Charles William Michaels

C. William Michaels is an appellate lawyer. He has concentrated his practice on appellate matters for the last 25 years. He is available to draft briefs for other attorneys --in either Federal or State appellate courts--or to represent clients in either Maryland or Federal appellate courts (Fourth Circuit and DC Circuit). He graduated from the University of Maryland School of Law in 1978 and from Brandeis University (magna cum laude) in 1975. While at law school he was Associate Editor for the Maryland Law Forum and one of the Assistant Editors of the Maryland Law Review.

Appeals & Appellate

Civil Appeals, Federal Appeals

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Maryland

Since 1978

4th Circuit

Since 1994

D.C. Circuit

U.S. Supreme Court

Since 2005

Attorney

C. William Michaels, Esq.

Current

University of Maryland Francis King Carey School of Law

J.D. (1978)

1978

Activities: Associate Editor, The Maryland Law Forum Assistant Editor, The Maryland Law Review

Brandeis University

B.A. (1975)

1975

Honors: magna cum laude

Activities: Associate Editor, student newspaper The Justice

Maryland State Bar Association

Current

Baltimore County Bar Association

Current

No Greater Threat: America After September 11 and the Rise of a National Security State

Algora Publishing 2002

Q. In dispossessory proceedings the statute provides that an appeal shall be filed within 7 days of the date such judgment

April 11, 2023

A: Usually, any time less than 5 days, you count calendar days. So with 7 days to take any action, it's 7 calendar days. So yes, you should count actual days.

Q. "Brief to Appellate Court shall be securely bound along left margin". What is the standard way of doing it for judges?

March 14, 2023

A: The brief should be "spiral bound" along the left margin. Staples are not accepted. Any quality copy center or brief printer should be able to help you. And if you are the appellant--the brief cover must be yellow, as well as the record extract. The brief should be printed on ONLY one side, while the record extract can be printed on two sides. The record extract should have a table of contents. The record extract contains those documents pertinent to the case on your appeal issues--it does not have to contain the entire record. But the record extract must contain the docket entries and any transcripts. See Rule 8-501 and Rule 8-502 and 8-503. If you are pro se, you can file the brief and record extract manually. BUT eight paper copies must be delivered to the court--perhaps this requirement can be waived in your circumstance. Check with the Clerk's office about that. However, two paper copies of the brief and record extract must be sent by standard mail to the other side, and that should be in your "certificate of service"--at the end of your brief.

Q. If I think the jury was prejudice in a civil trial, can I appeal it?

March 3, 2023

A: First, I am not a North Carolina lawyer. But if you think the civil jury was prejudiced, you possibly could appeal that ONLY IF you or your trial counsel made an objection to the makeup or composition of the jury AND the trial judge overruled that objection. The appeal process is usually focused on what the trial judge did or did not do, not whether a party feels the jury trial was unfair. You need more than that.

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