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California Courts of Appeal,
Appellate Practice

Jan. 4, 2014

Appellate attorneys, flailing in the dark

The notion of tentative appellate opinions still strikes most appellate justices as seditious, if not treasonous. Why?

Paul S. Berger

Research Attorney
3rd District Court of Appeal

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When I was boy, I loved to watch two game shows on TV. One was called "What's My Line?" and the other "I've Got a Secret?" In the former, the contestants had to guess the guest's occupation, achievement or skill. They were given a hint by the emcee but could only ask yes or no questions; the answers could range from "no," to "not exactly" to "you're getting warmer." The latter show featured a celebrity "mystery guest" who appeared on stage. The contestants were blindfolded and had to use...

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