By a 6-1 vote, SCOOH denied a trial judge's aggressive subpoena of 2 Cinci Enquirer reporters. First a summary, then background, then some thoughts.
Summary: Because of their abusive gamesmanship, the judge & cop in this case should be concerned after this vote. #AppellateTwitter

https://twitter.com/jeffreynye/status/1392281456374947844

Background: The judge is a party because this is a mandamus to allow parties to publicly disclose the name of a Cinci cop who is suing protesters who said he uses a racist gesture on video.

And as I’ve repeatedly said here, different parts of our attorney general’s office disagree about which set of laws apply to out-of-state people who were convicted of a sex offense before 2007. Megan’s Law or Adam Walsh Act? It depends on who you ask.

https://twitter.com/g_padraic/status/1375968845001818112

Then, when the AG & I brought a dispute about how to classify out-of-staters under Megan’s Law, our state supreme court rejected both our interpretations and picked a third way.

People go to prison for years for not understanding this stuff.

1/ Thread. Here are some of my appellate litigation rules. I try not to repeat stuff I’ve heard 1,000 times in CLE’s (like don’t mislead the court), but a few have slipped in. Some are in tension with others. That’s life.
-The side with the better story almost always wins. 2/ -The factual statement is the most important part of a brief.
-In a statutory interpretation case, the side with the shortest plausible brief insult likely win.
-Visit your client, even if they’re in prison, especially if they’re in prison.
-Listen to your client.