As explained in Part One of this two-part blog article posting, I was asked to conduct research the steps to file a petition for writ of certiorari and a brief of amicus curiae in the United States Supreme Court (USSC). [...] Read More
Filing A Petition For Writ Of Certiorari & Brief Of Amicus Curiae To The United States Supreme Court – Part 2 of 2August 22nd, 2019 by Paetra Brownlee
Filing A Petition For Writ Of Certiorari & Brief Of Amicus Curiae To The United States Supreme Court – Part 1 of 2July 11th, 2019 by Paetra Brownlee
I was recently asked by a fellow attorney to research how to file a petition for writ of certiorari and a brief of amicus curiae in the United States Supreme Court (USSC). This is the first of two articles that will address, in limited scope, filing:¹
- A petition for writ of certiorari in the United States Supreme Court, on review from a judgment or order entered by the 11th Circuit Court of Appeals
- An amicus curiae brief at the petition stage
These articles will not address the rules pertaining to filing an amicus curiae brief at the merits stage or oral argument stage, a cross-petition for writ of certiorari, a response to any petition, an initial brief on the merits, procedures related to a case before the Court at the oral argument stage, etc. (more…)
On March 6, 2019, Michael (Mike) Brownlee of The Brownlee Law Firm had the honor of presenting oral argument to the Florida Supreme Court in case number SC18-674. Because the case involves children and an adoption proceeding, the Florida Supreme Court ordered that the briefing in the case be sealed.
As a result, we cannot share the briefs with the world as we do with most of our other appeals. But we can invite you to watch Mr. Brownlee’s oral argument. (more…)
Effective January 1, 2019!
On October 25, 2018, the Florida Supreme Court issued an order adopting proposed amendments to the Florida Rules of Appellate Procedure. The aspect of the order that will have the biggest impact on the appellate process in Florida is the change to the briefing deadlines for many Florida appeals and original proceedings.
The general theme of the amendments is that most deadlines triggered by service of an order or document have been extended.
Deadlines triggered by the filing of a document, on the other hand, have not been changed by the amendments. (more…)
Subjective Entrapment – Legal Framework
There are two types of entrapment in Florida: subjective entrapment and objective entrapment. To determine whether a defendant has a viable objective entrapment defense, courts look solely to the conduct of law enforcement and assess whether the conduct was so egregious it violated the due process rights of the defendant. But this post does not concern objective entrapment. Instead, the focus of this article is subjective entrapment. (more…)
Board-Certified Appellate Specialist Michael Brownlee to Speak at the Christian Legal Society National ConferenceSeptember 24th, 2018 by Michael Brownlee
About the Conference WorkshopsConference workshop topics will include appellate practice, church and nonprofit law, estate planning, and more. As a board-certified appellate attorney with extensive experience performing oral arguments in multiple appellate courts across the nation, Mr. Brownlee plans to speak on appellate issues that affect lawyers and clients alike. Mr. Brownlee’s workshop is titled “Appealing to a Higher Power: Do’s, Don’ts, and Maybe’s.” “Many attorneys wonder whether they should handle the appeal themselves or bring in an appellate specialist. This presentation will put attorneys in a better position to help answer that question,” states Mr. Brownlee. “The workshop will cover the musts in appellate practice (do’s), a few never events (don’ts), and a smattering of stylistic choices and strategic decisions that are worthy of debate (maybe’s).” “Many trial lawyers have questions when faced with an appeal,” added Brownlee. “If this includes you, then this workshop is your chance to get exclusive information on how to best handle your appeal for the most optimal outcome.” Appeals differ greatly from traditional trials and can be problematic for those unfamiliar with the ins and outs of the appellate process. Mr. Brownlee’s workshop will provide attendees with a deeper look at the appellate process from the perspective and insight of a board-certified specialist to better understand how this process can affect the outcomes of appeals.
About the Christian Legal SocietyThe Christian Legal Society (CLS) is a nationwide fellowship of Christians committed to acting justly, loving mercy, and walking humbly with their God (Micah 6:8). Founded in 1961, CLS defends the religious liberties of all Americans in the legislatures and the courts and serves those most in need in our society through Christian Legal Aid.
Contact The Brownlee Law FirmThe Brownlee Law Firm only handles appeals and as a board-certified appellate attorney, Michael Brownlee has the experience and expertise to effectively handle your appeal case, particularly those in habeas proceedings. Contact The Brownlee Law Firm today for your FREE consultation. [...] Read More
Florida’s child support statute should be amended to give courts discretion not to impute income to a parent who leaves a high-paying job for a lower-paying job when the change is in the child’s best interests.
Picture it: Mom is a high-earning investment banker. Dad has a high-paying job too, but it doesn’t pay as much as Mom’s. So when they divorce, Mom ends up paying child support to Dad. (more…)
Anyone who’s handled a habeas appeal in the federal court system knows you have to obtain a certificate of appealability before appealing a district court’s denial of habeas relief. If the district court denies the request for a certificate of appealability, you have to ask the federal appellate court. No controversy there.
The more interesting question, however, is whether a state is required to obtain a certificate of appealability before appealing a district court’s grant of habeas relief to the petitioner. (more…)
So, you’ve been through a difficult trial and now it’s up on appeal. Or maybe you were bounced out of the trial court via summary judgment or on a motion to dismiss. Perhaps you won in the trial court and the other side has appealed.
Regardless of how a case arrives in a court of appeals, the first question facing litigants is usually the same: should your trial lawyer handle your appeal. (more…)
There is a practice in federal jurisdictions where sometimes the Government will seek an additional 15-year sentence enhancement for a defendant due to prior convictions under the Armed Career Criminal Act (ACCA).
Yet the Government does not always submit its own verified proof of prior convictions to the court, relying instead exclusively on the Presentencing Report, or PSR, prepared by the United State Probation, not the U.S. prosecuting Attorney. (more…)