APPELLATE ADVOCACY COLLEGE 2000

LECTURE MATERIALS

CONTENTS

These materials were prepared in April 2000 for use in the Appellate Advocacy College presented May 15-26, 2000, by the Judicial Council’s Appellate Indigent Defense Oversight Advisory Committee and the California Appellate Projects. The views expressed are those of the individual authors and not necessarily those of the Judicial Council or the Administrative Office of the Courts. The subsequent history of all cases discussed in these materials should be checked before relying on a case.

The web version of the documents may vary from those distributed at the training. Where applicable, changes are noted in the Contents list entries below.

1. How to Manage a Law Practice as a Solo Practitioner Specializing in Court-Appointed Appeal
   Kathy Chavez, Roberta Thyfault, Wes Van Winkle
   
   Contains a listing of books, materials and equipment used in solo practice by three very experienced panel attorneys.
   
   
   
2. Working With the Appellate Projects
   Elaine Alexander, George Bond
   
   Contains a listing of the resources available at one appellate project (CCAP in Sacramento).
   
   
   
3. How to Approach a Case/Issue Spotting
   J. Bradley O’Connell, Renee Torres
   
   Contains two sets of materials: a general discussion of how to approach an appeal and a lengthy annotated checklist of potential issues.
   
   
   
4. Record Completion
   Mark Shenfield
   
   Contains a discussion of record completion methods. Sample applications to augment, to settle record, to unseal transcripts; sample rule 35(e) letter and sample request for judicial notice are not available.
   
   
   
5. Issue Evaluation in Criminal Appeals
   Renee Torres, Mat Zwerling, Jonathan Soglin, Christine Kranich, Sandra Peterson
   
   Contains two sets of materials: one discussing standards of review on appeal, and one discussing issues of cognizability and waiver.
   
   
   
6. Evidentiary Issues in Criminal Appeals
   Bradley A. Bristow
   
   Contains discussion of evidence issues and cases, and a separate section on SVP evidence issues; also contains a sample brief on character evidence.
   
   
   
7. Jury Selection and Jury Misconduct Issues in Criminal Appeals
   Bradley A. Bristow
   
   Contains discussion of jury selection issues and cases, and jury misconduct issues and cases.
   
   
   
8. Jury Instruction Issues in Criminal Appeals
   Dallas Sacher
   
   Contains discussion of jury instruction issues.
   
   
   
9. Research Tools and Techniques in Criminal Appeals
   Peggy O’Neill, Jonathan Soglin
   
   Contains list of possible research sources and tools, and sample materials from two projects’ websites (ADI and CCAP).
   
   
   
10. How to Write Effective Statements in Criminal Appeals
    William M. Robinson
    
    Contains discussion of effective statements and samples.
    
    
    
11. Effective Argumentation
    Paula Rudman
    
    Contains discussion of effective argumentation techniques. Sample arguments, and a discussion of federalization of issues are not available.
    
    
    
12. Ethical Considerations in Criminal Appeals
    Michael A. Kresser
    
    Contains discussion of ethical issues that may arise in criminal appeals.
    
    
    
13. Sentencing Issues in Criminal Appeals
    Gary Mandinach
    
    Contains discussion of sentencing laws, discussion of selected sentencing and enhancement issues, an outline of three strikes issues, and one of two sample sentencing arguments.
    
    
    
14. Effective Reply Briefs
    Neil Auwarter
    
    Contains discussion of effective reply briefs and sample brief.
    
    
    
15. Effective Oral Argument
    Linnea M. Johnson
    
    Contains discussion of effective oral arguments, copy of lecture on oral argument given by Michael G. Millman, and copies of local rules of court in the various districts concerning practices and procedures.
    
    
    
16. Effective Petitions for Rehearing, Review and Certiorari
    Jonathan B. Steiner
    
    Contains discussion of petitions, and samples of petitions for rehearing, review and certiorari. Some samples are not available.
    
    
    
17. Writs in Criminal Appeals
    Carmela Simoncini
    
    Contains discussion of habeas corpus writs, and samples of petitions for habeas, coram nobis, coram vobis, mandamus and prohibition. Some samples are not available.
    
    
    
18. Standards of Prejudice on Appeal
    Renee Torres
    
    Contains discussion of the standards of prejudice on appeal.
    
    
    
19. Case Management and Client Relations in Criminal Appeals
    David Y. Stanley
    
    Not Available.

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