Apologies for the delay since my last post. I was tied up in trial for part of last week, and recovering for the rest of it. I was so busy, in fact, that I almost missed this post from the Volokh Conspiracy about Newman v. Commonwealth, 2009 Va. App. LEXIS 360, 2009 WL 2431289
Appellate Practice
Urban Legends of the Law: The Nusbaum Motion
By Jay O'Keeffe on
My colleague and sometime coauthor, Travis Graham, is an eccentric civil procedure genius and all-around good guy. Among his other hobbies, Travis collects popular misconceptions of the law. He recently told me about a new urban legend making the rounds: the Nusbaum motion. As I understand it, there is a perception brewing in…
Oral Argument Lessons from the Symposium
By Jay O'Keeffe on
Posted in Appellate Practice, Oral Argument
By all accounts, the Virginia State Bar’s recent appellate symposium on oral argument was a big hit. Unfortunately, I wasn’t able to attend–I was tied up at my day job, posing as a mild-mannered commercial litigator–but I’ve heard from folks who made the trip that Justice Keenan’s talk was one of the highlights. Here are…
Update: Free Appellate CLE July 13th in Alexandria
By Jay O'Keeffe on
Posted in Appellate Practice, Oral Argument
Word on the street is that about thirty people, including Justice Keenan, have signed up for the oral argument symposium this Monday at the courthouse in Alexandria. Monica Monday is organizing it; I am sure that she will do a wonderful job. Contact her at monica_monday@gentrylocke.com if you are interested. Registration is required.
Practice Tip: Use the Standard of Review Ladder
By Jay O'Keeffe on
Posted in Appellate Practice, Standards of Review
Appellate texts and practice guides recite solemn homilies about the importance of the standard of review (and with good reason–but that’s another post). We are told that that standard of review defines the strength of the lens through which the appellate court will review the lower court’s decisions. Our standard of review should not be…
Free Appellate CLE July 13th in Alexandria
By Jay O'Keeffe on
Posted in Appellate Practice, Oral Argument
The State Bar’s Appellate Practice Committee has scheduled a free CLE for July 13th at 3:00-5:00 p.m. at the courthouse in Alexandria. The CLE will focus on oral argument and include an illustrative moot court. The timing is pretty convenient, because the Supreme Court will be hearing writ arguments in Alexandria the following day. And…