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Appellate Review Resources

 

The Nickerson Issue: Appellate Jurisdiction Over "Felony Cases"

Posted: 7/2022

This article describes the process for determining whether a case is a "felony case" such that it is properly in the Court of Appeal, and the steps counsel can take if they believe they have been appointed on a misdemeanor case. The article also touches on possible statute of limitations issues for misdemeanor counts that are part of a felony appeal.

Appellate Jurisdiction Over "Felony Cases"

Constructive Filing of Notice of Appeal - Third District

Posted: 9/18/12

This article describes constructive filing procedures in the Third District and that court's preference for a noticed motion, not a writ.

Constructive Filing

"The Diddle of Harmless Error"

Posted: 8/25/11

This article by George Schraer and Charles Sevilla on arguing prejudice is from the 2011 CACJ Appellate Practice Seminar.

The Diddle of Harmless Error

Elusive Exceptions to Waiver & Forfeiture Bars

A FDAP article discussing categories of errors cognizable without an objection, and suggesting ways of overcoming the absence of a timely and proper objection in the trial court when one is required.

Elusive Exceptions to Waiver & Forfeiture Bars

Overcoming Challenges of Forfeiture

Posted: 8/25/11

This article by George Schraer and Charles Sevilla on waiver and forfeiture issues is from the 2010 CACJ Appellate Practice Seminar.

Overcoming Challenges of Forfeiture

Prescriptions for Overcoming Those Annoying Waiver Assertions

A useful collection of citations as a starting point for research when the issue/theory you want to brief was not objected to in the trial court

 

 

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