The latest Maine Bar Journal (Fall 2015) has been issued, and included is another set of Judge Hornby’s “Fables” – short lessons in the Aesop mode.  These are always enjoyable, thought provoking, and helpful.  There are a few this time relevant to appellate practice.

So it’s been a while, but I have been travelling.  First to DC for the AAAL conference, then Paris for vacation – and yes, I was there for the shootings.

I was perusing recent First Circuit decisions and noticed one that ordered a remand to a different district court judge.  U.S. v. Figueroa-Ocasio (Oct. 16, 2016).  This is unusual, and got me wondering whether there is any pattern that can be found in these determinations, either in that court or the Maine SJC.

I am off at the end of the week to a conference of the American Academy of Appellate Lawyers, where I serve on the board.  (http://www.appellateacademy.org/)  Congratulations to the newest Maine member of AAAL, Margaret McGaughey at the U.S. Attorney’s office and Donald Macomber at the Attorney General’s office!  (Now there are four of us – Margaret, Don, Gerry Petrucelli and moi.)

As previously reported (A long way - 10/16/2015), Mary Bonauto was this year’s speaker for the Coffin lecture at the University of Maine Law School, which took place last night.  It was a packed house, with many judges (I believe I saw at least Judges Kayatta, and Lipez and Chief Judge Saufley) and illuminati (e.g., US Attorney Delahanty, Peter Mills) in attendance, along with lots of law students.

A decision in a recent reported question before the Maine SJC shows how far and fast the law has traveled on marriage equality.  Kinney v. Busch.

So here’s a difference between the motion practice in the Maine SJC and the First Circuit that I didn’t notice until now.

We have previously blogged on a Maine SJC decision rejecting an 80B appeal as untimely, with the Chief Justice in that case noting some problems and pitfalls under current law, and us noting a few more.  (Is your 80B clock ticking?)  Last Tuesday, the Court issued a decision rejecting an 80C appeal as untimely, so beware on that front as well.  (Bailey v. Dept. of Marine Resources, 2015 ME 128)

Per my recent blog, I attended the Maine Historical Society’s event honoring the Mills family (Dora, Janet, Paul and Peter), and, as anticipated, it was a delightful event.  If we were all as involved in our communities as each of these folks, the world would be a different (and better) place.  Dora Mills has even worked with Mother Theresa!

The latest (Summer 2015) edition of the Council of Appellate Lawyers’ Appellate Issues addresses a hot and important topic in appellate law – the record.  Or, more accurately, discusses the current assault on the record as we have traditionally known it.  This is a topic upon which I have blogged before (sometimes responding to Judge Posner’s views on the subject, whom I believe takes a rather liberal view of the need to color within the lines of established rules).