Courtney Winston’s Post

I had my 13th Colorado Court of Appeals argument today. I'm hardly an expert but here are a few things I've learned: -- Always ask your colleagues to moot you (their questions will be tougher than the judges') -- Only bring a two-page outline taped inside a manilla folder to the podium; don't use full sentences in your outline (you'll sound more natural if you're not reading and it's easier to get back on your outline if you don't have to shuffle papers) -- Write down the questions the judges ask your opposing counsel and address them during your argument or rebuttal (this helps you focus on what the judges are concerned about) -- If you've said everything you have to say, sit down (you don't need to use all of your time) -- Practice your argument out loud as many times as possible (when your dog is sick of hearing you practice, you're good to go) -- Always shake hands with opposing counsel after the argument Hopefully these tips are helpful for young #appellatelawyers preparing for argument.

Great guidance for appellate lawyers at all stages of their careers!

Join us for an in-depth look at the most important decisions issued by the U.S. Court of Appeals for the Fifth Circuit from late 2023 to early 2024. Andrew R. Lee will cover both headline-making rulings and quieter cases with big effects on the legal landscape. You’ll learn about significant cases, spot trends, and how the Fifth Circuit’s latest moves are making waves at the Supreme Court. Register now! #appellatepractice #usfifthcircuit #decisions #cle #neworleanslawyers

What's on your wish list for improving the Rules and reducing court delays in Ontario? For me, it's revising the Rules to increase the availability of summary judgment motions. Full disclosure: I love summary judgment motions. They're my favourite motion. I really enjoy wrapping my client's case up in a tidy bow and presenting it to the Judge. Back in the summary judgment glory days post 2010 and before some of the newer caselaw came in a watered down when they're available, I brought and defended many. Often, simply serving my motion materials would cause the case to resolve. I still bring and defend them, but much less frequently. I believe that making summary judgment motions more accessible would assist in freeing up scheduled time for Judges as well as wasted time when matters resolve last minute (ie: only the 3-6 hours scheduled is wasted, rather than a full week of trial, when the matter settles on the court's doorsteps). I also want more Judges to be appointed :-) What is on your wish list for Rule reform and reducing court delays? #LegalSystem #AccessToJustice #SummaryJudgementReform"

NEW; Here is the full 15 page response from the Commonwealth of Massachusetts, as to #KarenRead’s motion for a post-verdict dismissal. The state is accusing Read’s defense lawyers of violating rules related to contact with jurors and indicating informal jury discussions (as to voting 9 (or 10) to 2 guilty on count 2 of the indictment are not verdicts). Read forgot to object to a mistrial at the time it happened, relied on hearsay to mislead the public about the jury’s decision, and has on ground to stand on as to her motion. Further, because the jury did not render a formal verdict, any “agreement” to vote 9 (or 10) to 2 guilty on count 2, instead of count 1 and 3, is not binding or valid under state law and case precedent. Read is expected to lose this motion, which legal experts say has no merit, and will be re-tried for hitting #JohnOKeefe with her car, while drunk, leaving the scene and then coming back to confess - to multiple first responders. The motion will be heard on July 22d, 2024, in front of Judge Cannone in Norfolk Superior Court. A date for Read's re-trial is expected to be selected on that date. Link - https://lnkd.in/eBPttKCB #KarenReadTrial #JusticeForJohnOKeefe #JusticeForJJ #ConvictKarennRead

In the link below, I explain the three requirements for recusal in Georgia and, procedurally, how they are likely to play out in the Young Thug case. https://lnkd.in/ez2jrjka

Arkansas's appellate courts were back at work this week, with some interesting decisions to consider. The Court of Appeals issued fifteen opinions on Wednesday; the Supreme Court issued three opinions on Thursday. Taking up the Supreme Court's docket first, note that each case had a majority opinion, at least one concurrence (or concurring in part), and at least one dissent. That doesn't seem typical. Sagely v. Hutchinson, et al., applies the United States Supreme Court's more recent Second Amendment cases, including 2022's New York State Rifle and Pistol Ass'n v. Bruen. The majority, concurrence, and one dissent approach this subject in different ways. At the risk of stating the obvious, contested opinions such as these provide a better opportunity to study each author's judicial philosophy. One case on the Court of Appeals docket may be of particular interest to the appellate bar. In MMSC, LLC v. Washington County, the panel remanded the case to correct the electronic record. Of a record totaling 7,091 pages, a whopping 6,581 were bookmarked simply "Administrative Records Exhibit." Individual documents within that set were not bookmarked, the documents didn't appear in any type of order, and it wasn't clear how these documents were related to pleadings or other parts of the record. Since this did not comply with Ark. R. App. P. - Civ. 7(b)(1), the case was remanded.

Chair of Gentry Locke’s Appeals and Critical Issues practice, Monica Monday shares valuable insights and lessons learned from listening to recordings of appellate arguments. Read here: https://lnkd.in/gicV4FqH #AppellateLaw #OralArguments

11:23 AM CST UPDATE: We would like to express our sincere gratitude to the public for promptly responding and appearing for Jury Duty. Reeves County, Texas greatly appreciates your participation in this important duty. In the future, please make sure to respond to your summons in a timely manner to avoid any delays in court sessions. The District Clerks' office is grateful for your continuous support. ***********************************************************************Urgent! Here is a list of jurors who are expected to appear in court today as instructed by the district judge. Unless they have been excused by the district clerk's office, they must be present immediately or may face a penalty. If they have any immediate questions/excuses as per disqualifications on the jury summons they must call my office at (432)287-0222 ext 6 Your participation is important to Reeves County Texas! Failure to Answer the Summons A person who receives a summons for jury service and fails to answer the summons as directed by the summons is subject to a contempt action that is punishable by a fine of not less than $100 nor more than $1,000. (Texas Gov't Code § 62.0141. Failure to Answer Jury Summons.) Failure to Attend Court/Filing a False Exemption    A juror who is lawfully notified to attend court is subject to a fine of not less than $100 nor more than $500 if that juror either:    fails to attend court in obedience to the notice without a reasonable excuse; or    files a false claim of exemption from jury service. (Texas Gov't Code § 62.111. Penalty for Defaulting Jurors.) If you have questions about your jury summons or jury duty, please contact the appropriate court or judge as indicated on the jury summons.

🎓 Honored to prepare for two arguments before the Federal Circuit. Appearing before this esteemed court is always a privilege, and I can show my respect by being well prepared. 🔍 Focused on emphasizing one key issue in the upcoming dialogue with the judges and opposing counsel, I review all briefs and the record. My approach is to anticipate questions, considering perspectives of both my opponent and the discerning Federal Circuit judges. 💡 The preparation process is, in short, to fortify my mind. On the day of the argument, I aim to cultivate strong internal defenses against personal reactions. My goal is to engage in a professional dialogue with my capable opponent and distinguished jurists, centered on the law and facts. 🌟 Ultimately, I am driven to advocate for my client's position calmly, positively, and with genuine pleasure. Here's to a fruitful exchange of ideas in the pursuit of justice. #FederalCircuit #AppellateAdvocacy #PreparationIsKey