Thursday, May 20, 2010

Why Petition? Just ASK For Review!

Eagle-eyed appellate guru Ben Shatz points out the following anomoly.

Let's say you miss your deadline to file a petition for review with the California Supreme Court.  Would it occur to you to write a letter and just ASK the court to grant review on its own motion?  And if it did, and you did, would you expect the court to do do so?  Over objection?

It happens.  See S182581

I don't know if I would recommend this as a standard appellate practice.  I certainly wouldn't predict frequent success.

But I guess your odds are increased if you represent a notable client.  And if your issue is something topical -- like, maybe, "Does the Governor have the authority to furlough the state employees at issue in this case by executive order?"

[No, I am NOT one of the state employees in question.  I haven't been furloughed by the Governor.  Still, I'm staying far away from commenting on the merits of this case.]