Quote:
Originally Posted by pwalker8
Hum, I would say that the fact that the judge said before the trial and before seeing Apple's side of the case that she was sure that Apple was guilty will come into play in the appeal.
|
No, it won't. And she had seen Apple's side of the case in the slides presented before the trial. Giving her draft opinion was standard practice and requested by both Apple and the DOJ. Judge Cote specifically addresses this in her ruling, on p6 (my emphasis):
Quote:
|
As the parties were informed, the Court prepared a draft opinion in advance of the bench trial based on the witness affidavits and other documents submitted with the pretrial order and the arguments of counsel in their trial memoranda. At trial, the affiants swore to the truth of the contents of their affidavits and were tendered for cross and redirect examination, and the other trial evidence was formally received. The parties understood that the Court’s final findings of fact and conclusions of law would incorporate all of this evidence. Consistent with these procedures, and with the expectation that the Court had already prepared a draft opinion, the parties jointly asked the Court for its preliminary views on the merits at the final pretrial conference held on May 23, 2013.
|
Graham