Appellate Practice
Jan. 4, 2001
Decisis Decisions
Experienced appellate advocates know that one must tread lightly around the doctrine of stare decisis.
It's a common situation for appellate lawyers: The trial court wrongly decided the case because it relied upon clearly erroneous, but controlling, precedent. It's time to argue to the appellate court that the controlling precedent should be disregarded or overruled, right?
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