Know Precedent; Preserve Issues; Make Precedent

Our hinterlands correspondent, Kathleen Casey, sent over Volume 1, Issue 1, of the Center for Appellate Litigation’s newsletter on Issues to Develop At Trial.  This is the sort of information that serves to teach or remind trial lawyers of the things they must do at trial to win and, in the odd chance they don’t, preserve critical issues for appeal.

Much as preservation is the weasel way of avoiding addressing a conviction where a defendant was not afforded the full protection of law, it is nonetheless the law and thus incumbent on trial lawyers to know the law, make the right objections and arguments, and preserve issues for appeal.  And for those so inclined, you can’t make precedent if you don’t know precedent.

If you didn’t receive their newsletter, you should, and they need to include a place on their website for people to sign up to receive it. And it’s kinda nice that in their first newsletter, they cite one of my cases.


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6 thoughts on “Know Precedent; Preserve Issues; Make Precedent

  1. marc r

    Too bad other judges don’t know that’s the law for constructive possession. And congrats on your attorney McGuire keeping you out of trouble.

  2. losingtrader

    “And yet again, I’m constrained to ask: What the fuck are you talking about?”

    I’d hate to see you unconstrained.

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