From Sentencing to Appeal in the Federal Criminal System -- Issues Every Trial Attorney and Appellate Counsel Need to Consider
Learn about who is entitled to a direct appeal, what issues can be raised and the typical barriers to an appeal. Find out what constitutes a waiver of the right to appeal, the standards for review and how to preserve error.
Our panel of experts will provide insights and guidance on such important questions as:
- Whether to appeal; does the client have standing; when to wait and appeal later; balancing the costs vs. likelihood of success; possible sanctions; motives for appeal
- Risks to appeal other than cost and loss; could a favorable error be reversed on remand; the likelihood that a vacated sentence could result in a higher sentence on remand; the likelihood that the government would withdraw from a plea agreement; risk of added charges or convictions
- The Pros and Cons of trial counsel handling the appeal; relationship with the client; objectivity; appellate expertise of counsel representing the other side; need to get up to speed; were there really trial errors; possibility of joint work with appellate lawyer
- Issue section; quality over quantity; choosing your strongest issues; overruling precedent or following established ones; extent of specific harm
- Arranging and categorizing issues; weight given to fairness vs. policy issues
Other topics to be discussed include moving for reconsideration, motions to set aside verdicts, briefs, oral arguments, rehearings, habeas, advocacy ethics and the 2d Circuit Grievance Panels
James I. Glasser, Wiggin and Dana
3 MCLE Credits NY and NJ
1 Ethics; 2 Professional Practice; Transitional and Non-transitional
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