Today's appellate roundup

Today's DJ has Assessing your chances on appeal: Burdens, Inferences, and Presumptions, by appellate specialist (and former state senator) Noreen Evans.

In the appellate court, the appellant has the burden to prove error, regardless of who had the burden of proof in the trial court. Even if the opposing party had the burden of proof in the trial court, the Court of Appeal will indulge in the inferences and presumptions discussed here in order to find that the burden was met and the trial judge's decision was proper.

the appellate court indulges in all inferences and presumptions necessary to support the trial court's judgment and will not judge the credibility of the witnesses or reweigh the evidence

Also, CLA Litigation Section's newsletter is out, linking to the January 2022 issue of Litigation Update and also providing a Spotlight on the Committee on Appellate Courts:

The Committee on Appellate Courts was established more than fifty years ago by the State Bar of California and later became a standing committee of CLA’s Litigation Section. Its members include appellate attorneys from a broad range of practice areas and types, including civil and criminal law, large firm attorneys and solo practitioners, government, court, and non-profit attorneys, and academics. The Committee’s mission is to provide attorneys with quality continuing education, to comment on proposed changes to court rules that affect appellate practice in California, and to initiate or support programs that, among other things, provide pro bono appellate assistance and assist pro se litigants on appeal. To this end, the Committee presents webinars on issues relating to appellate practice and is currently planning the 2022 Litigation and Appellate Summit, which is a two-day virtual conference (scheduled for May 13 and 14, 2022) that will feature programs of interest to trial and appellate practitioners throughout the state. (Here is a link to the 2021 Litigation and Appellate Summit program.) The Committee has also formed an access to justice subcommittee that focuses on improving access to the appellate courts for the majority of Californians who cannot afford an attorney in civil cases. To learn more about the Committee on Appellate Courts, please contact the Committee chair, Dean A. Bochner, at dbochner@horvitzlevy.com.

Over on the federal side:

• The 7th Circuit announces: In response to the continuing surge in COVID-19 infections, it is hereby ORDERED: Oral Argument: Cases scheduled for oral argument through March 25, 2022, will be argued telephonically or by video communications.
• Law.com has 5th Circuit Judge Gregg Costa to Resign, Creating Second Vacancy for Biden - Court watchers say it's rare for a federal appeals court judge to step down from a lifetime appointment.
• Law360 has Biden Gets More Appeals Picks With 5th, 9th Circ. Openings, noting that Biden now has 19 circuit seat openings.
• Bloomberg has Federal Judiciary Renews Concerns About Bill to Make PACER Free

And don't miss a free 90-minute MCLE program on Jan. 27 by BHBA on the Presidential Commission on SCOTUS: A Conversation with Two Commissioners. Register here.

BHBA is honored to have two of the Commission’s members join us for this conversation about the report’s findings: Caroline Fredrickson, Distinguished Visiting Professor from Practice at Georgetown Law and a Senior Fellow at the Brennan Center for Justice and Michael D. Ramsey, Hugh and Hazel Darling Foundation Professor of Law at the University of San Diego School of Law. The conversation will be moderated by Hon. James Blancarte of the Los Angeles Superior Court.

 

Finally, see Trying Tails of Online Zoom Trials: In another Zoom court hearing gone awry, pandemic puppy Big Puppa put on a show to be remembered during her owner’s closing arguments.

How virally deep has the "I am not a cat" hearing gone? Well, it's in a panel of the comic book Radiant Black (Image Comics Aug. 2021).