Appellate Practice
Oct. 11, 2013
What the Dickens is the law?
A recent appellate decision demonstrates that like invisible ink, what depublication has erased is not always entirely gone. By Gary A. Watt and Tiffany J. Gates
Under California Rules of Court, rule 8.1125(c), the Supreme Court has discretionary power to depublish an opinion at any time. Depublication's impact upon the precedential value of appellate decisions can be likened to that of eraser on whiteboard. The depublished opinion is "of no more effect ... as precedent to be followed ... than if [it] had not been written." Knouse v. Nimocks, 8 Cal .2d 482, 484 (19...
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