Judges and Judiciary
Feb. 21, 2023
JUDGING BAD GUYS. Part I: The Problem
Courts tend to rule against Bad Guys just because they are Bad Guys. But at the same time don't our courts go out of their way to discourage juries from doing pretty much the same thing?





Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
A while back, the Daily Journal published a review of my then-new CEB book, Strategies On Appeal. The review was written by San Francisco attorney Robert DeVries. He liked the book, but along the way he complained about “lost cases [he] should have won in poorly reasoned unpublished opinions where the judges clearly did not like [his] client or sympathized with the other side.”
I’ve had the same experience. I s...
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