Judge Michael McC _ nick - Voice For The Defense Online

sues, what my gut reaction is, having reviewed it when it came up previously onPDR. I tell them my gut reaction of what Ithinktheoutwme oughtto beand why andthen I turn them loose and let them write.Mer they've prepared a draft opinion, itcomes back in here and as time allows, Iwork through those drafts, make whateverchanges I want, if they're in pretty goodshape wecanjust make minor changes thatmight he necessary and send it out of hereas an opinion. IfIperceive some problems,I may ask them to rewrite, re-research orreinvestigate those issues, hut right nowof tips you can think o$Judge McCormick: Put the best pointof error fust, don't hideit down in the bottomsomewhere. So many times, the bestpoint is downlike number eight or nine outoffifteen. Put your best one fmt, that's theone we're looking for if there's a goodpoint. Let us zero in on that one, don't letus work through all of them and, afterwe've written a forty-page opinion, discover,my God, here's a good point. I thinkthat's one thing. Secondly, undo discussionand hypothetical situations within abrief that don't really help us. I wouldpeal. Ithink you oughttowmeuphereandgive us your best shot.BW: After being an appellate coutrjudge for eight years, is there somethingthat you would tell trial couls judges toheb the appeals coutr do its job?Judge McCormick: WeU, you know,I'venever sat on a trial wurt. I don't thinkI have the temperament that I could sit onatrialcourt. Itriedalot of cases whenlwasin theD.A.'s office, Icamot sit and watcha trial. I cannot go walk into a courtroomand watch someone trying a we, and Ithat's about the only way that we &n pos- muchpreferthey statetheir groundoferror don't think I could sit on a bench and dosiblv even hove to stav