Friday, January 8, 2021
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 DReal@Creighton.edu or on Twitter (@Daniel_L_Real) or (2) Catharine Du Bois at DuBoisLegalWriting@gmail.com or on Twitter @CLDLegalWriting.
U.S. Supreme Court News:
As discussed by Bloomberg Law this week, the Court's practice of "relisting" cases can give insight into which cases the justices are interested in hearing. The article explains the process, how it works, and what it might mean to see a case relisted.
Federal Appellate Court Opinions and News:
One of the biggest areas of interest to watch during President-Elect Biden's next couple of years is what happens with the federal judiciary. There has been much discussion of how the makeup of the judiciary has been shaped over the last several years by Republican control of the Senate and President Trump's nominations. Now, with a Democratic President and Senate, much attention is being paid to how Biden might make his mark on moving the balance of the judiciary.
This week, the Fourth Circuit Court of Appeals ruled that an automatic life sentence without parole is cruel and unusual punishment for intellectually disabled adults. See the opinion in Avalos v. Texas HERE.
This week, the Seventh Circuit Court of Appeals ruled that Indiana's practice of requiring sex offender registration for people who move into the state in situations where it would not require registration of Indiana residents is unconstitutional. See the opinion in Hope v. Commissioner HERE.
Appellate Practice Tips and Pointers:
See this article from Eugene Volokh at The Volokh Conspiracy, from June 2007, about breaking into appellate law.