Two years ago, we discussed the importance of petitioning for rehearing in the Court of Appeal if the statement of the case in that court’s opinion is unsatisfactory and if you’re planning to petition the Supreme Court for review. The catalyst for the tip was rule 8.500(c)(2), which provides that “as a policy matter the Supreme Court normally will accept the Court of Appeal opinion’s statement of the issues and facts unless the party has called the Court of Appeal’s attention to any alleged omission or misstatement of an issue or fact in a petition for rehearing.”
A reminder of that rule and the policy it states popped up in one of the court’s three decisions yesterday. In Barefoot v. Jennings, Justice Ming Chin started the opinion‘s “Factual and Procedural History” section like this: “Because no party petitioned the Court of Appeal for a rehearing, we take this factual and procedural discussion largely from that court’s opinion.”
Consider this your biennial warning.