Tuesday, December 18, 2018

More appellate sanctions!

Image result for train wreck
Train wreck!
Another day, another lawyer-appellant-pro-per getting hit with appellate sanctions for a frivolous appeal. Here, the opening brief and voluminous appendix "violated numerous procedural rules" and the 66-page AOB included only "a handful of record citations on a few pages." One of the many errors (discussed in fn. 6) is how Appellant certified his brief contained 15,905 words, i.e., well within in compliance with the 25,500 words allowed by CRC 8.360(b)(1). But, oops!, that high word-limit applies to criminal appeals, not civil appeals, which are limited to 14K.
Respondent sought $22,515 in appellate attorneys' fees as sanctions, which 2/8 grants, and adds $8,500 for the clerk of clerk. Don't miss this "unfortunate story of deception and recalcitrance"! Enjoy all 16 pages for yourself over a hot mug of holiday cocoa or mulled wine!