#FIFTH CIRCUIT COURT OF APPEALS OPINIONS TRIAL#

An example is denial of motion to dismiss based on double jeopardy grounds. 6В The вЂњcollateral orderвЂќ exception to the final judgment rule permits appeals from other interlocutory orders. В§3415 involving review of release and detention orders. 5В In criminal cases, the only express statutory basis for вЂњinterlocutoryвЂќ appeals is 18 U.S.C. 3В in civil cases, the courts of appeal also have jurisdiction from вЂњinterlocutoryвЂќ orders granting or denying injunctions, appointing receivers, in certain admiralty cases, 4В and from orders that fall within the вЂњcollateral orderвЂќ exception to the final judgment rule first announced in Cohen v. JURISDICTION: MANDATORYДЇederal courts of appeal have jurisdiction to review вЂњfinalвЂќ decisions of district courts in both civil and criminal cases. The following comparison of the individual steps will demonstrate these differences in overall approach.

The responsibility for filing the record and obtaining extensions is placed on the attorney, not the court, and only a few courts have written rules explaining their local practices. Lawyers must be more attentive to state procedural rules. In contrast, in the state courts, no one is looking over a lawyerвЂ™s shoulder to supervise compliance with appellate rules. The Fifth Circuit supervises the preparation of the record, sends the lawyers forms for compliance with the appellate steps, and provides detailed written local rules to assist in compliance. In federal court, appellate procedures are relatively simple. There are fundamental differences in the approaches taken by the federal and state courts. 2В It compares the basic procedural steps in the Fifth Circuit with those in the Texas Courts of Appeal.

1В Addressing this type of confusion of procedure is the purpose of this article.

#FIFTH CIRCUIT COURT OF APPEALS OPINIONS TRIAL#

The appellate lawyer who usually practices in the Texas Courts of Appeals may be tempted to perfect an appeal by filing a cost bond in the Fifth Circuit within 30 days of the signing of the trial courtвЂ™s judgment. Procedures Before Appellate Courts: A Comparative Overview of the Fifth Circuit and Texas Courts of Appeal

Fifth circuit court of appeals opinions