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APPELLATE ISSUES FORMULATION OF THE CASE FOR APPEAL, PRESERVATION OF ERROR AND PERFECTION OF APPEAL: ETHICAL OBLIGATIONS & EFFECTIVE ASSISTANCE OF COUNSEL.

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Presentation on theme: "APPELLATE ISSUES FORMULATION OF THE CASE FOR APPEAL, PRESERVATION OF ERROR AND PERFECTION OF APPEAL: ETHICAL OBLIGATIONS & EFFECTIVE ASSISTANCE OF COUNSEL."— Presentation transcript:

1 APPELLATE ISSUES FORMULATION OF THE CASE FOR APPEAL, PRESERVATION OF ERROR AND PERFECTION OF APPEAL: ETHICAL OBLIGATIONS & EFFECTIVE ASSISTANCE OF COUNSEL

2 ADVISING THE CLIENT RIGHT TO APPEAL APPELLATE PROCESS ANDERS PROCEDURES WITHDRAWING AS COUNSEL

3 RIGHT TO APPEAL ADVISE CLIENT BEFORE & AFTER TRIAL

4 APPELLATE PROCESS APPEALS ARE DIFFERENT THAN TRIALS TEMPER CLIENT’S EXPECTATIONS TRAP 44.1(a) – REVERSAL CIVIL CASES (Probably Caused Rendition Improper Judgment)

5 ANDERS PROCEDURES FRIVOLOUS POINTS & ATTORNEY DUTIES ANDERS PROCEDURES
READ In re P.M., 520 S.W.3d 24 (TEX. 2016)

6 GETTING OFF THE CASE FILE MOTION ASAP AFTER VERDICT ALLEGE “GOOD CAUSE” INFORM CLIENT & APPELLATE ATTORNEY

7 PERFECTING THE APPEAL

8 NOTICE OF APPEAL FILE 20 DAYS AFTER JUDGMENT SIGNED 15 EXTRA DAYS FOR GOOD CAUSE COA HAS NO JURISDICTION IF UNTIMELY

9 CONTENTS OF NOTICE A PARENTAL TERMINATION OR CHILD PROTECTIVE CASE FILED BY STATE PARENT PRESUMED INDIGENT TRAP 25.19(d)

10 GET THE RECORD CLERK & REPORTER’S RECORDS DUE WITHIN 10 DAYS REQUEST RECORD ASAP

11 THE BRIEF DUE 20 DAYS AFTER RECORD FILED
ONE EXTENSION ROUTINELY GRANTED

12 FORMAT & WORD COUNT TYPEFACE: 14 POINT; FOOTNOTES: 12 POINT
DOUBLE SPACED BRIEFS: 15,000; REPLY BRIEFS: 7,500; PETITION FOR REVIEW & RESPONSE: 4,500 MUST HAVE CERTIFICATE OF COMPLIANCE ONLY ELECTRONIC FILING

13 AFTER COA JUDGMENT OPINION V. MEMORANDUM OPINION
15 DAYS FILE MOTION REHEARING REVERSAL ONLY IF ERROR CAUSED IMPROPER JUDGMENT OR PREVENTED APPELLANT FROM PRESENTING CASE

14 SUPREME COURT APPEALS DISCRETIONARY (10%)
PETITION MUST BE FILED WITHIN 45 DAYS OF JUDGMENT OR WHEN LAST MOTION OVERRULED

15 PRESERVING ERROR OBJECTION MUST BE TIMELY & SPECIFIC GET A RULING
MAKE SURE YOUR COMPLAINT APPEARS IN THE RECORD

16 SUGGESTIONS BE SPECIFIC & CONCISE NEVER ARGUE WITH THE JUDGE
USE OBJECTIONS JUDICIOUSLY


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