Today in State v. Chapman, the Ohio Supreme Court issued an order in response to the state of Ohio’s Motion for Leave to file its Merit Brief Out of Time. The Supreme Court ordered that Chapman must respond to the request before 12:00 on Monday, June 8. Chapman (and amicus on his behalf), timely filed the initial briefs on April 6, 2020 (the 40 days allotted under Supreme Court Rule of Practice 16.02). This would have made the state’s brief due May 17 (well, May 16, but that’s a Sunday). The state did not file anything before that date. Continue Reading COVID-19 and Supreme Court extensions

Most litigators know one, or have heard of one – the appellate specialist. Whether formally credentialed or not, this particular attorney has done more oral arguments in the past year than you have done in the past 20. Yet, when the time comes, you, the seasoned litigator facing an appellate issue, are apprehensive about engaging this specialist. In this article, I will discuss frequently heard myths and misconceptions about utilizing an appellate specialist with the hopes of demystifying their practice, demonstrating that an appellate specialist is truly a go-to resource for the trial attorney, and improving outcomes for you, your firm and your client. Continue Reading Dealing with an appellate specialist: Myths and misconceptions

The speed with which our courts have adjusted to the COVID-19 pandemic is truly remarkable. From the court personnel themselves engaging in work from home to rescheduling and adjusting based on the emergency orders from Gov. Mike Dewine and the Ohio Supreme Court, there has been a lot of effort to keep the wheels of justice moving.

Appellate courts have had to figure out what oral argument looks like in the age of social distancing. The Ohio Supreme Court has engaged in video oral arguments (first by GoToMeeting, then by Zoom). I’ll have more to say about video oral arguments in a later post — they are achieving their general objectives, but attorneys are not taking advantage of some opportunities to make sure they present themselves in the best light. Continue Reading Remote oral argument