I've just used the word "participle" in an appellate brief. This is either a huge loss or a flawless victory. #AppellateMastodon

NEW: For Washington lawyers, or anyone with an interest in appellate precedent, I've got a new piece out in the Wash. St. Bar News. I examine how appellate precedent is playing out in our state courts five years after our Supreme Court's rejection of horizontal stare decisis in the Court of Appeals: https://wabarnews.org/2023/06/12/when-precedent-lacks-power-make-the-judge-want-to-decide-in-your-favor/
#LawFedi #LegalWriting #AppellateFedi #AppellateMastodon #WSBA

New amicus brief from us: tighten the rules for ID from video. Prior familiarity (PF) is not good enough.

- PF is only a plus when it is of long standing. Insufficient PF actually increases misidentification risk.

- People commonly overestimate PF.

- PF only affects identification of faces, as opposed to gait or body shape.

- PF is essentially useless when the image at issue is not of sufficient quality.
#AppellateMastodon
https://www.woodnathanson.com/content/2023/3/26/amicus-brief-tighten-admissibility-for-identification-from-video

Wishing Justice Whitener a successful surgery and a quick recovery!
https://www.courts.wa.gov/newsinfo/?fa=newsinfo.pressdetail&newsid=50043
#LawFedi #AppellateFedi #AppellateMastodon

Inaugural post. Excited for the potential here! Hopefully #AppellateTwitter can be remade as #AppellateMastodon and the best parts of the former app come here and maybe get even better.

Some #litigation I'm watching this week:

*The #8thCircuit *still* has not decided the pending motion for injunction pending appeal in Nebraska v. Biden, the #studentloans case that has put the loan #cancellation program on pause. It's been fully briefed (on an expedited schedule) for two weeks.

* The #Trump response in the expedited #11thCircuit appeal of the #SpecialMaster proceeding is due tomorrow. #DOJ reply due middle of next week.

#law #legal #LawFedi #AppellateMastodon

Elon appears to be burning Twitter to the ground much faster than I anticipated. So hi, #AppellateMastodon. I refuse to call them “toots,” though.

#AppellateTwitter #AppellateTwitterInExile