NALS ANNUAL EDUCATION CONFERENCE OCTOBER 3, 2014 The Appellate Process

Goal: Error Correction

Why? Fairness Finality Notice Harm Confidence

Goal: Uniformity Rules of decision-making Resolution of conflicts

Appellate Architecture

The Circuit Courts of Appeals

Texas Appellate Districts

Jurisdiction: the power of the court Exclusively Federal Admiralty Antitrust (Federal) Bankruptcy Copyright Federal Crimes Patents Suits against the U.S. Immigration Exclusively State Anything not federal Concurrent: Federal questions Diversity of citizenship

Original v. Appellate Original Jurisdiction: Courts with the authority to hear the case for the first time (the trial courts). Appellate Jurisdiction: Authority to review a trial court’s decision (usually after a final judgment).

The Mechanics To preserve an error for appeal, the record must show an objection in the trial court that is: Timely Definitive Ruled upon

Timely Raise an objection contemporaneously with the error it challenges. Courts follow the Kung Fu Panda rule: Yesterday is history, tomorrow is a mystery, today is a gift. That is why it is called the present.”

Not definitive enough

Ruled Upon Must obtain a ruling – either “expressly or implicitly”. Ask: Was my objection understood? See Phillips v. Bramlett, 288 S.W.3d 876, 883 (Tex. 2009) (objection waived where trial court’s response showed that it didn’t understand the objection and counsel did not attempt to clarify it.).

Definitive The objection must be specific enough “to make the trial court aware of the complaint.” Unless: the grounds for the objection are “apparent from the context.”

The Record

Appellate Briefs

Oral Argument

Opinions of the Court

NALS ANNUAL EDUCATION CONFERENCE OCTOBER 3, 2014 Thank you.