In the latest Appealing Strategies episode, Thompson Coburn's Douglas Lang, Booker Shaw, and Katie Kraft discuss the importance of preserving error during trial to enable appellate review. Using the Fifth Circuit case Clapper v. American Realty Investors, Inc., they highlight the need for timely, specific objections, clarify the difference between waiver and forfeiture, and explore rare instances when unpreserved errors may be reviewed. They also emphasize proper trial conduct, including requesting mistrials and showing harm, especially when aiming for Supreme Court consideration.
Listen to the full episode below or explore alternate podcast platforms.
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