Monday, July 16, 2018

Skidmore hits the skids

In A Riddle (Almost) as Old as California, Justice Hoffstadt asks "How many judges does it take to finally adjudicate a claim or issue in a case that goes up on appeal?" He then discusses the Cal Supreme Court's recent opinion in Samara v. Matar, which overruled People v. Skidmore (1865)  27 Cal. 287, and provides an answer: "For over 152 years, the answer had been one. In Samara, the court upped it to three (in most situations, at least)."

Also in today's DJ is Moskovitz on Appeals: Appellate Adventures, Chapter 6: "How do I write the procedural facts?" which suggests including when the original complaint was filed, the date of the judgment and notice of appeal, and the location of key procedural documents in the record. Also, tell the procedural story chronologically, starting with the original complaint and ending with the notice of appeal. Don't include over argument (or editorializing) in the statement of facts or procedure.