Thursday, June 27, 2019

Case notes


  • See pp. 9-12 here for a discussion and application of liberality in deciding the scope and timeliness of an appeal.
  • And see fn. 2 on p. 6 here for the sort of acknowledgement appellate counsel often wishes for: "We note that Landlord was represented by different law firms in the trial court, and therefore these criticisms do not pertain to Landlord’s appellate counsel."
  • Today's DJ has In Rare Backtrack, Appellate Panel Reverses Attorney's Extortion Convictions, about this case here, in which a rehearing petition was granted and the original decision reversed. The article quotes San Diego appellate lawyer David Niddrie: "I've been doing this for 40 years, and I've only had one rehearing petition granted. Others have never had a rehearing petition granted. It's almost more rare than a grant of review by the Supreme Court," said Niddrie, who is not involved in the case. "It's something at least we appellate nerds will think is interesting stuff."
  • FYI, today was a meeting of the Judicial Council's Appellate Advisory Committee Rules Subcommittee. Agenda here. (Members of the public can call in to listen to such meetings.) The next meeting is July 15.