Virtual Training Event Description
Appellate Webinar Series, Session 7: Standard(s) Time – Strategies for Winning Under Every Standard of Review
This will not be your standard “standard of review” presentation. Moving beyond a mere review of the standards, this program will focus on how we can maximize our chances to win in the courts of appeals under any standard of review. While emphasizing briefing strategies for prevailing on clear error, abuse of discretion, and plain error claims, we’ll also explore how to best navigate mixed questions, respond to harmless error arguments, get around draconian preservation rules, and flip the script on the standard of review when we’re the appellee. Throughout, we’ll highlight examples of great litigation from around the country as well as a number of circuit splits, ensuring that this webinar will be of service to both seasoned appellate practitioners and those who may tackle appeals only periodically.
Presenter Biography
John Arceci is Senior Counsel at the Office of the Federal Public Defender in Denver, where he focuses on appeals across the Tenth Circuit and complex motions practice in the district courts of Colorado and Wyoming. A graduate of Brown University, the Whitney Museum’s ISP Fellowship in Studio Art, and Vanderbilt University Law School, he joined the FPD after federal and state clerkships and has spent his entire legal career as a public defender. Mr. Arceci is a member of the Tenth Circuit’s Pattern Criminal Jury Instruction Committee and serves on the Board of Directors of the Faculty of Federal Advocates, where he chairs the CLE Committee.
CLE Applicable Event
VIRTUAL PROGRAM:
This is a virtual program. Defender Services Office Training Division, (DSOTD), generally seeks CLE accreditation for participants and faculty attending virtual programs. CLE for this program will be sought in all applicable jurisdictions. However, actual CLE approval is at the discretion of each bar association/organization. Notably, you must attend the entire virtual program to receive full CLE credit. To minimize reporting fees per attorney/program, if you are barred in more than one of the following states: NM, TN, PA, NE, attendance will be reported to one state only. Attorneys are responsible for making sure the appropriate state and bar number is on file with DSOTD. For states that require DSOTD to report attendance, attendance will be reported using the bar number(s) and state(s) listed on the registration form submitted for this virtual program. Failure to provide a state and bar number may result in DSOTD not being able to report your attendance. Within 30 days of the completion of this virtual program, DSOTD staff will send attendees a post program email with a CLE information sheet detailing the amount of CLE credit approved by each state, a uniform certificate of attendance and a program agenda. If you have further CLE questions about this program, please contact the DSOTD contact listed above. For general CLE questions, visit our CLE information center or email DSO_CLEAdmin@ao.uscourts.gov.
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