On Dec 19, 2007 8:45 PM, Josiah Worcester <[EMAIL PROTECTED]> wrote: > It is reasonable to assume that there was evidence of the act when Agora's > Child submitted that CFJ. . . > Considering that I myself caused Agora's Child to do so. ;)
Speculation about motive is poor evidence. Agora's Child could have been obligated to submit the CFJ. By Rule 911, the appropriateness of AFFIRM and OVERRULE are based upon the appropriateness of the prior judgement at the time of the prior judgement. The rule does not specify timing for the appropriateness of REMAND and REASSIGN, but I think it is reasonable to assume consistency in this matter between all four possible judgements. Based on current information, there is doubt as to the current appropriateness of the prior judgement, but not the original appropriateness. I therefore support a judgement of AFFIRM. -root
