Monday, May 15, 2017

DJ trilogies & sequels

Today's DJ presents Moskovtiz on Appeals [sic!] Statement of Facts: Part III, with some additional thoughts about the importance of the standard of review in relating the facts, providing examples in the contexts of demurrers, summary judgments, verdicts after trial, and evidentiary rulings.

Not to be outdone in the trilogy department, Justice Hoffstadt launches a triple-header about the Fourth Amendment in Search Wars: A New Hope for Definitional Clarity. Yep, he uses the Star Wars trilogy as an "entertaining framework" for his series on the past, present, and possible future of the Fourth Amendment. And we'd be trying so hard lately not to geek out here at SCAN. We even intentionally resisted a forceful urge and did NOT do a special May 4 (Star Wars Day) post. But there's just no escaping nerd-dom in the appellate realm. Embrace it!

On the history side, see The California Circuit? tracing some federal appellate history.

Image result for dr. evil one million dollarsAnd don't miss Dr. Evil in this opinion here from the 6th Circuit today. Seriously.

On the appellate sanctions front, what happens to an appellant who offers a record that "is so silent that it all but disappears"? Answer: $2K in sanctions and a referral to the State Bar. See the gory details here.