It's been a while since I've argued in the Court of Criminal Appeals, and I've received a notice new to me: "If oral argument is desired, a party must include in this notice which points of error will be argued."

Should I pick out Appellant's strongest points to argue against, thus identifying them as strong points? (He doesn't have any.)

Should I list all the points of error?

Should I list my strongest points, thus wasting the court's time arguing slam-dunk issues?

The reason I want oral argument is to slap down whatever idiotic arguments appellant tries to make. Can I say in my notice, "I'll argue whatever Appellant argues" ?

quote:

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Can I say in my notice, "I'll argue whatever Appellant argues" ?

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I think I've done that before, and it seems appropriate.

Here's the operative portion from my last letter:

As Appellee, the State intends to argue the points of error argued by Appellant. Furthermore, time permitting, the State will present additional argument on points of error 6 and 7.

My additional argument was a request that they clarify some contradictory case law.