Bob Foster Examines Tactical and Strategic Issues on Appeal
For years, Bob Foster was the Supervising Deputy Attorney General for the California Attorney General’s Office, San Diego, California. In the book entitled The Appellate Prosecutor: A Practical and Inspirational Guide to Appellate Advocacy, Bob Foster’s chapter on “Appellate Strategies” examines tactical and strategic issues involved in a post-conviction criminal appeal.
Among the issues Bob Foster explores are the credibility of the office and the personal credibility of the appellate advocate. As he accurately states, “if credibility is lost, it will undercut the primary goal of persuasiveness in the case at hand and in future cases before the appellate court.” Foster discusses five pitfalls that most often damage the appellate advocate’s personal credibility. Other areas covered in his chapter include: determining whether a brief is even necessary; ensuring that you have the full record for appeal; identifying procedural bars; protecting the record from future habeas corpus attacks; the finding-the real-issue strategy; and the finding-the-flaw strategy.