Writing an Appeal for Someone Else's Trial

Right now I'm in the middle of writing three appeals. Two are due Saturday (almost done on those two) and the other is due later in July.

The one due in July is interesting because it's someone else's trial. I've never before written an appeal for a case someone else tried. It's more frustrating than doing one of my own because I didn't start out with the knowledge I'd have from one of my own trials. Yesterday I spent about three hours watching (and rewatching) the two hour tape of the interrogation because the biggest issue is whether Client asserted his right to remain silent. I have to do all the research that I would have normally done before the trial. That's not to say that the lawyer who tried the case didn't do a good job. He preserved the error which I'll argue should have led to suppression of the confession; once the judge allowed the confession in defense counsel was fighting a rear-guard action and he still managed to get several charges dismissed by the jury. Still, defendant got 20+ years on the remaining charge and decided he wanted an appeal.

It's interesting having another lawyer's jury trial file in my hands. It's set up much differently then I set up for a jury (or difficult bench trial). He has typed notes and a folder for each witness or individual piece of evidence. There's only one case printed out and included in the file. It's interesting seeing how somebody else preps for trial.

My jury trial file usually has a number of cases with notes down their margins to remind me what they stand for and I organize my folders by possible arguments with cases for each argument, requisite jury instructions, motions in limine, etc; I write what the folder is about on the outside in Arabic (well, okay, usually phonetically spelled English) so the no one can tell what they are about when I spread them out on my table. I have one legal pad for the case. The first five or so pages are for jury selection, the next few are for opening statement, the next however many are needed are for witness questions and answers, then there are pages for the closing argument, this is followed by pages devoted to the jury sentencing hearing. So far I've never had to get to the second pad I always have with me but it's been close a couple times.

Well, I gotta go back to court and then dive back into writing. See ya'll later.