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Not the Way to Win on Rehearing

by Carolyn Elefant on March 12, 2006 · 2 comments

in Legal Research and Writing, Mistakes/What NOT To Do

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David Swanner posts this excerpt from a rehearing petition that’s likely to lose.  Read it and see if you can figure out why:

Statement of Issue Presented for Review: The Court of Appeals committed a major error in affirming the dismissal. The Court did not address the facts of the case. The Court has a warped perspective of the Rule of Law.

Conclusion: The Court Administration should have the case reviewed by competent individuals.

I had to read the post carefully to make sure it wasn’t some kind of premature April Fool’s joke, but it appears that the petition was actually filed.

  • http://www.SCTrialLaw.com Dave Swanner

    Carolyn,
    It was a real petition. Filed by a pro se litigant. The amazing thing is that those weren’t excerpts. That was the Statement of Issues and the Conclusion reprinted in their entirety. Go figure.
    Actually, regardless of whether he was right or wrong, insulting the appellate court isn’t the right way to go about it.

  • http://www.SCTrialLaw.com Dave Swanner

    Carolyn,
    It was a real petition. Filed by a pro se litigant. The amazing thing is that those weren’t excerpts. That was the Statement of Issues and the Conclusion reprinted in their entirety. Go figure.
    Actually, regardless of whether he was right or wrong, insulting the appellate court isn’t the right way to go about it.

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