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Sun v. United States: Frivolous Pro Se Appeal, Implications

September 6, 2016| in Wegner's Writings| by Hal Wegner

Today in Sun v. United States, __ Fed. App’x __ (Fed. Cir. Sept. 6, 2016)(Newman, J.), in a pro se appeal, the panel paid inordinate attention to appellant’s frivolous cause in what could have been an essentially one paragraph opinion (as red-boxed on the attached copy of the opinion).

Objective of the Opinion in the Pro Se case:  A goal of issuing an opinion in a pro secase is to teach the pro se appellant why his appeal is denied.  This result would have been better achieved, here, with a pinpoint focus on the key issue (at the very end of the opinion) undiluted by the previous paragraphs that blunt the message.

A Shorter Opinion Better Serves the Interest of the Pro se Appellant:  Does the individual appellant fully grasp the essence of the opinion when it is just a few lines as the last paragraph of that opinion?

The Overall Impact in Publication of Opinions in Pro Se Cases:  Does the publication of opinions, as here, stimulate further like actions by others seeking publicity?

Regards,
Hal

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