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Published bySheryl Cross Modified over 6 years ago
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APPELLATE ISSUES FORMULATION OF THE CASE FOR APPEAL, PRESERVATION OF ERROR AND PERFECTION OF APPEAL: ETHICAL OBLIGATIONS & EFFECTIVE ASSISTANCE OF COUNSEL
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ADVISING THE CLIENT RIGHT TO APPEAL APPELLATE PROCESS ANDERS PROCEDURES WITHDRAWING AS COUNSEL
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RIGHT TO APPEAL ADVISE CLIENT BEFORE & AFTER TRIAL
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APPELLATE PROCESS APPEALS ARE DIFFERENT THAN TRIALS TEMPER CLIENT’S EXPECTATIONS TRAP 44.1(a) – REVERSAL CIVIL CASES (Probably Caused Rendition Improper Judgment)
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ANDERS PROCEDURES FRIVOLOUS POINTS & ATTORNEY DUTIES ANDERS PROCEDURES
READ In re P.M., 520 S.W.3d 24 (TEX. 2016)
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GETTING OFF THE CASE FILE MOTION ASAP AFTER VERDICT ALLEGE “GOOD CAUSE” INFORM CLIENT & APPELLATE ATTORNEY
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PERFECTING THE APPEAL
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NOTICE OF APPEAL FILE 20 DAYS AFTER JUDGMENT SIGNED 15 EXTRA DAYS FOR GOOD CAUSE COA HAS NO JURISDICTION IF UNTIMELY
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CONTENTS OF NOTICE A PARENTAL TERMINATION OR CHILD PROTECTIVE CASE FILED BY STATE PARENT PRESUMED INDIGENT TRAP 25.19(d)
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GET THE RECORD CLERK & REPORTER’S RECORDS DUE WITHIN 10 DAYS REQUEST RECORD ASAP
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THE BRIEF DUE 20 DAYS AFTER RECORD FILED
ONE EXTENSION ROUTINELY GRANTED
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FORMAT & WORD COUNT TYPEFACE: 14 POINT; FOOTNOTES: 12 POINT
DOUBLE SPACED BRIEFS: 15,000; REPLY BRIEFS: 7,500; PETITION FOR REVIEW & RESPONSE: 4,500 MUST HAVE CERTIFICATE OF COMPLIANCE ONLY ELECTRONIC FILING
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AFTER COA JUDGMENT OPINION V. MEMORANDUM OPINION
15 DAYS FILE MOTION REHEARING REVERSAL ONLY IF ERROR CAUSED IMPROPER JUDGMENT OR PREVENTED APPELLANT FROM PRESENTING CASE
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SUPREME COURT APPEALS DISCRETIONARY (10%)
PETITION MUST BE FILED WITHIN 45 DAYS OF JUDGMENT OR WHEN LAST MOTION OVERRULED
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PRESERVING ERROR OBJECTION MUST BE TIMELY & SPECIFIC GET A RULING
MAKE SURE YOUR COMPLAINT APPEARS IN THE RECORD
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SUGGESTIONS BE SPECIFIC & CONCISE NEVER ARGUE WITH THE JUDGE
USE OBJECTIONS JUDICIOUSLY
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