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"As a general proposition, reviewing courts ought to mention a party's number one argument and explain why it does not have the persuasive force that the party thinks it does. The party may be dissatisfied with the decision, but at least he will know the reason he was unsuccessful. This practice maintains the integrity of the system and improves appellate practice." Sims (03/12/03) Truer words were never spoken, but I don't expect the courts to comply anytime soon. What about the number 2 and number 3 arguments?
 
Posts: 2386 | Registered: February 07, 2001Reply With QuoteReport This Post
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Yeah, but note that it was the defendant's argument that couldn't be ignored. I've had cases--recent ones--where the CCA did not address my arguments.
 
Posts: 90 | Registered: August 16, 2002Reply With QuoteReport This Post
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