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Quick thread about the secret sauce of appeals - the thing that matters most but that is the hardest to teach - the art of persuasion. /1
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Paul J. Katz
3K posts
Paul J. Katz
@AppealsInBrief
CA Bar Certified Appellate Law Specialist. World traveler. Art lover.
Oakland, CA Katılım Haziran 2013
193 Takip Edilen856 Takipçiler
Normally @qjurecic would be spot on here. But with Cannon presiding, I would guess Trump can bluster his way through court rather beautifully. It will be the perfect bluster, believe me. (Quinta raises the Cannon q near the end, I suspect it's big.)
theatlantic.com/ideas/archive/…
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SCOTUS has not decided a 4th Amendment case since OT2020. I had hoped that the cert petition below would change that, but unfortunately it did not. The Court denied cert this morning.
supremecourt.gov/search.aspx?fi…
Orin Kerr@OrinKerr
My co-counsel from @wilsonsonsini and I have filed a new cert petition. We're asking the Supreme Court to answer whether probable cause that a person is home is needed to execute an arrest warrant. Here's the petition, with the QP below. supremecourt.gov/DocketPDF/22/2…
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Perhaps because I love art, I found the back and forth in this Warhol case between the three opinions to be fascinating. And it makes me wish more opinions were illustrated.
supremecourt.gov/opinions/22pdf…
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@stevenmazie @danepps Then Justices just couldn’t be penned in.
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Without fail, me when I read opposing counsel’s brief for the first time.
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@CecereCarl This reminds of the challenge to the Muslim ban where Trump repeatedly said he was trying to ban Muslims and his counsel argued the court must ignore that expressed intent. Kind of a tough sell IMO.
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It used to be *so* hard to prove intentional discrimination.
Ari Cohn@AriCohn
The problem with playing to your audience is that it creates the paper trail.
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@KannonShanmugam I had a Pavlovian response to that photo…
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It may be 10:45 a.m. in the Bay Area, but (as my associates can attest) it’s never too early for this…
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@JacklynWille With all the Romeo and Juliet remakes, making the adverse families part of the same HOA would really add some sizzle...
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@AppealsInBrief @johnpelwood I mean I don't care nearly enough to work on this.
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With 983 votes, using contractions narrowly wins, 51.8% to 48.2%
Another senior lawyer whose judgment I respect said her take was: Contractions will annoy some judges, but even contraction-using judges are unlikely to be annoyed by briefs that don't use contractions. FWIW.
John Elwood@johnpelwood
Hey #AppellateTwitter. What do you think about using contractions in appellate briefs? (Taking advantage before this option is reserved for paid subscribers.)
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@CecereCarl @johnpelwood Although that’s the logical conclusion, my urge is to resist. The more the holdout judges see contractions, the more they’ll get acclimated.
GIF
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@johnpelwood I'm with her. My thinking is that using contractions will never gain me votes and might occasionally cost me votes. So why bother?
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How many other attorneys rely on the low-budget timeanddate.com for deadlines?
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@RMFifthCircuit Lawyers don’t understand that an appeal is a total deconstruction of the trial court proceedings. While the former derives from the latter, an appeal’s purpose and focus are very distinct.
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Ah, the “I’m gonna tell the court of appeals a blow by blow story of the trial court proceedings” style of oral argument, never change.
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@GeneVorobyov Bon voyage. Walk the high line, which wasn’t there 20 years ago.
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@LeahLitman My 5 year old daughter loves listening to the Encanto soundtrack in different languages on Spotify. Japanese is a favorite.
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@CecereCarl @LeahLitman I think Coco is even more of a tear-jerker.
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@LeahLitman How do you watch that movie without at least a tear?
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@OrinKerr “Dump everything out” means ransack, which is defined as “to look through thoroughly in often a rough way.” I’m not saying that threatening to ransack is per se coercive, but that point is wrong.
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6th Circuit, per Thapar, overturns Judge Marbley's order suppressing confession on grounds that it was coerced. Agent's threat to get a warrant and search dad's house for evidence if needed didn't render the confession coerced.
opn.ca6.uscourts.gov/opinions.pdf/2… #N
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