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The Supreme Court ruled that any such motion must be accompanied by a brief (commonly referred to as an Anders brief) outlining the case and any potential (albeit possibly frivolous) grounds for appeal, that the appellate court must independently review the case, and that a defendant must be allowed the right to appeal either pro se or by other ...
The First and Eleventh District Courts of Appeals in Ohio require that under each issue presented for review, the brief shall list alphabetically, in a further indented subparagraph, the cases cited in support of the issue, followed by a list of the statutes, rules, and other authorities cited in support of the issue. [6] [7]
The appellate court cannot refuse to listen to the appeal. An appeal "by leave" or "permission" requires the appellant to obtain leave to appeal; in such a situation either or both of the lower court and the court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.
For example, an appellate brief to the highest court in a jurisdiction calls for a formal style—this shows proper respect for the court and for the legal matter at issue. An interoffice legal memorandum to a supervisor can probably be less formal—though not colloquial—because it is an in-house decision-making tool, not a court document.
The Appellate Division primarily hears appeals from the state's superior courts (Supreme Court, Surrogate's Court, Family Court, Court of Claims, the county courts) in civil cases, the Supreme Court in criminal cases, and, in the Third and Fourth Judicial Departments, from the county courts in felony criminal cases. [5]
Appellate briefs are briefs that occur at the appeal stage. Memorandum of law may be another word for brief, although that term may also be used to describe an internal document in a law firm in which an attorney attempts to analyze a client's legal position without arguing for a specific interpretation of the law.
CHIPPEWA FALLS — Briefs in the Lily Peters murder case have been filed to the Wisconsin Court of Appeals, which will determine whether the defendant remains in adult court or if the matter will ...
The statement of the case in an appeal brief is a secondary source on the trial. It is also a reliable source. This is because, although an appellate brief is written by an attorney representing the defendant, it is required to present the statement of the factual basis of the case from the best light of the prosecution or plaintiff.