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Microcap & Penny Stocks : FONR...Patent on Cancer Detection....
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To: Rob Wachowsky who wrote (139)12/1/1996 11:37:00 PM
From: John Soileau   of 560
 
Dave, the author of that piece was not an attorney. The speculation that the appellate panel might have "taken testimony for a day or two"
is so absurd it would have any attorney howling with laughter!

First, appellate courts do not hear testimony, that is done in the trial court below. The appellate court only hears argument by attorneys (which is NOT testimony), concerning whether the trial judge messed up in some material way. The primary means of communicating this argument is by the written briefs filed by each side; oral
argument merely allows the attorneys to pitch a capsule summary of the written arguments already given to the judges in the briefs, and answer any questions the panel may have. Oral argument is not even granted in all cases; sometimes the panel decides without even hearing any. So the one-hour vs. several days argument is just gibberish.

Second, almost every court limits the duration of oral argument (to
protect themselves from attorneys' longwindedness! As I said, it's generally 20 or 30 mins each side.

So, the author's "analysis" is confused and essentially meaningless.
I am an attorney, I do some appellate work (but not for Fonar or GE!), and believe Fonar will prevail on appeal.

Regards John
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