This case is before the Court on the petition of Larry R. Wetzel for a writ of mandamus. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const. By order dated January 24, 2019, we denied Wetzel’s petition pursuant to Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000). See Wetzel v. Travelers Companies, Inc., No. Read more about the opinion here: SC18-2109, 2019 WL 757936 (Fla. Jan. 24, 2019). Concurrent with the denial of the petition, we expressly retained jurisdiction to pursue possible sanctions against Wetzel. Id.; see Fla. R. App. P. 9.410(a) (Sanctions; Court’s Motion). Contact our appeal lawyer in Florida Robert Sirianni to discuss mandums petitions in Florida Appellate Courts. source https://www.brownstonelaw.com/florida-supreme-court-appeals-larry-wetzel-v-travelers-companies-inc/
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Writing a perfect and convincing appellate brief is art perfected by experienced appellate lawyers over time. For inexperienced lawyers, writing a strong appellate brief for the first time can be a daunting challenge. Essentially, an appellate brief is a formal document presented to an appeals court by lawyers which covers all legal arguments supporting their case. The sole purpose of authoring this document is to convince the judges to decide the case in favor of your client.
Adopt a focused approach Coherency, focus, and clarity – these three elements can make your appellate brief strong enough to impress and possibly convince a judge. While conducting legal research regarding their case, many senior appellate tend to lose focus and end up wasting time upon legal aspects and instruments which do not have a direct connection with their case.
Always stay focused on your objectives while working on your draft – it is natural to get intrigued by questions of law and drive into an entirely different dimension. Keep your research as focused as possible to produce a top-notch appellate brief.
Highlight & Present Major Issues Convincingly For appellate writing an appellate brief for the first time, it is imperative to identify and highlight the most pertinent issues of law. Finding precedents and statutes which substantiate your case should be your primary objective. In courts, only proof and evidence matter so make sure your appellate brief substantially outlines the errors made in trial court with evidence. Focus on your strongest arguments and build upon them rather than filling your brief with minor issues which would adversely reduce the significance of your most compelling arguments.
Avoid Making Generalizations By making any tall claims or false information or anything which cannot be backed up with a credible source of information, you will make your appellate brief less effective. It is imperative to fact check every argument and statement you make in your appellate brief. Many appellate lawyers, who are proficient at drafting appellate briefs tend to spend a considerable amount of their time proofreading and fact-checking all their arguments.
Just one generalization or misinformation can render all your other powerful arguments useless. Always strive for perfection to garner positive results. Base your brief on law and legal arguments rather than generalizations and emotional pleas.
Strictly Follow the Rules Another important aspect to consider while drafting your first appellate brief is taking into account the rules and format outlined by the respective courts. Surprisingly, a number of appellate lawyers fail in staying within the rules while drafting their respective briefs. There has been precedent where a court rejected an appellate brief because it attempted to evade the court’s page limit by adding extraordinarily verbose and lengthy footnotes. Therefore, it is imperative to write your brief, keeping in mind the requirements and limitations set by the respective courts for writing a valid and acceptable appellate brief.
Presentation Lastly, and most importantly, the presentation is the most important aspect of writing an appellate brief, especially if you are doing it for the first time. While you may have added great legal arguments in your brief, if you do not present it in a chronological and coherent manner, the judges will not be able to make any sense of it. According to senior lawyers, it is recommended to formulate a chronological table of contents to provide ease to the judge and for your arguments to be received, read and considered in the sequence you originally planned.
In summation, you can certainly right a great appellate brief at your first attempt if you stay focused, conduct a thorough research and present your arguments properly. Although, only the most talented and experienced appellate lawyers have the skill to draft a perfect appellate brief which can convince the court in favor of their respective clients.
At Brown Stone Law we have a team of skilled criminal lawyers that can handle your case with perfection. Give us a call now to get consultancy from experts
source https://www.brownstonelaw.com/tips-for-writing-a-strong-appellate-brief-for-the-first-time/ If someone has committed a criminal offense against another person, generally it’s the victim who wants to press charges to get justice. In contrast with civil offenses, pressing criminal charges can be quite difficult. Unlike civil lawsuits where the victim is able to directly file charges against the person who committed an offense, criminal lawsuits can only be filled by the prosecutor’s office.
Although, you can influence the prosecutor’s decision to press charges with the help of an experienced criminal appeal lawyer. If you are looking to press charges against someone, we have compiled some of the most common aspects of pressing criminal charges
Only a Prosecutor Can Press Charges in a Criminal Lawsuit As mentioned earlier, only the prosecutor’s office has the power to file criminal charges against the accused. Depending on the nature of the offense and the circumstances of the case, you can certain steps to influence the prosecutor’s decision to press charges. Your chances of success increase exponentially if you have a proficient appeal lawyer to build a cogent and legally sound argument.
File a Police Report The first and foremost thing to do in most cases is to file a police report, including as much information as you can about the nature of the crime and the identity of the person who did committed it. You can consult an experienced lawyer to ensure your police report is properly filed.
Your police report will initiate police investigation against the accused and if the police are able to gather substantial evidence and/or credible witnesses, they would have strong grounds (probable cause) to procure an arrest warrant. Essentially probable cause entails two conclusions – one that a crime occurred and the suspect is the one who committed it. Collect & Preserve Evidence In order to press criminal charges against someone, you would need reliable and admissible evidence to support your case. According to experienced criminal lawyers, many people tend to underestimate the significance of collecting and preserving evidence and therefore fail in their attempts to press charges.
Supporting evidence for pressing charges can include:
Cooperating With Police & Prosecutors Cooperating with the investigators and prosecutors is an integral aspect of the whole process. Without your full cooperation and assistance, the prosecutors will not be able to find enough grounds to successfully press charges. Especially, if you are the main witness against the suspect, your cooperation becomes even more significant. At times, the prosecutor may want to press charges even if you have decided not to press charges. If you have a good lawyer, s/he will also advise you to meet the criteria and cooperate fully with the prosecutor. Statues of Limitations Last but the most important aspect of initiating a process to press criminal charges – statutes of limitations. In many instances, people do not immediately think of filing a police report or pursue a course of action to press charges – as is your right. But in most cases, there is a limited time period within which you have to make your decision and file a report. The statutes of limitations vary upon the nature of the crime and the state it was committed in. It’s generally between 1 – 5 years. That means you need to report the crime as soon as you can to exercise your right to justice.
If you are on the fence regarding filling a police report, it can be helpful to consult with local, experienced criminal appeal lawyer with good credentials.
At Brown Stone Law we have a team of skilled criminal lawyers that can handle your case with perfection. Give us a call now to get consultancy from experts source https://www.brownstonelaw.com/the-complete-criteria-of-pressing-charges-against-someone/ |