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September 30, 2010

Suggestions for improving advocacy at the California Supreme Court

We have recently posted about a series of articles discussing the benefits of oral argument.  Those articles focused primarily on the potential impact of oral argument in California appellate courts in affecting the outcome of decisions.  Earlier this year, Jeff Bleich (current Ambassador to Australia, and former special advisor to President Obama and California State [...]

September 29, 2010

The Court’s archive of recordings of oral arguments is a useful tool for appellate advocates

A useful resource for those preparing to argue before the California Supreme Court—and for appellate advocates generally—is the Court’s collection of archived broadcasts of selected oral arguments.  The collection consists mostly of audio recordings, with a few videos thrown in, including this video of the argument in the Proposition 8 Cases, courtesy of the California [...]

September 28, 2010

Chief Justice George’s historical and philosophical speech

After praising his likely successor and being praised by U.S. Supreme Court Justice Kennedy, Chief Justice Ronald George reflected on a 45-year career in public service in his final address to the State Bar on Saturday in Monterey.  (Full text here.)  In part, it was a self-retrospective of the George Court years and of his [...]

September 27, 2010

Chief Justice George extols the legal and political skills of his likely replacement

According to today’s Daily Journal [subscription required], outgoing Chief Justice Ronald M. George extolled the virtues of his successor, Chief Justice nominee Tani Cantil-Sakauye on Friday at the California Judges Association annual meeting in Monterey.  He called Cantil-Sakauye a “brilliant jurist,” consistent with her recent JNE Commission rating of “exceptionally well qualified,” which we discussed [...]

September 24, 2010

More Supreme Court statistics

A few days ago, we analyzed data about the Supreme Court in the Judicial Council’s recent Court Statistics Report.  We have since noticed that, a month later and less than two weeks ago, the Supreme Court issued its own annual report (or, at least, a news release about the report) on workload statistics.  The numbers [...]

September 24, 2010

Justice Kennedy lauds retiring Chief Justice George at State Bar convention

  Today’s Daily Journal has an article [subscription req’d] summarizing the remarks of U.S. Supreme Court Justice Anthony Kennedy, praising Ron George for his tenure in overseeing the effort “to ensure that the Supreme Court of California maintains its position as one of the most preeminent legal tribunals in the free world.”  The occasion was [...]

September 23, 2010

Summary of September 22, 2010 conference report for civil cases

In its conference on Wednesday, September 22, 2010, the Court granted no petitions for review in civil cases, no petitions were denied with dissenting justices, and no opinions were ordered published or depublished.

September 22, 2010

The life of a petition for review in the California Supreme Court

For most attorneys, their primary interaction with the Court is to file (or answer) a petition for review.  We therefore thought it would be useful to share what we understand to be the “life” of a petition in a civil case once it arrives at the Court.  When a petition is filed, it is scheduled [...]

September 20, 2010

A record low in petition for review grants

The Judicial Council’s latest annual Court Statistics Report is out, giving lots of data about all levels of the California judiciary during fiscal year 2008-2009 and the 9 years before that.  The Supreme Court numbers are revealing, demonstrating just how many matters the seven justices rule on annually.  The data also show that, at least [...]

September 17, 2010

Summary of September 15, 2010 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, September 15, 2010. The summary includes those civil cases in which (1) review has been granted (not including grant-and-transfers), (2) review has been denied but one or more justices has voted for [...]

September 16, 2010

Second District Court of Appeal Justices join the debate about the usefulness of oral argument

In today’s Daily Journal [subscription required], Presiding Justice Norman Epstein and Justice Richard Mosk of the Second District Court of Appeal have each responded to Professor Myron Moskovitz’s September 9 article entitled “Abolish Oral Argument,” which we discussed in this post.  In that article, Professor Moskovitz argues that oral argument is generally not a useful [...]

September 14, 2010

Supreme Court “Year in Review” discussion tomorrow in San Francisco

The Recorder is sponsoring a panel discussion tomorrow at the Commonwealth Club in San Francisco to discuss the California Supreme Court’s 2009-2010 term.  The Panel will include Justice James Richman of the First District Court of Appeal, Jon Eisenberg of Eisenberg & Hancock, Raymond Cardozo of Reed Smith and Horvitz & Levy’s own Lisa Perrochet.  [...]

September 13, 2010

No conference held the week of September 6, 2010

The Court held no conference on September 8, 2010.  Accordingly, no action was taken on petitions for review and no opinions were ordered published or depublished.

September 10, 2010

A modest proposal

Myron Moskovitz, a law professor at Golden Gate University, has written a provocative opinion piece for the Los Angeles Daily Journal entitled “Abolish Oral Argument” [subscription required].  The article discusses what some might describe as “the dirty little secret” of California appellate advocacy—that oral argument is rarely effective in changing the outcome of an appeal [...]

September 10, 2010

Bring your popcorn: check out the CSC oral argument tape in the furlough cases

A Daily Journal article [subscription required] this week described the pending proceedings in which the California Supreme Court will decide whether the Governor has authority to issue an executive order imposing a mandatory two-day-a-month unpaid furlough for state employees.  You can watch a video of the September 8 oral argument in that case here.  Even [...]

September 10, 2010

A quirk of procedure on petitions for review in criminal cases

An appellate lawyer at another firm has raised a question about petitions for review in criminal law cases.  This lawyer said someone at the DOJ informed him they don’t file answers to petitions (APFRs) in criminal cases unless the Supreme Court asks for an answer.  So, the question is, does the Supreme Court ever grant [...]

September 8, 2010

A busy couple of days for the Supreme Court: Nine arguments and a Prop 8 ruling thrown in for good measure

Never let it be said that the Supreme Court can’t do more than one thing at a time.  The Court heard oral arguments in nine cases yesterday and today, including a well-publicized argument this morning about furloughing state workers.  Meanwhile, behind the scenes, the Court was dealing with another high-profile issue:  whether the Governor and/or [...]

September 7, 2010

Summary of September 1, 2010 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, September 1, 2010. The summary includes those civil cases in which (1) review has been granted (not including grant-and-transfers), (2) review has been denied but one or more justices has voted for [...]

September 3, 2010

“No pictures, please”

Some of our readers are of the view that we need to include more pictures on our blog.  The ever-informative Cal Biz Lit has even gone so far as to supply us with a photo of a lectern.  We should point out that we have posted photos—albeit of “doghouse” file folders—on one occasion.   Nonetheless, by [...]

September 2, 2010

Law professors’ articles provide food for thought about Chief Justice George and his legacy

For your consideration, here are two great articles about what is destined to be known as the “George Court.”  First is this article by Clark Kelso in the California Bar Journal, which surveys the impact of the Court’s decisions under the leadership of the outgoing and esteemed Chief Justice.  Kelso argues the Court’s decisions under [...]