The Champion

February 2009 , Page 26 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

The Six Commandments of Effective Appellate Preparation

By George A. Stein

During the course of a jury trial, you hear the prosecution ask a question that refers back to evidence you successfully excluded at an earlier point in the case. The time is 4:00 p.m., the jury’s attention is fading, and the trial judge has lost all patience with everyone in the courtroom. You begin to feel uneasy as you ask yourself: “Should I face the judge’s wrath and object or should I let this one slide?” You know full well the question is improper, but you also consider your setting, your client’s interests, and the prospect of belaboring a point you would rather see as “water under the bridge.”

You sit there and do nothing, letting the question slide. You rationalize with yourself and say, “It was a good trial tactic.”

However, was it a good appellate tactic?

Effective trial attorneys must not only be able to handle themselves in a courtroom, but must also be able to use the trial as a productive springboard for the appeal in the event that the client loses. The major problem many

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad