An Appeal Run Amok Revisited

A few days ago I posted about an
opinion by the California Court of Appeals that strongly criticized the brief filed by one of the parties. I guess I took the side of the court without much thought, maybe because I did not want to identify with the brief writer. One of the bloggers at
Appellate Law and Practice, however, took a much more reasoned view of the opinion. I hope you will read the
entire blog entry at but it concludes with this:
In reading this opinion, I can see how a father can easily conclude that the system is biased against him, maligned him as a sexual molester, despite the fact that his daughter denies it, and denies him the right to visit his daughter, etc. Maybe he is completely wrong. Maybe he deserves what he gets. But, I don’t see the reason to act insulted that someone, and perhaps their lawyer, feels quite angry, and has the nerve to ask permission to file a long brief, files a long brief (which contains rhetoric and constructions of the law, like all briefs), and loses. This happens every day.

Posted on 3:16 AM by
Susan McDonald