When ‘Or’ Means ‘And’: A Trap for Criminal AppealsBy Timothy J. TingJune 2015Article, Page 40Criminal defense lawyers who appeal judgments entered after guilty pleas must certify that they have consulted their client about claims of error in both the guilty plea and sentence.
Rule 307(a)(1) Appeals – Not for Injunctions OnlyBy Christine Olson McTigueDecember 2014Article, Page 590Yes, Illinois Supreme Court Rule 307(a)(1) allows appeals from interlocutory injunction orders – but also in cases that are "injunctive in nature."
Ten Tips to Improve Your Case on AppealBy Hon. John C. AndersonJuly 2013Article, Page 352A reviewing court can be an intimidating place for the occasional appellate practitioner. These tips will help put you at ease.
No judicial review until arbitration process is completeApril 2013Illinois Law Update, Page 176On January 22, 2013, the Illinois Appellate Court, First District, held that a dispute over a discovery order that arises in arbitration is not ripe for adjudication until a final award has been issued.
The lesson of George Ryan v U.S.By Helen W. GunnarssonSeptember 2011LawPulse, Page 434It's this, according to a criminal defense lawyer and court watcher: You shouldn't hesitate to argue alternative, even esoteric, bases for relief to create a record for appeal.
Stay of Judgment Pending Appeal: Avoid the Appeal-Bond TrapBy Richard Lee StavinsAugust 2011Article, Page 410Appellants often discover too late - and to their horror - that an appeal bond must be filed the same day the notice of appeal is due. Here's how the mysterious appeal-bond process works.
Surviving the Death of Oral ArgumentBy Gino L. DiVitoApril 2011Article, Page 188A retired appellate justice offers his view of what can be done to assure full and fair vetting of cases in a post-oral-argument world.
Motion(al) intelligenceBy Helen W. GunnarssonFebruary 2011LawPulse, Page 66Motions, particularly motions to stay and to strike, are tools every appellate lawyer should know how and when to use.
Appeal of Pretrial Discovery Orders in IllinoisBy Charles D. KnightDecember 2010Article, Page 632A wrongly issued pretrial discovery order threatens to undermine your case - what can you do to get a second opinion at this early stage in the litigation? More than you might think.
Lifting the veil on rule 23 ordersBy Helen W. GunnarssonNovember 2010LawPulse, Page 558Heretofore unpublished orders will see the light of day and appellate court opinions will appear on the web more quickly thanks to a supreme court rule change.
Grab your smartphones and hold onto your briefs: the practice of law has just gotten faster.
Can you stay a federal appellate court ruling while your petition for cert is pending?By Helen W. GunnarssonOctober 2010LawPulse, Page 502Maybe, if you can show a reasonable chance of succeeding at the Supreme Court level and irreparable harm if the stay isn't granted.
You've taken a case through federal district court and the seventh circuit court of appeals. The result wasn't exactly what you wanted for your client, but the court has issued its mandate and you can no longer move for rehearing.
Supreme court rule changes bring more certainty to custody judgmentsBy Helen W. GunnarssonApril 2010LawPulse, Page 174Before, custody orders weren't final and appealable if other issues were pending. Now they are, and that's good for kids, an appellate justice says. But she warns that family lawyers must pay closer attention than ever to appellate rules and deadlines.
Federal standard timeBy Helen W. GunnarssonFebruary 2010LawPulse, Page 66New laws standardize the way time periods are calculated in federal court.
Appealable Though Moot?By Professor Jeffrey A. ParnessSeptember 2009Column, Page 476A recent Illinois Supreme Court opinion analyzes exceptions to the mootness doctrine.
A dismissal granting leave to amend is not a final adjudicationFebruary 2009Illinois Law Update, Page 70On December 2, 2008, the Illinois Appellate Court, Second District, reversed and remanded the judgment of the Circuit Court of Lake County granting the defendants' motions to dismiss and dismissing the plaintiff's medical malpractice complaint.
Preserving the right to appeal an ambiguous rulingBy Helen W. GunnarssonJuly 2007LawPulse, Page 342What can you do to preserve your client's right to appeal when the trial court issues an order of ambiguous finality? The Waddick case may provide some lessons.