48. That's Appealing, with Judge Randall Warner
Every trial advocate enters the courtroom hoping for a “one and done” decision that favors their client. But appeals do happen, and if you’re waiting until the verdict is read before you start thinking about what comes next, you’re already bringing up the rear. Judge Randall Warner of the Superior Court of Arizona in Maricopa County joins the podcast to discuss the potential appeal issues you should be thinking about during litigation, the pretrial phase, and at trial; what issues are ripe for appeal (and which ones aren’t) and their impact on your trial strategy; and how to preserve the record for appeal in real time. He also lets you in on what he says are the most undervalued, hence underutilized, tools in your advocacy kit and how you should be using them to your advantage.Topics3:35 Different considerations for different trials5:10 Common mistakes6:13 Basics of appeals8:59 Reverse-engineering your case10:24 Appellate specialist on the trial team11:22 Good appeal issues13:00 Bundling your issues14:10 Poor appeal issues15:06 Pretrial preservation considerations16:11 Motions in limine}17:52 Bench memoranda19:57 Preservation at trial22:20 Objections and evidence26:16 Staying in the judge’s good graces27:17 Jury instructions31:22 Verdict forms38:49 Damages40:38 Bench memorandum for jury instructions42:12 Motion to acquit45:26 Career advice to younger self46:33 Signoff questions Quote“I’m a fan of bundling issues. So, for example, if you’ve got one issue that’s a sufficiency of evidence issue and another that’s a jury instruction issue and a third issue that’s an evidentiary objection or a couple evidentiary objections, and they all point to the same wrong result, those issues — independent of what the standard of review may be on any one of them — kind of work together to create an argument for prejudice for the case overall.” Judge Randall WarnerResourcesJudge Randall Warner (bio)“All Mixed Up about Statutes: Distinguishing Interpretation from Application” (article)“All Mixed Up about Mixed Questions” (article)“Efficiency in Motion” (article)