Appellate Practice
Sep. 7, 2000
Battle Cry
Appellate Practice by Ron Cohen and Ronald Steiner. The California courts have also signaled some discomfort with the rules prohibiting citation to unpublished opinions.
A panel of the 8th U.S. Circuit Court of Appeals recently struck down as unconstitutional the circuit's own rule prohibiting the citation of unpublished opinions as precedent.
Eighth Circuit Rule 28A(i) provided that "[u]npublishe...