Earlier this week Anderson wrote about the Miss. Court of Appeal’s decision in Boyd v. Nunez. The case dealt with the trial court throwing out the plaintiff’s medical malpractice case on the morning of trial based on defendant’s motion to win [my description].
Judge Griffis wrote a long dissent that opened with this:
Justice John F. Onion Jr. of the Texas Court of Criminal Appeals once observed ‘that appellate judges watch from on high the legal battle fought below, and when the dust and smoke of the battle clears they come down out of the hills and shoot the wounded.’
Classic. Absolutely classic.
Any lawyer who has tried a case and then works on the appeal can identify with this. I suspect that trial judges can really identify with this, but you’d have to ask them.
During the appeal, it’s so easy to nitpick the trial record and talk about how this or that should have been handled better. Often, it’s just not apparent during the trial to the people trying the case.