Sentences with phrase «allowing unpublished opinions»

I don't like the idea of allowing unpublished opinions to be cited, which is another way of saying that I think courts should be permitted to designate some of their decisions as nonprecedential and therefore not worth citing.

In this conflict, the judicial notice statute should take precedence, and courts should allow unpublished opinions to be cited as persuasive authority.

Not exact matches

Although it is commonly believed that the no - citation rule in Rules of Court, Rule 8.1115 (a) prohibits the citation to an unpublished opinion, this rule is inconsistent with the judicial notice statute allowing citation to the «[r] ecords of -LSB--RSB- any court of this state...» In this conflict, California Constitution Article VI, § 6 (d) provides that «[t] he rules [of court] adopted shall not be inconsistent with statute.»

While the non-citation rule prohibits citation to any unpublished opinion, judicial notice pursuant to California Evidence Code section 452 (d)(1) may be made as to the «[r] ecords of any court of this state...» On its face, this statute allows judicial notice of any opinion of the Court of Appeal as a record of a court of this state.

The published opinions currently available may constitute the entire work of the Court of Review — that is, there may in fact be no extant unpublished precedential opinions from the Court of Review or the en banc FISC, but the current legal regime does allow for such opinions to exist.

Where do you stand on the question of allowing citation to «unpublished» opinions; do you believe that federal appellate court panels should be able to designate some of their rulings as «non-precedential» upon issuance, or should the precedential value of an opinion be left to later panels to determine; and why?