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Re: MontanaState83 post# 281707

Saturday, 06/20/2020 4:11:17 PM

Saturday, June 20, 2020 4:11:17 PM

Post# of 425648
MS—the reality is that appellate judges put their pants on one leg at a time, just like the rest of us. The state Supreme Court justice I worked for taught me that lesson in the 80s when I was a clerk. They are interested in the big picture on any case, while still restricted by the rules of appellate procedure to consider only what was presented and admitted into evidence at trial. I have had a appellate judges ask me questions that invite responses based on non-record information. It happens.

So there is some room in the process for basic fairness and equity to play a role, beyond the technical rules. But you never want to rely on that alone. The extent to which anything outside the record comes to influence the decision will also depend on the panel, of course.

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