Monday, September 17, 2012


What exactly is an appeal to the 9th Circuit?

by Larry Geller

Understand the limitations of an appeal.  The judges emphasized that the standard of review is often determinative of the outcome on appeal.  They are not trial judges and are not empowered to look at a case with an eye sympathetic to the facts, but instead have the narrow job of reviewing only those issues put forward on the appeal, and must do so under the applicable standard.

by Larry Geller

The pull-quote above is from a very short article posted on the Hawai`i Litigation Blog, The Ninth Circuit Comes to Town (7/13/2012).

There are many misconceptions about federal appeals. No, the attorneys don’t get another chance to argue their case. No, it’s not a do-over.

The article is a short anecdote about an interview with three 9th Circuit judges visiting Hawaii.  Check it out, it’s a quick read.

The 9th Circuit, by the way, allows (with application) audio recording of oral arguments and has provided Disappeared News with their own audio recordings in the past. They’ve allowed me to take limited photographs in the courtroom.

Perhaps one day our own Honolulu federal judges might follow suit.


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