Appellate Law, Practice and Procedure | Tags: attorney's fees, final judgment Leave a commentLast December I wrote a post about a U.S. Supreme Court case that would consider whether a trial court judgment was final, for the purpose of seeking appellate review, if all issues in a case have been resolved except the issue of contractual attorney’s fees.
A Superb Choice: Malloy Nominates Richard Robinson To The Supreme Court
Posted: December 10, 2013 Filed under: Appellate Law Leave a commentGovernor Malloy announced this afternoon that he is nominating Appellate Court Judge Richard A. Robinson to fill the vacancy on the Supreme Court created by the recent retirement of Justice Fleming Norcott, Jr..
I have argued before Judge Robinson many times since his elevation to the Appellate Court in 2007. He is an outstanding jurist: always thoroughly prepared for oral argument, asks insightful questions, writes thoughtful opinions. And he has a gentle demeanor which puts appellate advocates at ease, even when he is asking probing questions. He will be a great addition to the Supreme Court.
Judge, soon to be Justice, Robinson will be the fourth African American to sit on the Supreme Court, following in the shoes of Justices Robert Glass, Lubbie Harper Jr. and Justice Norcott.
Lawyers, Judges And Their Fear Of Science
Posted: December 10, 2013 Filed under: Appellate Law | Tags: posner Leave a commentReaders know that I love opinions authored by 7th Circuit jurist Richard Posner, not because I agree with what he says, but because I love the way he writes. Never boring. Read the rest of this entry »
When Are Per Curiam Opinions Appropriate?
Posted: December 8, 2013 Filed under: Appellate Law Leave a commentOccasionally appellate courts issue what are known as “per curiam” opinions: opinions delivered in the name of the court, rather than in the name of an individual judge. Indeed, the Connecticut Supreme Court just issued such an opinion the other day. Read the rest of this entry »
Final Judgments And Attorney’s Fees
Posted: December 1, 2013 Filed under: Appellate Law, Practice and Procedure | Tags: attorney's fees, final judgment; final judgment rule 1 CommentIs a trial court judgment final, for the purpose of seeking appellate review, if all issues in a case have been resolved except the issue of attorney’s fees? The United States Supreme Court is going to revisit that issue this term in Ray Haluch Gravel Co. v. Central Pension Fund. I say “revisit” because many of us thought that the Supreme Court had settled that issue long ago. Read the rest of this entry »
Appealingly Brief! 