Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Friday, November 15, 2019

Appellate Advocacy Blog Weekly Roundup November 15, 2019


Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure to include, feel free to send a quick note to either (1) Dan Real at or on Twitter (@Daniel_L_Real) or (2) Catharine Du Bois at or on Twitter @CLDLegalWriting

US Supreme Court Opinions and News:

This week, the Supreme Court heard arguments in a case involving a lawsuit filed by the parents of a Mexican teenager shot over the border by an American agent.  In 2010, Border Patrol Agent Jesus Mesa Jr. shot into Mexico, struck 15-year-old Sergio Adrian Hernandez Guereca, and killed him.  U.S. officials chose not to prosecute Mesa, and Guereca's parents attempted to file suit against him.  Federal judges dismissed the claim, which has prompted appeals to the Supreme Court.  This is the second time the case has appeared before the Court.  At issue in this appeal is the continuing viability a Bivens action, allowing plaintiffs to sue federal officials for breaking constitutional law.

More information:

This week, the Supreme Court heard arguments in an appeal that will determine whether President Donald Trump can cancel President Barack Obama's Deferred Action for Childhood Arrivals (DACA) program.  The arguments suggested that the Court will likely be ideologically divided in the case, with the five more conservative members seeming likely to support the Trump administration's desire to terminate the program.

More information:

Federal Appellate Court Opinions and News:

This week, the Fifth Circuit Court of Appeals issued an order in an appeal involving Texas death row inmate Patrick Henry Murphy. The Southern District of Texas granted a motion to stay the execution, and the Texas Department of Criminal Justice appealed, seeking to vacate the stay order.  The Fifth Circuit denied the requested relief, leaving the stay in place.

Appellate Practice Tips and Techniques:

Jason Steed, an appellate lawyer in Texas, shared legal writing tips from Dallas Court of Appeals Justice Whitehill this week, in a twitter thread HERE.

Appellate Job Postings:

The United States Court of Appeals for the D.C. Circuit is hiring a staff attorney.  Posting HERE.

The Texas Fourteenth Court of Appeals is hiring a staff attorney.  Posting HERE.

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