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Appellate Practice Hot Topics 2009 - WEBCAST
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November 2009
 
Appellate Practice Hot Topics 2009
 
 
Important Webcast Information:
 
Webcasting is Green!
Course materials are provided in electronic format to all webcast attendees. If you prefer to receive the materials in paper form, you must make this request at the time of registration. Once CBA-CLE has final materials prepared, they will be shipped immediately upon your request, but we cannot guarantee that you will receive them prior to the program.
 
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*You will receive an invoice and instructions to view the webcast via email upon registration*
 
 
Program Highlights
 
- Learn Everything You Need to Know about Preservation of Issues for Appeal
- Master the Record on Appeal - Rules, Protocols, Correction, Supplementation and More
- Discover the Standards of Review - Civil, Criminal and Applying and Arguing Competing Standards
- Enjoy Lunchtime Ethics for the Appellate Practitioner with Judge Webb
- Hear the Judges' Panel Discuss Statutory and Constitutional Interpretation in the Appellate Courts
 
 
Program Description
 
Join us for a fast-paced tour of the HOT TOPICS in Appellate Law for 2009.  Get up to speed on your practice skills, network with your colleagues and enjoy an ethical lunch with Judge Webb.  This is a day you will enjoy while learning all the critical information that you need to know to serve your clients to the best of your ability!
 
 
Agenda
 
8:30-9:00
Registration
 
9:00-9:50
Preservation of Issues for Appeal
- The Rule of Preservation and the Reasons for It
- Specific Actions Required to Preserve Particular Issues for Appeal
- Proceedings off the Record: Discussions in Chambers and at Side-Bar
- Degree of Detail Required to Preserve an Issue
- Arguing for, and Defending Against, Failure to Preserve for Appeal
- Exceptions to the Rule
Presented by Andrew M. Low and Lila M. Bateman
 
9:50-10:05
Break
 
10:05-11:00
The Record on Appeal
Rules, Protocols, Emerging Developments, and Practical Tips Regarding Record Designation, Transmittal, Correction, Supplementation and Use in the Colorado Appellate Courts and the Tenth Circuit
Presented by Marcy G. Glenn and Jessica E. Yates
 
11:05-12:00
Standards of Review
- Civil and Criminal Standards of Review
- Point and Counter/Point Discussion
- Applying and Arguing Competing Standards of Review on Appeal
Presented by Paul A. Schwartz, Gregory J. Kerwin, John D. Seidel and Mark G. Walta
 
12:00-1:15 (Lunch Will Be Provided)
Lunchtime Ethics for the Appellate Practitioner (12:10-1:00)
Presented by Honorable John R. Webb
 
1:15-2:45
Statutory and Constitutional Interpretation in the Appellate Courts
- The Search for Legislative and Constitutional Intent
- Rules of Textual Interpretation
- Canons of Construction
- Use of Legislative and Constitutional History
- Use of Precedent in Statutory and Constitutional Analysis
- The Constitution as a “Living Document”
- Policy Considerations
- Arguing Matters of Statutory and Constitutional Interpretation
Panelists: Honorable Michael L. Bender, Colorado Supreme Court; Honorable Allison H. Eid, Colorado Supreme Court; Honorable Janice B. Davidson, Colorado Court of Appeals; Honorable Daniel M. Taubman, Colorado Court of Appeals
Moderator: Walter H. Sargent
 
2:45
Adjourn
 
 
Chair/Moderator
Matthew S. Holman, Esq.
Colorado Attorney Generals Office
Denver, CO
 
Faculty
 
Lila M. Bateman, Esq.
Morrison & Foerster LLP
Denver, CO
 
Honorable Michael L. Bender
Colorado Supreme Court
Denver, CO
 
Honorable Janice B. Davidson
Colorado Court of Appeals
Denver, CO
 
Honorable Allison H. Eid
Colorado Supreme Court
Denver, CO
 
Marcy G. Glenn, Esq.
Holland & Hart LLP
Denver, CO
 
Gregory J. Kerwin, Esq.
Gibson Dunn & Crutcher LLP
Denver, CO
 
Andrew M. Low, Esq.
Davis Graham & Stubbs LLP
Denver, CO
 
Walter H. Sargent, Esq.
Walter H. Sargent, P.C.
Colorado Springs, CO
 
Paul A. Schwartz, Esq.
Shoemaker Ghiselli & Schwartz LLC
Broomfield, CO
 
John D. Seidel, Esq.
Colorado Attorney General's Office
Denver, CO
 
Honorable Daniel M. Taubman
Colorado Court of Appeals
Denver, CO
 
Mark G. Walta, Esq.
Walta Gehring Harms & Dingle LLC
Denver, CO
 
Honorable John R. Webb
Colorado Court of Appeals
Denver, CO
 
Jessica E. Yates, Esq.
Snell & Wilmer, LLP
Denver, CO
 
 
Video Replays - December 16, 2009:
 
Denver: CLE Classroom, 1900 Grant Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100