Criminal Law

Shala revisited
London Borough of Wandsworth v Allison [2008] EWCA Civ 354 is a Court of Appeal judgment on an appeal from a s.204 Housing Act 1996 appeal. It is made in downright odd circumstances, as the repsondent had won the s...

CA1: appeal waivers and synthetic marijuana
US v. Pratt, No. 06-2287 concludes that an appeal following a guilty plea is barred by an appeal waiver that the defendant signed. Applying US v. Teeter, 257 F.3d 14, 25 (1st Cir. 2001), the First says that there really...

COA Dismisses Appeal For Rule Violations
Today the Court of Appeals (COA) dismissed an appeal because the appellant failed to comply with Appellate Rule 3 regarding the content of the notice on appeal, failed to include in her brief a statement of the standard of review, and "most significantly" failed to include in the record on appeal the certificate of service for the notice of appeal...

Once More Unto the Breach: FCC Files Appeal in the "Jackson Incident"
The FCC has filed an appeal in the Super Bowl case. The Third Circuit ruled in favor of CBS on July 21, and Justice Souter extended the time to appeal until November 18.

Untimely notice of appeal requires dismissal of appeal
The rule that an untimely appeal must be dismissed required the dismissal of the appeal of a paternity action in J.B.C. v. P.H.R, [Ms. 2061131] (March 21, 2008).  In an action to determine paternity, an appeal mustbe filed within 14 days of the order in issue; however, in this case, the putative father filed his appeal 21 days after the order...

Otero: Counsel not ineffective for failing to appeal
In U.S. v. Otero, No. 06-15791 (Sept. 17, 2007), the Court held that Otero?s lawyer had no constitutional duty under the criteria of Roe v. Flores-Ortega, 528 U.S. 470 (2000) to consult Otero about an appeal, and therefore denied Otero?s § 2255 motion based on counsel?s failure to file an appeal...

Philip Morris
Loses Appeal, Will Pay Millions

Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict