Monday, June 28, 2021

Role of Appellate Courts

Can appellate courts in juvy cases "receive and consider postjudgment evidence that was never before the juvenile court, and rely on such evidence outside the record on appeal to reverse the judgment"? See 4/2's published opinion with dissent in In re A.C. 

{Insert joke here about a summer opinion titled In re A.C. from Riverside must be about Air Conditioning!} For real analysis see Prof. Martin's post here.

Also published on Friday is an anti-SLAPP fees appeal affirming an award of $146K here.

And how about this unpub? Appeal is frivolous, but no sanctions against pro per appellant: "While generally speaking [pro per appellant] is held to the same standard as an attorney, his demonstrated lack of knowledge of basic legal principles is a marginal excuse for pursuing this meritless litigation."