The Eighth District Court of Appeals, in partnership with the Cleveland State University College of Law, is offering an all-day CLE, featuring Eighth District Court of Appeals judges and staff attorneys, along with esteemed practitioners and legal scholars. The seminar will focus on advanced topics in civil and criminal appeals.
AGENDA
I. Record Issues in the Digital Era. (9:00 a.m. – 9:45 a.m.)
Preserving an accurate record is an essential prerequisite to a thorough appeal of any case. Staff from the Eighth District Court of Appeals, the Cuyahoga County Clerk of Court’s Office and the Cuyahoga County Court Reporters along with Judge Brendan Sheehan from the Cuyahoga County Court of Court of Common Pleas will take a deep dive into the best practices for ensuring that the record is properly maintained and secured for appellate review. The panel will discuss best practices both inside and outside the courtroom to ensure all record items, particularly exhibits, are properly maintained for appellate review.
Featured Moderator:Erin M. O’Toole, Court Administrator, Eighth District Court of Appeals
Featured Speakers: Judge Brendan Sheehan, Cuyahoga County Court of Common Pleas, Bruce Bishilany, Court Reporter, Krystal Lawyer, Cuyahoga County Clerk of Court’s Office, Criminal Division Manager, Toni Farkas, Staff Attorney, Eighth District Court of Appeals
II. The Art of Persuasion. (9:45-10:30 a.m.)
Appellate advocacy is hard. Courts tend to affirm, but we ask them to reverse. How can we do that? How can we persuade Judges to rule the other way? From Aristotle to Scalia, advice on persuading judges abounds. Yet all writers tend to agree on one thing: Persuasion is an art, not a science. In this segment, we'll try to refine our skills at the art of persuasion, while also gaining some practical, battle tested techniques to do so.
Featured Moderator: Judge Eileen T. Gallagher, Eighth District Court of Appeals
Featured Speaker: · Professor Doron Kalir, CSU Law
BREAK: 10:30-10:45 a.m.
III. Oral Argument: Dos, Don’ts and Persuasion Pointers (10:45 - 11:15 a.m.)
Oral argument is an advocate’s last opportunity to make your case. Make the most of your chance to address and be addressed by the court that will be deciding your case. Former Ohio Supreme Court Justices Michael Donnelly and Melody Stewart will share their insights and experience on what they found to be effective and persuasive during their years on the bench. Guided conversation led by Judge Lisa B. Forbes of the Eighth District Court of Appeals.
Featured Moderator: Judge Lisa Forbes, Eighth District Court of Appeals, Eighth District Court of Appeals
Featured Speakers:· Hon. Michael Donnelly, Hon. Melody Stewart (ret.)
IV. Generative AI 101 for Courts: Hallucinations, Deepfakes, and the Record (11:15 - 12:15 p.m.)
This engaging 60-minute session—moderated by Judge Mary J. Boyle—will map the AI landscape for appellate and trial lawyers, from how generative models work to where they fail, with highlights from recent ethics opinions addressing the use of generative AI in the practice of law. The distinguished panel will demystify AI “hallucinations” (why large language models fabricate outputs), review real-world sanctions and litigation missteps (including the surge of AI use among pro se litigants), and survey emerging court rules that require AI-use certifications. This AI session will also explore the growing problem of AI deepfakes and how they affect all lawyers and courts. The discussion will include real-life examples of AI deepfakes and their consequences. Attendees will come away with concrete takeaways to prevent, detect, and respond to AI hallucinations and deepfakes.
Featured Moderator: Judge Mary J. Boyle, Eighth District Court of Appeals
Featured Speakers: Professor Mehtab Khan, CSU Law, Steve Delchin, Senior Attorney, Squire Patton Boggs, Thomas P. Ryan, Ryan Injury Attorneys, LLP
BREAK: 12:15-12:30 p.m.
V. Keynote presentation: The Social Determinants of Health (12:30-2:00 p.m.)
The Social Determinants of Health (“SDOH”) are conditions in which people are born, live, work, learn, and play that affect population health, functioning, quality of life and risks, health equity, and overall well-being. The SDOH often play a role in bringing litigants into the judicial system. Jasmine Howard will present an introduction to the social determinants of health. Wendy Parmet will present on the ways in which the SDOH interact with the law and ways in which the appellate practice may be impacted by the SDOH.
Featured Moderator: Judge Emanuella Groves, Eighth District Court of Appeals
Featured Speaker: Professor Wendy Parmet, Northeastern University, Director Jasmine Howard, Northeastern University
VI. “Fresh Perspectives – Views From New Appellate Judges” (2:00-2:30 p.m.)
In this moderated panel discussion, Ohio’s newest appellate judges in Northeast Ohio will provide an up close and personal
perspective on their respective appellate courts and share recommended best practices for appellate practitioners.
Featured Moderator: Judge Michael J. Ryan, Eighth District Court of Appeals
Featured Speakers: Judge Deena Calabrese, Eighth District Court of Appeals, Judge Scott Lynch, Eleventh District Court of Appeals
BREAK: 2:30-2:45 p.m.
VII. Year End Review – Impactful Decisions in Appellate Law (2:45-3:45 p.m.)
Judicial and staff attorneys from the Eighth District Court of Appeals will recap relevant developments in appellate law including important decisions from the Eighth and the Ohio Supreme Court. Topics include final appealable order decisions, updates to local appellate rules, the use of issue bootstrapping in appeals, the party presentation rule, confrontation clause decisions and an update on the legal status of mandatory firearm specifications.
Featured Moderator: Judge Michelle Sheehan, Eighth District Court of Appeals
Featured Speakers: Brandon French, Staff Attorney, Eighth District Court of Appeals, Romie Daher, Judicial Attorney, Eighth District Court of Appeals, Darci Del Torto, Eighth District Court of Appeals
Reception Following the Conclusion of the Seminar at 3:45 p.m.