About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

14 Litig. News 1 (1988-1989)

handle is hein.journals/lignws14 and id is 1 raw text is: OCTOBER 1988 VOLUME 14, NUMBER I LITI ATI0 N NEWS A PUBLICATION OF THE SECTION OF LITIGATION AMERICAN BAR ASSOCIATION Death Cases Get Unique Pre-Appeal Review Appellate courts now reviewing death warrant cases while still in trial courts Special Insert: Resources for Litigators More Selected Unpublished Papers by Section Members R4 rompted by an ever-increasing load of appeals in capital collateral death warrant cases, several appellate courts have begun monitoring these cases be- fore a notice of appeal is ever filed in the appellate court. The U. S. Courts of Appeals for the Fifth and Eleventh Cir- cuits and the Florida Supreme Court are among the courts implementing these expedited procedures. While there are variations among the courts' procedures, the common thread is the gathering by the appellate court clerk of all the papers filed in the lower courts while the case is still pending and undecided below. The appeals judges then study those lower court pleadings and briefs on the chance that the case will ultimately make its way to the ap- pellate court. Because a death warrant typically has a time limitation of a week or less, speed in dealing with the appeal is essential. When a death warrant is signed, the state attorney general's office or the office of the governor signing the warrant will typically notify the clerks of the state supreme court and the federal court of appeals. In the Eleventh Circuit, for example, the clerk's office then contacts the attor- neys for the parties and requests from them copies of all relevant pleadings. While a case cannot be assigned to a panel until a notice of appeal is filed (which is often on the eve of execution), the Eleventh Circuit's clerk identifies the probable panel and makes available to panel members copies of the plead- ings assembled to date. The clerk's office also requests that the clerks of the lower courts - both state or federal - provide copies of additional papers and by Mary E. Murphy, Associate Editor orders as they are filed and entered, as the case winds its way through first the state and then the federal systems. Miguel J. Cortez, Clerk of the Elev- enth Circuit, which handles roughly a quarter of all death cases in the nation, said that the procedure used by that court was prompted by several factors, the primary one being the increase in death warrant cases in recent years. You might say that part of it is neces- - f self-preservation is nature's highest law, then attorneys everywhere have the obligation to attend the ABA Section of Litigation's 1988 Annual Fall Meeting, October 20-22, in Washington, DC. Lawyers Under Attack is the theme of this year's meeting, which will focus on the myriad ways that lawyers are being assaulted, both singly and along with their clients. Speakers in the meeting's showcase program, The Lawyer as Advocate, Counselor, Witness and Defendant, will examine the attorney's obligations in these frequently conflicting roles. The obligation of professional representation of clients and the corresponding poten- tial civil or criminal exposure of the lawyers involved will be emphasized. The unifying theme of Lawyers Under Attack will be seen in the meeting's educational programs. Topics include fiduciary and disclosure obliga- sity being the mother of invention, Cortez said. Capital punishment in the South has been fueled by a political climate that has encouraged death sentences and resulting death warrants, according to Bruce Rogow, Professor of Law at Nova University Law Center, Ft. Lauderdale. FL. For instance, he said, Governor Martinez of Florida is averaging nine (continued on back page) tions of corporations and their directors; the criminal liability of civil litigators; the risks counsel take in instances of failed financial institutions; and bad faith litigation, RICO, and Rule I I sanc- tions. Featured speakers are Patricia M. Wald, Chief Judge of the U.S. Court of Appeals for the District of Columbia Circuit, and Elliot L. Richardson, former Attorney General of the United States. The annual meeting will also feature a welcoming reception on Wednesday evening, cocktails on Thursday night, and a Friday night gala. The headquarters for the Fall meeting is the J. W. Marriott Hotel, 1331 Penn- sylvania Avenue, N.W. Further registration information may be obtained from the ABA Section of Litigation, 750 North Lake Shore Drive, Chicago, IL 60611, or by calling (312) 988-5647. Ll Section Holds Meeting this Month Lawyers Under Attack theme set for Annual Fall Meeting in Washington, Oct. 20-22 by Joseph W. Ryan, Jr. Associate Editor

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most