9781593459109 / 1593459106

Appellate Advocacy: Principles and Practice





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About the book:

This book utilizes court opinions, extensive explanatory text, strategic guides, and exercises to present the background necessary for students to develop effective appellate advocacy skills. Presented with the practitioner's needs in mind, Appellate Advocacy: Principles and Practices begins with the steps necessary to get a case before an appellate court: perfecting the appeal, preserving errors for review, and finality. It addresses the various routes to take: from appeals as of right, to writs of prohibition, to habeas corpus.

Appellate Advocacy then moves to the scope and standards of review: discussing in turn civil cases, criminal cases, and review of agency decisions. In order to prepare students for the real world of appellate practice, the book presents vital information on issues like effective assistance of appellate counsel and the special concerns facing assigned counsel. In addition, there are extensive materials on the appellate skills of brief writing and oral argument presentation.

This edition of Appellate Advocacy has been updated and significantly expanded. Changes are reflected in the following areas:

"   substituting or adding cases from appellate courts around the country (to correct what some readers perceived to be an over-emphasis on New York law).
"   adding a section on certified questions in Chapter 2, more detailed treatment of matters within trial courts' discretion, and review of administrative agency decisions in Chapter 4.
"   adding important recent cases on effective assistance of appellate counsel have been added to Chapter 6.
"   significantly augmenting Chapter 7 on post-conviction remedies with substantial updating of the materials on federal habeas corpus and the addition of an entirely new section on state collateral post-conviction remedies.

Appellate Advocacy is an effective teaching tool for appellate advocacy courses, courses on post-conviction remedies, and in both first-year and upper-class moot court instruction.

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