On Thu, Nov 27, 2008 at 10:45 PM, Sgeo <[EMAIL PROTECTED]> wrote: > But the judgment of 2273 was appropriate at the time it was made. The > fact that it would now be inappropriate does not change the fact that > the judgment was appropriate at the time, and is therefore correct.
Yeah, I noticed that when I went to appeal the case (and hoped nobody else would :p). There's sort of a bug there, because REMAND may also be an appropriate judgement (there's serious doubt about the appropriateness of the prior judgement), and if the case is remanded, the new judge has to deliver an ALREADY TRIED judgement... whether 'the appropriateness of the prior judgement' refers to the appropriateness now or then is debatable, but the set of appropriate judgements delivered by an AFFIRM should not be different than that delivered by a remanded judge. Oh well, I suppose this was a pointless little race condition. I tried... ;)
