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When trial courts copy and paste from the State’s brief

It happens. Even worse, some trial courts just say “for the reasons set forth in the State’s response, motion denied.” Turns out Judge Posner hates this practice too. Click here for more on his views.

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  • John T. Wasielewski May 16, 2018, 11:54 am

    The Wisconsin Court of Appeals has quoted with approval language from the Seventh Circuit disapproving of the practice Judge Posner criticizes:
    “From time to time district judges extract portions of briefs and use them as the basis of opinions. We have disapproved this practice because it disguises the judge’s reasons and portrays the court as an advocate’s tool, even when the judge adds some words of his own. . . . Unvarnished incorporation of a brief is a practice we hope to see no more.”
    State v. McDermott, 2012 WI App 14, footnote 2, 339 Wis.2d 316, 810 N.W.2d 237, quoting from DiLeo v. Ernst & Young, 901 F.2d 624, 626 (7th Cir. 1990). The court in McDermott, after quoting this from DiLeo, states: “We agree.”

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