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  • Originally posted by All-American View Post
    I'd have missed the Pullman question. Only out of luck did I happen to know the Younger question, and I know enough to know that it's a discrete issue that rarely comes up and when it does it is an easy issue. I don't care that he didn't know those questions.

    The motion in limine thing bothered me though.
    For me it would have been reversed, as Pullman was a bar question but Younger is too new for me.

    I don't believe one must have jury trial experience if one has sufficient trial court experience. But a person who's never tried a single case nominated for the trial bench, why?
    "Guitar groups are on their way out, Mr Epstein."

    Upon rejecting the Beatles, Dick Rowe told Brian Epstein of the January 1, 1962 audition for Decca, which signed Brian Poole and the Tremeloes instead.

    Comment


    • Originally posted by creekster View Post
      How could he not know what a motion in limine is? How is that even possible, even if you aren't a litigator?
      I'm not a litigator and I have no clue what that is.

      Comment


      • Originally posted by LiveCoug View Post
        I'm not a litigator and I have no clue what that is.
        I know what it means! I was the target of a motion in limine this past summer.

        (it was denied)
        "There is no creature more arrogant than a self-righteous libertarian on the web, am I right? Those folks are just intolerable."
        "It's no secret that the great American pastime is no longer baseball. Now it's sanctimony." -- Guy Periwinkle, The Nix.
        "Juilliardk N I ibuprofen Hyu I U unhurt u" - creekster

        Comment


        • Originally posted by LiveCoug View Post
          I'm not a litigator and I have no clue what that is.
          Well, sounds like you are a perfect candidate for lifetime appointment as an article III judge.
          τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

          Comment


          • Originally posted by Topper View Post
            For me it would have been reversed, as Pullman was a bar question but Younger is too new for me.

            I don't believe one must have jury trial experience if one has sufficient trial court experience. But a person who's never tried a single case nominated for the trial bench, why?
            I actually knew the concept, just not by that name.
            τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

            Comment


            • Originally posted by LiveCoug View Post
              I'm not a litigator and I have no clue what that is.
              It's a motion in advance to preclude the presentation before a jury. You use it to ensure the jury doesn't hear prejudicial evidence before the judge excludes in order to avoid the "rung bell" syndrome.

              Attorney A: Judge I'd like to make a motion outside the hearing of the jury
              Judge: Okay.
              [Judge excludes jury to hear argument by counsel].

              Usually you make these motions in advance of trial. In limine means "on the threshhold" and most evidence professors will speak of them in law school. It is a very common phrase and for a person not to know it, means he wasn't listening.
              Last edited by Topper; 12-17-2017, 03:43 PM.
              "Guitar groups are on their way out, Mr Epstein."

              Upon rejecting the Beatles, Dick Rowe told Brian Epstein of the January 1, 1962 audition for Decca, which signed Brian Poole and the Tremeloes instead.

              Comment


              • Originally posted by Topper View Post
                It's a motion in advance to preclude the presentation before a jury. You use it to ensure the jury doesn't hear prejudicial evidence before the judge excludes in order to avoid the "wrung bell" syndrome.

                Attorney A: Judge I'd like to make a motion outside the hearing of the jury
                Judge: Okay.
                [Judge excludes jury to hear argument by counsel].

                Usually you make these motions in advance of trial. In limine means "on the threshhold" and most evidence professors will speak of them in law school. It is a very common phrase and for a person not to know it, means he wasn't listening.
                I know quite a few lawyers who don't know the concept, but none are litigators.
                τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

                Comment


                • Originally posted by All-American View Post
                  I actually knew the concept, just not by that name.
                  I have no reason to know the Younger Abstention doctrine because I practice no criminal law. And stuff that wasn't taught in law school, if it's outside my area, I am unlikely to know. 2014 is way past my law school years. But I am learning all the time.

                  Now if somebody wants to ask me about Greber, the "any purpose" rule, Hanlester Network as overruled by the ACA, I am all ready for that one. Or even 280E's impact on deductibility of ordinary business expenses for illegal businesses. I'm your guy.
                  "Guitar groups are on their way out, Mr Epstein."

                  Upon rejecting the Beatles, Dick Rowe told Brian Epstein of the January 1, 1962 audition for Decca, which signed Brian Poole and the Tremeloes instead.

                  Comment


                  • Originally posted by All-American View Post
                    I know quite a few lawyers who don't know the concept, but none are litigators.
                    I have been a litigator for my entire career. So I am biased, obviously. Nonetheless, I find it hard to believe that any competent attorney who has even a basic understanding of trial process would nit know what one is. More pertinently, somebody that ignorant of trial process has no business being a trial judge IMO.
                    PLesa excuse the tpyos.

                    Comment


                    • Originally posted by creekster View Post
                      I have been a litigator for my entire career. So I am biased, obviously. Nonetheless, I find it hard to believe that any competent attorney who has even a basic understanding of trial process would nit know what one is. More pertinently, somebody that ignorant of trial process has no business being a trial judge IMO.
                      I am a business attorney but I do try a few cases each year, and once in a while a jury trial. But I was unaware there are attorneys who don't know that basic concept and agree if you are that unaware you don't belong on the trial bench.
                      "Guitar groups are on their way out, Mr Epstein."

                      Upon rejecting the Beatles, Dick Rowe told Brian Epstein of the January 1, 1962 audition for Decca, which signed Brian Poole and the Tremeloes instead.

                      Comment


                      • Originally posted by Topper View Post
                        He is no general practitioner, no trial lawyer and no litigator, yet he was appointed to serve as a US District Court judge. This a court of general jurisdiction, requiring knowledge of the FRCP and FRE for every hearing, as well as the Federal Rules of Criminal Procedure. If you don't have a working familiarity with those, you can't do your job.

                        It doesn't make him incompetent for the FEC, but it does for the US District bench. Litigants deserve better than a novice with no litigation experience. One doesn't need to be a world beater to be a competent judge, but zero experience?
                        See Judge Chon in Utah.
                        “Every player dreams of being a Yankee, and if they don’t it’s because they never got the chance.” Aroldis Chapman

                        Comment


                        • Originally posted by Copelius View Post
                          See Judge Chon in Utah.
                          This Judge?

                          https://judges.utah.gov/reports/judg...hon-su/2016-2/
                          "Guitar groups are on their way out, Mr Epstein."

                          Upon rejecting the Beatles, Dick Rowe told Brian Epstein of the January 1, 1962 audition for Decca, which signed Brian Poole and the Tremeloes instead.

                          Comment


                          • I think we covered motions in limine the first or second day of trial practice. That is inexcusable.

                            Comment


                            • As part of my initial training at the big firm, I worked on a couple of litigation matters (this was 35 years ago) and I still remember well motions in limine, but I'm clueless on Pullman and Younger. A few years ago a Superior Court judge indicated his interest in giving Jerry Brown my name as a nominee for a judgeship. I declined because (a) I don't think anyone three decades removed from a courtroom should be considered for the bench, nor should dunces like the guy in question here, and (b) I was informed I would have to work every day, with regular hours, a prospect I found depressing and undesirable.

                              Comment


                              • Originally posted by PaloAltoCougar View Post
                                As part of my initial training at the big firm, I worked on a couple of litigation matters (this was 35 years ago) and I still remember well motions in limine, but I'm clueless on Pullman and Younger. A few years ago a Superior Court judge indicated his interest in giving Jerry Brown my name as a nominee for a judgeship. I declined because (a) I don't think anyone three decades removed from a courtroom should be considered for the bench, nor should dunces like the guy in question here, and (b) I was informed I would have to work every day, with regular hours, a prospect I found depressing and undesirable.
                                PAC, ladies and gentlemen. Winner and still Champion of the heavyweight humblebrag division.

                                [emoji16]
                                Last edited by LVAllen; 12-17-2017, 06:48 PM.

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