Appellate courts will have the last say ... in sports!

Earlier this week, the United States Court of Appeals for the Second Circuit (sitting in New York, which - given its ruling - explains pretty much everything, in the eyes of most Bostonians and other New Englanders), reinstated the 4-game ban against Tom Brady ordered by the NFL.

Meanwhile, both sides in the "Lance Armstrong " federal civil fraud case have asked the trial judge to essentially skip trial and simply rule "as a matter of law" through procedure named "summary judgment," in their respective favors.  So, regardless of how that ruling comes down, the losing side will most definitely appeal.  After all, there is between $32 million and $100 million at stake!

And, a young professional baseball player publicized this week that he will be selling stock in his own identity, as a "brand."  This move will spawn several court battles, over sponsorship and advertising rights; and, over whether amateur athletes can keep their amateur status while selling stock in their likenesses and their "brand."  Surely one of these two situations will end up in court, and ultimately be decided at the appellate level.

So you see, it's not just criminal cases which end up being decided in the courts of appeal.  Most every big issue in society ends up in these tribunals at one point or another.  In a way, it's a great time to be an appellate advocate!

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

The Right to Remain Silent – Part 2 of 2

Did you know that simply remaining silent is not the same as invoking your right to remain silent?  As ludicrous as this sounds, the U.S. Supreme Court a few years back ruled that silence is ambiguous and confusing to law enforcement.  (Maybe they shouldn’t be conducting interrogations and investigations, then?)  So, the only legal way to force police to respect your right to remain silent is for you to state plainly and concisely, “I am invoking my right to remain silent. Please cease all questioning efforts now.”  The case which leads to this paradigm is Berghuis v. Thompkins, 560 U.S. 370 (2010).  Be forewarned, and be vigilant about demanding that the police contact your lawyer, if you have one (or demand that they bring you in front of a judge to appoint you one before speaking at all to these investigators).

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.

The Right to Remain Silent – Part 1 of 2

Most every criminal case I evaluate for potential appellate issues involves a defendant making a statement – either an admission, a confession, or a comment that is later manipulated to making the speaker look guilty.  Despite giving warning after warning to clients, they still – in the moment when it counts most – ignore the sage advice of the experienced criminal defense attorney, and instead speak for themselves, thinking they control the narrative.  Well, they do not.  So please, take a moment now to commit to yourself to always first seek the advice of competent criminal defense counsel before even thinking about answering any questions whatsoever posed by law enforcement or a prosecutor.  It can mean the difference between your freedom and suffering the fate of the wrongfully convicted.

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.