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Appellate Law

The California Blog of Appeal The California Blog of Appeal

Substantive legal developments in the California Courts of Appeal, California Supreme Court, and the Ninth Circuit Court of Appeals; Procedural law relating to the prosecution of appeals, writ petitions, and post-trial motions in state and federal courts in California; and practical skills essential to appellate practice.
By Greg May

Post Frequency: 1.4/day

Last Entry: February 11, 2020 at 16:16:49

Recent Entries: 369

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Don?t Ask, Don?t Tell . . . and Don?t Dismiss

Posted on May 21, 2008
The military’s “Don’t Ask, Don’t Tell” (”DADT”) policy on homosexual service members is put through the wringer in Witt v. Dept. of the Air Force, case no. 06-35644 (9th Cir. May 21, 2008). The Ninth reverses the district court’s Rule 12(b)(6) dismissal of Major Witt’s complaint alleging that her impending discharge on the ground [...


Tips from Appellate Court Research Attorneys

Posted on May 20, 2008
Donna Bader at Appeal to Reason shares some briefing pointers offered by a couple of attorneys from her local appellate court.  I was glad to see a practice of mine validated: “Wondering whether to include citations to the record in the argument, rather than just the Statement of Facts? Yes, please do...


Participate in My Reader Survey, and More About Judges Reading Blogs

Posted on May 18, 2008
NOTE: This post will stay atop the blog until the morning of Monday, June 2, in order to encourage participation in the reader survey.  Until then, check for new posts below this one. Last Friday’s post about blog-reading judges got my curiosity going about who is actually reading this blog...


Judges Read Blogs

Posted on May 16, 2008
I’ve noted before some intersections between actual law practice and blogging. There was the blogging jury foreman and the blog where lawyers complained about judges, for example.  There are even some blogs by judges (look in the left sidebar)...


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Remember, Don?t Be Shy

Posted on May 16, 2008
I told you last October not to be shy when you move to recover attorney fees. Steele v. Youthful Offender Parole Board, case no. C053553 (3d Dist. May 15, 2008) is the mos recent case in point. Defendant appealed from a judgment for plaintiff on a retaliation claim under the Fair Employment and Housing Act [...


Footnotes and Same-Sex Marriage

Posted on May 15, 2008
Not a pair of topics that you’d automatically put together, but bear with me . . .  Legal writing enthusiasts differ on the proper use of footnotes, and I’ve posted before about the debate. One appellate jurist addressing my law school class advised that if a point is important enough to go in the brief, then it’s [...


In re Marriage Cases is Out . . . and the Winner Is . . .

Posted on May 15, 2008
Well, I was wondering how quickly the first blog post would go up about this morning’s California Supreme Court decision striking down California’s ban on same-sex marriage (at least that’s how I’ve seen the decision characterized — I haven’t read the 161 pages of opinions yet)...


A Conspiracy Theorist?s Delight

Posted on May 15, 2008
In In re Complaint of Judicial Misconduct, case no. 07-89012 (Judicial Council of the 9th Cir. May 14, 2008), the complainant was an attorney who was also a plaintiff in a civil action. He filed a complaint against both the district judge and the magistrate judge to whom the district judge referred the civil [...


In re Marriage Cases Opinion on the Way

Posted on May 14, 2008
The California Supreme Court filed its notice of forthcoming opinion today for In re Marriage Cases, so expect the blogosphere — legal, political, personal, financial — to be abuzz tomorrow when the opinion is filed. For anyone who’s been under a rock, here’s the summary of the cases from the Supreme Court website: Petitions for [...


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