TDCAA Community
47.1 Aspirations

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March 13, 2003, 21:49
Martin Peterson
47.1 Aspirations
"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?
March 13, 2003, 22:52
Quiet Man
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.