Tuesday, July 23, 2013

Keeping it real

Perhaps to emphasize the need for an honest and accurate statement of the case, this decision today creates a new heading on page 2 (using a new word that even spellcheck doesn't yet know):
I. PROCEDUREAL BACKGROUND AND FACTS

As an aside, the constant references in this case to
"Colangelo and Clay" cry out for this graphic image.

Another opinion of note today here includes this interesting quote:

The Supreme Court’s act of depublishing a case on which a prior court order relied can, in fact, constitute a change of law. In this case, where the sole legal basis for the trial court's order was the depublished decision, the depublication order necessarily constituted a change of law.

And here's an interesting disclaimer in this decision:

This written opinion contains the entire decision by this court. Statements made by the justices at oral argument are part of the deliberation process, are tentative in nature and are not part of our decision. In response to the inquiry in the letter filed by Seibold‟s counsel after oral argument, this court will not retain jurisdiction over any part of these appeals and does not advise the parties in any manner with respect to any further proceedings in this matter.