Howard J Bashman

August 14, 2006 | Law.com

As we draw ever closer to the beginning of the U.S. Supreme Court's October 2006 term, appellate litigator Howard J. Bashman pauses to give us a glimpse of the oral arguments at the top of the justices' calendar. From sentencing to patent royalties to telecom disputes, the start of the new term offers a variety of issues. Bashman also predicts that the 9th Circuit is on its way to being reversed in at least three of the four cases to be argued in October.

By Howard J. Bashman

6 minute read

February 12, 2007 | Law.com

Litigator Howard J. Bashman takes a look at a recent dustup between a trial court judge and a California appellate court that all began with the use of the term "kangaroo court." Ironically, the rules for proper handling of appeals are partially to blame for the misunderstanding, writes Bashman. Who actually said what, and what lessons does this failure of interpersonal relations hold for other attorneys?

By Howard J. Bashman

5 minute read

September 24, 2007 | Law.com

Federal Rule of Appellate Procedure 10 states that the record on appeal consists of the papers and exhibits filed in the trial court, the transcript of proceedings if any, and a certified copy of the trial court docket entries. To qualify for inclusion in the appendix on appeal, the item or document must be a part of the record on appeal. And yet, disagreements about the appendix's contents still arise. Appellate litigator Howard J. Bashman takes a look at the issues.

By Howard J. Bashman

7 minute read

September 11, 2006 | The Legal Intelligencer

When it comes to handling appeals, as in so many other areas of the law, some lawyers are more talented than others.

By Howard J. Bashman

6 minute read

June 19, 2006 | Law.com

The 8th Circuit is the only federal appellate court to consist of a majority of active judges appointed by President George W. Bush. It also includes two of Bush's youngest nominees: Steven M. Colloton and Raymond W. Gruender. Howard J. Bashman writes that those judges, sitting on a panel with Senior Circuit Judge John R. Gibson, a Reagan appointee, recently issued a ruling in a prisoner appeal sure to surprise those looking for conservatism from all of Bush's federal appeals court nominees.

By Howard J. Bashman

7 minute read

June 18, 2007 | The Legal Intelligencer

The late 8th Circuit Judge Richard S. Arnold is justifiably viewed as one of the best appellate judges ever to emerge from Arkansas (or anywhere else, for that matter), and now the Supreme Court of Arkansas has found a fitting way to honor one of the appe

By Howard J. Bashman

5 minute read

June 14, 2004 | The Legal Intelligencer

What issues can a losing party raise on appeal? With very few exceptions, only those issues that the losing party has properly preserved while the case was pending before the trial court.

By Howard J. Bashman

9 minute read

May 12, 2004 | Law.com

The month of April marked another turning point in the ongoing battle over whether appellate courts should prohibit citation to opinions designated as unpublished or non-precedential. Appellate attorney Howard J. Bashman examines the issue and argues that the rules that cause unpublished decisions to remain under wraps "impede the central goal of justice: a populace that has legitimate confidence in the work of the judiciary."

By Howard J. Bashman

7 minute read

April 10, 2006 | The Legal Intelligencer

Unlike at a jury trial, where the jury's decision following the conclusion of the evidence ordinarily issues just hours or days later, appellate courts take considerably more time to issue their rulings. And the reasons for this are quite understandable. Appellate briefs must be considered, the record on appeal must be reviewed, and a decision explaining the result of the appeal must be written and approved by the judges on the panel.

By Howard J. Bashman

6 minute read

September 14, 2009 | The Legal Intelligencer

If, like me, you were recently away on vacation, you may have missed news of two interesting developments involving the Pennsylvania Supreme Court and Pennsylvania Rule of Appellate Procedure 1925.

By Howard J. Bashman

8 minute read