Every every criminal defense appellate lawyer knows that appeals rarely succeed.

In California, the "success" rate is about 20%, but that includes "wins" that don't actually change the outcome much for the defendant.
There's also "harmless error." On appeal you have to show error, plus you have to show that the error might have actually changed the outcome. law.cornell.edu/wex/harmless_e…
Errors are common.
Errors that were not "harmless" are rare.
Actually, now that I poke around, that 20% is high. I haven't done appeals for about 6 years now.

I think the number is more like 10-15%, but again, that includes "wins" on something small that doesn't change the outcome.
I'd guess more like .02 %

It goes like this. The court really screwed up. Win! New trial!

Next time the court does it right and . . . another guilty verdict, this time without appealable issues.

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More from @Teri_Kanefield

23 Apr
Today, April 23, is the day to remember Barbara Johns and the Moton student strike.

What? YOU don’t know who she was?

(Well, new followers might not)

On this day in 1951, in Farmville, VA, she led a walkout to protest the deplorable conditions of her segregated high school.
She was 16. She led her walkout more than 4 years before Rosa Parks refused to give up her seat on a bus, and before MLK, Jr. embraced nonviolence as the way to equality.

After she and her classmates turned the rural town of Farmville upside down, she called in the NAACP.

2/ Image
The NAACP took their case all the way to the U.S. Supreme Court.

Barbara and her classmates became plaintiffs in Brown v. Board of Education, the landmark case that ended segregation in America.

Their case was combined with cases from other states.

Read 8 tweets
20 Apr
This is because so far we have only indictments and pretrial motions.

We haven't yet had any trials.

Prosecutors never put all their evidence into indictments. There is a lower standard of proof for indictments.

Moreover . . .
.. they are putting evidence of planning into the pretrial detention motions.

Indictments require only probable cause that a crime was committed. At trial, the standard is "beyond a reasonable doubt."

Moreover, investigations are ongoing.
A few people asked me about this. nbcnews.com/politics/justi…

You can see how the headline is based on speculation⤵️

Also, the prosecution has presented such evidence—but only when necessary. Image
Read 4 tweets
19 Apr
Last night, @HC_Richardson ended her thought-provoking letter by asking this:

"Last month, six in ten Republicans in a Reuters/Ipsos poll said they believed the election was stolen. Where do Republican lawmakers think this is going to end?"

Heather Cox Richardson is the author of⤵️, so the question comes from someone with a deep knowledge of party history.

It seems to me that the GOP leaders have no long-term plan, and no long-range ideas or visions.

They have a short-term plan: Win at any cost and hold power.

Scholar @jasonintrator defines fascism as a set of tactics for seizing and maintaining power."

The fascist wants power. They do what it takes to achieve that power.

It comes from cynicism: They think everyone is out for power.

Read 13 tweets
18 Apr
Here you go: More than you ever wanted to know about the history of the Second Amendment:

I did a short thread yesterday, but I think I'll expand it today into a more complete thread.

Stand by for an [edited] transcription if you prefer to read.
Transcription: terikanefield.com/wp-admin/post.…

So what do we learn from the history of the Second Amendment?

Takeaway #1: There have always been gun control laws in America.

Examples from this incredible work of scholarship by @MarkFrassetto papers.ssrn.com/sol3/papers.cf…
2/ This one, from Jamestown, 1631, makes it illegal to sell or give guns to Native Americans. Several other colonies passed similar laws.

White traders were profiting from the selling of guns, and the leaders of the colony said no. (Also "we want to be the only ones with guns").
Read 24 tweets
17 Apr
I just gave a talk on what we learn from the History of the Second Amendment to Lift Every Voice Oregon and The Youth Leadership Academy to end gun violence.

An [edited] transcription is here: terikanefield.com/what-we-learn-…

I will have an audio recording to post. Meanwhile . . .
The talk is too long for a Twitter thread (35 minutes plus questions!) but I can put a few takeaways here.

What do we learn from studying the history of the Second Amendment?

First, there have always been gun control laws . . .
. . . there were gun control laws in the U.S. before the ratification of the Second Amendment and immediately after. The idea that the Second Amendment was intended to allow unfettered access to guns is therefore nonsensical.
Read 10 tweets
16 Apr
If you haven't seen this, oh goodness. sfgate.com/news/article/v…
I have a little white terrier, and JJ would totally do this.

I can translate that final bark into people-talk: "And don't come back!" the little terrier told the bear.
The video is here:
My terrier took on a raccoon who jumped the fence and came into our backyard. JJ survived. He needed some stitches and shots.

This particular raccoon was not as mellow and good-natured as a bear.

If you're curious how that fight ended. . .
Read 5 tweets

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