A recent dissent by Judge Kelly in an Eighth Circuit civil rights case highlights an interesting fact. Prison inmates (and individuals committed involuntarily to mental health institutions) are the only people in the United States who enjoy a constitutional right
Appellate Law Blog
Insight and Strategy on Appellate Matters in Missouri and the Eighth Circuit
The Appellate Law Blog, published by the Michael Gross Law Office, focuses on appellate practice primarily within the Eighth Circuit and Missouri appellate courts. It covers topics such as appellate litigation strategies, brief writing techniques, standards of review including plain error, and civil rights issues like inmate medical care. The blog also addresses procedural aspects like class certification in securities fraud cases and provides guidance on mediation and trial consultation from an appellate perspective. It serves as a resource for trial and appellate attorneys seeking insights on appellate procedure, legal writing, and case law developments relevant to appeals and post-trial motions.
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Brief-Writing: Cleaning up the Citation of Multi-Layered Quotes
Quoting judicial opinions can authenticate and bolster arguments in a brief. The problem is that direct quotes can get cumbersome. The opinion you are quoting may have quoted from another decision, which may have quoted from yet another. And so…
8th Circuit: Some Insight Into the Plain Error Standard
Appellants try to get trial court judgments reversed. The basic job of appellate judges is to decide, case-by-case, whether a trial judge made an error significant enough to require that his or her judgment be overturned.
The tests appellate judges…
Brief-Writing: Missouri’s Mandatory (But Brilliant) Formula for Argument Headings
Missouri appellate courts take the structure of an argument heading very, very seriously. For decades the Missouri Supreme Court has prescribed the format of “points relied on” and insisted on compliance. Briefs have been stricken and appeals dismissed for wayward…