I’ve heard that fewer assignments of error are better than more, as appellate jurists prefer that appellate issues be focused. Are there any exceptions to this rule?
I can think of two. (A) If you represent a criminal defendant, you have an obligation to raise as many issues as you believe will support reversal (among other things, to protect the client’s habeas rights in the event the appeal is unsuccessful). (B) If you’re seeking a remand for a new trial, and the trial judge made an evidentiary or legal ruling you don’t want to have to live with the next time around, you must appeal that ruling, or it becomes the law of the case.
