Appellate Practice
Feb. 23, 2010
Mysteries of the Writ
Myron Moskovitz of Golden Gate University distinguishes the winners from the losers in the fight to secure a petition for writ.
By Myron Moskovitz
Why, oh why do appellate courts deny over 90 percent of petitions for extraordinary writs? What distinguishes the 10 percent they grant? This is the great mystery I began to explore in the first article of this series. Reading cases helps a little, but not much, because the tiny handful of published opinions that address this issue speak in generalities, not specifics. "Case law has done little to explain why appellate courts deny writ petition...
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