Thursday, April 17, 2008

People v. Concha (Cal. Ct. App. - April 16, 2008)

Unlike the Ninth Circuit, you typically don't see that many votes ever cast to grant a petition for rehearing in the California Court of Appeal. My intuition is that many (or at least some) on the Court of Appeal deem it somewhat "out there" to do so; that it's somewhat uncollegial in a way that's different than just dissenting.

But it occasionally happens.

So it's worth mentioning when it does. Especially when, like today, it's thus far a very slow day in the Ninth Circuit and California Court of Appeal. Though the afternoon dump of opinions from the latter is still to come. And we can always hope for a thriller.

POSTSCRIPT - The "afternoon dump" from the California Court of Appeal turned out to be, well, nothing. Oh well. So much for a "thriller"!