The Constitutional Appellate Warrior
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Appellate practice in constitutional cases is where the record built at trial either holds together or falls apart. The constitutional error that was perfectly preserved is reviewed de novo. The error that was not objected to is reviewed for plain error — a standard that saves few defendants. The structural constitutional error is grounds for automatic reversal without harmless error analysis.
The Constitutional Appellate Warrior is Volume XLVIII of Wayne Richard Evangelista's Constitutional Law Series.
Wayne Richard Evangelista covers the full constitutional appellate landscape: jurisdiction — final judgment rule, collateral order doctrine, § 1292(b) certified questions, and mandamus; certiorari practice — the circuit split, recurring important federal question, and percolation doctrine; standards of review — de novo for legal conclusions, clear error for factual findings, and mixed questions; preservation — specificity, timeliness, and the contemporaneous objection rule; plain error under Olano — error, plainness, effect on substantial rights, and the discretionary fourth prong; structural error — the short list including denial of counsel, biased judge, racial discrimination in jury selection, denial of public trial; harmless error — the Chapman v. California constitutional standard; and Supreme Court practice for constitutional cases.
The Constitutional Appellate Warrior
$69.99
Sale price
$69.99
Regular price