Friday, March 27, 2009

Petition for rehearing dening

The California appeals court just denied my petition for rehearing, without comment.

I am not surprised. Their opinion was filled with misstatements, such as attributing statements to the kids which are not on the record anywhere. It claimed that there was a change of circumstances when no one even argued that there was such a change. It even contradicted its own opinion from a couple of years ago.

I had to point out the errors because otherwise someone would probably later say that I waived my rights by not filing a paper on the subject when I could. That is how these courts work sometimes. Rather than addressing the merits of an issue, they would rather say that someone lost his rights by not filing a timely objection to losing his rights. That way they can say that it is all your own fault that you lost your rights.

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