"It is quite true that there is enough difficulty in appealing as it is; but if there is to be no appeal at all possible the system would be intolerable." -L.J. Bowen

Appellate work is time-consuming, complex, and meaningful both for our clients and for creating precedent. Find helpful resources on appeals here.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to procedures in the Foreign Intelligence Surveillance Court.

Letter to the Judicial Conference Committee on Practice & Procedure regarding proposed rule changes to the Federal Rules of Appellate Procedure.

What should a defense attorney do when a client pleads guilty, signs an appeal waiver, and then wants to appeal after sentencing? Obey the client and file a notice of appeal.

A great deal of folk wisdom surrounds the characteristics of a successful appellate brief. It is said that shorter briefs and fewer issues lead to greater appellate success. One of the “gurus” of legal writing recommended that issue statements not exceed 75 words. Some claim that simple, short arguments are more effective than longer ones. Many attorneys believe that an appellant who files a reply brief will be more successful than an appellant who does not. Several hypotheses arising from all this advice have been tested. The results call into question most of the folk wisdom.

President Lisa Wayne's written statement to the U.S. Sentencing Commission regarding sentencing practices since the U.S. v. Booker decision.

When the United States Loses in a Criminal Case: The Appeal Process.

A Champion article on the role of cognitive bias and its influence on forensic evidence, and what a defense attorney should consider in the interpretation of evidence. 

Brief for Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petitioner (on petition for writ of certiorari).

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of petitioner.

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for certiorari and urging reversal.

Numerous courts have held that a court of appeals may not order an increase in a criminal defendant’s sentence in the absence of an appeal or cross-appeal by the Government. The Eighth and Tenth Circuits, however, have held that courts of appeals may sua sponte order increases in a defendant’s sentence when the district court has failed to impose a statutory mandatory minimum sentence, even if the Government has not appealed or cross-appealed the sentence.

Appellate Advocacy Part III: Ethical Issues

Appellate Advocacy Part II: Written and Oral Advocacy

Appellate Advocacy Part I: Procedure and Issue Determination