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January 03, 2008

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Greg May

Wow, wow, and wow. Pity the Virginia apppellants and their counsel.

I cannot imagine this happening in California, where the courts routinely "save" appeals. At times, by construing an appeal taken from the wrong order as an appeal from the correct order or from the ensuing judgment, at others by construing a misstated -- sometimes incomprehhensible -- argument as what the appellant surely must have meant to say. It is likely in California that if both sides of the appeal had argued the wrong legal standard, the court would have simply ordered briefing on the correct legal standard.

All Writs

There is a reason the Comm. does so well in Virginia on criminal appeals. The Va Supremes is possibly the most pro-status quo in criminal & civil appeals of any court in the country. They hide their preferences though behind procedures like the one you note.

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