U.S. Supreme Court,
Judges and Judiciary
Apr. 17, 2023
JUDGING BAD GUYS. Part V: The Supreme Court nails the bad guy
This was the first case in which the Supreme Court adopted the “inevitable discovery” rule. Would they have done so if they were not out to get a Bad Guy who had already escaped his just desserts in the earlier trial and appeal, as they saw it?
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
Part I of this series described my shocking post-law school discovery that, in the real world, judges do not always do what my law profs said they do - find the facts, apply the law, and bingo, out pops the ruling. Sometimes, judges bend or even ignore this process - to stick it to a party they see as a Bad Guy.
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