Appellate Practice
Jan. 16, 2024
Using ‘old’ precedent cases
What lawyers think of old cases is not important. What counts for advocates is what our targets - the judges - think of them.
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.
I sent a draft appellate brief to the trial lawyer who had brought me in to handle the appeal. She called me up.
Trial counsel: “The main case you rely on is more than 60 years old. That doesn’t look good.”
MM: “Well, we’re appealing to a California appellate court, and the case I cite came down from the California Supreme Court. It’s right on point, and it involves facts similar to ours. And it comes out our ...
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