Appellate Practice for the Maryland Lawyer: State and Federal, Fifth Edition

Editors: Paul Mark Sandler, Andrew D. Levy & Steven M. Klepper

Authors: Hon. Kevin F. Arthur, Hon. Mary Ellen Barbera, Francis B. Burch, Jr., Sarah C. Carr, John J. Connolly, Patricia S. Connor, the late Alexander L. Cummings, Bessie M. Decker, Marc A. DeSimone, Jr., Gardner M. Duvall, Hon. Deborah Eyler, M. Albert Figinski, Diane E. Feuerherd, Hon. Roger L. Gregory, Hon. Paul W. Grimm, Peter H. Gunst, Hon. Glenn T. Harrell, Jr., Gregory Hilton, the late H. Thomas Howell, Harry S. Johnson, Jay B. Knight, Hon. Robert B. Levin, George W. Liebmann, Sean Luhks, Mala Malhotra-Ortiz, Louis P. Malick, Michele J. McDonald, Dana Whitehead McKee, Patrick D. McKevitt, Hon. Diana Gribbon Motz, William J. Murphy, Edward G. Smith, James L. Thompson, Ralph S. Tyler III, Byron L. Warnken, Carrie J. Williams, Hon. Patrick L. Woodward

Appellate Practice for the Maryland Lawyer: State and Federal, the authoritative reference for attorneys handling appeals in Maryland and federal courts, is tailored for expert practitioners who handle appeals regularly and attorneys who handle appeals infrequently. The text includes a treasure trove of advice on fundamental procedures, esoteric techniques, and practical strategies, of use to lawyers representing clients on appeal and lawyers representing clients at the trial level who want to maximize their chances of prevailing on an eventual appeal. Both the novice appellate advocate and the seasoned veteran will benefit from the breadth and depth of this seminal work.

The late Robert C. Murphy, long-time Chief Judge of Court of Appeals of Maryland, described the First Edition as “a monumental work by lawyers and judges” who have produced “a ‘how to do it’ tool for all involved in appellate proceedings.” Editors and authors Paul Mark Sandler, Andrew D. Levy and Steven M. Klepper have once again persuaded the state’s foremost experts to contribute their wisdom to this NEW Fifth Edition. Chief Judge Mary Ellen Barbera provides insight into effective practice before the Maryland Court of Appeals.  Chief Judge Patrick L. Woodward discusses the Court of Special Appeals and provides tips on writing persuasive appellate briefs.  Chief Judge Roger L. Gregory explains the inner workings of the U.S. Court of Appeals for the Fourth Circuit. Clerks of the appellate courts explain the nuts and bolts of procedure inside their offices. Court mediators outline procedures for using mediation to resolve cases.  Throughout the many chapters, the editors and other experienced members of the bar provide invaluable information about techniques of appellate advocacy.

Appellate practice is neither the best known nor the easiest to understand area of legal practice; it is special, even arcane, and often contains harsh sanctions for procedural violations. This book is designed to guide the practitioner through the appellate process: navigating the state and federal rules of procedure; protecting issues for review and perfecting the appeal; handling special challenges related to standards of review, criminal appeals, and appeals from administrative agencies; petitioning for writ of certiorari in the Court of Appeals and in the U.S. Supreme Court; and preparing the appellate brief, record extract (or joint appendix), and for oral argument.  Valuable samples of key documents are included—a Petition for Certiorari to the Court of Appeals, Appellant’s and Appellee’s Briefs in the Fourth Circuit, Petitioner’s and Respondent’s Briefs in the Court of Appeals, and Appellant’s and Appellee’s Briefs in the Court of Special Appeals—strong examples of effective appellate advocacy.

Since its first publication in 1977, each edition of Appellate Practice for the Maryland Lawyer has kept pace with changes in the substance and style of appellate practice. The Fifth Edition reflects developments in Maryland and federal appellate practice since release of the Fourth Edition in 2014 via legislation, court rules, and case law, current as of the beginning of 2018.

Summary of Contents
Chapter 1:   Highlights of the Maryland Appellate Rules
Chapter 2:   Highlights of the Federal Rules of Appellate Procedure
Chapter 3:   Conversation with the Honorable Mary Ellen Barbera,
Chief Judge of the Court of Appeals of Maryland
Chapter 4:   Inner Workings of the Court of Appeals of Maryland
Chapter 5:   Inner Workings of the Clerk’s Office of the Court of Appeals of Maryland
Chapter 6:   Conversation with the Honorable Patrick L. Woodward, Chief Judge of
the Court of Special Appeals of Maryland
Chapter 7:   Inner Workings of the Court of Special Appeals of Maryland
Chapter 8:   Inner Workings of the Clerk’s Office of the Court of Special Appeals of Maryland
Chapter 9:   Court of Special Appeals Alternative Dispute Resolution Program
Chapter 10: Conversation with the Honorable Roger L. Gregory, Chief Judge of the
U.S. Court of Appeals for the Fourth Circuit
Chapter 11: Inner Workings of the U.S. Court of Appeals for the Fourth Circuit
Chapter 12: Inner Workings of the Clerk’s Office of the U.S. Court of Appeals for the Fourth Circuit
Chapter 13: The Office of the Circuit Mediator: Appellate Mediation in the Fourth Circuit
Chapter 14: Preservation
Chapter 15: Initiating Appeals
Chapter 16: Motions Practice in the State Appellate Courts
Chapter 17: Motions Practice in the U.S. Court of Appeals for the Fourth Circuit
Chapter 18: Staying the Judgment and Supersedeas Bonds
Chapter 19: Final Judgments and Interlocutory Appeals
Chapter 20: The Final Judgment Rule in Federal Court: What it is, When and How it Applies,
and the Applicable Standard of Appellate Review
Chapter 21: Applying the Standard of Appellate Review in Civil Cases
Chapter 22: Criminal Appeals in Maryland: The Defense Perspective
Chapter 23: Criminal Appeals:  The State’s Perspective
Chapter 24: Appellate Judicial Notice
Chapter 25: Appeals from Administrative Agencies
Chapter 26: Petitions for Certiorari—View from the Bench
Chapter 27: Petitions for Certiorari—View from the Bar
Chapter 28: Sample Petition for Certiorari
Chapter 29: Court of Appeals of Maryland Review Other Than by Certiorari:
Extraordinary Writs and Certified Questions
Chapter 30: Preparing the Record Extract
Chapter 31: The Joint Appendix
Chapter 32: Brief Writing and Oral Argument—View from the Bench
Chapter 33: Brief Writing—View from the Bar
Chapter 34: A Methodology of Brief Writing
Chapter 35: Amicus Briefs
Chapter 36: Effective Oral Argument Before the Court of Special Appeals
By the Honorable Patrick L. Woodward, Chief Judge
(previously published in the Maryland Bar Journal, January 2017)
Chapter 37: Oral Argument—View from the Bar—Suggestions from One Advocate
Chapter 38: Oral Argument—Through the Looking Glass
Chapter 39: Sample Briefs
Petitioner’s Brief—Court of Appeals of Maryland
Appellee’s Brief—Court of Appeals of Maryland
Appellant’s Brief and Record Extract—Court of Special Appeals of Maryland
Appellee’s Brief—Court of Special Appeals of Maryland
Appellant’s Brief—United States Court of Appeals for the Fourth Circuit
Appellee’s Brief—United States Court of Appeals for the Fourth Circuit
Table of Cases
Index