Category Archives: APPEALS and/or REMANDS

Evidentiary Rulings – Preserving the Record: 5 Rules Every Judge (and attorney) Must Know (15-02)

Lack_EvidenceUpdate Focus:  You are upset at your judge’s evidentiary ruling(s). You are convinced the courts legal analysis is seriously flawed and you believe you could win on appeal. Preserving the court record is one of the fundamental duties of all judges and attorneys. However, winning an appeal by arguing evidentiary error is exceedingly hard to do. This Update will focus on the 5 most important rules that attorneys and judges must follow in order to preserve an evidentiary ruling for appeal.

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PendletonUpdate15-02

 

 

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FIFTEEN JUDICIAL TRAINING UPDATES NEW JUDGES SHOULD USE IN COURT (14-10)

judge and computer in courtCOMMON AND  RECURRING JUDICIAL MISTAKES:  Judicial mistakes that trigger appeals often occur as a result of judicial omission or failure to make a proper record. Many of these common judicial errors tend to recur with every new generation of judges.

UPDATES DESIGNED FOR USE IN COURT: There have been 75 judicial training updates issued to date. Fifteen of those updates (listed below) were written for new judges to use in court to assist them in making a proper record. The hope is to eliminate or reduce the number of appeals that occur as a result of these recurring judicial errors (especially among our newest generation of judges).

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https://blogpendleton.files.wordpress.com/2014/07/judicial-training-update-14-10.docx

“JUDICIAL LANDMINES” 20 COMMON MISTAKES EVERY JUDGE SHOULD AVOID (13-15)

WHAT IS A JUDICIAL LANDMINE? Judicial Landmines are common judicial mistakes or oversights that create a high likelihood of triggering an appeal. These judicial oversights tend to reoccur with every new generation of judges. Most of these mistakes occur as a result of judicial omission or failing to make a proper record. The following is a summary list of the 20 most common reoccurring Judicial Landmines.

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Pendleton Update 13-15

 

APPEALS & REMANDS: TEN COMMON TRIGGERS (11-11)

QUESTION: What Are the Most Common Judicial Triggers for Appeals and Remands? Do you ever wonder what your colleagues around the state are doing (or not doing) that tend to statistically trigger appeals and remands? Regardless of merit, certain judicial actions carry a high probability of triggering an appeal, a remand, or both? This Update addresses the most common judicial appeal triggers.

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Pendleton11.11-Appeals_and_Remands