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Publication

Arizona Appellate Handbook, Vols. 1A & 1B, 5th Ed., 2010


New 5th Edition - Now in two volumes. PUBLICATION DATE: April 15, 2010
Course Number: PUB201-110
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  • Co-chairs and Editors:

    Hon. Philip L. Hall, Court of Appeals, Divison One

    Pamela B. Petersen, Attorney at Law

     

    Features:

    • Numerous forms 

    • Outlines of procedural steps 

    • Flow charts 

    • Comprehensive table of authorities 

    • Subject Index

     

    Contents:

     

    Chapter 1: The Arizona Appellate Courts

    Hon. Philip L. Hall - Court of Appeals, Division One

    The chapter covers the composition of the courts, the internal structure, dispositional process and other miscellaneous matters like the supreme court’s monthly agenda, attorneys’ fees and costs, e-filing, and fee schedule, administrative orders and judicial biographies.

     

    Chapter 2: Appellate Advocacy

    Michael J. Meehan - Of Counsel, Munger Chadwick, PLC

    This chapter describes how to be persuasive and effective in prosecuting or defending an appeal. It is detailed and discusses important principles and practices that are central to any appeal. It is principally intended for appeals in Arizona courts, but most of its contents are applicable in all appellate court systems.

     

    Chapter 3: Civil Appeals & Forms

    Susan M. Freeman - Lewis and Roca LLP

    Paul G. Ulrich - Paul G. Ulrich, PC

    This chapter explains procedures for appeals in civil cases from the Arizona superior court to the court of appeals and supreme court and contains 57 sample forms and pleadings used in civil appeals.

     

    Chapter 4: Criminal Appeals, Habeas Corpus and Post-Conviction Relief & Forms

    Tom Dennis - Maricopa County Office of Legal Advocate

    Jon Anderson - Maricopa County Office of Legal Advocate

    This chapter covers the procedures by which Arizona defendants can attack their Arizona convictions and sentences, and also appeals by the state of adverse trial court rulings. This chapter is primarily written for defense counsel less familiar with appellate practice and contains 35 forms and pleadings.

     

    Chapter 5: Workers’ Compensation Reviews & Forms

    Andrew F. Wade - Chief Counsel, Industrial Commission of Arizona

    This chapter concerns (1) court of appeals review of “awards” of the Industrial Commission of Arizona (ICA) under A.R.S. §§ 12-120.21(A)(2) and 23-951(A), and Rule of Proce­dure for Special Actions 10; (2) supreme court review of these court of appeals decisions under A.R.S. § 12-120.24 and Arizona Rule of Civil Appel­late Proce­dure 23; and (3) court of appeals and supreme court special action relief from ICA awards under RPSA other than Rule 10.

     

    Chapter 6: Juvenile Appeals & Forms

    Terry Reid - Office of the Maricopa County Public Defender

    Suzanne Sanchez - Office of the Maricopa County Juvenile Public Defender

    This chapter explains how to appeal from a final order of the juvenile court. This includes appeals arising from all matters in the juvenile court, including delinquency, incorrigibility, diversion, dependency, Title 8 guardianship, emancipation, termination of parental rights and adoption.

     

    Chapter 7: Special Actions & Forms

    Beth Capin Beckmann - Chief Staff Attoreny, Court of Appeals, Division Two

    Thomas L. Hudson - Osborn Maledon, PA

    This chapter focuses on special actions filed in the Arizona appellate courts under the Rules of Procedure for Special Actions. Special actions brought under these rules are generally limited to extraordinary remedy proceedings previously termed certiorari, mandamus and prohibition.

     

    Chapter 8: Department of Economic Security Reviews

    Mary Beth Collins - Attorney General’s Office

    This chapter discusses the procedures for obtaining review by the court of appeals of decisions made by the Department of Economic Security. This chapter does not address any DES program that is not subject to DES appeals board and court of appeals review such as vocational rehabilitation, employment services, food stamp fraud, unemployment tax contributions, child protective services review and adult protective services review of allegations of abuse or neglect, or long-term care decisions.

     

    Chapter 9: Direct Appeals From Arizona Corporation Commission Decisions

    Lindy Funkhouser - Assistant Pima County Administrator for Justice and Law Enforcement

    This chapter describes the procedure for challenging decisions of the Arizona Corporation Commission by means of a direct appeal to the court of appeals.

     

    Chapter 10: Election Appeals

    Lindy Funkhouser - Assistant Pima County Administrator for Justice and Law Enforcement

    This chapter describes the procedure for challenging decisions regarding alleged procedural violations of an election process in the appellate courts. The chapter outlines how the courts look to certain benchmarks in the election process to determine the timeliness of a challenge and the resulting appeal. It also discusses appeals involving challenges to specific election procedures, e.g., referendum, initiative, nominating petition.

     

    Chapter 11: Attorneys Fees & Forms

    Timothy Berg, Janice Procter-Murphy, Teresa Dwyer-Federahr & Al Arpad - Fennemore Craig, PC

    This chapter identifies some statutes that may provide a basis for recovery of attorneys’ fees, and discusses generally the procedures necessary to ensure that the courts will consider the merits of applications for fees and objections to such applications. Although this chapter is directed primarily to recovery of attorneys’ fees incurred on appeal, many of the principles discussed, such as the necessity for keeping adequate records, also are directly applicable to preserving a client’s fee recovery rights in proceed­ings before the trial court and administrative agencies.

     

    Chapter 12: Managing an Appellate Practice

    Paul G. UlrichPaul G. Ulrich, PC

    This chapter describes a systematic approach to handling and coordinating the appeals of a law firm or a solo attorney’s practice.

     

    Please allow 7-10 days for shipping.

     

    Jon Anderson
    Thomas J. Dennis, Author
    Hon. John F. Foreman, Author
    Susan M. Freeman, Author
    Hon. Philip L. Hall, Judge
    Michael J. Meehan
    MICHAEL MEEHAN graduated with honors from the United States Coast Guard Academy. After serving as a commissioned officer in the U.S. Coast Guard, including in Viet Nam, he graduated with high honors from the University of Arizona College of law. He served as a law clerk to Associate Justice William Rehnquist in the United States Supreme Court. He practices law in Tucson, representing clients in trial courts and on appeals. He has tried many jury cases and has conducted more than 170 appeals, in the United States Supreme Court, various federal appeals courts and the Arizona appellate courts. He is an Elected Member of The American Law Institute; a Past President of the American Academy of Appellate Lawyers; Past Member of the Federal Appellate Rules Advisory Committee of the Judicial Conference of the United States; and Board Member of the William H. Rehnquist Center for Constitutional Structures of Government. He has been rated among the Best Lawyers of America in business litigation, appellate practice and media law, since the inception of those ratings. His cases have included constitutional rights to free speech, separation of church and state and Miranda rights; business disputes, civil securities fraud, federal rights of debtors in bankruptcy, defense of murder and securities fraud prosecutions, police liability for wrongful death and numerous other areas.
    Pamela Petersen
    Terry Reid
    Suzanne Sanchez
    Paul G. Ulrich, Editor
    Andrew F. Wade, Staff Attorney
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