Category Archives: Preservation of Error

Check out the (relatively) new appellate blog, “I Object!”

I recently learned of the very helpful I Object! A Blog on Preservation of Error, which was started in October 2014 by the Florida law firm of Carlton Fields Jorden Burt. As the name implies, the blog addresses the finer points of … Continue reading

Posted in Appellate Practice, Preservation of Error | Tagged | Leave a comment

DWI lawyer Ron Bell prevails on appeal in his own DWI case

Virtually everyone in Albuquerque has seen Ron Bell’s billboards and television commercials proclaiming his willingness to sue malefactors of all sorts; many of these include his catchphrase “I sue drunk drivers!” So some people experienced a fair amount of schadenfreude when Mr. Bell was arrested for … Continue reading

Posted in New Mexico Court of Appeals, Opinions and Analysis, Preservation of Error | Tagged , , | Leave a comment

“It is enough to present a defense; harping on it is not required.”

I thought you might enjoy this quote from Judge Frank Easterbrook’s opinion in Jentz v. ConAgra Foods, Inc. (7th Cir., Sept. 9, 2014), at page 6. Judge Easterbrook was responding to an appellee who argued that the defendant did not “feature” a particular defense … Continue reading

Posted in Appellate Practice, Preservation of Error | Tagged | Leave a comment

Watch those verdict forms, says Tenth Circuit

As an appellate lawyer, I have a continuing (and probably unhealthy) obsession with verdict forms. Just like any other jury instruction, they can make or break your appeal. So it’s important to know when you must object to them, and … Continue reading

Posted in Opinions and Analysis, Preservation of Error, Tenth Circuit | Tagged , , | Leave a comment

NM Supreme Court reaffirms right of non-English speakers to serve on juries

One of today’s headlines at Drudge Report is “You can serve on jury even if you don’t understand english” (sic), referring to yesterday’s decision by the New Mexico Supreme Court in State v. Samora, which reaffirmed that proposition. Juror service … Continue reading

Posted in New Mexico Supreme Court, Preservation of Error | Tagged , , , | Leave a comment

“You Forgot to Swear In the Jury? No Prob”

Joe Palazzolo has this report from the Wall Street Journal’s Law Blog about the Tenth Circuit’s decision in United States v. Turrietta, which reinforces the lesson that a lawyer usually cannot sit by while error occurs and successfuly take advantage of it later.  What makes … Continue reading

Posted in Appellate Practice, Opinions and Analysis, Preservation of Error, Tenth Circuit | Tagged , | Leave a comment