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Raffi Melkonian Profile picture
@RMFifthCircuit
Jun 8, 2021 • 8 tweets • 3 min read • Read on X
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This Friday afternoon I'm giving the Fifth Circuit update at the mighty Conference on State and Federal Appeals (so sad I can't see all my friends at the conference this year - hopefully this is the last one fully on zoom)

utcle.org/conferences/AP…
I'm often asked how to find out who the appellate lawyers in Texas are (by students or laterals). One way, it occurs to me, is to just make a list of all the speakers. That's underinclusive, but it'll capture a LOT of us.
Also, the timing gives you a fair summary of Texas appellate practice - Fed Appeals is Friday PM, with most of the conference given over to state appeals. That's ... how practice is here too.
@doncruse's statistical presentation is a can't miss.
Connie will be awesome on dealing with the press.
@JudgeDanHinde on the PJC is top notch
A superstar panel with @RuthanneDeutsch on RBG. Timely and exciting.
Amicus Carl on Amicus Briefs

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More from @RMFifthCircuit

Raffi Melkonian Profile picture
May 4
Imagine your job is to get qualified immunity here

ca5.uscourts.gov/opinions/pub/2…
Image
What in the world were these officers playing at? Image
Indeed Image
Read 4 tweets
Raffi Melkonian Profile picture
Apr 5
Re: Judge Cannon - in civil cases, we normally do jury instructions at the end of the trial. Is criminal different?

Again, I think she's wrong not to sort out the mess now, but there's a lot of magic thinking in the articles I'm reading about how she's behaving.
The reason it's unusual here is that the former President is being prosecuted. But I've got to assume in 99.99% of other cases the charge conference is after the close of evidence.

One time, I had a case where the judge up and wrote some jury instructions 2/
Before trial and read them to the jury, but he said they were preliminary and he would change them after taking argument.

Otherwise it's at the end. And yes, this often involves major decisions (like the rule of law that governs the case).
Read 4 tweets
Raffi Melkonian Profile picture
Mar 20
Unless I'm interrupted by a call, I am going to take the time to live-tweet the SB4 stay argument this morning at CA5 at 10 am.

For those new to CA5 and its characters: the panel is Chief Judge Richman, Judge Andrew Oldham, and Judge Irma Ramirez, the newest judge. 1/
For those who don't know, Chief Judge Richman has been on the Court for some time. You may know her as Priscilla R. Owen, her name until recently (she changed her name upon marrying Chief Justice Nathan Hecht of Texas). She will be the voice you hear presiding. /2
J. Oldham is a Trump appointee and former staffer for Governor Abbott (I think - unless it was Paxton). As I noted yesterday, he has twice voted for Texas's border policies, plus he dissented from the Court's decision to block SB4 last night. So I assume his mind is made up. /3
Read 33 tweets
Raffi Melkonian Profile picture
Feb 25
So I think the point that Trump doesn’t need to bond to appeal has been made, so let me quickly address one other thing: unless someone shows me otherwise, the $450,000,000 judgment is enforceable right now (realistically, Monday) 1/
Yes, Trump has 30 days to appeal, that’s true. /2 Image
And it’s also true that under CPLR 5519, the stay if he gets a bond is effective upon filing of the notice of appeal /3 Image
Read 6 tweets
Raffi Melkonian Profile picture
Feb 22
Again, I do not understand why people are having such trouble getting this, but it is absolutely not true that Trump has to pay the judgment or bond the judgment or do anything to the judgment to appeal.

newrepublic.com/post/179203/tr…
Image
Yes, it is likely going to be very hard for Trump to bond $450,000,000, I agree. But he can still appeal.
All an appellate bond does is prevent the plaintiff from executing on the judgment during the appeal. That's it. It has nothing to do with whether you are allowed to appeal.
Read 5 tweets
Raffi Melkonian Profile picture
Mar 2, 2023
CA5 amended its decision in Rahimi - its Feb. opinion striking down, under Bruen, 922(g)(8)'s gun restrictions.

Judge Ho expanded his concurrence. Among other points, he now says that domestic violence orders are used strategically in divorce. 1/

drive.google.com/file/d/13PtN6V… Image
Because those orders have this strategic element, he says, men are sometimes subject to unwarranted restraining orders (and thus deprived of their "first class" right to arms /2 Image
And, he adds, because judges feel compelled to issue "mutual" protective orders, women are deprived of the guns they need to fight abusers. Indeed, abusers might invoke 922(g)(8) to "taunt" and "subdue" their victims. Image
Read 4 tweets

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