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Appellate Court Upholds Exoneration of Man Wrongly Convicted of Murder

Posted on 24 May, 2021 at 11:40 Comments comments (9496)

The Texas Court of Criminal Appeals upholds the exoneration of a man wrongly convicted of murder in Houston. According to the Texas Monthly, Lydell Grant was arrested for the murder of a man outside a nightclub in 2010. Six eyewitnesses identified Grant in a lineup as the murderer. Grant always maintained his innocence, but was convicted of the murder after a jury trial.


In 2019, DNA evidence was discovered that exonerated Grant. The DNA pointed to another man who later confessed to the crime. The trial court found that Grant should be exonerated. Despite the DNA evidence and the confession, the case continued through the appellate courts. The appellate court finally affirmed the trial court's decision and exonerated Grant.


Written by: Alexandra Siskopoulos, Esq.

Telephone: (646) 942-1798

Email: [email protected]


If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


Top 5 Appellate Courtrooms in America

Posted on 15 April, 2021 at 13:50 Comments comments (3109)

This country has some pretty great appellate courtrooms. It is always exciting to present your case at oral argument, but it is even more enthralling when you appear before one of the great appellate courtrooms in our nation. We have had the opportunity of being in some of America’s great appellate courtrooms and here is our top 5 list:


Number 5 (tie) - Massachusetts Court of Appeals – These courtrooms are not as imposing as their sister courtroom at the Supreme Judicial Court, but both appellate courtrooms at the Massachusetts Court of Appeals are a great environment to make your argument. These are well proportioned courtrooms that possess a New England air to them – classy, not too ornate and have a timeless appeal. For whatever reason, these courtrooms lend themselves to a certain electricity lacking in some other appellate arenas. A great environment to argue an appellate matter.


Number 5 (tie)- New York Appellate Division, Second Department- This is a rich and elegant room. The intricate details of the ceiling are not truly captured by pictures. The ambiance here is one of gravitas and old school charm. It feels like a centuries old library belonging to an English university. A warm, comforting room that serves as a great place to make an appellate argument.


Number 4- Second Circuit Court of Appeals- This courtroom is grand in scale and its most memorable image is the captivating detail work upon the ceiling. Again, this is a large room and the appellate judges are quite some distance from the attorneys. However, this adds to the elegance and relaxed nature of this particular courtroom. Although situated in NYC, this courtroom has the elegant, lush feel of the Pebble Beach golf course in California. It is plush and serene yet not overly extravagant. A fine appellate courtroom.


Number 3- Indiana Supreme Court- This is the grand dame of appellate courtrooms. If the Wardolf Astoria ever constructed an appellate courtroom, then this would be the one for its clientele. This is an ornate, large room befitting the highest court of the state. Interestingly, this is a large courtroom, but the appellate attorneys are stationed at close proximity with the appellate panel. This creates a very striking tone whereas the natural electricity of argument is heightened by the proximity of the participants, but at the same time you are always well aware of the vast nature of this special legal arena. This courtroom truly is a gem.


Number 2- Supreme Judicial Court of Massachusetts- This courtroom is where America’s oldest appellate body holds court. This courtroom is reminiscent of a Fortune 500 board room where things get done. The weighty nature of this courtroom strikes you as soon as you enter the room. At some point, you think Anthony Hopkins will come from behind the curtain and hold a board meeting for his trillion dollar company, but then you remember this is an appellate courtroom where legal issues are decided. To a certain extent, more important business is handled at the SJC. Finally, this room has the best ambient lighting of any appellate courtroom in America. A cinematographer must have constructed this appellate masterpiece. The SJC courtroom is an entrancing experience.


Number 1- New York Appellate Division, First Department- The previous listings are all incredible appellate courtrooms. However, the First Department courtroom is akin to stepping inside a heavenly body. This is not a courtroom for mere mortals. It is timeless. It is overwhelmingly beautiful. It is America’s finest appellate courtroom. The intricate murals on the walls and the extravagant stained glass dome that hovers above the court reminds the attorneys that they are engaging in legal combat in the pantheon of appellate courtrooms. This is unquestionably the finest appellate courtroom in the United States.


Written by: John V. Siskopoulos, Esq. and Alexandra Siskopoulos, Esq.

Telephone: (646) 942-1798

Email: [email protected]


If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Ashley Judd Wins Appeal Against Harvey Weinstein

Posted on 29 July, 2020 at 14:05 Comments comments (14642)

The Ninth Circuit Court of Appeals has reversed a lower court decision dismissing Ashley Judd's sexual harassment claims against Harvey Weinstein. The case stems from Judd's claims that Weinstein lured her to a hotel room in the 1990s and made sexual advances toward her. After turning down his advances, Judd claims that Weinstein effectively blacklisted her from the film industry.


Judd filed suit for sexual harassment, retaliation and defamation. As to the sexual harassment claims, the lower court dismissed the claims on the grounds that Judd was not an employee of Harvey Weinstein and therefore could not sue for sexual harassment. The lower court reasoned that California law did not permit a harassment claim between a producer and actress who did not have an ongoing employment relationship. 


According to Variety, the appellate court found that the district court should not have dismissed the claim. The appellate court reasoned that "their relationship consisted of an inherent power imbalance wherein Weinstein was uniquely situated to exercise coercion or leverage over Judd by virtue of his professional position and influence as a top producer in Hollywood” and as such, Judd was entitled to sue for sexual harassment.


Written by: Alexandra Siskopoulos, Esq.

Telephone: (646) 942-1798

Email: [email protected]


If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

U.S. Selective Service Male-Only Military Draft Ruled Unconstitutional

Posted on 26 February, 2019 at 11:10 Comments comments (3467)

A Texas federal court judge has ruled that the United States' male-only draft registration requirement is unconstitutional. The Selective Service System currently requires all males between the ages of 18 to 25 to register for the draft. The Texas case was brought by two draft age men along with a National Coalition of Men which is a non-profit rights organization on behalf of men who argued this was gender-based discrimination. According to the Washington Post, the decision does not order the government to revise its registration requirement, but does declare that the process no longer passes constitutional muster. This now raises the issue of whether to government will be required to change the Selective Service rules to require women to register or whether the entire system will have to be disbanded. 


In its decision, the federal court stated that “[w]hile historical restrictions on women in the military may have justified past discrimination, men and women are now ‘similarly situated for purposes of a draft or registration for a draft.'" The court found that the male only draft is unconstitutional gender-based discrimination. The court noted that times have changed since the Selective Services System was created at the start of World War I. This coupled with the fact that in 2015 the Obama administration "rescinded a policy that prevented women from serving in most ground-combat roles" has now made some of the arguments against having women register for the draft a non-issue. The federal judge recognized that his ruling is at odds with a 1981 U.S. Supreme Court decision finding the male-only requirement constitutional, but noted that the Supreme Court case is not longer directly on point now that ground combat has been opened up to women. 


There is currently an New Jersey case encompassing the same issue. In that matter, however, a woman wanted to register with the Selective Service and was rejected because of her gender. She is also challenging the constitutionality of a male-only draft. 


Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

Email:          [email protected]


If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Harvey Weinstein Asks Court to Certify Appeal to Dismiss Sex Trafficking Claim

Posted on 21 February, 2019 at 10:30 Comments comments (3291)

Acccording to Courthouse News Service, attorneys for Harvey Weinstein are seeking a stay and permission to file an interlocutory appeal to the Second Circuit Court of Appeals. Mr. Weinstein's attorneys want an immediate review of a district court order which refused to dismiss claims of sex trafficking against the producer.


The case is one in which an actress, Kadian Noble, claims Weinstein lured her into a hotel room and sexually assaulted her. She alleges that while the assault was taking place, she was told that "everything will be taken care of for you if you relax." Weinstein moved to dismiss the sex trafficking claim and the district court denied the request. The district court judge "concluded that the proverbial casting couch, in which women are asked to trade sex for Hollywood opportunities, could be considered a 'commercial sex act''' and therefore could constitute sex trafficking under the statute.


Weinstein's attorneys want the Second Circuit to decide what constitutes a "commercial sex act." They are arguing that normally "the promise to be free from harm or conduct that threatens the victim's physical well-being and livelihood" is the basis for a claim under the sex trafficking statute. They further argue that nothing of value was exchanged because "career-making and life-changing’ film role" is not what is contemplated under the statute.


Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

Email:          [email protected]


If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

United States Supreme Court Holds Civil Forfeiture Law Violates the Constitution

Posted on 20 February, 2019 at 14:20 Comments comments (1575)

The Supreme Court of the United States has issued a ruling on the constitutionality of civil forfeiture laws. Civil forfeiture laws allow for private property to be seized and forfeited to the government when the property has been used in a crime. Over the years, the civil forfeiture laws have been used to raise significant revenue for states and municipalities. As the use of these laws has increased, so has its criticism. Many have argued that the laws have been abused in order to raise revenue. 


The case decided by the U.S. Supreme Court involved an individual in Indiana who pled guilty to selling $225 worth of heroin to undercover officers. The State of Indiana, however, seized the defendant's $42,000 Land Rover which was purchased with money from his father's life insurance policy. The defendant argued that the seizure of the car violated the excessive fines clause of the Eighth Amendment. The State argued that the Land Rover was used in the commission of the crime and therefore could be seized under the law. The State's position was that there was no limit on what was seized because the excessive fines clause did not apply to the individal states.


The case was taken to the Indiana Supreme Court which ruled that the Eighth Amendement excessive fines clause did not apply to state government. The defendant petitioned the U.S. Supreme Court to hear the case and the court granted certiorari. 


According ot the New York Times, the U.S. Supreme Court has now held that the Eighth Amendment's excessive fines clause does apply to the states. As such, when a civil forfeiture is utilized, the property seized cannot be disproportionate to the crime. This decision will now limit the ability of states to seize private property under civil asset forfeiture laws. 


Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

Email:          [email protected]


If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Appellate Court Holds Rumors About Sleeping with the Boss Can be Sex Discrimination

Posted on 20 February, 2019 at 0:00 Comments comments (5944)

Appellate attorneys successfully argued that spreading rumors about sleeping with the boss can give rise to claims for sex discrimination. According to HR Dive, the Fourth Circuit Court of Appeals reversed a district court's ruling that rumors about sleeping your way to the top is not an actionable sex discrimination claim. The district court reasoned that the harassment the female employee encountered was based upon rumored conduct and not based upon her sex. The appellate court disagreed.


The case stems from a lawsuit brought by a woman who was working at a Virginia warehouse. She was quickly rising through the ranks at the job. This prompted rumors that she was sleeping with a manager to receive this favorable treatment. It was alleged that the highest ranking manager at the facility was the one who started the rumor. This led to hostility at the job with one manager stating that he could no longer recommend her for promotions because of the rumor. She "was eventually fired and sued, alleging a hostile work environment claim for discrimination because of sex, retaliatory termination and discriminatory termination on the basis that the company fired her without adhering to its three-warning rule."


The appellate court reversed the lower court's dismissal of the claims reasoning that the woman had "plausibly invoked a deeply rooted perception that women, not men, use sex to achieve success" and therefore "the alleged conduct was gender-based."


Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

Email:          [email protected]


If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

10 Best Appellate Attorney Practices

Posted on 14 February, 2019 at 17:30 Comments comments (1475)

10 Best Appellate Attorney Practices: 


Whether you are looking to appeal a criminal conviction or appeal a civil court order or judgment, there are a number of practices that should be employed by any good appellate attorney.


Lawyers who are not familiar with appeals often attempt to introduce new arguments or pieces of evidence that were not raised at the trial level. Remember an appeal is not a chance to retry a case, but instead is a legal procedure which is supposed to ensure that trial courts follow the laws. As such, these reviewing courts are concerned with legal errors that were committed by the trial court and an appeal is a chance to address these errors. If the appellate court finds that these errors were prejudicial, the court will overturn the case and order a new trial. This is done in order to ensure that individuals get a fair trial that follows to the law.


The failure to understand the role of the appellate courts can be a major factor in whether you win or lose your appeal. Once you understand the role of the appellate courts, the following is a list of the best practices utilized by lawyers on an appeal:

 

1.     The Best Appellate Attorneys always review the record on appeal.


The record on appeal provides all the information needed to understand which issues were preserved at the trial court level. Preserved issues are always the strongest arguments on appeal.


An appellate attorney needs to support their arguments with citations to the record on appeal. Failing to provide factual citations to your argument is a novice mistake. Without citations to the record, there is no proof the the issue was preserved at the trial level and the appellate court will always ask whether there is proof the issue was preserved. 


Finally, knowledge of the appellate record allows an attorney to counter arguments made by the opposing party. By referencing the record on appeal, you can explain to the appellate court why the opposing party's argument should fail. 

 

2.      The Best Appellate Attorneys frame the appellate issues properly.


This is where experience matters. Framing the issue on appeal way of telling the appellate court which legal issues it needs to address. 


Being able to skillfully frame the issues on appeal is of the utmost importance because it helps the court to understand the law at issue, how the trial court committed error, and how it materially prejudiced the party. All this information must be conveyed in a short and concise statement that makes a strong statement as to how the error tainted the case.


An appellate brief starts with a statement of the issues. It is the first thing the court looks at when the judges begin reading the brief. A properly framed issue can help bolster the appellate attorney's argument and allows the court to understand the legal issues presented right from the start.



3.      The Best Appellate Attorneys apply the appropriate standard of review.


Appellate courts need to know which standard of review they are applying to the issues. In fact, most courts require that this information be provided in the argument section of the brief. As such, an appellate attorney should specifically state whether the court is applying the de novo standard of review or the abuse of discretion standard of review. 


Many inexperieced lawyers attempt to gloss over this part of the appeal because they either do not understand the standards of review or because they are trying to gloss over a weakness in the appeal. Experienced appellate attorneys address these issues in a straightforward manner. The law can become somewhat complicated, but an experienced appellate attorney has the knowledge and ability to set forth the applicable law when explaining to the court the appropriate standard to be used in deciding the issue. 

 

4.      The Best Appellate Attorneys follow the appellate court's rules.


An experienced appellate attorney knows that each court has its own rules and practices. All too often inexperienced attorneys do not review the rules and find that their filings have technical defects. Check the rules and check them often. 

 

5.      The Best Appellate Attorneys make sure they cite good law.


While it is easy to work off of old appellate briefs when drafting your new appeal, this is not good legal practice. Do not be lazy.


You are hired to try and win the appeal. You cannot do this by recycling old briefs where you run the risk of inadvertently citing old law that has been modified or, even worse, overturned. 


Appellate attorneys understand that the law is constantly evolving. Just as the rules of the court can change, the law that governs the case can also change. 

 

6.      The Best Appellate Attorneys format their papers properly.


As an appellate attorney, I can tell you that appellate courts will reject papers that are not properly formatted. Again, the court rules explicitly detail how the brief is to be formatted. Even if you hire an appellate printer, it is still your responsibility to make sure they follow the applicable formatting rules. 

 

7.      The Best Appellate Attorneys make appropriate motions.


An appellate attorney usually does not have to make motions in the appellate court or the lower court. There are times, however, when motion practice is necessary.


An appeal is no place to cut corners. It is an appellate attorney's job to make sure that the appropriate motions are made to ensure that the appellate court has everything necessary to make a meaningful decision on the appeal.


Sometimes a motion must be made to address missing portions of the record or transcripts. Other times a motion to vacate sealing orders must be filed. Other times, a motion seeking injunctive relief is required so that the status quo can remain while the appeal is pending. Appellate attorneys know that the wrinkle with motion practice is that you must know whether to bring the motion in the lower court or the appellate court. 

 

8.     The Best Appellate Attorneys are aware of page limitations.


A skillful appellate attorney knows that courts wants your brief to remain within their stated page limitations. While it is sometimes necessary ask the court for a waiver of this rule, routinely asking the court to exceed page limitations should be avoided. Attorneys experienced in appeals know how to get their point across while adhering to the page limits the court has set. 

 

9.     The Best Appellate Attorneys draft a compelling argument.


This takes time. An experienced appellate attorney knows how to draft a compelling argument. This type of argument weaves the facts and the law together and succinctly explains to the appellate court why its intervention is appropriate. 


A lawyer who does not regularly handle appeals often makes numerous mistakes in drafting the appellate argument. A lawyer should not simply resubmit papers that were filed in the lower court. Another novice mistake is reciting pages upon pages of law with no explanation of how this law relates to the facts of the case on appeal. 


Drafting a compelling argument is skillset that takes years of practice. This is where hiring an experienced appellate attorney is invaluable. 


10.    The Best Appellate Attorneys are prepared for oral argument.


Writing the brief and perfecting the record are important aspects of an appeal, but you also need to prepare for oral argument. Oral argument is where an appellate attorney is questioned by a panel of appellate judges as to the strengths and weaknesses of the case. The judges on the appellate bench have read all the papers and are familar with the portions of the record cited in the briefs. They will often have very tough questions and an appellate attorney needs to be prepared to answer them.


With strict time limitations on oral argument, an appellate attorney knows that you must be prepared to answer any questions as to the law or the facts on your appeal instantly. This requires hours of detailed preparation prior to argument, and failure to prepare for this important stage can be extremely detrimental to your appeal. 


 

Written by:   Alexandra Siskopoulos, Esq. 

Telephone:   (646) 942-1798 

Email:           [email protected] 

 

If you have a civil appeal or criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

How to Select a Criminal Appeal Lawyer

Posted on 13 February, 2019 at 13:30 Comments comments (2140)

How to Select a Criminal Appeal Lawyer


Often criminal defendants who lost at trial want to appeal their conviction. Most of the time, a person convicted of a crime does not know what to look for when selecting a an attorney to handle an appeal.


Here are seven things you should look for when selecting a criminal appeal lawyer are: 


1.  A Criminal Appeal Lawyer Shows Actual Interest - A professional appellate lawyer will show a sincere interest in your case. The lawyer will ask questions regarding about the date of conviction and sentence. Also, a good appellate attorney will inquire about the hotly contested issues at trial. These contested issues will often form the basis of the appeal. A well-respected appellate lawyer will also inquire about pre-trial motions filed by the defense and the prosecution. Further, an appellate lawyer will also ask to review the jury instructions administered at trial.


2.  A Criminal Appeal Attorney Has an Initial Strategy - The good appellate lawyer will also develop an initial strategy after reviewing your case file. This strategy will provide a road map as to the appellate issues that need to be addressed by the appellate court. Of course, the smart appellate lawyer will pinpoint or modify additional appellate issues as the appellate brief is formulated.


3.  Research Driven Appeal- A professional criminal appeals lawyer should explain to you that much research will be needed to complete a strong appeal. You cannot wing an appeal. An appeal is won when strong appellate issues are identified by a criminal appeals lawyer. Thereafter, a compelling statement of facts supports powerful case law which results in a strong legal argument. However, this takes time and intensive research. A professional appellate lawyer will spend numerous hours scouring the trial transcript and researching dozens upon dozens of cases regarding the legal issues involved in your appeal. Simply put, tremendous research effort is needed for a successful criminal appeal.


4.  A Criminal Appeal Attorney Has Legal Writing that is Crisp and Persuasive - A good appellate attorney must have a clean, persuasive writing style. The brief cannot be too wordy nor can it delve into legal issues in a peripheral manner. This takes a tremendous skillset whereas a good criminal appeals lawyer must take voluminous trial transcripts and countless legal cases and boil them into a cohesive, powerful argument that is usually between 25-50 pages long. The average criminal attorney does not usually have this skill set. As a result, a professional criminal appeals lawyer is the appropriate attorney to handle a criminal appeal.


5.  A Good Criminal Appeal Attorney Learns the Record on Appeal- A good criminal appeal attorney reads the entire lower court record. The only way to understand the case and identify preserved issues is to read the indictment, review the motions and read the transcripts thoroughly. A lawyer who does not take this critical step seriously will rarely be able to construct a winning appellate argument.


6.  Returns Calls - Many lawyers rarely return client phone calls. This is not a good idea whereas constant, honest communication is required with the client and the criminal appellate lawyer. So make sure the criminal appeals attorney answers your calls quickly and readily before taking on the case. This is a good sign that communication is considered important and respected by the firm.


7.  Enjoys the Work of Appellate Law - The criminal appellate attorney you are considering is to be respected. Let them talk about your case and potential strategies on appeal. This will give you an opportunity to see whether this appellate lawyer shows a zest for appellate law. A competent criminal appellate attorney will exhibit enthusiasm and discuss the many legal issues involved in your case. So tell your side of the story, but then be prepared to listen.


Written by:   John V. Siskopoulos, Esq.

Telephone:   (617) 959-1628

Email           [email protected]


If you have a criminal appeal and would like to speak with an appellate attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


Appellate Attorneys Will Again Argue Over the Second Amendment Right to Openly Carry a Gun

Posted on 10 February, 2019 at 17:10 Comments comments (827)

Appellate attorneys will again argue before the Ninth Circuit Court of Appeals the issue of whether "the Second Amendment of the U.S. Constitution protects the right to openly carry guns in self-defense." According to Reuters, the Ninth Circuit will convene and hear arguments before the entire appellate panel in Young v Hawaii et al, 9th U.S. Circuit Court of Appeals, No. 12-00336. In a recent decision by the court, the majority of the court found that Hawaii had violated the Second Amendment rights of George Young when it denied him a permit to openly carry a loaded gun in public. In a dissent, it was argued that the Second Amendment only applies to the protection of "hearth and home."


Two years prior to this decision, the Ninth Circuit granted a rehearing in a similar case and the "full 9th Circuit panel found no right to carry concealed guns in public." An attorney for Mr. Young has stated that his "client has made it clear he wants to keep fighting as long as it takes.” Given the fact that the U.S. Supreme Court has recently taken up a New York case regarding strict gun laws, this may be another case that makes its way to the Supreme Court.


Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

Email:          [email protected]


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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