Last Amish Horse and Carriageweek, the Court of Appeals returned to a general question that this blog has addressed before: When is a Notice of Appeal Filing Deadline or Requirement Jurisdictional?  In this instance, the specific issue was whether the Court has jurisdiction over an appeal when a notice of appeal was filed and the record on appeal was filed and the appeal docketed before the trial court entered the order that was being appealed.… Continue Reading

In October 2018, I gave a CLE presentations with (now recently sworn in) Judge Allegra Collins: “Life Preservers on the Titanic: Issues Not Properly Preserved for Appellate Review.”  Part of the presentation posed this question: Can the General Assembly enact a rule or law that automatically preserves certain issues for appellate review?  At the time, the answer to that question was as follows:

  • Yes
Continue Reading

Way back when I was a law clerk, I knew I wanted to be an appellate lawyer.  I asked my Judge how to go about making that happen.  She told me, unequivocally, that the best way to get appellate experience was to be an appellate lawyer with the United States Attorney’s office or the Federal Public Defender’s office.  Those are the “frequent fliers” in the Fourth Circuit, not civil private-practice lawyers, she explained. … Continue Reading

Good appellate lawyers are in demand. The Appellate Defender is looking for a few good appellate attorneys to add to the Office of the Appellate Defender’s appointed appellate counsel roster.   Interested applicants can find information and the roster application here.

Good writing skills and the ability to spot issues are essential. Although criminal litigation experience is helpful, it is not required.  … Continue Reading