Appellate Practice in Massachusetts

The art of appeal

Product Number: 1950287B00
Publication Date: 6/6/2024
Edition: 5th Edition 2024
Copyright: © 2024 MCLE, Inc.
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Appellate Practice in Massachusetts

The art of appeal

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Pricing: $195.00; Members: $175.50; New Lawyers: $132.50

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Product Description
Product Description

A time-honored authority, Appellate Practice in Massachusetts examines the appellate process at every level and court in the Commonwealth, in both civil and criminal matters. It covers the appellate process and offers valuable insight into the art of effective appellate advocacy in civil and criminal cases. This manual includes practical information on how to assess the decision to appeal, how alternative dispute resolution works at the appellate level, standards of review and the mechanics of appeal in the various courts. In-depth guidance is offered on how to draft appellate briefs. The role of the amicus brief, oral advocacy and post-decision practice are featured, as is single justice practice.

Also featured, and previously available only to Massachusetts courts, is an Appendix containing selected Massachusetts cases on the standards of appellate review. This list of selected cases is an invaluable aid for researching key legal issues in cases where appellate review turns on error of law, abuse of discretion and prejudice.

Recent updates:
- Update: June 2024
  Dear Subscriber:
  
  Thank you for choosing to stay current in your appellate practice by purchasing this updated edition. Inside, you will find new material on topics such as the following:
  - Appeals to the full court. In chapter 1, find several recent cases, including appeals to the full court from single justice denials of petitions pursuant to G.L. c. 211, § 3, where the court has adopted SJC Rule 2:21, a special rule for processing these appeals.
  - Applications for further appellate review. See chapter 3, which cites a 2023 case discussing whether the failure to instruct the jury on the Commonwealth's burden to prove that the defendant knew that one of the coventurers was armed and masked created a substantial miscarriage of justice.
  - Appeal of conviction. See chapter 7 for a discussion of the process by which the defendant may tender a guilty plea or an admission to sufficient facts and reserve the right to appeal any ruling or rulings that, if reversed, would render the Commonwealth’s case not viable on one or more charges.
  - Rejection of e-filed brief of appendix. In chapter 13, find an updated Notice of Docket Entry, where the clerk of courts will advise as to a nonconforming brief.
  - Unpreserved errors in noncapital cases. Chapter 15 adds information on the Freeman standard. It lists the four questions the appellate court will ask when considering and reviewing the case as a whole.
  We at MCLE trust that you will find this new content useful in your appellate practice and valuable in keeping your law library current.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., MCLE Director of Publications
Table of Contents

Table of Contents
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Chapter 01 expand

Supreme Judicial Court
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A. W. Phinney, III, Esq., Supreme Judicial Court, Commonwealth of Massachusetts
Neal G. Quenzer, Esq., Wilmer Cutler Pickering Hale and Dorr LLP

Chapter 02 expand

Massachusetts Appeals Court
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Barbara Margaret Farrell, Esq., Appeals Court, Commonwealth of Massachusetts

Chapter 03 expand

Allocating the Appellate Caseload
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Judith E. Michelman, Esq., Supreme Judicial Court, Commonwealth of Massachusetts
Neal G. Quenzer, Esq., Wilmer Cutler Pickering Hale and Dorr LLP

Chapter 04 expand

Court of Appeals for the First Circuit
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Judith H. Mizner, Esq., Federal Public Defender Office

Chapter 05 expand

Appellate Divisions of the Massachusetts District Court
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Hon. Mark S. Coven, Quincy District Court, Commonwealth of Massachusetts

Checklist 5.1
- Checklist for Appealing a District Court Decision to the District Court Appellate Division Buy Form

Chapter 06 expand

Preserving Appellate Rights in the Massachusetts Superior Court
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Rebecca Kiley, Esq., Committee for Public Counsel Services
Scott H. Kremer, Esq., Kazarian Law

Checklist 6.1
- Pretrial Preservation of the Right to Appeal in Civil Cases Buy Form

Chapter 07 expand

Preserving Appellate Rights in the Massachusetts District Court
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Hon. Zachary Hillman, District Court Region 5, Commonwealth of Massachusetts

Chapter 08 expand

Analyzing the Decision to Appeal
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Tad Heuer, Esq., Foley Hoag LLP

Chapter 09 expand

Alternative Dispute Resolution in the First Circuit
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Hon. Patrick J. King,

Checklist 9.1
- Checklist for the Settlement Conference Buy Form

Exhibit 9A
- U.S. Court of Appeals for the First Circuit Civil Appeals Management Program Buy Form

Exhibit 9B
- Notice of Mandatory Pre-argument Settlement Conference Buy Form

Chapter 10 expand

Standards of Review
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Alex G. Philipson, Esq., Superior Court, Commonwealth of Massachusetts

Chapter 11 expand

Mechanics of Appeal in the State Courts
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Barbara Margaret Farrell, Esq., Appeals Court, Commonwealth of Massachusetts
Hon. Francis V. Kenneally, District Court Department, Commonwealth of Massachusetts
Hon. Peter Sacks, Appeals Court, Commonwealth of Massachusetts

Chapter 12 expand

Practice Before the U.S. Court of Appeals for the First Circuit
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Judith H. Mizner, Esq., Federal Public Defender Office

Chapter 13 expand

The Appendix and Brief: A Judicial Perspective
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Hon. Gregory I. Massing, Appeals Court, Commonwealth of Massachusetts

Exhibit 13A
- Appeals Court Checklist for Preparation of Brief and Record Appendix Buy Form

Exhibit 13B
- Appeals Court Letter Regarding Rejection of E-Filed Brief or Appendix Buy Form

Chapter 14 expand

The Appellate Brief: A Practitioner’s Perspective
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Dana A. Curhan, Esq., Curhan Law Office

Chapter 15 expand

Special Considerations in Criminal Briefs
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Patricia A. DeJuneas, Esq., Sibbison, DeJuneau & Allen LLP
Patrick Levin, Esq., Committee for Public Counsel Services

Chapter 16 expand

The Attorney General’s Participation in Appeals
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David C. Kravitz, Esq., Office of the Attorney General, Commonwealth of Massachusetts

Exhibit 16A
- Representative Cases in Which the Attorney General Has Filed Briefs as Amicus or Intervenor Buy Form

Chapter 17 expand

Role of the Amicus
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Joanne D'Alcomo, Esq., Jack Mikels & Associates, LLP

Exhibit 17A
- Sample Motion for Leave to File Amicus Brief in First Circuit Buy Form

Exhibit 17B
- Sample Motion for Leave to File Amicus Brief Buy Form

Exhibit 17C
- Sample Motion for Leave to File Amicus Brief in Lower Court (United States District of Massachusetts) Buy Form

Chapter 18 expand

Oral Argument
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Hon. Ariane D. Vuono, Appeals Court, Commonwealth of Massachusetts

Chapter 19 expand

Appellate Disposition
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Catherine S. Lombardo, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC

Chapter 20 expand

Postdecision Practice
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Hon. Joseph M. Ditkoff, Appeals Court, Commonwealth of Massachusetts

Chapter 21 expand

Single Justice Practice in the Supreme Judicial Court
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Maura S. Doyle, Esq., Supreme Judicial Court, Commonwealth of Massachusetts

Chapter 22 expand

Single Justice Practice in the Massachusetts Appeals Court
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Patricia Campbell Malone, Esq., Appeals Court, Commonwealth of Massachusetts
Joseph F. Stanton, Esq., Appeals Court, Commonwealth of Massachusetts

Chapter 23 expand

Single Justice Practice in the Court of Appeals for the First Circuit
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Judith H. Mizner, Esq., Federal Public Defender Office

Appendix

Selected Massachusetts Cases on Standards of Review
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Henry G. Weaver, Jr., Esq.,
Editors & Authors

Editor(s)

Neal G. Quenzer, Esq., Wilmer Cutler Pickering Hale and Dorr LLP, Boston

Hon. Peter Sacks, Appeals Court, Commonwealth of Massachusetts, Boston

Author(s)

Hon. Mark S. Coven, Quincy District Court, Commonwealth of Massachusetts, Quincy

Dana A. Curhan, Esq., Curhan Law Office, Boston

Joanne D'Alcomo, Esq., Jack Mikels & Associates, LLP, Quincy

Patricia A. DeJuneas, Esq., Sibbison, DeJuneau & Allen LLP, Boston

Hon. Joseph M. Ditkoff, Appeals Court, Commonwealth of Massachusetts, Boston

Maura S. Doyle, Esq., Supreme Judicial Court, Commonwealth of Massachusetts, Boston

Barbara Margaret Farrell, Esq., Appeals Court, Commonwealth of Massachusetts, Boston

Tad Heuer, Esq., Foley Hoag LLP, Boston

Hon. Zachary Hillman, District Court Region 5, Commonwealth of Massachusetts, Worcester

Hon. Francis V. Kenneally, District Court Department, Commonwealth of Massachusetts, Boston

Rebecca Kiley, Esq., Committee for Public Counsel Services, Boston

Hon. Patrick J. King, Boston

David C. Kravitz, Esq., Office of the Attorney General, Commonwealth of Massachusetts, Boston

Scott H. Kremer, Esq., Kazarian Law , Boston

Patrick Levin, Esq., Committee for Public Counsel Services, Boston

Catherine S. Lombardo, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC, Boston

Patricia Campbell Malone, Esq., Appeals Court, Commonwealth of Massachusetts, Boston

Hon. Gregory I. Massing, Appeals Court, Commonwealth of Massachusetts, Boston

Judith E. Michelman, Esq., Supreme Judicial Court, Commonwealth of Massachusetts, Boston

Judith H. Mizner, Esq., Federal Public Defender Office, Boston

Alex G. Philipson, Esq., Superior Court, Commonwealth of Massachusetts, Boston

A. W. Phinney, III, Esq., Supreme Judicial Court, Commonwealth of Massachusetts, Boston

Neal G. Quenzer, Esq., Wilmer Cutler Pickering Hale and Dorr LLP, Boston

Hon. Peter Sacks, Appeals Court, Commonwealth of Massachusetts, Boston

Joseph F. Stanton, Esq., Appeals Court, Commonwealth of Massachusetts, Boston

Hon. Ariane D. Vuono, Appeals Court, Commonwealth of Massachusetts, Boston

Henry G. Weaver, Jr., Esq.,

TOP

Appellate Practice in Massachusetts

The art of appeal

Appellate Practice in Massachusetts

The art of appeal

Choose Format:

Product Description

Recent updates:

Table of Contents

Supreme Judicial Court

Massachusetts Appeals Court

Allocating the Appellate Caseload

Court of Appeals for the First Circuit

Appellate Divisions of the Massachusetts District Court

Checklist 5.1

Preserving Appellate Rights in the Massachusetts Superior Court

Checklist 6.1

Preserving Appellate Rights in the Massachusetts District Court

Analyzing the Decision to Appeal

Alternative Dispute Resolution in the First Circuit

Checklist 9.1

Exhibit 9A

Exhibit 9B

Standards of Review

Mechanics of Appeal in the State Courts

Practice Before the U.S. Court of Appeals for the First Circuit

The Appendix and Brief: A Judicial Perspective

Exhibit 13A

Exhibit 13B

The Appellate Brief: A Practitioner’s Perspective

Special Considerations in Criminal Briefs

The Attorney General’s Participation in Appeals

Exhibit 16A

Role of the Amicus

Exhibit 17A

Exhibit 17B

Exhibit 17C

Oral Argument

Appellate Disposition

Postdecision Practice

Single Justice Practice in the Supreme Judicial Court

Single Justice Practice in the Massachusetts Appeals Court

Single Justice Practice in the Court of Appeals for the First Circuit

Selected Massachusetts Cases on Standards of Review

Editor(s)

Author(s)