The Court of Appeals in Washington state recently reversed a conviction because the state prosecutor invoked racist rhetoric at trial. State v. McKenzie, No. 38555-8-III (Wash. Ct. App. Apr. 21, 2022). The opinion’s misconduct analysis is powerful and worth the read. It’s also nice to see the state judiciary’s ongoing commitment in this area. If…
Tag: Lori Shemka
Abeyance orders, Google due diligence, and the next 69302309 cases
It’s not a throwaway oral argument question when a Michigan justice asks or reminds counsel that the Court also must consider the next 100, 200, or 500 cases when deciding what the rule of law is and how it should be applied. Sometimes it’s mentioned in written statements or opinions: “As members of this Court…
Curly and straight quotes happen but they don’t mix. The Ctrl+F fix.
Many writers’ Word settings are already configured to use Smart (curly) Quotes as they type. But straight quotes can slip in when others add content (because their Word is set to use Straight Quotation Marks when they type). Straight quotes can also slip in when a writer copies online content and pastes it into their…
Remote devices matter: What YOU see is not always what OTHERS get. (A Zoom experiment)
A recent law review‘s observation about remote courts sparked my curiosity: [W]hile courts frequently assume tenants are accessing remote platforms on a computer, our interviews suggest they are often doing so on a phone for which the remote platform may not be optimized, making it unlikely the tenant can see everything happening in the proceeding….
The MSC trends continue with the end of the 2020-21 term: fewer filings, slower decisions on argued cases, and growing differences
The Michigan Supreme Court’s 2020-21 term ended on July 31. MCR 7.301(B). August becomes a major holiday for court-data nerds: the time to see where the case data has settled. (SCOTUS doesn’t deserve all the attention!) Measures and trends are sometimes tricky. It’s probably best to start with how I approach the effort. First, I…
Google search operators can tame online searching
Ever face a similar online roadblock? The known info of this Michigan Court of Appeals decision was limited The court website’s search features were not helpful for Silvia. But the original post shared enough info for me to effectively use Google search operators and quickly find the answer. For me, helpful Google search operators include:…
The “write” stuff: 15 writing tips for the self-represented
Folks write and (e)file their own court papers in civil and criminal cases each day. Ordinary people—like Clarence Earl Gideon (handwritten in pencil) and Steven Alan Levin (formatted in Microsoft Word)—have successfully petitioned the Supreme Court of the United States on their own. The Michigan Supreme Court ordered oral argument on two handwritten applications filed…
Understanding and using Word’s Styles and templates to format legal briefs (a guide)
If I had a dollar for each time I’ve read or heard a well-intentioned person say, “Lawyers (or law students) need to learn how to use Styles and templates when writing their legal briefs . . .” And, yet, for all of those who encourage, “You should,” I’ve never seen someone also point to a…
unDEFAULT: See how to review and adjust your proofing, grammar, and spelling settings in Microsoft Word (Editor)
Microsoft went big in 2020 when it released its new editing tool, Editor. Given all of its juiced-up functionality, it’s worth the straightforward review of your current Word settings and adjusting them to fit your preferences and writing needs. (No one wants to live and edit by Microsoft’s “default” settings, do they?) “While Microsoft has…
Time to stop using branded, pleading paper and templates
“Distinctive,” “polished,” “conveys a professional image,” were some reasons why attorneys and firms used to add their “brand” to their court-filed papers. The paper was fancy. And expensive! (Did you even practice law if you never got yelled at in the office for printing a draft on the bond paper instead of copy paper?) When…