Georgia Criminal Appellate Law Blog Offering Insight on the Practice of Appellate Law and Commentary from the 11th Circuit Court of Appeals

Category Archives: Oral Argument

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What to Do When Litigating in “Foreign Lands”

Posted in Motion for New Trial, Oral Argument, Preservation of Error, Record on Appeal

Last week, I had a post-conviction motion in a county where I never practice. The motion is under advisement, so I won’t go into the particulars about it or what happened at the argument. I write today about the things I did before the hearing started and I plan to do those things even when… Continue Reading

Video Arraignments are a Step in the Right Direction

Posted in Attorney-Client Relationship, Motion for New Trial, Oral Argument, State Habeas Corpus, Supreme Court of Georgia, Uncategorized

Above the Law has a good recent post on the use of video arraignments and how judges find that the process makes them feel safer. I don’t know whether video Arraignments make the process any safer or not. But the process certainly makes the process more efficient. In fact, many of the rituals of court… Continue Reading

Judge Christopher McFadden Offers Advice on Requesting Oral Argument

Posted in Oral Argument, Uncategorized

How do you make the most compelling possible case for oral argument in the Georgia Court if Appeals? According to Judge Christopher McFadden, it is important to draft a self-contained request that summarizes the key issues in the case. It is important also to explain exactly how argument will assist the court under the unique… Continue Reading

Judge Beverly Martin Provides Picture of the Perfect Oral Argument

Posted in 11th Circuit Court of Appeals, Oral Argument

Judge Beverly Martin of the 11th Circuit Court of Appeals spoke to the Georgia Bar’s Appellate Practice Section yesterday on the subject of “What Makes an Effective Appellate Advocate.” More specifically, her focus was on effective oral argument. I’ve heard many talks on this topic, and I read about it all the time. I even write… Continue Reading

Excellent Oral Argument on Lawyer Disqualification

Posted in News, Oral Argument

I’ve been following this case closely because the Georgia Association of Criminal Defense Lawyers submitted an amicus brief on behalf of the Appellant.  In a nutshell, the trial court disqualified the former DeKalb School Superintendant’s law firm where there actually was no conflic; rather, there was the speculative potential for a conflict where the clients… Continue Reading

How Much Longer Before The Georgia Appellate Court Rules?

Posted in Attorney-Client Relationship, Georgia Court of Appeals, Oral Argument, Supreme Court of Georgia

As a father of three children (one still in a car seat and one in a booster) and as an appeals lawyer in Georgia, I get two recurring and related questions. From the children, on car trips, I frequently hear, “Are we there yet?” From my clients and their families, I frequently hear, “when will… Continue Reading

Using Visuals at Oral Argument is Not an Appealing Proposition

Posted in Oral Argument

Last week, I came to the Supreme Court to watch the parties argue a case where I had written the amicus brief. With no pressure on me, I could pay closer attention to the lawyers than I usually do.What I took from the session I watched was a bunch of questions about whether to use… Continue Reading

A Key to Success on Georgia Appeals is to Really Know Your Audience

Posted in Oral Argument, Supreme Court of Georgia, Writing

When I succeed in my brief writing or at oral argument (I measure success by writing a good brief and by fluid conversational delivery at argument — not necessarily by result), it is because I stop to think about my audience. More particularly, I remember that my audience includes a set of staff attorneys and… Continue Reading