New Issue on Appeal

• Publication year: 2000
• Pages: 55
• Citation: Vol. 29 No. 10 Pg. 55

29 Colo.Law. 55 Colorado Lawyer 2000.

2000, October, Pg. 55. New Issue on Appeal

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55

Vol. 29, No. 10, Pg. 55

The Colorado Lawyer
October 2000
Vol. 29, No. 10 [Page 55]

Departments
Appellate Practice
New Issue on Appeal
by Andrew M. Low

My flight to Chicago was late. Very late. Professor Thurgood Stevens and I were supposed to have been airborne long ago The airline eventually admitted that the flight crew had not shown up, and it would be another hour before a new crew would arrive. It looked like we would not arrive at our hotel until long after midnight

"I guess the skies aren't very friendly tonight," Stevens rumbled. He was an eternal optimist and that was about as close as he ever got to voicing a complaint.

I noticed a commotion on the opposite side of the B concourse and tapped Stevens on the elbow. "Look," I said, "there's Tim Flegleman." Bored as we were, it seemed that Flegleman would provide a little welcome entertainment. He was standing at a desk manned by an airline gate agent, waving his arms and talking into a cell phone while simultaneously negotiating with the agent. A laptop computer case leaned against one of Flegleman's legs, and three other small carry-on bags were piled next to his other leg. After a few moments, the gate agent shook his head vigorously and pointed across the concourse directly at us. Flegleman, still barking into the cell phone, swivelled to look at our gate and then returned his attention to the unfortunate gate agent.

A few minutes later, Flegleman arrived and sat down next to Professor Stevens. "Hi, guys," Flegleman said dejectedly. "I've been trying to get on that flight to Chicago," Flegleman pointed across the concourse, "but they have 42 people on standby from an earlier flight that was canceled. They say this delayed flight is my only option."

"What brings you to Chicago, Tim?" I asked.

"An appellate practice seminar," Flegleman said. "All the heavyweights are speaking, and I thought I would get some tips for an appeal I'm working on." Flegleman looked over at Professor Stevens. As usual, Flegleman's facial expressions were a roadmap to his thoughts. I watched him reach the correct conclusion as he added, "Say, you guys are going to the same seminar, aren't you? And Professor Stevens, you're one of the speakers, right?"

"That's right. I'm speaking about selection of the issues to raise in the appellant's brief." Stevens paused for a moment and then continued. "You said you were working on an appeal?"

Stevens didn't know...