Without a doubt, the most frequently asked “Should I be worried if” question concerns the number of judges assigned to decide an appeal. When two judges are assigned, appellants worry the Appellate Division did not determine their arguments sufficiently meritorious to warrant a three-judge panel. On the other hand, respondents wrinkle a brow when three judges are assigned, concerned they might lose a hard-won victory.
Are these concerns well-founded? Sort of. But only a little.
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