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…)
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…)
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…)