Illinois Bar Journal


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Articles on Appellate Practice

Petitions for Leave to Appeal: Smoothing Your Path to Illinois Supreme Court Review By J. Timothy Eaton March 2016 Article, Page 40 The supreme court receives thousands of petitions every year from unsuccessful appellate litigants, but it hears only a few. Here's how to increase the odds that yours will be one.
Strict compliance with Illinois Supreme Court Rule 604(d) does not require attorney certificate to be filed prior to postplea motions January 2016 Illinois Law Update, Page 18 On November 4, 2015, the Supreme Court of Illinois held that the attorney certificate required by Illinois Supreme Court Rule 604(d) does not have to be filed at or prior to a defendant's postplea motion.
When ‘Or’ Means ‘And’: A Trap for Criminal Appeals By Timothy J. Ting June 2015 Article, Page 40 Criminal 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.
Oral rulings are not final judgments for purposes of time limit for appeals April 2015 Illinois Law Update, Page 16 On January 23, 2015, the Illinois Supreme Court held that an oral ruling on a post-trial motion is not a final judgment for purposes of calculating the 30-day time limit for appeal. Instead, the final judgment was the law record entry made several weeks later.
Mailing a Notice of Appeal? Don’t forget the Certificate of Service By Michelle L. Sanders March 2015 Article, Page 44 Remember to file a certificate or affidavit of service when mailing post-sentencing motions or notices of appeal - or risk having your case dismissed.
Rule 307(a)(1) Appeals – Not for Injunctions Only By Christine Olson McTigue December 2014 Article, Page 590 Yes, Illinois Supreme Court Rule 307(a)(1) allows appeals from interlocutory injunction orders – but also in cases that are "injunctive in nature."
Illinois Supreme Court allows interlocutory appeals of suppression orders in juvenile cases By Adam W. Lasker September 2013 LawPulse, Page 446 The supreme court rule change allowing interlocutory appeals remedies "a systemic problem for both prosecutors and defendants for decades," a commentator says.
Ten Tips to Improve Your Case on Appeal By Hon. John C. Anderson July 2013 Article, Page 352 A 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 complete April 2013 Illinois Law Update, Page 176 On 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.
SCOTUS could reconcile conflicting federal rulings on immigrants’ right to counsel By Adam W. Lasker April 2013 LawPulse, Page 170 The ninth circuit joins the seventh in ruling that an immigrant who is denied the right to counsel in removal proceedings need not show prejudice to successfully appeal that denial.
Getting Your Amicus Brief Before the Seventh Circuit and Illinois Supreme Court By Bruce Braverman July 2012 Article, Page 376 Convincing the seventh circuit or the Illinois Supreme Court to grant leave to file an amicusbrief is hard and getting harder. Here's how to maximize your chances.
Exhaustion of Administrative Remedies and the Prison Litigation Reform Act By Beth Prager October 2011 Article, Page 526 District courts must decide whether prisoners have properly exhausted their administrative remedies before allowing their cases to proceed to the merits.
The lesson of George Ryan v U.S. By Helen W. Gunnarsson September 2011 LawPulse, Page 434 It'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 Trap By Richard Lee Stavins August 2011 Article, Page 410 Appellants 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 Argument By Gino L. DiVito April 2011 Article, Page 188 A 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) intelligence By Helen W. Gunnarsson February 2011 LawPulse, Page 66 Motions, 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 Illinois By Charles D. Knight December 2010 Article, Page 632 A 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 orders By Helen W. Gunnarsson November 2010 LawPulse, Page 558 Heretofore 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. Gunnarsson October 2010 LawPulse, Page 502 Maybe, 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 judgments By Helen W. Gunnarsson April 2010 LawPulse, Page 174 Before, 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 time By Helen W. Gunnarsson February 2010 LawPulse, Page 66 New laws standardize the way time periods are calculated in federal court.
Appealable Though Moot? By Professor Jeffrey A. Parness September 2009 Column, Page 476 A recent Illinois Supreme Court opinion analyzes exceptions to the mootness doctrine.
Faster resolution urged for custody, SLAPP suits By Helen W. Gunnarsson June 2009 LawPulse, Page 278 At a recent hearing, the supreme court rules committee was asked to speed disposition of child custody proceedings and SLAPP suits.
Rules committee hears criminal law, family law, civil practice proposals By Helen W. Gunnarsson April 2009 LawPulse, Page 168 The supreme court rules committee heard proposals to require consular notification for foreign nationals, to change child custody rules, and to require additional notice to opposing counsel.
An Appellate Justice’s Quick Guide to Appeals By Justice Robert W. Cook March 2009 Article, Page 132 A former appellate justice offers advice on every step in the appellate process, from trial to oral argument.
A dismissal granting leave to amend is not a final adjudication February 2009 Illinois Law Update, Page 70  On 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.
Disagreement among appellate divisions creates split of authority By Helen W. Gunnarsson January 2009 LawPulse, Page 10  When one division within an appellate district disagrees with another, it creates an intradistrict split of authority - so sayeth the supreme court.
Can Supreme Court Rule 308 Keep Your Case Alive? By Christopher T. Polillo December 2008 Article, Page 632 Depending on the facts and law, you might persuade a court to grant interlocutory review under Rule 308. Here's how it works.
Judicial Review of Administrative Decisions: A Step-by-Step Guide By Thomas M. Battista October 2008 Article, Page 516 An agency rules against your client and you want a court to review the decision. What's the next step? This article explains.
Brief-Writing Tips for the Illinois Appellate Court By Maria Pellegrino August 2008 Article, Page 412 An appellate law clerk offers pointers and an insider's view of common brief-writing errors.