Mastering The Standards of Appellate Review - 2005
Recorded in Los Angeles
November 9, 2005
(includes Handout)
(3 hours MCLE credit,
including 0.5 hours "Legal Ethics")

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Focus
Using the standards of review to decide whether to handle the appeal; Framing the issues to obtain the most favorable standard of review; What to look for in the record to facilitate use of the most helpful standard of review; Decisions that can make or break your appeal; Dealing with mixed factual and legal issues; Turning a factual issue into a legal issue; Unearthing and using structural errors to obtain de novo review; Raising legal error when the trial court is vested with discretion; Getting the appellate court to view the facts in the light most favorable to your client; Crafting and using an effective statement of decision; Successfully defending a judgment on appeal by arguing: right result for wrong reasons, harmless error, waiver; Working with presumptions to win your appeal.

HIGHLIGHTS:
• Using the standards of review to decide whether to handle the appeal
• Framing the issues to obtain the most favorable standard of review
• What to look for in the record to facilitate use of the most helpful standard of review
• Decisions that can make or break your appeal
• Dealing with mixed factual and legal issues
• Turning a factual issue into a legal issue
• Unearthing and using structural errors to obtain de novo review
• Raising legal error when the trial court is vested with discretion
• Getting the appellate court to view the facts in the light most favorable to your client
• Crafting and using an effective statement of decision
• Successfully defending a judgment on appeal by arguing:
      • right result for wrong reasons
      • harmless error
      • waiver
• Working with presumptions to win your appeal
Panelists
Justice Judith L. Haller, Moderator -- -- Calif. Court of Appeal, 4th Dist., Div. 1
Justice James J. Marchiano -- Calif. Court of Appeal, 1st Dist., Div. 1
Joseph G. Baxter -- Private Practice
Dick Sherman -- De Goff & Sherman