DEFEATING A PERMISSION TO APPEAL.
Neill T. Nwoha, Esq.
One of my first challenges as an appellate writer came to me during my time as a briefing lawyer at Thomas J. Henry, PLLC.
After winning on a very important motion the defense counsel filed a permission to appeal, one of the few ways to obtain an interlocutory appeal, which the district court granted. But would the appellate court also would grant the permission to appeal? I did not believe this should happen because, based on a reading of the law, the matter should not have qualified for permission to appeal.
The linked PDF is my arguments for why the defendant was not entitled to permission for appeal, which was affirmed by the appellate court.