==============================  CFJ 1588  ==============================

    An Appeal may not be initiated twice for the same trial judgement.

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Caller:                                 G.

Judge:                                  root
Judgement:                              


Judge:                                  Murphy
Judgement:                              FALSE

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History:

Called by G.:                           07 May 2006 02:41:39 GMT
Assigned to root:                       05 Jun 2006 08:54:55 GMT
root recused:                           19 Jun 2006 08:54:55 GMT
Assigned to Murphy:                     23 Jul 2006 06:45:07 GMT
Judged FALSE by Murphy:                 24 Jul 2006 04:32:58 GMT

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Caller's Arguments:

Rule 1564/12 states that a subject is Appealed when... three
players appeal it.  If an Appeal is initiated, and appellate
judgement returned, than any other attempts should be taken
as referring to the same appeal (e.g., after the appeal, it's
a truism that the judgement is appealed, and further
calls for appeal should be greeted with "yes, thank you, that
judgement is in fact appealed."

Otherwise, it could be argued that every multiple of 3 calls
for appeal initiates a new appeal, even if previous ones are
ongoing.

This wording is ambiguous, so I also speak to game custom,
game play (endlessly appealing until you have a favorable
judgement is not good play) and the fact that the title of
R1447, while not binding, is "final judgement upon appeal",
which implies a tradition and need for finality.

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Caller's Evidence:

Rule 1564/12 (Power=1)
Initiating Appeals

      The following are subject to Appeal:

        a) The Judgement of a Trial Judge.
        b) The grant or denial of a Motion.
        c) The execution of a Judicial or Sentencing Order.
        d) A claim that a Trial Judge has failed to perform a required
           judicial duty.

      A subject is Appealed when any of the following occurs:

        i) Three Players Appeal it.
       ii) A Player Appeals a Judicial or Sentencing Order binding em.
      iii) A Player Appeals a Trial Judgement convicting em of a
           Crime.

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Judge Murphy's Arguments:

My interpretations of the issues raised by CFJ 1588, including game custom
and the best interests of the game, are as follows:

  * A subject ceases to be Appealed when an Appellate decision is
    returned.

  * An Appellate decision is "final" with respect to the Appeal
    that caused it to take place, not with respect to any future
    Appeals of the same subject that may occur.

  * At least one subject (CFJ 1533) has been Appealed twice, and for
    good reason (I screwed up and typed "TRUE" when I clearly intended
    "FALSE", in response to the first Appeal).  Okay, we could decide
    that the attempt to conduct a second Appeal was unsuccessful, but
    I see no reason to do so, and ample reason not to.

  * Simply because something is allowed does not mean it is recommended.

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