The Appellate Practice Committee strives to demystify the appellate process through its programs and the work of its subcommittees. Committee members monitor current developments in case law, proposed amendments to procedural rules, and proposals for legislation. Subcommittees also work on appellate institutes, the National Law Student Appellate Advocacy contest, program planning, and numerous special assignments.

Rule 3(c)(1)(B) of the Federal Rules of Appellate Procedure requires that a notice of appeal “designate the judgment, order, or part thereof being appealed.” In USCOC of Greater Missouri v. City of Ferguson, Missouri, Case No. 08-3705 (8th Cir. Oct. 9, 2009), the Eighth Circuit again cautioned that compliance with this rule “is more than a mere technicality.”

The Fifth Circuit affirmed the district court’s grant of summary judgment in favor of the defendants, a high school principal and a school board, where two students claimed the school’s policy prohibiting display of the Confederate flag on school grounds and enforcement of that policy was unconstitutional.

The court of appeals held that it had jurisdiction under 28 U.S.C. §1291 to consider an appeal from a denial of a motion to dismiss an indictment on double jeopardy grounds.

President Obama has nominated Albert Diaz and James A. Wynn Jr., both of North Carolina, for seats on the Court of Appeals for the Fourth Circuit.

The Fall 2009 edition of the Appellate Practice is now available in the newsletter section.

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