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Appellate Practice

One Hearing, Nine Important Tips

As usual, these tips concern things you should not do. The following excerpts are from R. v. Covey (2001), in which the court held Covey was a "vexatious litigant," meaning he can't file further cases without court approval because he has filed…




TIP: Courts Frown on Lawyer “Gibberish”

As we have seen, one of the more important legal skills is the ability to get other people to understand what the hell you are talking about. See Order Denying Motion for Incomprehensibility, In re King (Bankr. W.D. Tex. Feb. 21, 2006)…


A New Contender for Worst Legal Brief

In considering whether something could be the "worst legal brief" ever filed, we have to recognize that there are different kinds of badness. Many briefs are filed every year by people who are, evidently, insane. If it is fair to…



A Farewell to Pants

In the least surprising development of the week, the Court of Appeals for the D.C. Circuit has affirmed the order dismissing the case of Pants Judge v. District of Columbia, meaning that Roy L. Pearson, Jr., has lost again. This…


Internet Proves Pigs Can Fly, Judge Says

He was being just a tad sarcastic, but he did say it. On April 6, the California Court of Appeal vacated a lower court's ruling that Steven Martinez should be granted a "compassionate release" from prison because he is a quadriplegic….



Nevada Supreme Court to Pretend to Consider Bail for O.J.

Nevada's highest court (and its only appellate court) will hear oral argument on August 3 as to whether O.J. Simpson should be allowed to go free on bond while he appeals his conviction for that gun-waving memorabilia negotiation he conducted…