Podcasts about appellate

  • 300PODCASTS
  • 802EPISODES
  • 39mAVG DURATION
  • 5WEEKLY NEW EPISODES
  • Feb 15, 2026LATEST
appellate

POPULARITY

20192020202120222023202420252026


Best podcasts about appellate

Show all podcasts related to appellate

Latest podcast episodes about appellate

Gun Lawyer
Episode 277-Three-Round Burst of GOFU’s

Gun Lawyer

Play Episode Listen Later Feb 15, 2026 43:52


Episode 277-Three-Round Burst of GOFU’s Also Available OnSearchable Podcast Transcript Gun Lawyer — Episode Transcript Page – 1 – of 11 Gun Lawyer — Episode 277 Transcript SUMMARY KEYWORDS GOFUs, New Jersey gun laws, vampire rule, sensitive places, unlawful possession, pretrial detention, federal injunction, carry permit, gun transport, Second Amendment, gun rights, legal advice, gun ownership, gun regulations, gun safety, gun culture. SPEAKERS Speaker 2, Evan Nappen, Teddy Nappen Evan Nappen 00:17 I’m Evan Nappen. Teddy Nappen 00:19 And I’m Teddy Nappen. Evan Nappen 00:21 And welcome to Gun Lawyer. So, you know our show here, one of the things that is very, very famous about our show are GOFUs. And GOFUs, as my listeners know, are Gun Owner Fuck Ups. The idea with GOFUs is these are real cases, actual things that happened. They are expensive lessons that people learn, and that you, the listener, get to learn for free. And of course, we always do the GOFU at the end of the show, whatever this week’s GOFU may be. But suddenly I’ve been pounded with GOFUs, and they’re very important. And I said, you know what? We’re going to do a three round burst here of some really important GOFUs, including what I want to begin with by telling you about this actual case. It illustrates just how insane New Jersey is and what every law-abiding gun owner could, in fact, face. Evan Nappen 01:32 Of course, I’m not using any names, but this is an actual situation that occurred. And some things, looking at the situation that the, and not just necessarily a mistake that the gun owner did, but something that hit me as extremely important for every New Jersey gun owner to make sure they do. There’s a very simple thing that is very important that could be critical between whether or not they hold you in jail or release you. We’re going to get to that from this story so you’ll learn this secret, so that you don’t end up in this GOFU situation. Spending days or weeks incarcerated for nothing, because that’s what the Gulag does, as you know. This is a case that wraps it all up into that. Evan Nappen 02:39 So, here’s this guy who comes into New Jersey, and he’s at a mall. Now, as you may know, the mall is not, in and of itself, a sensitive place, right? Those of us who have familiarized ourself, which hopefully all of you have, with these “sensitive places”. A mall is not, per se, a sensitive place. Now, there can be rules regarding malls where they say, hey, no guns in the mall. We don’t want guns, you know. And any Page – 2 – of 11 private property, whether open to the public or not, can have a prohibition privately saying we don’t want any guns here. In the same way they could say, we don’t want any dogs. We don’t want any bare feet. You know, things like that. The property owner has certain control. But if there is such a sign, if there is such a statement by a property owner, then if you come on to that property and they don’t want you on that property for a reason such as that. They can’t say, hey, we don’t allow minorities on our property. You know, they can’t. You can’t have racial discrimination in a place open to the public. But you can have other restrictions. Evan Nappen 04:07 Now, I happen to personally think that firearms should be viewed as a civil right and in the same category as discrimination, because it is a civil right. But that’s not currently how the law is. So, if a private entity prohibits gun, says no guns, then if you still go on that property and you’re specifically told to leave and don’t, then you’re what’s known as a defiant trespasser. So, what we’re talking about is trespassing, but trespassing is not a sensitive place violation. Sensitive place violations are specific gun law violations that create a certain place that becomes a prohibited area under the law to carry a gun, even if you have a permit to carry. So, this person is in the mall and apparently gets approached by mall security, who has allegedly dogs that can sniff gunpowder. Believe it or not, they’re out there. Apparently, he’s approached and they say, we think you have a gun. Please leave. And he does. No problem. He was asked to leave, and he leaves. Evan Nappen 05:30 After leaving, while in his car, driving, he gets stopped by police. More than even one because, oh, there’s a gun, right? Because, obviously, security called it in, I guess, at some point, and he was stopped. He is stopped for violating, in their minds, the sensitive place prohibition under Section 24 under Chapter 58 of the sensitive places. And what is that? What is that sensitive place that they believe he’s in violation of? Oh, New Jersey’s version of the vampire rule. The vampire rule is that you need permission before you go onto any private property. That is the issue that’s before the United States Supreme Court. The Hawaii, you know, the Woolford case in front of SCOTUS. We’re waiting for a decision. Evan Nappen 06:43 Now, Hawaii had the law just like New Jersey. The only difference is New Jersey’s vampire rule case saying that you can’t go on to private property, whether open to the public or not open to the public, you cannot go on any private property in New Jersey unless you first have permission to carry your gun there. In other words, they needed to have a sign, you know, that says we love guns. You know, basically, guns welcome. You know, guns permitted. Essentially, a sign. Or you got specific permission from the property owner before you enter the property. Hence the vampire rule. You know, as long as you don’t invite the vampire in to your place. That’s where that comes from. Evan Nappen 07:34 Well, New Jersey’s vampire rule, to impose this, you need permission first, before you can go on private property, even private property open to the public, has been found and was found unconstitutional in the Koons versus Platkin case. In Koons. And in that case, as you may recall, Judge Bump found it was unconstitutional and put an injunction on that section, saying it is unenforceable. It’s Page – 3 – of 11 unconstitutional. That any private property that is open to the public, you’re allowed to bring your gun on unless it’s otherwise a sensitive place. So, you know, if you want to go into a 7-11 with your carry gun, you can. It’s open to the public, even though it’s privately owned by 7-11. Now, if you want to go to a private residence, a private place that’s not open to the public, then you do need advanced permission for that. If you go into even your friend’s house, your friend needs to be able to say, yeah, you have permission to have your gun at my house. But not open to the public. Evan Nappen 09:00 So, the mall is open to the public. The mall is not a per se sensitive place. Yet, in this case, the basis for stopping and arresting this man or woman, I won’t even tell you what the sex is, the basis for the arrest is an alleged violation of the sensitive place section for which there is a federal injunction against enforcement. Then because somehow there’s this belief that if you are in violation of sensitive place, you’re also unlawfully carrying even though you have a carry permit, which makes absolutely no sense. There’s no logic to that. He’s charged with unlawful possession of a handgun without a carry permit, even though he has a carry permit. And, of course, with those gun charges, off to the Gulag you go. So, you are arrested, and you are put in jail. Evan Nappen 10:16 Now, the Gulag kicks in, where there’s 48 hours in which the prosecutor gets to decide whether to seek pretrial detention. It is solely within the discretion of the prosecutor. And if the prosecutor decides to seek pretrial detention, you’re going to be held for another five days before there’s a hearing when we can actually argue to get you out. And with the new law that was just signed by Murphy, they can get an additional five days to make sure that the gun is operable, to get an operability report, which is irrelevant to the charges anyway. So, by this arrest, you actually have the opportunity to be incarcerated basically for two weeks, guilty of nothing. Evan Nappen 11:08 What happened? Well, luckily, I got a call very quickly. When this person was in jail, loved ones got a hold of me. And this is on a Saturday, my friends, on a Saturday. Yeah. They do these on Saturday. They just hired me in time that I was able to get onto the court hearing 15 minutes before that first 48 hour time period, for that very first hearing where there’s no argument. The prosecutor either is going to say we’re seeking pretrial detention or not, but at least I could get on. And, lo and behold, I get on, and the prosecutor, big shock, is seeking pretrial detention, which means he’s going to be held or she is going to be held another five days or so, to have that hearing. It may be longer if they’re going to go for the operability nonsense, too. Teddy Nappen 12:11 Doesn’t Bergen County always seek pretrial detention? Evan Nappen 12:16 Well, it’s not just Bergen. And let me say this isn’t necessarily even Bergen, by the way, Teddy. But most counties have a policy of just automatically seeking pretrial detention on most gun cases. So, that’s not a big surprise. But what happens is, in this 48 hour period here, we still have the court appearance. But there’s nothing an attorney officially can do, because the prosecutor is given the sole Page – 4 – of 11 discretion. The prosecutor says, well, it’s gun charges with the Graves Act. Because, of course, the seriousness of the charge is second degree. You’re looking up to 10 years in State Prison. You’ve got a minimum mandatory three and a half years with no chance of parole. So, because of the seriousness of that offense and the Graves Act and it’s guns, we’re going to seek pretrial detention. Evan Nappen 13:13 And the court says, you know, Mr. Nappen, do you have anything that you want to add? And I say, and here’s exactly what I did them. I said, look, I understand how much discretion the prosecutor has here. Normally, we just have to wait until the hearing in order to argue. But I have to say, and I make it clear here. I say, look, my client not only had a permit to carry and why the state can’t access it, you know, they took his wallet and he can’t get to his wallet. And for whatever reason, there’s some glitch in them trying to get it out of the State Police. I don’t know why, but the very basis for his arrest was for a law for which there is an injunction, a federal injunction, that’s been upheld even by the Appeals Court. So, you have law enforcement violating a federal court injunction and charging and utilizing a statute that is enjoined from being enforced. Evan Nappen 14:19 So, in complete violation of that injunction, I make it clear that that is what is going on here with someone who has a permit, who has the lowest scores on the PSA of a one, one, that’s the lowest you can get. The PSAs are your flight risk and danger risk that they calculate into whether you’re to be released. Now they’re looking to hold them for another five to 10 days to even try to get them argued out. And at that point, the court officer actually says, well, counselor, there’s no argument here at this level. You’ll have to argue, you know, at the hearing when it gets scheduled. And I said, look, I’m not arguing anything. I said, do you know what I’m doing? I’m putting the State on notice as to the civil rights violation taking place on my client. At which time, the prosecutor says, look, we haven’t even had a chance to talk, and I said, no, we haven’t. I just got hired and got on here 15 minutes ago. Well, let’s talk. I said, okay. Evan Nappen 15:24 We had a private conference, and when we came back, I’m happy to say that the prosecutor withdrew their motion for pretrial detention. My client got out of jail that day, and now we will fight these charges. I’m extremely confident in how that fight is going to go as well. So, folks, what are the takeaways? Look at the risk you’re running. Look at the utter and complete failure of the Attorney General of New Jersey to inform law enforcement as to the changes in the law by these court actions. Why are the police charging an offense which has been enjoined? Police should know better, but I’ll tell you what else. The Attorney General should be instructing, the way they’ve done so many other times on so many other things, to all law enforcement, explaining how that sensitive place has been enjoined. And how on public property, it is not a sensitive place where you need prior permission under the vampire rule. This hasn’t been done. So, you have what is essentially a false arrest taking place. Evan Nappen 17:06 You have a system designed to incarcerate gun owners. It is outrageous, and you need to know that this what you’re up against. So, what do you need to do to protect yourself? Where’s the GOFU aspect? Well, let me tell you something that would be really important. Here’s what everybody should Page – 5 – of 11 do. Make sure your carry permit, make sure your gun licenses, are also, copies are given to your loved ones. People you can count on. Because if you get incarcerated and your wife or your parents or your brother is calling me and if they can get me copies of your carry permit or gun license that you otherwise can’t access, I can get that to the prosecutor. There doesn’t have to be a dependency for somehow getting it out of the State Police in time. Or finding it in some wallet that’s been confiscated and held in evidence in some other place, in some other room, somewhere else. That can be of great assistance, immediate assistance, in addressing your arrest and avoiding further gulaging of you. So, make sure. The takeaway is to make sure that folks that care about you, that would be the people you would go to if you had a problem, that they can provide and have access to copies of your gun licenses. That would be incredibly important. The other thing is make sure you have an attorney that you can get a hold of right away. An attorney that can come to your aid, argue, to get you out on a Saturday where time is of the essence. Those are the takeaways that are critical from this experience. Evan Nappen 19:08 Let me tell you, the GOFU has taken on a life of its own, and I’m glad about it. I have here a listener who sent a GOFU that they wanted to make our other listeners aware of, and I appreciate that. They asked that I not use a name, but here’s the GOFU letter. It says, I have a GOFU for you. It’s important for people to know to do this, so please share it on your show. This past fall, I planned a trip to Western New York to visit my family. I have a New Jersey PTC, also a PA PTC. I really like to have my gun along on trips with the highway driving. So, I asked a few guys at the shooting range what I should do with the gun when I got to New York state line. They told me to stop at a rest stop before I enter the state, put the unloaded gun in a car safe, and I should be good. That’s what I did. When I reached my destination, I told my family I had brought it, since they like guns, and they absolutely freaked out. They told me, the police would arrest me. It was illegal to bring a gun into a destination in New York. I better bring it in the house and keep it hidden. And hide it really well on the drive back. They really got me worried. So worried, in fact, I couldn’t get to sleep. So, I checked New York gun laws, and sure enough, she was correct. I was scared and felt terrible. I was incriminating my family members. Needless to say, the gun and the safe box and its cable were very hidden on the way back. I was careful not to break any speed limits. You can sum it up this way, but my takeaway is you have to do your own research before you take your gun out of state. Otherwise, you might end up in jail, and I’m very thankful that I didn’t. Evan Nappen 20:50 This is very true. State lines mean something. Now, here’s where the GOFU was. The GOFU was not following Title, 18, 926A thoroughly. That’s the federal preemption that lets you transport interstate. You have to be going from one place where you lawfully can possess and carry to another place. Your end destination has to be a place where you can lawfully possess and carry. Since New York does not recognize New Jersey’s permit or Pennsylvania’s permit, and unless you have a New York non-resident permit, that will not cover you. So, bringing your cased and unloaded gun into New York, now you’re possessing a handgun in New York, and you don’t have the protection of federal preemption. That’s the problem. Page – 6 – of 11 Evan Nappen 21:42 And it is a GOFU. This person is absolutely right. Make sure you know the laws. Make sure you clear it with counsel, so that you do not end up a GOFU. Because if that person had been stopped in New York with that handgun while in New York, they would face dire consequences. So, know the gun laws. Know the state laws. Do your research. Best bet? Well, you can always ask me, that’s one thing you want to do. Get my book, New Jersey Gun Law. I’ll shamelessly plug my book right now, because right in my book is a chapter on how to properly interstate transport, right in there on transportation of guns. What you need to know. Go to EvanNappen.com and get your copy of my book, New Jersey Gun Law. It’s the bible of New Jersey gun law. That’s the kind of stuff you need. That’s the kind of information you must have. That’s what you need to do. You cannot take these things lightly, because the consequences can be dire, and we see it. So, I appreciate this GOFU. I appreciate it being pointed out. These are real people experiencing the horrors of gun laws that are designed to ruin people’s lives and to turn law-abiding citizens into criminals. To oppress our Second Amendment rights. That’s all these laws do. You’ve got to protect yourself, folks. Learn from these tips and learn from these cases so you don’t become the next GOFU. Evan Nappen 23:16 Hey, let me tell you about our friends at WeShoot. WeShoot is an range indoor range in Lakewood, New Jersey. The range where Teddy and I both shoot. We love WeShoot. Great training. Great range facilities. Great pro shop, and a great bunch of folks. This week they’re running some great specials. They have the Chiappa Rhino 60DS, which is a futuristic revolver with its low bore access design. It’s kind of cool. It delivers, you know, reduced recoil because of that and fast follow up shots. They’ve got a Mossberg Gold Reserve Sporting shotgun. It’s an over and under, built for clay and field. It has engraving, premium walnut, and it’s competition ready. It’s a beautiful gun. Check out the Mossberg Gold Reserve Sporting. They also have a Springfield Prodigy Comp gun, comp gun. A modern double-stack 1911-style performer. It has an integrated compensator, and it’s optics ready. It has serious speed for duty or competition. Check out that Springfield. And you can also check out Sarah Sablom. She is on the hunt for a perfect carry gun. You can check out one of these WeShoot girls there. Go to weshootusa.com for their great website with amazing photography. They’re running great deals. They look forward to helping you and making you part of the WeShoot family. Go to weshootusa.com. Evan Nappen 25:05 Let me also mention our friends at The Association of New Jersey Rifle & Pistol Clubs, who just recently, through my friend and colleague, Dan Schmutter, argued in the Coons case at the Appellate level. And we’re looking good. I’m cautiously optimistic. And that’s your Association at work in the courts, fighting the Carry Killer bill. They’re also fighting the assault firearm ban and the large capacity magazine ban. You need to be a member. Go to anjrpc.org. Make sure you belong to your state Association. They are the gun rights defenders for New Jersey. You’ll get a great emails of what’s going on. You’ll get the alerts. You’ll know that you’re part of the solution and helping to fight the gun rights oppressors in New Jersey. Go to anjrpc.org and join today. Teddy, what do you have for us today in Press Checks? Page – 7 – of 11 Teddy Nappen 26:08 Well, as you know, Press Checks are always free, and this is something I want people to understand. We cannot take our foot off the gas when it comes to fighting the good fight for our rights. Because, look, we have had a lot of great victories when it comes to Second Amendment, to the conservative movement, and to getting the word out there, thanks to Alternative tech. But the Left are slowly trying to crawl back their power. What do I mean by that? Well, our friends at Bearing Arms did an article. Cam Edwards says, NBC decided to give a platform to the anti-gun activists. (https://bearingarms.com/camedwards/2026/02/10/nbcs-today-show-gives-anti-2a-activist-platform-for-propaganda-n1231508) Oh, gee, what a shocker! Teddy Nappen 26:59 It was Nicole Hockley out of the Sandy Hook Promise. You know, another one of Bloomberg’s groups who called in to demonetize online influencers in the 2A space. You know, someone like you and I, Dad. You know, people like a Brandon Herrera or Grantham, Mr. Gunzing. You know, any individual who is a pro-gun influencer they want to demonetize. That’s their call to action. I love the framework that she abuses in this. Sandy Hook and the group called Untargeting Kids, a call for platform transparency, putting parents back in charge of firearm safety. You know, whenever I hear the Democrats try to say, we need to stand on parents rights, it’s always comes down to oh, when it comes to firearm safety. But, you know, when it is hardcore pornography being offered to children, oh, that’s fine. Or, you know, a drag queen story hour. Oh, that’s fine. But oh no, when it comes to firearms, we need to give it back to the parents. So, they were trying to, yeah, they were trying to run this experiment, testing YouTube accounts mimicking a nine to 14 year old. Evan Nappen 28:21 Wait. Are you telling me that the Left are hypocrites? Teddy Nappen 28:26 Oh, well, as the saying goes. Evan Nappen 28:28 I don’t know about that. Teddy Nappen 28:30 As the saying goes, they only have double standards, or they would not have any standards at all. Evan Nappen 28:37 Exactly. Teddy Nappen 28:39 That’s how it always is with them. Whenever you see the term parental rights, you can see in the very corner, TM. It’s their version. Not when it comes to gender ideology, not when it comes to abortion, not when it comes to any other thing, but parents rights, TM. That’s their abuse of the language. Did you ever hear the word Democracy, TM. Or Second Amendment, TM. That is their version. Not what we know to be fact and truth. It’s their version. But anyways. So, they ran this experiment, which, you Page – 8 – of 11 know, these experiments can easily be debunked just by the abuse of algorithms. But whatever. We will say, for the sake of argument, we will say this data is true. So, they ran this experiment, and then 14 year old received 1300 firearm-related video recommendations after watching video games and movies that included firearm content. So, you know, a kid watches a bunch of Let’s Plays on Call of Duty, and then all a sudden, he gets a breakdown of an unboxing of a ACOG scope or something stupid. It’s one of those where they’re trying to make this argument, this very weak argument, on saying, oh, these videos are being monetized to target advertising, targeting our children. So, if a kid is interested in firearms, what is the problem with that? Why? He gets bombarded with tons of movies on all forms of graphic violence that goes into that. Then all of a sudden, it comes up with ad on any other influencer regarding firearm breakdown, because that’s the goal. They want you to get engagement. That’s it. And then I love this one. 54% of boys from 10 to 17 report sexually charged firearm content. Now, they do not define what sexually charged firearm content is. Evan Nappen 30:40 What is sexually charged firearm content? What is that? Teddy Nappen 30:43 It’s called we made it up! Because they love to just define terms. Evan Nappen 30:52 They just threw sex with guns, and don’t define it. Teddy Nappen 30:55 Correct. It’s just, and by the way, they don’t list any of the materials that was reviewed by the bots. Evan Nappen 31:02 Wait, it sounds like ammosexuality. Teddy Nappen 31:05 I know. Yeah, it is the hopalosexual all over again. Evan Nappen 31:10 What is that? That’s really interesting. Teddy Nappen 31:12 Yeah, and they don’t list any of the video game content that was reviewed. It doesn’t list any of the movies reviewed or the TV shows. Oh, because they don’t want to show the sexually graphic material that is pushed by the Left. You know, that’s why, you know, ask them. Evan Nappen 31:28 They should list it. They should list all that so that we could carefully review it, Teddy. Teddy Nappen 31:32 Well, unfortunately. Page – 9 – of 11 Evan Nappen 31:34 All these sexual . . . Teddy Nappen 31:37 I know, right? I love, and then she goes on where they’re forming the sense of self-identity that the get, that getting, they’re getting content that is talking about firearms makes you powerful. Firearms makes you sexually attractive. Firearms are the way to solve your conflict. Firearms are used to solve very certain conflicts. You know, when defending yourself against a rapist or a pedophile. You know, in certain situations, it’s a very good solution. It’s not a magic wand, but it solves certain issues. But there’s more. They like to always equate, like, oh, why do you need a gun? Because your penis is small? Like, it’s one of the small ones. Like, it’s that. They always do that. We’re like, what does that have to do with the aspect of your rights to defend yourself? Like that is the goal that they always try to play. And then she goes off on this whole thing of, we need to demonetize this. We need to review this content and look at the algorithms of YouTube transparency on firearms. And there must be. We need to sense. It goes. This long-winded conversation is just, we need to have time to deletion for videos for unsafe handling of firearms. What’s unsafe? Oh, there’s a firearm in the video. It’s just that. It’s just we need it. That censorship is not our goal, though. Yes, it is. Evan Nappen 33:06 I’ll tell you what. Here’s where I’ll take them up on it. Before any movie or TV show where a gun is improperly handled, you know, shows produced by all these major media producers, just have a warning. Just the way they warn about profanity, and they warn about smoking. Put a warning that says “unsafe firearm use is in this movie”. Unsafe firearm use. Do you know how many times we’ll see that? Because the Left media is the largest actual demonstrator of unsafe and unlawful use of firearms. It’s not conservatives. It’s the opposite. And so, let’s see those warnings. That way people suddenly say, wow, look how many times firearms are abused, used improperly and used illegally in the movies? I mean, if you can warn about smoking, you should be able to warn about that. Just put it. Don’t, don’t, don’t suppress it. Don’t try to have prior restraint or ban it, the showing of any of these movies. Just put the warning up front, and let people see just what’s being promoted by Hollyweird. Teddy Nappen 34:33 Well, and also, Hollyweird promotes all the sexual deviancies, where they push it on children. Where you have, you know, children have access to now hardcore pornography all across the internet, thanks to YouTube. Thanks to social media. Like, the level of it’s so disingenuous. Making this argument that we need to protect our children. Except when it comes to the LGBTQAI+ in schools, when it comes to all the other things that they want to sexually groom children. But, oh, firearm content, that’s the issue. When you get down to it, this is what they want. They want the 2019, they want the Biden Administration censorship. Where, right here, out of the House Judiciary Committee where the chairman approves and shows, oh, Google was pressured by the Biden administration to censor Americans. (https://www.pbs.org/newshour/politics/zuckerberg-says-the-white-house-pressured-facebook-to-censor-some-covid-19-content-during-the-pandemic) Page – 10 – of 11 Evan Nappen 35:30 That’s right. This is a really good point. They went after our First Amendment rights, just like the Second Amendment, and we lived through a period of Government censorship attempts that, when you look back, it was, it’s absolutely disgusting, what they pulled and what they were able to accomplish, even in achieving it, Teddy. It’s just insane. You would never think that could happen in America, because originally, the Left was for free speech. The Free Speech Movement was the Left, and now that’s no longer the case. They want the opposite. They don’t want free speech. Oh, hell no. But it used to be part of what true liberals, not today’s progressive, totalitarian liberals want, so-called. No, the classic liberal was absolute free speech, true, and they’ve abandoned that. They’ve abandoned it. Teddy Nappen 36:41 Well, it comes back to the idea of what the Left always does. They have no moral framework. The idea of, oh, what feels good? What is the cultural shift? What is the shifting ideology currently? Where you now have these massive purity tests on the Left, and that’s why they’re in a shooting war against each other as to who controls the party. But to even highlight this fact, Mark Zuckerberg said and admitted to the White House, yeah, I was pressured by the White House to censor people during Covid, over Covid 19 content. Doctors admitting all the false information that was out there. Bring that up. Completely censored off of Facebook, off of YouTube, all these platforms. X. You remember, you remember the Twitter files. Musk is releasing them weekly, showing the insidious combination of Government and censorship on the public square. This is what the Left wants. They are so upset that they have lost their ministry of truth. You remember that push? Evan Nappen 37:51 And they want to, right, and they want to use the same techniques to oppress the Second Amendment. It’s all part of the game plan. Teddy Nappen 38:02 Yeah. Evan Nappen 38:03 Well, Teddy, I appreciate you pointing this out, and I’m sure our listeners do as well. Let me tell you, we had a three round burst for GOFUs, and we only got two of the rounds out. Let me end here with the GOFU number three. And again, we saw this in action. These are actual cases, actual realities. I had a fellow client give me a call and say, hey, they were in court and they didn’t have counsel. Their guns were taken in an allegation of a so-called domestic violence, in which everything got dismissed. But there was an outstanding criminal charge that’s unfounded and going to the court. The so-called victim does not want to proceed. Does not want to proceed. So, what does the prosecutor do? The prosecutor tells this person, look, we’re going to downgrade this to a noise ordinance. Okay? So, it’s no longer in the category of domestic violence. If it stayed in that DV category, it makes you the equivalent of a convicted felon under federal law, and you’re banned from guns. The prosecutor said this way, with it as a noise ordinance, you’re fine. You’ll be perfectly fine. This will not affect your gun rights. Page – 11 – of 11 Evan Nappen 39:52 Now, this is a person who doesn’t have a lawyer. Who’s listening to the prosecutor, who is telling them they can plead this down to an ordinance. When the State’s key witness does not want to proceed and knows that the allegations that were made were not true and knows that it needs to be dropped. So, normally, the thing is, dismiss it straight out, because the complainant, the complaining witness, is not going to be real good for your case here. Okay? We all kind of see that, and it needs to go. But instead, the prosecutor is trying to convince this person to take this ordinance and pay a fine, get an ordinance hit, and saying that it won’t affect their gun rights. Evan Nappen 41:02 Here’s the deal, folks. It does affect your gun rights. You see, when a prosecutor says it doesn’t affect gun rights, that prosecutor is not representing you. They’re representing the State. They’re representing the Government. And if you don’t have counsel to explain to you the actual ramifications and you try to believe this, you know, however well intentioned it may have been, they failed to mention here that, yeah, it’s not a per se disqualifier, meaning, like being a convicted felon or having a conviction for domestic violence, sure, where you’re just out of the box. You’re done. But the reality in New Jersey is that if you plead to even this dopey ordinance for noise, you now have a conviction for an ordinance that started out as a domestic violence charge. Then when you try to apply to get a new pistol purchase permit or renew your carry permit or do a change of address on your Firearm’s ID Card, they go, oh, public health, safety, and welfare. That’s what they’re going to use to deny your application. Public health, safety, and welfare. Based on character, temperament. You know, I call that disqualifier the all-inclusive miscellaneous weasel clause, because that’s where the abuse of discretion comes in. And if you were to fall for this, oh, plead to the ordinance, it won’t affect your gun rights. Wait and see. Because now that comes up on your record and it links to the original charges, those police reports and all. And you ended up taking a plea, which has this appearance that you were guilty of something, and that’s why you pled. It sure as hell can affect your gun rights. So, friends, the takeaway is this. The GOFU is when you’re dealing on any criminal charge, make sure you have counsel that understands the gun laws and don’t try to rely on what a prosecutor may be telling you about how your rights will or won’t be affected. Evan Nappen 43:20 This is Evan Nappen and Teddy Nappen reminding you that gun laws don’t protect honest citizens from criminals. They protect criminals from honest citizens. Speaker 2 43:30 Gun Lawyer is a CounterThink Media production. The music used in this broadcast was managed by Cosmo Music, New York, New York. Reach us by emailing Evan@gun.lawyer. The information and opinions in this broadcast do not constitute legal advice. Consult a licensed attorney in your state. Downloadable PDF TranscriptGun Lawyer S5 E277_Transcript About The HostEvan Nappen, Esq.Known as “America's Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Author of eight bestselling books and countless articles on firearms, knives, and weapons history and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades — it's no wonder he's become the trusted, go-to expert for local, industry and national media outlets. Regularly called on by radio, television and online news media for his commentary and expertise on breaking news Evan has appeared countless shows including Fox News – Judge Jeanine, CNN – Lou Dobbs, Court TV, Real Talk on WOR, It's Your Call with Lyn Doyle, Tom Gresham's Gun Talk, and Cam & Company/NRA News. As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists. He also provides expert testimony and consultations for defense attorneys across America. Email Evan Your Comments and Questions  talkback@gun.lawyer Join Evan's InnerCircleHere's your chance to join an elite group of the Savviest gun and knife owners in America.  Membership is totally FREE and Strictly CONFIDENTIAL.  Just enter your email to start receiving insider news, tips, and other valuable membership benefits.   Email (required) *First Name *Select list(s) to subscribe toInnerCircle Membership Yes, I would like to receive emails from Gun Lawyer Podcast. (You can unsubscribe anytime)Constant Contact Use. Please leave this field blank.var ajaxurl = "https://gun.lawyer/wp-admin/admin-ajax.php";

Corporate Crime Reporter Morning Minute
Thursday February 12, 2026 Boeing Criminal Case Appellate Hearing

Corporate Crime Reporter Morning Minute

Play Episode Listen Later Feb 12, 2026 1:00


Thursday February 12, 2026 Boeing Criminal Case Appellate Hearing by Russell Mokhiber

H&P Disability Direct - Live Answers on the Road to VA Compensation
SMC Half Steps, C&P Exams, Caregiver Program & Many More: Attorney Usrula Mecabe and Senior Appellate Counsel Kerry Baker Answer Veterans' Questions – Hill and Ponton Q&A 02.10.26

H&P Disability Direct - Live Answers on the Road to VA Compensation

Play Episode Listen Later Feb 10, 2026 54:59


Join in our Live VA Disability Q&A Session in which we answer your questions live. We can't get to every single question so we will answer them as they come in. If you have any questions about the VA Disability Benefits process you can ask the question in the comment section when we go live and a little earlier. We are nationwide VA Accredited Disability Lawyers. We can't wait to answer your questions!For a FREE Case Evaluation go here: https://www.hillandponton.com/free-ca...Visit our website at https://www.hillandponton.com/?utm_so...Like us on Facebook at www.facebook.com/HillandPontonFor questions please email us at Info@hillandponton.comSpeakers: Attorney Ursula MecabeSenior Appellate Counsel Kerry BakerThe content of this YouTube channel is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this YouTube channel for legal advice. Viewing this YouTube channel is not intended to and shall not create an attorney-client relationship between you and Hill and Ponton, PA. Messages or other forms of communication that you transmit to this YouTube channel will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Hill and Ponton, PA does not make any representation, warranty, or guarantee about the accuracy of the information contained in this YouTube channel or in links to other YouTube channels or websites. This YouTube channel is provided "as is," does not represent that any outcome or result from the viewing of this channel. Your use viewing of this YouTube channel is at your own risk. You enjoy this YouTube channel and its contents only for personal, non-commercial purposes. Neither Hill and Ponton, PA, nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.

Peter's Proffer with Peter Tragos
Charlie Adelson Appellate Oral Argument - Fireworks From Hot Bench + Ineffective Counsel Shots Fired

Peter's Proffer with Peter Tragos

Play Episode Listen Later Feb 9, 2026 83:45


Hidden Killers With Tony Brueski | True Crime News & Commentary
Banfield's Last Chance: What His Appeal Will Argue and Why It Probably Won't Work

Hidden Killers With Tony Brueski | True Crime News & Commentary

Play Episode Listen Later Feb 4, 2026 19:10


 Life without parole. In Virginia, that's not a figure of speech. There's no parole board, no time off for good behavior, no path out. Brendan Banfield is 40 years old. Barring something extraordinary on appeal, he will die in a state prison.So what does "extraordinary" look like? Defense attorney Bob Motta is here to explain what Banfield's appellate team is actually going to argue — and why most of it faces near-impossible odds.First, let's be clear about what appeals are and aren't. They're not about whether the jury got it wrong. Appellate courts don't retry cases. They look for legal errors — things the judge did that violated the defendant's rights or tainted the proceedings. Banfield's team will argue several things: that Juliana's deal was too coercive, that evidence was buried, that the digital forensics fight was mishandled.Bob breaks down each argument and its chances. The au pair deal is a tough sell — courts generally allow cooperating witness agreements as long as juries know about them, and this jury knew. The digital evidence angle is more interesting — the prosecution's own forensic guy got reassigned when his findings didn't match their theory. If the defense can prove something was withheld, that's a potential Brady violation. But proving it and getting a new trial are two different things.The biggest obstacle is "harmless error." Even when something goes wrong, courts routinely say the outcome would've been the same anyway. Getting past that barrier after a jury heard weeks of testimony is brutally hard. Bob doesn't sugarcoat the odds.#BrendanBanfield #BanfieldAppeal #LifeWithoutParole #VirginiaAppeals #BobMotta #ChristineBanfield #BradyViolation #CriminalJustice #HiddenKillers #AppellateProcessJoin Our SubStack For AD-FREE ADVANCE EPISODES & EXTRAS!: https://hiddenkillers.substack.com/Want to comment and watch this podcast as a video? Check out our YouTube Channel. https://www.youtube.com/@hiddenkillerspodInstagram https://www.instagram.com/hiddenkillerspod/Facebook https://www.facebook.com/hiddenkillerspod/Tik-Tok https://www.tiktok.com/@hiddenkillerspodX Twitter https://x.com/tonybpodThis publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

My Crazy Family | A Podcast of Crazy Family Stories
Banfield Appeal — Can He Overturn Life Without Parole? Bob Motta Answers

My Crazy Family | A Podcast of Crazy Family Stories

Play Episode Listen Later Feb 4, 2026 19:10


Brendan Banfield is facing life without parole. He's 40 years old. Unless something changes on appeal, he dies in a Virginia prison. Tonight on Hidden Killers Live, defense attorney Bob Motta breaks down what comes next — and whether any of it has a real chance of working.Appeals aren't about whether the jury got it wrong. Appellate courts don't retry cases. They look for legal errors the judge made that affected the outcome. Banfield's team has several potential arguments, and we're examining each one live with your questions.The Juliana deal is one angle. Murder dropped to manslaughter, time served, she walks free after testifying against him. The defense will argue that's so coercive it taints her testimony. Bob explains why courts rarely buy that argument — but also what makes this case potentially different.The digital forensics fight might be more promising. The prosecution's own investigator got pulled off the case when his findings didn't match their theory. If evidence was suppressed, that's a Brady violation — one of the few things that can actually overturn a conviction. But proving suppression and proving it mattered are two different legal battles.Bob also tackles the "harmless error" doctrine — the standard that kills most appeals by letting courts acknowledge mistakes but say they wouldn't have changed the verdict anyway. How do you get past that when a jury heard weeks of testimony?Join us live as we break down Banfield's appellate options and take your questions about what happens next.#BrendanBanfield #BanfieldAppeal #HiddenKillersLive #BobMotta #LifeWithoutParole #VirginiaAppeals #BradyViolation #TrueCrimeLive #CriminalAppeals #LivePodcastJoin Our SubStack For AD-FREE ADVANCE EPISODES & EXTRAS!: https://hiddenkillers.substack.com/Want to comment and watch this podcast as a video? Check out our YouTube Channel. https://www.youtube.com/@hiddenkillerspodInstagram https://www.instagram.com/hiddenkillerspod/Facebook https://www.facebook.com/hiddenkillerspod/Tik-Tok https://www.tiktok.com/@hiddenkillerspodX Twitter https://x.com/tonybpodThis publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

H&P Disability Direct - Live Answers on the Road to VA Compensation
C&P Exam, Toxic Exposures, Aid and Attendance & Many More: Senior Appellate Counsel Kerry Baker Answers Veterans' Questions – Hill and Ponton Q&A 01.27.26

H&P Disability Direct - Live Answers on the Road to VA Compensation

Play Episode Listen Later Feb 3, 2026 50:52


~Chat opens 1 hour before stream and we will only be answering 4 part or less questions (all larger questions will be turned into a short and released at a later date)~Here is the link to the Williams Waiver https://www.hillandponton.com/wp-content/uploads/2025/05/Waiver-example.pdfVA Disability Calculator is here https://www.hillandponton.com/va-disability-calculator/Struggling to get the benefits you know you deserve? Get a free case evaluation now! - https://www.hillandponton.com/free-case-evaluation?utm_source=youtube&utm_medium=organic-video&utm_campaign=description&utm_id=Livestream+ShowJoin in our Live VA Disability Q&A Session in which we answer your questions live. We can't get to every single question so we will answer them as they come in. If you have any questions about the VA Disability Benefits process you can ask the question in the comment section when we go live and a little earlier. We are nationwide VA Accredited Disability Lawyers. We can't wait to answer your questions!For a FREE Case Evaluation go here: https://www.hillandponton.com/free-ca...Visit our website at https://www.hillandponton.com/?utm_so...Like us on Facebook at www.facebook.com/HillandPontonFor questions please email us at Info@hillandponton.comSpeakers: TBAThe content of this YouTube channel is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this YouTube channel for legal advice. Viewing this YouTube channel is not intended to and shall not create an attorney-client relationship between you and Hill and Ponton, PA. Messages or other forms of communication that you transmit to this YouTube channel will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Hill and Ponton, PA does not make any representation, warranty, or guarantee about the accuracy of the information contained in this YouTube channel or in links to other YouTube channels or websites. This YouTube channel is provided "as is," does not represent that any outcome or result from the viewing of this channel. Your use viewing of this YouTube channel is at your own risk. You enjoy this YouTube channel and its contents only for personal, non-commercial purposes. Neither Hill and Ponton, PA, nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.

Oklahoma Appeals - The Podcast
Episode 059: Oklahoma Appellate Courts 2025 Update #6

Oklahoma Appeals - The Podcast

Play Episode Listen Later Jan 18, 2026 64:11


Send us a textGabe and Jana discuss the following cases:2025 OK 79, 579 P.3d 728, 11/03/2025, ALLSTATE v. HON. LARA RUSSELL and WEDIN AND UTZIG2025 OK 80, 579 P.3d 724, 11/03/2025, CORYELL ROOFING & CONSTRUCTION, INC. v. BURGESS FARMS, LLC2025 OK 81, 11/12/2025, In the Matter of the Estate of Linzy Hill, Deceased, Brightwater Capital, LLC v. Hill2025 OK 82, 11/12/2025, STITT V. DRUMMOND2025 OK 84, 11/18/2025, FLORETTA FRANKLIN, as mother and next of kin to LATOYA PERRY v. OU MEDICINE, et al.2025 OK 85, 11/18/2025, LARRY AUSTBO, Surviving Spouse of MARILYN AUSTBO, Deceased, v. GREENBRIAR, et al.2025 OK 86, 11/25/2025, BROOKE v. REED2025 OK 87, 11/25/2025, LAWSON v. LeFLORE CO. DETENTION CENTER PUBLIC TRUST SECURITY COMM.2025 OK 89, 12/09/2025, IN THE MATTER OF THE ESTATE OF MELISSA EVANS, DECEASED. JOSHUA EVANS v. GREER2025 OK 91, 12/16/2025, REV. DR. MITCH RANDALL, et al. v. LINDEL FIELDS, et al.

Defense Diaries
The Docket Ep. 1037: Richard Allen's Appellate Brief Recap

Defense Diaries

Play Episode Listen Later Jan 14, 2026 155:33


Ali and Andrea Burkhart get together to recap and discuss the defense's appellate brief in the case of Indiana v. Richard AllenSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Defense Diaries
The Docket Ep. 1037: Richard Allen's Appellate Brief Recap

Defense Diaries

Play Episode Listen Later Jan 14, 2026 155:33


Ali and Andrea Burkhart get together to recap and discuss the defense's appellate brief in the case of Indiana v. Richard AllenSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

The California Appellate Law Podcast
New Civ Pro Rules for 2026

The California Appellate Law Podcast

Play Episode Listen Later Jan 7, 2026 35:12


California's New Legal Rules for 2026: AI, Photo Proof of Service, and Simpler Statements of DecisionNew statutes and court rules taking effect in 2026 and 2027 will change how California lawyers serve papers, preserve appellate issues, and disclose their use of artificial intelligence. Appellate attorneys Tim Kowal and Jeff Lewis focus on what actually matters in practice—what to fix now, and where the new traps are likely to appear.The big changes:AI in the Courts: Rule of Court 10.430 requires courts to either ban AI use by judicial officers and research attorneys or adopt a formal AI policy with verification and disclosure requirements. Expect cautious policies, broad disclosures, and little tolerance for “the AI did it” excuses.One Deadline for Statements of Decision: AB 515 eliminates the short-trial/long-trial distinction. If you want a statement of decision, you must request it before submitting…and you should do it in writing.Other changes worth noting:Photo Proof of Service: Starting January 2027, AB 747 requires process servers to document service attempts with photographs showing GPS coordinates and timestamps.Court Reporter Disclosure: AB 711 requires meet-and-confer declarations to disclose whether court reporter attendance was discussed and the outcome.Electronic Service Authorized: SB 85 allows courts to approve service by email or electronic means when traditional service fails.Expanded Mediation Authority: Courts may order mediation in cases up to $75,000 if at least one party requests it and no discovery disputes are pending.AI Disclosure in Bankruptcy Court: The Southern District of California Bankruptcy Court now requires disclosure of AI tools used and certification of independent accuracy review.Listen now to understand what to change in your templates and where the next procedural missteps are waiting.

H&P Disability Direct - Live Answers on the Road to VA Compensation
Special Monthly Compensation, C&P Exam, Traumatic Brain Injury & Many More: Attorney Rachel Cheek and Senior Appellate Counsel Kerry Baker Answer Veterans' Questions – Hill and Ponton Q&A 01.06.26

H&P Disability Direct - Live Answers on the Road to VA Compensation

Play Episode Listen Later Jan 6, 2026 60:00


Join in our Live VA Disability Q&A Session in which we answer your questions live. We can't get to every single question so we will answer them as they come in. If you have any questions about the VA Disability Benefits process you can ask the question in the comment section when we go live and a little earlier. We are nationwide VA Accredited Disability Lawyers. We can't wait to answer your questions!For a FREE Case Evaluation go here: https://www.hillandponton.com/free-ca...Visit our website at https://www.hillandponton.com/?utm_so...Like us on Facebook at www.facebook.com/HillandPontonFor questions please email us at Info@hillandponton.comSpeakers: Attorney Rachel CheekSenior Appellate Counsel Kerry BakerThe content of this YouTube channel is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this YouTube channel for legal advice. Viewing this YouTube channel is not intended to and shall not create an attorney-client relationship between you and Hill and Ponton, PA. Messages or other forms of communication that you transmit to this YouTube channel will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Hill and Ponton, PA does not make any representation, warranty, or guarantee about the accuracy of the information contained in this YouTube channel or in links to other YouTube channels or websites. This YouTube channel is provided "as is," does not represent that any outcome or result from the viewing of this channel. Your use viewing of this YouTube channel is at your own risk. You enjoy this YouTube channel and its contents only for personal, non-commercial purposes. Neither Hill and Ponton, PA, nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.

Oklahoma Appeals - The Podcast
Episode 058: Oklahoma Appellate Courts 2025 Update #5

Oklahoma Appeals - The Podcast

Play Episode Listen Later Jan 3, 2026 55:33


Send us a textGabe and Jana discuss the following cases:2025 OK 61, 579 P.3d 591, 09/30/2025, BARFELL v. FREEMAN HEALTH SYSTEM AND GULSHAN UPPAL, M.D., et al.2025 OK 62, 579 P.3d 602, 09/30/2025, BJORKMAN, ET AL. v. NOBLE2025 OK 63, 578 P.3d 1209, 09/30/2025, PYBAS v. THE HONORABLE JEFF CRITES2025 OK 65, 579 P.3d 622, 10/07/2025, BEVERLY THOMPSON, Next Friend of CHARLENE HUGHES, an Individual v. HEARTWAY CORPORATION2025 OK 68, 579 P.3d 636, 10/07/2025, WHITE AND WADDELL v. STITT2025 OK 72, 578 P.3d 162, 10/14/2025, ESTATE OF CUNNINGHAM, CHERYL MOORE and OK CITY COMM. FOUNDATION. v. MCCLENDON2025 OK 73, 578 P.3d 154, 10/14/2025, AMERICA'S CAR MART v. THE HONORABLE DAMON CANTRELL2025 OK 78, 579 P.3d 723, 10/28/2025, LAKE REGION ELECTRIC, et al. v. STATE, ex rel. OKLAHOMA CORP. COMMISSION, et al.

H&P Disability Direct - Live Answers on the Road to VA Compensation
Erectile Dysfunction, PTSD, CUE, Female Sexual Arousal Disorder & Many More: Attorney Ursula Mecabe and Senior Appellate Counsel Kerry Baker Answer Veterans' Questions – Hill and Ponton Q&A 12.30.25

H&P Disability Direct - Live Answers on the Road to VA Compensation

Play Episode Listen Later Dec 30, 2025 66:59


Join in our Live VA Disability Q&A Session in which we answer your questions live. We can't get to every single question so we will answer them as they come in. If you have any questions about the VA Disability Benefits process you can ask the question in the comment section when we go live and a little earlier. We are nationwide VA Accredited Disability Lawyers. We can't wait to answer your questions!For a FREE Case Evaluation go here: https://www.hillandponton.com/free-ca...Visit our website at https://www.hillandponton.com/?utm_so...Like us on Facebook at www.facebook.com/HillandPontonFor questions please email us at Info@hillandponton.comSpeakers: Attorney Ursula MecabeSenior Appellate Counsel Kerry BakerThe content of this YouTube channel is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this YouTube channel for legal advice. Viewing this YouTube channel is not intended to and shall not create an attorney-client relationship between you and Hill and Ponton, PA. Messages or other forms of communication that you transmit to this YouTube channel will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Hill and Ponton, PA does not make any representation, warranty, or guarantee about the accuracy of the information contained in this YouTube channel or in links to other YouTube channels or websites. This YouTube channel is provided "as is," does not represent that any outcome or result from the viewing of this channel. Your use viewing of this YouTube channel is at your own risk. You enjoy this YouTube channel and its contents only for personal, non-commercial purposes. Neither Hill and Ponton, PA, nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.

Defense Diaries
The Docket Ep. 1036: Richard Allen's Appellate Brief Analyzed pt.3

Defense Diaries

Play Episode Listen Later Dec 29, 2025 116:27


Ali is joined by Michael Ausbrook to continue discussing and analyzing Richard Allen's appellate brief. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Defense Diaries
The Docket Ep. 1036: Richard Allen's Appellate Brief Analyzed pt.3

Defense Diaries

Play Episode Listen Later Dec 29, 2025 116:27


Ali is joined by Michael Ausbrook to continue discussing and analyzing Richard Allen's appellate brief. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Defense Diaries
The Docket Ep.1035: Richard Allen's Appellate Brief Analyzed pt.2

Defense Diaries

Play Episode Listen Later Dec 22, 2025 100:17


Bob and Ali are joined by attorney Michael Ausbrook to continue discssing and analyzing the recently filed appeal for Richard Allen.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Defense Diaries
The Docket Ep. 1034: Richard Allen's Appellate Brief Analyzed.

Defense Diaries

Play Episode Listen Later Dec 22, 2025 244:09


Bob and Ali along with memebers of Richard Allen's defense team, discuss and analyze the recently filed appellate brief. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Defense Diaries
The Docket Ep.1035: Richard Allen's Appellate Brief Analyzed pt.2

Defense Diaries

Play Episode Listen Later Dec 22, 2025 100:17


Bob and Ali are joined by attorney Michael Ausbrook to continue discssing and analyzing the recently filed appeal for Richard Allen.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Defense Diaries
The Docket Ep. 1034: Richard Allen's Appellate Brief Analyzed.

Defense Diaries

Play Episode Listen Later Dec 22, 2025 244:09


Bob and Ali along with memebers of Richard Allen's defense team, discuss and analyze the recently filed appellate brief. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Law School
Civil Procedure Chapter Seven — Appellate Review, Erie, and Preclusion

Law School

Play Episode Listen Later Nov 23, 2025 37:50


Navigating the Complexities of Civil Procedure: A Deep DiveThis conversation delves into the complexities of the Erie Doctrine, which governs the relationship between federal and state courts in diversity cases. It highlights the foundational case of Erie Railroad v. Tompkins and discusses the constitutional limitations on federal courts regarding substantive law.In the realm of law, understanding the nuances of civil procedure is crucial for any aspiring lawyer. This blog post delves into the final critical segment of civil procedure, focusing on appellate review, the Erie doctrine, and preclusion. These elements are foundational for success in exams and real-world applications, demanding a disciplined sequential analysis.Appellate Review: The Path to Correctness Appellate review is a cornerstone of the legal process, ensuring that decisions are made correctly. It involves a multi-step framework, applying rules from statutes and major Supreme Court precedents. The final judgment rule, as outlined in 28 USC section 1291, is pivotal, granting jurisdiction to courts of appeals only from final decisions. This principle prevents piecemeal appeals, maintaining efficiency in the legal system.The Erie Doctrine: Balancing State and Federal Power The Erie doctrine is a complex area of civil procedure, defining the power dynamic between federal and state courts. It mandates that federal courts apply state substantive law and federal procedural law in diversity cases. The doctrine's twin aims are to prevent forum shopping and ensure the equitable administration of laws. Understanding this doctrine is essential for navigating the intricacies of civil procedure.Preclusion: Ensuring Finality in Litigation Preclusion, encompassing claim and issue preclusion, is vital for maintaining the finality of judgments. Claim preclusion prevents parties from relitigating claims that were or could have been raised in a previous action. Issue preclusion bars the re-litigation of specific issues decided in a prior case. These doctrines ensure that once a case is decided, it remains resolved, promoting stability in the legal system.The Interconnected System of Civil Procedure Civil procedure is an interconnected system, balancing competing values of justice and finality. As you prepare for exams or practice law, remember the importance of a disciplined approach. Understanding appellate review, the Erie doctrine, and preclusion will equip you with the tools needed to navigate the legal landscape effectively.Subscribe now to stay updated on the latest insights in civil procedure and other legal topics.TakeawaysThe Erie Doctrine is a critical area of civil procedure.It defines the relationship between federal and state courts.Federal courts must apply state substantive law in diversity cases.The Erie Doctrine emerged from Erie Railroad v. Tompkins.Federal courts cannot create their own substantive law.The 10th Amendment plays a key role in this dynamic.State law governs areas like contract, tort, and property law.The Rules of Decision Act is essential to understanding this issue.The shift from federal common law to state law was significant.Understanding the Erie Doctrine is essential for legal practitioners.Erie Doctrine, federal courts, state law, diversity jurisdiction, civil procedure

The Sidley Podcast
SCOTUS in Session: Tariffs, the “Shadow Docket,” and Executive Power

The Sidley Podcast

Play Episode Listen Later Nov 4, 2025 58:48


The Supreme Court of the United States is back in session with a blockbuster docket that could shift the levers of power in America. Issues range from the scope of executive authority, and the role of the federal government, to the power of the lower courts in resolving executive power disputes. As cases on the so-called “shadow docket” pile up, some district judges are speaking out, raising concerns about risks to the high court's legitimacy. Meanwhile, the business world is watching and waiting for a decision on the administration's tariff-setting power that could shake the global economy.Have the courts provided sufficient guardrails, what limits can Congress impose — and will those checks and balances last? Will SCOTUS rein in the administration's tariff strategy? And how should businesses respond? Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm's thought leaders on these issues — Kwaku Akowuah and Tacy Flint, the co-leaders of Sidley's Supreme Court, Appellate, and Litigation Strategies practice. Together, they discuss the monumental cases of the Supreme Court's last term, the majority's backing of executive power over the federal bureaucracy, and the court's use of the emergency docket.  Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.

Oklahoma Appeals - The Podcast
Episode 057: Oklahoma Appellate Courts 2025 Update #4

Oklahoma Appeals - The Podcast

Play Episode Listen Later Oct 17, 2025 50:38


Send us a textGabe and Jana discuss the following cases: 2025 OK 41, 06/09/2025, IN RE: AMENDMENT TO RULE 1.33 OKLAHOMA SUPREME COURT RULES2025 OK 51, 08/20/2025, DISCIPLINARY PROCEEDING2025 OK 26, 567 P.3d 1022, 04/22/2025, COUCH v STATE OF OKLAHOMA ex rel. DEPT. OF PUBLIC SAFETY2025 OK 29, 568 P.3d 589, 04/29/2025, LUNN v. CONTINENTAL MOTORS, INC. et al.2025 OK 34, 572 P.3d 1026, 05/28/2025, Bailey v State of Oklahoma ex rel. Service Oklahoma2025 OK 35, 05/28/2025, Flintco, LLC v Total Installation Management Specialists, Inc. et al.2025 OK 36, 571 P.3d 114, 05/28/2025, Oklahoma State Department of Health v Oklahoma County Criminal Justice Authority2025 OK 42, 06/17/2025, THE ICON AT NORMAN APTS, LP v. DOUGLAS WARR, CLEVELAND COUNTY ASSESSOR2025 OK 43, 571 P.3d 729, 06/17/2025, OG&E Co. v. OKLAHOMA CORPORATION COMMISSION et al.2025 OK 44, 571 P.3d 135, 06/17/2025, BLACK EMERGENCY RESPONSE TEAM et al. v. DRUMMOND, WALTERS, et al.2025 OK 47, 06/24/2025, HODARA v. OKLAHOMA DEPARTMENT OF CORRECTIONS2025 OK 48, 07/01/2025, STROBLE v. OKLAHOMA TAX COMMISSION2025 OK 54, 09/09/2025, FUGATE v. STITT2025 OK 55, 09/09/2025, OBI HOLDING COMPANY, ET. AL v. SCHULTZ-BUTZBACH AND THE WORKERS' COMPENSATION COMMISSION2025 OK 56, 09/16/2025, IN RE INITIATIVE PETITION NO. 448, STATE QUESTION NO. 836; THE OKLAHOMA REPUBLICAN PARTY, et. al. v. SETTER, et. al.2025 OK 57, 09/16/2025, BAUGHMAN v. WORLD ACCEPTANCE CORPORATION, et. al2025 OK 60, 09/23/2025, OKLAHOMA ELECTRIC COOPERATIVE, et al., v. STATE ex rel. OKLAHOMA CORPORATION COMMISSION

H&P Disability Direct - Live Answers on the Road to VA Compensation
DIC, Special Monthly Compensation, C&P Exam & More: Attorney Ursula Mecabe and Senior Appellate Counsel Kerry Baker Answer Veterans' Questions – Hill and Ponton Q&A 10.14.25

H&P Disability Direct - Live Answers on the Road to VA Compensation

Play Episode Listen Later Oct 14, 2025 61:15


~Chat opens 1 hour before stream~Here is the link to the Williams Waiver https://www.hillandponton.com/wp-content/uploads/2025/05/Waiver-example.pdfVA Disability Calculator is here https://www.hillandponton.com/va-disability-calculator/Struggling to get the benefits you know you deserve? Get a free case evaluation now! - https://www.hillandponton.com/free-case-evaluation?utm_source=youtube&utm_medium=organic-video&utm_campaign=description&utm_id=Livestream+ShowJoin in our Live VA Disability Q&A Session in which we answer your questions live. We can't get to every single question so we will answer them as they come in. If you have any questions about the VA Disability Benefits process you can ask the question in the comment section when we go live and a little earlier. We are nationwide VA Accredited Disability Lawyers. We can't wait to answer your questions!For a FREE Case Evaluation go here: https://www.hillandponton.com/free-ca...Visit our website at https://www.hillandponton.com/?utm_so...Like us on Facebook at www.facebook.com/HillandPontonFor questions please email us at Info@hillandponton.comSpeakers: TBAThe content of this YouTube channel is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this YouTube channel for legal advice. Viewing this YouTube channel is not intended to and shall not create an attorney-client relationship between you and Hill and Ponton, PA. Messages or other forms of communication that you transmit to this YouTube channel will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Hill and Ponton, PA does not make any representation, warranty, or guarantee about the accuracy of the information contained in this YouTube channel or in links to other YouTube channels or websites. This YouTube channel is provided "as is," does not represent that any outcome or result from the viewing of this channel. Your use viewing of this YouTube channel is at your own risk. You enjoy this YouTube channel and its contents only for personal, non-commercial purposes. Neither Hill and Ponton, PA, nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.

Public Defenseless
404 | How Enforcing Workload Standards Changed the Culture and the Future of Montana Public Defense

Public Defenseless

Play Episode Listen Later Oct 10, 2025 142:48


Today, Hunter was joined by several amazing public defenders from the Montana Public Defender System. Each one of them joins the show to talk about the truly transformative effects that workload limits have had on the system, what they hope to see continue to improve in the system, and how the work is finally sustainable because they have enforced workload standards.   Guest: Brett Schandelson, Chief Public Defender, Montana Office of the State Public Defender David Carter, Managing Attorney, Polson, Montana Office of the State Public Defender Natasha Fernando, Managing Attorney, Billings Conflict Division, Montana Office of the State Public Defender Clair Lettow, Managing Attorney, Great Falls, Montana Office of the State Public Defender Nick Aemisegger, Managing Attorney, Kalispell, Montana Office of the State Public Defender Jeavon Lang, Managing Attorney, Appellate, Montana Office of the State Public Defender Qasim Abdul Baki, Public Defender, Montana Office of the State Public Defender   Resources: Contact OPD Here https://publicdefender.mt.gov/       Contact Hunter Parnell:                                 Publicdefenseless@gmail.com  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patreon www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home  

In the Public Interest
In That Case: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd.

In the Public Interest

Play Episode Listen Later Sep 18, 2025 18:41


In the Public Interest is excited to continue In That Case, its third annual miniseries examining notable decisions recently issued by the US Supreme Court. In this episode, guest host Daniel Volchok, the Vice Chair of WilmerHale's Appellate and Supreme Court Litigation Practice, speaks with Dave Bowker, the Partner-in-Charge of the Washington DC office and chair of the International Litigation practice, about CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., a unique case involving questions surrounding the Foreign Sovereign Immunities Act (FSIA) and the ability of U.S. courts to exercise personal jurisdiction over foreign states. Bowker outlines each step of the case, describing its beginnings as a contract dispute in India and its journey to the Supreme Court. Volchok and Bowker further discuss the Court's unanimous 9-0 reversal of the Ninth Circuit's decision, certifying that the FSIA does not require proof of minimum contacts and jurisdiction can be effectively established through exception to immunity and service of process.

The California Appellate Law Podcast
9th Circuit overrules the appeal-extension rule: 30 Days Means 30 Days

The California Appellate Law Podcast

Play Episode Listen Later Sep 17, 2025 31:51 Transcription Available


Appealing in the 9th Circuit? Your deadline is 30 days. Don't let Rule 58's “separate document” extension lead you astray. Appellate specialists Tim Kowal and Jeff Lewis also discuss ChatGPT 5 (a “market disruptor”), and sanctions strategies in federal court.Appeal Deadline Alert: The 9th Circuit in McNeil v. Guitare held that Rule 58's 150-day extension for appeal deadlines applies only to final judgments, not collateral orders like qualified immunity denials.Anti-SLAPP Motion Timing: Mora v. Menjivar confirms that filing just a notice of anti-SLAPP motion within the 60-day deadline is insufficient—supporting documents must be filed concurrently.Out: Res Judicata. In: Claim Preclusion.Sanctions Strategy: 28 U.S.C. § 1927 can be used for sanctions without Rule 11's cumbersome 21-day safe harbor.AI Ethics: California courts confirmed in Nolan v. Land of the Free that attorneys must personally read all cited authorities, regardless of whether AI tools were used in brief preparation.And more practical insights on navigating procedural pitfalls, avoiding sanctions, and ethically incorporating AI tools into your appellate practice.

H&P Disability Direct - Live Answers on the Road to VA Compensation
Arthritis, PTSD, Permanent & Total, Prostate Cancer & Many More: Attorney Carol Ponton and Senior Appellate Counsel Kerry Baker Answer Veterans' Questions – Hill and Ponton Q&A 09.16.25

H&P Disability Direct - Live Answers on the Road to VA Compensation

Play Episode Listen Later Sep 16, 2025 45:24


~Chat opens 1 hour before stream~Here is the link to the Williams Waiver https://www.hillandponton.com/wp-content/uploads/2025/05/Waiver-example.pdfVA Disability Calculator is here https://www.hillandponton.com/va-disability-calculator/Struggling to get the benefits you know you deserve? Get a free case evaluation now! - https://www.hillandponton.com/free-case-evaluation?utm_source=youtube&utm_medium=organic-video&utm_campaign=description&utm_id=Livestream+ShowJoin in our Live VA Disability Q&A Session in which we answer your questions live. We can't get to every single question so we will answer them as they come in. If you have any questions about the VA Disability Benefits process you can ask the question in the comment section when we go live and a little earlier. We are nationwide VA Accredited Disability Lawyers. We can't wait to answer your questions!For a FREE Case Evaluation go here: https://www.hillandponton.com/free-ca...Visit our website at https://www.hillandponton.com/?utm_so...Like us on Facebook at www.facebook.com/HillandPontonFor questions please email us at Info@hillandponton.comSpeakers: Attorney Carol PontonSenior Appellate Counsel Kerry BakerThe content of this YouTube channel is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this YouTube channel for legal advice. Viewing this YouTube channel is not intended to and shall not create an attorney-client relationship between you and Hill and Ponton, PA. Messages or other forms of communication that you transmit to this YouTube channel will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Hill and Ponton, PA does not make any representation, warranty, or guarantee about the accuracy of the information contained in this YouTube channel or in links to other YouTube channels or websites. This YouTube channel is provided "as is," does not represent that any outcome or result from the viewing of this channel. Your use viewing of this YouTube channel is at your own risk. You enjoy this YouTube channel and its contents only for personal, non-commercial purposes. Neither Hill and Ponton, PA, nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.

In the Public Interest
In That Case: Glossip v. Oklahoma

In the Public Interest

Play Episode Listen Later Sep 4, 2025 16:38


In the Public Interest is excited to continue In That Case, its third annual miniseries examining notable decisions recently issued by the United States Supreme Court. In this episode, host Felicia Ellsworth is joined by Partner and Chair of WilmerHale's Appellate and Supreme Court Litigation Practice Seth Waxman and Counsel Zaki Anwar to discuss Glossip v. Oklahoma. The case concerns Richard Glossip, who has been on death row since 1998 on a first-degree murder charge. The team arguing on his behalf in front of Court, which included Waxman and Anwar, successfully argued that Glossip's sentence should be reversed and the state of Oklahoma should be allowed to retry his case.Waxman and Anwar walk through each step of the case, outlining the complex procedural history that has taken place over the course of nearly thirty years. They emphasize the significance of the case for due process and other capital cases in the future, and what it reflects about the current Court's ideologies when it comes to serious criminal convictions.

Faith and Freedom
Liberty Counsel and Liberty University Launch Supreme Court and Appellate Clinic

Faith and Freedom

Play Episode Listen Later Aug 27, 2025 11:00


This is great news for future attorneys! Constitutional expert, lawyer, author, pastor, and founder of Liberty Counsel Mat Staver discusses the important topics of the day with co-hosts and guests that impact life, liberty, and family. To stay informed and get involved, visit LC.org.

Healthcare Unfiltered
Misinformation and the AMA Controversy With Ed Livingston

Healthcare Unfiltered

Play Episode Listen Later Aug 5, 2025 75:02


Dr. Ed Livingston, renowned surgeon, educator, and researcher, who was a former deputy editor at JAMA, found himself out of a job after a JAMA podcast he hosted with Dr. Mitch Katz that discussed, among other items, structural racism as a contributor to the high mortality in minorities from COVID. This incident led to a series of lawsuits, some of which were highly publicized. Ed shares behind the scenes events, incidents, and what transpired in 2021, and how the AMA handled the situation. In this episode, Ed shares his background, career path, passion for education and medicine, and his disappointment at how everything was handled by the AMA. This is a rare discussion with some information being shared for the first time ever with listeners and viewers. The AMA declined the request to comment and provide their side of the story. Superior court ruling Livingston v AMA (AMA declares that physicians not entitled to due process, rules that the AMA committed libel and defamation): https://rulings.law/rulings/judge-curtis-a-kin/22stcv09441-2022-10-13.html Unanimous Appellate decision regarding libel and defamation by the AMA, Adds an additional finding of false light and invasion of privacy https://www4.courts.ca.gov/opinions/nonpub/B324638.PDF X post summarizing the Appellate decision (the court refers to the AMA as disingenuous): https://x.com/ehlJAMA/status/1852551140799291817 Article summarizing the Appellate decision (““[d]rawing all reasonable inferences in his favor, Livingston has made a prima facie case that the gist or sting of the accusation in statement [that the podcast ‘denied the existence of structural racism in medicine,' was not true.”): http://www.metnews.com/articles/2024/defamation_11042024.htm Court orders Livingston to pay $110,000 to AMA despite his prevailing on the key allegations: https://rulings.law/rulings/judge-joseph-lipner/22stcv09441-2025-04-08.html Article from the lawyer representing the AMA declaring that the process the AMA used against Livingston is abused “the widely abused anti-SLAPP statute.”: https://www.law.com/therecorder/2019/06/03/calif-high-court-ruling-good-news-for-defamation-plaintiffs/?slreturn=20250722074004 X post with links to the various rulings: https://x.com/ehlJAMA/status/1913584194405425374 Check out Chadi's website for all Healthcare Unfiltered episodes and other content. www.chadinabhan.com/ Watch all Healthcare Unfiltered episodes on YouTube. www.youtube.com/channel/UCjiJPTpIJdIiukcq0UaMFsA

Lawyer Talk Off The Record
How to Choose the Right Appellate Lawyer | What's The Appeal?

Lawyer Talk Off The Record

Play Episode Listen Later Aug 5, 2025 7:30 Transcription Available


One of the most important—and often overlooked—aspects of the criminal justice process: how to choose the right appellate lawyer. Over the years, especially as I've shifted my practice even more toward appellate work since COVID, I've seen firsthand how critical it is to have someone by your side who knows the ins and outs of appeals, post-conviction rights, and all the potential pitfalls along the appellate ladder.Just hiring any lawyer for your appeal isn't enough. I'll walk you through the so-called “appellate ladder,” and explain how missing a single step—like forgetting to object at trial or failing to properly raise federal issues—can shut you out of federal court review down the line. I've run into these issues myself while representing clients in federal habeas corpus cases, which is why I'm passionate about making sure you know what to look for and what questions to ask when interviewing appellate lawyers.I'll also give you real-world advice: what to ask your lawyer, why it's crucial to plan several moves ahead, and how failing to build your case the right way from the start can leave you without options when it matters most.If you're facing an appeal, or just want to better understand this complex process, you'll find this episode essential. And as always, if you have any questions or want me to cover a specific topic about appeals—federal, state, or otherwise—head over to LawyerTalkPodcast.com and let me know!Here are three key takeaways for anyone considering appellate counsel:Look for True Appellate ExperienceNot all lawyers are familiar with the unique nuances and pitfalls of the appellate process. You need someone who understands the “appellate ladder” and what it takes to preserve issues at every stage.Ask about Federal IssuesYour appellate lawyer must know how to frame your objections as federal constitutional issues—not just state law issues—if you ever want your case considered in federal court (habeas corpus). Missing this step can completely close the door on federal review.Always Be Thinking Several Moves AheadAppeals are like chess. The best lawyers anticipate possible outcomes at every step and ensure all arguments are preserved for future appeals—even if those seem remote.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in...

AURN News
Judges Question Trump's Sweeping Tariffs

AURN News

Play Episode Listen Later Jul 31, 2025 1:57


Appellate judges are scrutinizing President Donald Trump's legal authority to impose sweeping tariffs under the International Emergency Economic Powers Act. The law, designed for crises like 9/11 and the Iran hostage crisis, has never been used to set tariffs. Multiple states and businesses are suing, and the case could soon reach the Supreme Court. Subscribe to our newsletter to stay informed with the latest news from a leading Black-owned & controlled media company: https://aurn.com/newsletter Learn more about your ad choices. Visit megaphone.fm/adchoices

Lawyer Talk Off The Record
Cross-Appeal | What's The Appeal?

Lawyer Talk Off The Record

Play Episode Listen Later Jul 22, 2025 4:46 Transcription Available


I'm taking you behind the scenes of a fascinating aspect of criminal appeals that most people overlook: the cross appeal. Now, I know it might sound boring or routine at first, but trust me—once you're in the thick of appellate work, it gets a whole lot more interesting.I'll be sharing a recent experience from my own legal practice, where, after winning a significant post-conviction case, the state decided they weren't ready to walk away and filed an appeal against our victory. That put me at a crossroads—should I file a cross-appeal to cover the few issues the judge didn't rule in our favor on, even though we'd already won big?I'll break down the strategic reasons behind a cross appeal, the importance of preserving every argument for my client, and why sometimes, in appellate law, thinking several moves ahead is the key to real justice. If you've ever wondered about the nitty-gritty of criminal appeals, why every detail matters, or what it takes to go toe-to-toe with the government after a win, this episode is for you. Key Takeaways from this episode:A cross appeal preserves your arguments: If the opposing party (like the State) appeals a favorable decision, you may need to file a cross appeal to ensure all the issues you raised get reviewed—crucial for “playing chess” with the appellate process.Protecting future rights: By raising every possible issue on appeal, you protect your client's ability to bring those arguments to higher courts, like the Supreme Court, if needed. Failure to do so could waive those issues forever.Specialized appellate expertise matters: Appellate practice is a different world from trial work. Having a lawyer who understands the finer points of state and federal appeals can make all the difference for your case's outcome.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

Get Legit Law & Sh!t
Sarah Boone Demands Answers from Her Appellate Attorney! | Case Brief

Get Legit Law & Sh!t

Play Episode Listen Later Jul 16, 2025 9:35


Watch the full coverage of the live stream on The Emily D. Baker YouTube channel: https://youtube.com/live/C8Ou77B6Eow In Sarah Boone's latest letter to the court, she is inquiring about the status of her appeal and her court-appointed appellate attorney. She states that her attorney sent one introductory message in February 2025 and has not responded to her five inmate messages, two handwritten letters, or attempts by nine third-party representatives. Boone says her appeal is in jeopardy because an order was issued on June 13, 2025, requiring an initial brief within 20 days, or her appeal may be dismissed due to lack of communication from her attorney.  However, there was a third extension granted on the appeal. She argues that her attorney's failure to perform duties or communicate cannot be held against her and that dismissal would deny her due process and effective assistance of counsel. The trial court judge cannot force the appellate attorney to communicate and that appeals typically take a long time, with minimal client input needed since the brief is based on the record. There might be a desire for Boone to control her lawyer, which is often not how the attorney-client relationship works in appellate cases. RESOURCESSarah Boone Mega Compilation - https://youtu.be/tuMPDDpALh0Sarah Boone Post Trial Playlist - https://www.youtube.com/playlist?list=PLsbUyvZas7gI-eqJ7fySZATvbdXi3hZpz Learn more about your ad choices. Visit podcastchoices.com/adchoices

Immigration Review
Special Episode - Interview with former Appellate Immigration Judge (BIA) Andrea Saenz (background; behind the scenes at the BIA; appellate strategy; Co-Counsel, and much more!)

Immigration Review

Play Episode Listen Later Jun 17, 2025 64:31


Links!!!!Co-Counsel NYC profile: https://cocounsel.org/our-team/Linkedin: https://www.linkedin.com/in/andrea-s%C3%A1enz-41aaa71/Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Cerenade"Leader in providing smart, secure, and intuitive cloud-based solutions"Demo Link!Click me too!Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: STAFI2025Click me!Gonzales & Gonzales Immigration BondsP: (833) 409-9200immigrationbond.com Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER & CREDITSSee Eps. 1-200Support the show

The California Appellate Law Podcast
In re: LA Riots—Newsom v. Trump

The California Appellate Law Podcast

Play Episode Listen Later Jun 12, 2025 39:02


Governor Newsom sued to enjoin President Trump's deployment of the National Guard to quell the ongoing LA riots without Newsom's consent. But first, we disclose our biases—about Trump, opportunistic political labeling of “rebellions” or “insurrections,” and how easily the thin veneer of civilization is pierced by masked cowards throwing rocks.Also:Beach yoga is free speech, says the Ninth Circuit striking down San Diego's ban.A study on televised oral arguments reveals that camera angles—and flags—can change the court's perception with the public as “legitimate.”Lawyers must comply with the evidence code—but the court can also consider mere “information.” We discuss why appellate courts seem so cavalier about the rules of evidence.“Citation modified” enters the Bluebook—but Tim and Jeff agree: “cleaned up” still reigns.Appellate fees ≠ judgment enforcement fees.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.Other items discussed in the episode:Is “evidence” different from “information”?The “(cleaned up)” origin story, with Jack MetzlerStudy on televising oral arguments and judicial legitimacyCALP cited in a law review about (cleaned up)! Craighead, Burke, The Bluebook: An Insider's Perspective (May 12, 2025). Michigan Law Review, Volume 124 (forthcoming 2026), Available at SSRN: https://ssrn.com/abstract=5271305 or http://dx.doi.org/10.2139/ssrn.5271305.Judgment enforcement fees reminder: EDWARD H. BONIN, v. LINCOLN CHAYES et al., (D2d2, May 29, 2025, No. B340106) (non-pub. opn.)Not enough time for the CCP 128.5 21-day date harbor? Nothing prevents asking for a continuance of the underlying motion. JUNKERS2JEWELS, LLC, et al., v. LA-DORIS MCCLANEY, (Cal. Ct. App., May 28, 2025, No. B339900) (non-pub. opn.)

Oklahoma Appeals - The Podcast
Episode 056: Oklahoma Appellate Courts 2025 Update #3

Oklahoma Appeals - The Podcast

Play Episode Listen Later May 18, 2025 50:30


Send us a textGabe and Jana discuss the following cases:2025 OK 12, 02/25/2025, CONNER v. STATE2025 OK 13, 02/25/2025, JAI HOSPITALITY v. WESTERN WORLD INSURANCE CO.2025 OK 15, 565 P.3d 418, 03/04/2025, OKLAHOMA GAS AND ELECTRIC CO. v. STATE ex rel. OKLAHOMA CORP. COMMISSION2025 OK 17, 565 P.3d 413, 03/04/2025, POPPINGA v. WALLACE2025 OK 19, 03/11/2025, SANDERS v. TURN KEY HEALTH CLINICS2025 OK 22, 04/08/2025, IN RE: N.A.; STATE OF OKLAHOMA vs MALDONADO et al2025 OK 23, 04/08/2025, MILLS v. J-M MFG. CO. INC. et al2025 OK 25, 04/15/2025, IN THE MATTER OF FB, BHUIYAN v STATE OF OKLAHOMA

Cherokee Tribune-Ledger Podcast
Appellate court takes up mass voter eligibility challenges

Cherokee Tribune-Ledger Podcast

Play Episode Listen Later May 16, 2025 10:03


CTL Script/ Top Stories of May 16th Publish Date: May 16th   Pre-Roll: From the Ingles Studio Welcome to the Award-Winning Cherokee Tribune Ledger Podcast  Today is Friday, May 16th and Happy Birthday to Pierce Brosnan I’m Peyton Spurlock and here are the stories Cherokee is talking about, presented by Times Journal Appellate court takes up mass voter eligibility challenges Kaitlyn Lawrence Wins Judy Johnson Memorial Scholarship The Circuit in Downtown Woodstock Seeking New Vendor Plus, Leah McGrath from Ingles Markets on grass-fed beef We’ll have all this and more coming up on the Cherokee Tribune-Ledger Podcast, and if you’re looking for Community news, we encourage you to listen and subscribe!  Commercial: MILL ON ETOWAH REV GENERIC_FINAL STORY 1: Appellate court takes up mass voter eligibility challenges A federal appeals court heard arguments Tuesday on whether True the Vote’s mass voter challenges in Georgia in 2020, targeting nearly 365,000 voters, were intended to intimidate minority voters. Fair Fight, a voting rights group, argued the challenges were frivolous and aimed at discouraging voters, particularly Black voters, ahead of key Senate runoffs. True the Vote denied intimidation claims, stating their actions were legitimate. Judges questioned the intent, noting none of the challenges succeeded, while a lower court previously ruled in True the Vote’s favor but criticized their methods as "reckless." STORY 2: Kaitlyn Lawrence Wins Judy Johnson Memorial Scholarship Kaitlyn Lawrence, a 2025 Cherokee High School graduate, has won the Judy Johnson Memorial Scholarship, a $500 award honoring a dedicated CCSD School Nutrition employee. Lawrence, a scholar-athlete and active community member, plans to study biochemistry with a minor in criminal justice at Lee University. She excelled in academics, sports, and extracurriculars, including lacrosse, flag football, drumline, National Honor Society, and her church’s youth group, while also working part-time. STORY 3: The Circuit in Downtown Woodstock Seeking New Vendor The Circuit at Chattahoochee Technical College's Woodstock campus is seeking a new vendor for its café space as Circle of Friends' Circuit Café closes on May 15. Founders Diane and Glenn Keen are consolidating operations at their Hickory Flat location, Flourish Café. Cherokee Office of Economic Development President Heath Tippens praised Circle of Friends' success and invited new coffee vendors to consider launching at The Circuit, a coworking and innovation space for entrepreneurs and the community. The café offers an opportunity for small businesses to grow in a supportive environment. We have opportunities for sponsors to get great engagement on these shows. Call 770.874.3200 for more info.    Break: STORY 4: Woodstock Considering $86.2M Budget The Woodstock City Council is reviewing an $86.2 million proposed budget for fiscal year 2026, a $5 million increase from 2025. The budget prioritizes infrastructure, parks, trails, and public safety, including 12 new firefighter positions and a fire captain training officer. It also includes a 2% cost-of-living raise for employees, a 4% water rate increase, and $27 million for parks projects, with $18.3 million allocated to Little River Park. Key SPLOST projects include road improvements, trail extensions, and public safety vehicle replacements. The council will discuss and vote on the budget in upcoming meetings. STORY 5: Trump Justice Department names new interim U.S attorney Theodore S. Hertzberg has been appointed interim U.S. attorney for the Northern District of Georgia by U.S. Attorney General Pam Bondi. Hertzberg, a seasoned prosecutor, has served nearly a decade as an assistant U.S. attorney, handling cases involving violent crime, drug trafficking, and fraud. He previously worked in Savannah and Atlanta, prosecuting gang leaders and other dangerous offenders. A graduate of Amherst College and NYU School of Law, Hertzberg succeeds Richard Moultrie Jr., who served in an acting capacity after Ryan Buchanan’s resignation. Commercial: And now here is Leah McGrath from Ingles Markets on grass fed beef We’ll have closing comments after this.   COMMERCIAL: Ingles Markets 6   SIGN OFF –   Thanks again for hanging out with us on today’s Cherokee Tribune Ledger Podcast. If you enjoy these shows, we encourage you to check out our other offerings, like the Cherokee Tribune Ledger Podcast, the Marietta Daily Journal, or the Community Podcast for Rockdale Newton and Morgan Counties. Read more about all our stories and get other great content at www.tribuneledgernews.com Did you know over 50% of Americans listen to podcasts weekly? Giving you important news about our community and telling great stories are what we do. Make sure you join us for our next episode and be sure to share this podcast on social media with your friends and family. Add us to your Alexa Flash Briefing or your Google Home Briefing and be sure to like, follow, and subscribe wherever you get your podcasts. Produced by the BG Podcast Network Show Sponsors: www.ingles-markets.com Etowah Mill #NewsPodcast #CurrentEvents #TopHeadlines #BreakingNews #PodcastDiscussion #PodcastNews #InDepthAnalysis #NewsAnalysis #PodcastTrending #WorldNews #LocalNews #GlobalNews #PodcastInsights #NewsBrief #PodcastUpdate #NewsRoundup #WeeklyNews #DailyNews #PodcastInterviews #HotTopics #PodcastOpinions #InvestigativeJournalism #BehindTheHeadlines #PodcastMedia #NewsStories #PodcastReports #JournalismMatters #PodcastPerspectives #NewsCommentary #PodcastListeners #NewsPodcastCommunity #NewsSource #PodcastCuration #WorldAffairs #PodcastUpdates #AudioNews #PodcastJournalism #EmergingStories #NewsFlash #PodcastConversations See omnystudio.com/listener for privacy information.

Gwinnett Daily Post Podcast
Georgia cracks down on fentanyl trafficking, with new sentencing law

Gwinnett Daily Post Podcast

Play Episode Listen Later May 15, 2025 10:23


GDP Script/ Top Stories for May 15th Publish Date: May 15th From the BG AD Group Studio Welcome to the Gwinnett Daily Post Podcast. Today is Thursday, May 15th and Happy birthday to George Brett I’m Peyton Spurlock and here are your top stories presented by KIA Mall of Georgia. Georgia cracks down on fentanyl trafficking, with new sentencing law Trip Elementary teacher fired, arrested for inappropriate contact with students NCG Cinema taking over former AMC theater in Snellville this summer Plus, Leah McGrath from Ingles Markets on grass fed beef All of this and more is coming up on the Gwinnett Daily Post podcast, and if you are looking for community news, we encourage you to listen daily and subscribe! Break 1: 07.14.22 KIA MOG STORY 1: Georgia cracks down on fentanyl trafficking, with new sentencing law Georgia Governor Brian Kemp signed the Fentanyl Eradication and Removal Act, imposing stricter penalties for fentanyl trafficking. The legislation mandates a minimum five-year sentence for trafficking as little as four grams. Fentanyl, 100 times more potent than morphine, is often found laced in drugs like Adderall and Xanax, posing lethal risks, especially to teenagers. Senator Russ Goodman, who introduced the bill, emphasized its urgency, sharing personal stories of lives lost to fentanyl in his community. Kemp signed the bill alongside 19 others, aiming to combat the drug's devastating impact. STORY 2: Trip Elementary teacher fired, arrested for inappropriate contact with students Brandon Hill, a former Trip Elementary School teacher, was arrested and charged with misdemeanor simple battery and felony first-degree cruelty to children for allegedly inappropriate conduct with students in March. Hill, 29, was removed from the classroom immediately after the allegations surfaced and is no longer employed by Gwinnett County Public Schools. Investigations by police, child services, and the district are ongoing, with details of the incidents redacted or withheld. Hill was released on a $6,000 bond with conditions prohibiting contact with students. STORY 3: NCG Cinema taking over former AMC theater in Snellville this summer The former AMC theater at Presidential Markets in Snellville is reopening in June under NCG Cinema. To prepare, NCG is hosting a job fair on May 30-31 from noon to 6 p.m. at the theater, hiring for part-time roles in management, floor staff, and housekeeping. Perks include flexible schedules, free movie passes, and a fun work environment. High school students seeking summer jobs are encouraged to apply. Applications can also be submitted online at NCG's website. We have opportunities for sponsors to get great engagement on these shows. Call 770.874.3200 for more info. We’ll be right back Break 2: STORY 4: Appellate court takes up mass voter eligibility challenges A federal appeals court heard arguments Tuesday on whether True the Vote's mass challenges to nearly 365,000 Georgia voters in 2020 constituted voter intimidation, particularly targeting minority voters. Fair Fight, a voting rights group, argued the challenges were frivolous and aimed to intimidate Black voters ahead of key Senate runoffs. True the Vote denied intent to intimidate, citing no direct voter contact. While a lower court ruled in True the Vote's favor in 2024, the judges questioned the group's motives, noting none of the challenges succeeded and criticizing their "reckless" methods. A decision is pending. STORY 5: Former Labor Commissioner Michael Thurmond discusses his book with Rotary Club of Gwinnett Michael Thurmond, former Georgia legislator and labor commissioner, spoke at the Gwinnett County Rotary Club about his book, *James Oglethorpe, Father of Georgia: A Founder’s Journey from Slave Trader to Abolitionist*. The book, 30 years in the making, explores Oglethorpe’s transformation from a slave trader to an abolitionist and his role as the first white man in North America to oppose slavery. Thurmond’s journey began in 1996 during a visit to Oglethorpe’s grave in England, where a plaque described him as “the friend of the oppressed negro.” The book highlights Oglethorpe’s evolution and his impact on history, emphasizing the power of personal change. Break 3: And now here is Leah McGrath from Ingles Markets on grass fed beef We’ll have closing comments after this Break 4: Ingles Markets 7 Signoff – Thanks again for hanging out with us on today’s Gwinnett Daily Post Podcast. If you enjoy these shows, we encourage you to check out our other offerings, like the Cherokee Tribune Ledger Podcast, the Marietta Daily Journal, or the Community Podcast for Rockdale Newton and Morgan Counties. Read more about all our stories and get other great content at www.gwinnettdailypost.com Did you know over 50% of Americans listen to podcasts weekly? Giving you important news about our community and telling great stories are what we do. Make sure you join us for our next episode and be sure to share this podcast on social media with your friends and family. Add us to your Alexa Flash Briefing or your Google Home Briefing and be sure to like, follow, and subscribe wherever you get your podcasts. Produced by the BG Podcast Network Show Sponsors: www.ingles-markets.com www.kiamallofga.com #NewsPodcast #CurrentEvents #TopHeadlines #BreakingNews #PodcastDiscussion #PodcastNews #InDepthAnalysis #NewsAnalysis #PodcastTrending #WorldNews #LocalNews #GlobalNews #PodcastInsights #NewsBrief #PodcastUpdate #NewsRoundup #WeeklyNews #DailyNews #PodcastInterviews #HotTopics #PodcastOpinions #InvestigativeJournalism #BehindTheHeadlines #PodcastMedia #NewsStories #PodcastReports #JournalismMatters #PodcastPerspectives #NewsCommentary #PodcastListeners #NewsPodcastCommunity #NewsSource #PodcastCuration #WorldAffairs #PodcastUpdates #AudioNews #PodcastJournalism #EmergingStories #NewsFlash #PodcastConversations See omnystudio.com/listener for privacy information.

Texas Appellate Law Podcast
Straddling the Line Between Trial Work and Appellate Practice | Dylan Russell

Texas Appellate Law Podcast

Play Episode Listen Later May 1, 2025 54:04


“There's never any point at which I would have to say, ‘Well, I'm only going to do trial work now' or ‘I'm only going to do appellate work,'” Dylan Russell says. He can straddle that line because, as he explains to hosts Todd Smith and Jody Sanders, “I just like the law so much that I think about it all the time.” In this conversation, Dylan discusses why he maintains both trial and appellate skills rather than specializing and suggests how trial lawyers can become strong appellate lawyers. Tune in for his insights and a few war stories, like the time he had to file a Supreme Court petition for writ of certiorari during Winter Storm Uri with no power or printer.Connect and Learn More☑️ Dylan Russell | LinkedIn | Instagram | X | BlueSky☑️ Sorrels Law on LinkedIn | Instagram | Facebook ☑️ Todd Smith | LinkedIn | X | Bluesky☑️ Jody Sanders | LinkedIn | X | Bluesky☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram | Bluesky☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe

Texas Appellate Law Podcast
Launching an Appellate Team Inside a Plaintiff-Oriented Firm | Andrew Gould

Texas Appellate Law Podcast

Play Episode Listen Later Apr 17, 2025 60:56


"I give trial lawyers a menu of options," Andrew Gould explains to hosts Todd Smith and Jody Sanders about his strategic approach as head of appellate at plaintiffs' firm Arnold & Itkin. After building their appellate practice from scratch following his years as a federal prosecutor, Andrew shares battle-tested techniques for navigating the trial lawyer relationship. His "eyes-wide-open" philosophy ensures transparent communication about strategic decisions and potential appellate consequences. When asked about electoral changes affecting appellate courts, Andrew replies: "What matters to me as an appellate lawyer are the law and the facts, and that's all it should be."Connect and Learn More☑️ Andrew Gould | LinkedIn☑️ Arnold & Itkin on LinkedIn | Instagram | Facebook | X | YouTube☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by

Lawyer Talk Off The Record
Understanding Hidden Costs in the Appellate Process | What's The Appeal?

Lawyer Talk Off The Record

Play Episode Listen Later Apr 15, 2025 7:32 Transcription Available


I'm discussing the critical aspect of the appellate process: the hidden costs that can arise after a conviction. In this episode, I share my personal experience with the sticker shock of obtaining a trial transcript for an appeal. It's a glimpse into the financial burdens that these expenses can impose on those looking to contest their convictions and how unforeseen costs can sometimes stand in the way of justice. Drawing from my years of appellate work, I shed light on the challenges and potential solutions when faced with these unexpected financial hurdles. Whether you're directly dealing with an appeal or simply curious about the legal intricacies, this episode offers valuable insights into an often-overlooked part of the legal process.Key TakeawaysSticker Shock of Transcripts: The cost of obtaining trial transcripts can be unexpectedly high, as seen with a recent $9,800 estimate for a four-day trial. It's a sobering reality for many families trying to appeal convictions.The Necessity of Transcripts: Despite the costs, transcripts are crucial for effective appellate work. They provide a clear record of the trial proceedings, which is essential for building a strong appeal case.Planning for Hidden Costs: Individuals looking to appeal should be prepared for these hidden costs, as they can significantly impact the decision to pursue appellate action. Considering potential expenses ahead of time can help in better financial planning.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

Texas Appellate Law Podcast
Overcoming Obstacles on the Path to Becoming an Appellate Lawyer | Milo Bobbitt

Texas Appellate Law Podcast

Play Episode Listen Later Apr 3, 2025 47:56


Milo Bobbitt built an appellate practice from scratch at his firm. After an internship with then-Justice Willett at the Texas Supreme Court, he successfully defended a significant oil and gas contract victory on appeal, complete with a quote from the movie “Armageddon” in the opinion. "I was writing a new brief about every month for eight months straight," Milo recalls to hosts Todd Smith and Jody Sanders. Tune in as he offers practical strategies, such as volunteering for pro bono appeals and dispositive motions, for attorneys looking to develop appellate skills. As someone who has faced challenges – including being born partially deaf – Milo also stresses the importance of mentors and encourages new lawyers to take advantage of Texas's collegial appellate bar.Connect and Learn More☑️ Milo Bobbitt | LinkedIn☑️ Patel | Gaines, Attorneys at Law on LinkedIn | Instagram | Facebook | X | YouTube☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by

Immigration Review
Ep. 257 - Precedential Decisions from 3/24/2025 - 3/31/2025 (crime of violence; force through omission; temporary appellate IJs; ultra vires argument; discovery to challenge I-130 denial; INA § 204(c); depositions)

Immigration Review

Play Episode Listen Later Apr 1, 2025 30:15


Delligatti v. United States, No. 23-825 (U.S. Mar. 21, 2025)crime of violence; force through omission; New York attempted murder; Castleman; Stokeling; meaning of “use”; limits of Borden; bodily injury; “ordinary meaning”   Ayala Chapa v. Bondi, No. 21-60039 (5th Cir. Mar. 24, 2025)temporary appellate IJs; temporary Board member; Santos Zacaria; INA §  103(g)(1); Attorney General authority; ultra vires argument  Yocom, et al. v. USCIS, et al., No. 22-0839 (S.D. Cal. Mar. 21, 2025)discovery to challenge I-130 denial; INA § 204(c); deposition of ex-wife; deposition of USCIS; no requirement to submit sworn statement; Munoz; coercive behavior; due process violationSponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Cerenade"Leader in providing smart, secure, and intuitive cloud-based solutions"Click me!The Pen & Sword College (formerly The Clinic at Sharma-Crawford Attorneys at Law) Use Promo Code: ImmReview2025Link to Nonprofit: https://thepen-and-swordkc.org/ Link to books:https://www.rekhasharmacrawford.com/ Stafi"Remote staffing solutions for businesses of all sizes"Promo Code: STAFI2025Click me!Want to become a patron?Click here to check out our Patreon Page!CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewAbout your hostCase notesRecent criminal-immigration article (p.18)Featured in San Diego VoyagerDISCLAIMER & CREDITSSee Eps. 1-200Support the show

Texas Appellate Law Podcast
Behind the Mic: Five Years of the Texas Appellate Law Podcast

Texas Appellate Law Podcast

Play Episode Listen Later Mar 20, 2025 49:17


In this milestone episode, hosts Todd Smith and Jody Sanders celebrate the fifth anniversary of the Texas Appellate Law podcast. Reflecting on 145 episodes of conversations with judges, practitioners, and legal innovators, they discuss how the podcast has evolved alongside major shifts in legal practice—from the pandemic's acceleration of virtual proceedings to the emergence of AI in legal work. The hosts share personal insights about what they've learned from their guests, address listener questions about the 15th Court of Appeals and recent case law developments, and express gratitude for the community that has formed around their "backstage pass" to the appellate world. Their conversation offers both a retrospective and a forward-looking glimpse at the changing landscape of appellate practice.Looking ahead, Jody will present his paper on Broad-Form Issue Submission at the State Bar of Texas' Advanced Evidence and Discovery program in April (Houston) and May (San Antonio). Connect and Learn More☑️ Todd Smith | LinkedIn | X ☑️ Jody Sanders | LinkedIn | X ☑️ Texas Appellate Law Podcast on LinkedIn | X | Instagram☑️ Texas Appellate Counsel PLLC ☑️ Kelly Hart & Hallman, LLP | LinkedIn☑️ Subscribe Apple Podcasts | Spotify | Amazon MusicProduced and Powered by LawPodsSponsored by Court Surety Bond Agency and Thomson Reuters

Risky Business
Risky Business #784 -- GitHub supply chain attack steals secrets from 23k projects

Risky Business

Play Episode Listen Later Mar 19, 2025 56:58


On this week's show Patrick Gray and Adam Boileau discuss the week's cybersecurity news: Github Actions supply chain attack loots keys and secrets from 23k projects Why a VC fund now owns a minority stake in Risky Business Media (!?!?) China doxes Taiwanese military hackers Microsoft thinks .lnk file whitespace trick isn't worth patching but APTs sure love it CISA delivers government efficiency by re-hiring fired staff… to put them on paid leave …and Google acquires Wiz for $32bn This week's show is sponsored by Zero Networks, and they have sent along a happy customer to talk about their experience. Aaron Steinke is Head of Infrastructure at La Trobe Financial, an asset management firm in Australia. Aaron talks through bringing modern zero-trust goodness to the reality of a technology environment that's been around 40 years. This episode is also available on Youtube. Show notes Risky Bulletin: GitHub supply chain attack prints everyone's secrets in build logs - Risky Business Media China says Taiwan's military is behind PoisonIvy APT China identifies Taiwanese hackers allegedly behind cyberattacks and espionage | The Record from Recorded Future News Crypto exchange OKX shuts down tool used by North Korean hackers to launder stolen funds | The Record from Recorded Future News Lazarus Group deceives developers with 6 new malicious npm packages | CyberScoop Poisoned Windows shortcuts found to be a favorite of Chinese, Russian, N. Korean state hackers | The Record from Recorded Future News 'Mora_001' ransomware gang exploiting Fortinet bug spotlighted by CISA in January | The Record from Recorded Future News Black Basta uses brute-forcing tool to attack edge devices | Cybersecurity Dive Alleged Russian LockBit developer extradited from Israel, appears in New Jersey court | The Record from Recorded Future News CISA works to contact probationary employees for reinstatement after court order - Nextgov/FCW ‘People Are Scared': Inside CISA as It Reels From Trump's Purge | WIRED The Wiretap: CISA Staff Are Cautiously Optimistic About Trump's Pick For Director White House instructs agencies to avoid firing cybersecurity staff, email says | Reuters Signal no longer cooperating with Ukraine on Russian cyberthreats, official says | The Record from Recorded Future News Telegram CEO Pavel Durov allowed to leave France amid investigation Appellate court upholds sentence for former Uber cyber executive Joe Sullivan | The Record from Recorded Future News Google buys cloud security provider Wiz for $32 billion | The Record from Recorded Future News Pat Gray, Founder of Risky Business, Joins Decibel as Founder Advisor - Decibel

The Prosecutors: Legal Briefs
143. The Appellate Process

The Prosecutors: Legal Briefs

Play Episode Listen Later Jan 24, 2025 59:41


Appeals, how do they work? We explain the process. Check out our new True Crime Substack the True Crime Times at: https://t.co/26TIoM14Tg Get Prosecutors Podcast Merch: https://www.bonfire.com/store/prosecutors-podcast/ Join the Gallery on Facebook: https://www.facebook.com/share/g/4oHFF4agcAvBhm3o/ Follow us on Twitter: https://twitter.com/ProsecutorsPod Follow us on Instagram: https://www.instagram.com/prosecutorspod/ Check out our website for case resources: https://prosecutorspodcast.com/ Hang out with us on TikTok: https://www.tiktok.com/@prosecutorspod

Surviving the Survivor
STS Exclusive: #BestGuests Share Details in Charlie Adelson's New Appellate Motion

Surviving the Survivor

Play Episode Listen Later Jan 7, 2025 83:10


Get Joel's Book: Https://amzn.to/48GwbLxAll Things STS: Https://linktr.ee/stspodcastSupport the show on Patreon: https://www.patreon.com/SurvivingTheSurvivorCatch us live on YouTube: Surviving The Survivor: #BestGuests in True Crime - YouTubeWhat's up, STS Nation? Welcome to the podcast that brings you the very #BestGuests in all of #TrueCrime. Charlie Adelson's appeal to address alleged conflicts of interest in his 2014 conviction for the murder of Dan Markel has been denied. But what does this mean for Donna Adelson's upcoming trial? Will her new legal team change the game? Plus STS brings you the newest details in the appellate motion filed by Charlie Adelson's attorneys earlier today. #BestGuests: • Tim Jansen, famed Tallahassee defense attorney and former federal prosecutor. • Professor Jo Potuto, Professor Emerita at the University of Nebraska Law School, a leading legal scholar and author. • Martin Radner, Attorney and host of ‪@BrotherCounsel‬ #STSNation #CharlieAdelson #DonnaAdelson #DanMarkel #WendiAdelson #HarveyAdelson #FSU #FloridaStateUniversity #TrueCrime #TrueCrimeCommunity #MurderForHire #JusticeForDanMarkel #LegalDrama #CrimeUpdate #SurvivingTheSurvivor

Reality Steve Podcast
Interview with "Hot Bench" Judge Rachel Juarez Breaking Down The Appellate Brief Filed Last Week By Laura Owens' Lawyer, David Gingras

Reality Steve Podcast

Play Episode Listen Later Nov 21, 2024 78:45


(SPOILER) Your Daily Roundup is an extensive 60 minute conversation with “Hot Bench” judge Rachel Juarez breaking down the appellate court brief filed by Laura Owens lawyer last week, the ramifications, the consequences, the good and bad of it, and where she sees the case heading. Music written by Jimmer Podrasky (B'Jingo Songs/Machia Music/Bug Music BMI) Ads: OUAI - Promo Code REALITYSTEVE for 15% off sitewide Mint Mobile - 3 month premium wireless plan for $15 a month! Learn more about your ad choices. Visit megaphone.fm/adchoices