Appellate Practice for the Maryland Lawyer: State and Federal, the authoritative reference for attorneys handling appeals in Maryland and federal courts, is tailored for expert practitioners who handle appeals regularly and attorneys who handle appeals infrequently. The text includes a treasure trove of advice on fundamental procedures, esoteric techniques, and practical strategies, of use to lawyers representing clients on appeal and lawyers representing clients at the trial level who want to maximize their chances of prevailing on an eventual appeal. Both the novice appellate advocate and the seasoned veteran will benefit from the breadth and depth of this seminal work.
The late Robert C. Murphy, long-time Chief Judge of Court of Appeals of Maryland, described the First Edition as “a monumental work by lawyers and judges” who have produced “a ‘how to do it’ tool for all involved in appellate proceedings.” Editors and authors Paul Mark Sandler, Andrew D. Levy and Steven M. Klepper have once again persuaded the state’s foremost experts to contribute their wisdom to this NEW Sixth Edition. Chief Justice Matthew J. Fader provides insight into effective practice before the Maryland Supreme Court. Chief Judge E. Gregory Wells discusses the Appellate Court of Maryland and provides tips on writing persuasive appellate briefs. Former Chief Judge Roger L. Gregory and Chief Judge Albert Diaz explain the inner workings of the U.S. Court of Appeals for the Fourth Circuit. Clerks of the appellate courts explain the nuts and bolts of procedure inside their offices. Court mediators outline procedures for using mediation to resolve cases. Throughout the many chapters, the editors and other experienced members of the bar provide invaluable information about techniques of appellate advocacy.
Appellate practice is neither the best known nor the easiest to understand area of legal practice; it has been called "special, even arcane," by late Chief Judge Robert C. Murphy, and often contains harsh sanctions for procedural violations. This book is designed to guide the practitioner through the appellate process: navigating the state and federal rules of procedure; protecting issues for review and perfecting the appeal; handling special challenges related to standards of review, criminal appeals, and appeals from administrative agencies; petitioning for writ of certiorari in the Supreme Court of Maryland and in the U.S. Supreme Court; and preparing the appellate brief, record extract (or joint appendix), and for oral argument. Valuable samples of key documents are included---a Petition for Certiorari to the Court of Appeals, Appellant’s and Appellee’s Briefs in the Fourth Circuit, Petitioner’s and Respondent’s Briefs in the Court of Appeals, and Appellant’s and Appellee’s Briefs in the Appellate Court of Maryland---strong examples of effective appellate advocacy.
Since its first publication in 1977, each edition of Appellate Practice for the Maryland Lawyer has kept pace with changes in the substance and style of appellate practice. The Sixth Edition reflects developments in Maryland and federal appellate practice since the release of the Fifth Edition in 2018 via legislation, court rules, and case law, current as of summer 2023.
Summary of Contents
Chapter 1: An Overview of Maryland's Appellate Courts and Rules
Chapter 2: Highlights of the Federal Rules of Appellate Procedure
Chapter 3: A Conversation with The Honorable Chief Justice Matthew J. Fader, Supreme Court of Maryland
Chapter 4: Inner Workings of the Supreme Court of Maryland
Chapter 5: Inner Workings of the Clerk’s Office of the Supreme Court of Maryland
Chapter 6: A Conversation with the Honorable E. Gregory Wells, Chief Judge of the Appellate Court of Maryland
Chapter 7: The Inner Workings of the Appellate Court of Maryland
Chapter 8: Inner Workings of the Clerk’s Office of the Appellate Court of Maryland
Chapter 9: Appellate Court of Maryland Alternative Dispute Resolution Program
Chapter 10: A Conversation with the Honorable Roger L. Gregory of the U.S. Court of Appeals for the Fourth Circuit
Chapter 11: Inner Workings of the U.S. Court of Appeals for the Fourth Circuit
Chapter 12: Inner Workings of the Clerk’s Office of the U.S. Court of Appeals for the Fourth Circuit
Chapter 13: The Office of the Circuit Mediator: Appellate Mediation in the Fourth Circuit
Chapter 14: Preservation and Issue Selection
Chapter 15: Initiating Appeals
Chapter 16: Final Judgements and Appealable Interlocutory Orders
Chapter 17: The Final Judgment Rule in the Fourth Circuit
Chapter 18: Petitions for Certiorari—View from the Bar
Chapter 19: Petitions for Certiorari—View from the Bench
Chapter 19: Mandamus Review and Certified Questions
Chapter 20: Extraordinary Writs and Certified Questions
Chapter 21: Forms for Case-Initiating Filings
Chapter 22: Motions Practice in the State Appellate Courts
Chapter 23: Motions Practice in the U.S. Court of Appeals for the Fourth Circuit
Chapter 24: Release Pending Appeal
Chapter 25: Staying the Judgment and Supersedeas Bonds in Civil Cases
Chapter 26: Applying the Standard of Appellate Review in Civil Cases
Chapter 27: Criminal Appeals in Maryland—The Defense Perspective
Chapter 28: Criminal Appeals—The State's Perspective
Chapter 29: Postconviction Appeals
Chapter 30: Appellate Judicial Notice
Chapter 31: Appeals from Administrative Agencies
Chapter 32: Record Extract and Joint Appendices
Chapter 33: The Brief of the Appellant or Petitioner
Chapter 34: Brief of the Appellee or Respondent
Chapter 35: The Reply Brief
Chapter 36: Amicus Briefs
Chapter 37: Oral Argument and Post-Argument Submissions
Chapter 38: Dispositions and Mandates
Chapter 39: Form Briefs
Chapter 40: Brief Writing and Oral Argument—View from the Bench
Chapter 41: Brief Writing—View from the Bar
Chapter 42: A Methodology of Brief Writing
Chapter 43: Effective Oral Argument Before the Appellate Court of Maryland
Chapter 44: Oral Argument—View from the Bar—Suggestions from One Advocate
Chapter 45: Oral Argument—Through the Looking Glass
Table of Cases
Index
Editors: Paul Mark Sandler, Andrew D. Levy & Steven M. Klepper
Authors: Hon. Kevin F. Arthur, Hon. Jonathan Biran, Hon. Brynja M. Booth, Francis Burch, Sarah C. Carr, Megan E. Coleman, John J. Connolly, Patricia S. Connor, Hon. Andre M. Davis, Marc A. DeSimone, Hon. Albert Diaz, Rachel Dombrowski, Joseph Dudek, Gardner M. Duvall, Hon. Angela M. Eaves, Hon. Matthew J. Fader, Diane E. Feuerherd, M. Albert Figinski, Hon. Steven B. Gould, Hon. Roger L. Gregory, Hon. Paul W. Grimm, Peter H. Gunst, Gregory Hilton, Tia L. Holmes, Daniel J. Jawor, Harry S. Johnson, Rachel Marblestone Kamins, Hon. Andrea M. Leahy, Hon. Robert B. Levin, George Liebmann, Sean Luhks, Louis P. Malick, Anthony J. May, Dana W. McKee, Patrick D. McKevitt, Samantha A. Miller, Hon. Diana Gribbon Motz, William J. Murphy, Hon. Douglas R. M. Nazarian, Michael P. Redmond, Edward G. Smith, Derek M. Stikeleather, Annamaria M. Walsh, Hon. E. Gregory Wells, Hon. Patrick L. Woodward
FORMAT: Electronic publication
Pub. Date: 2023
Pages: 764
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