8. I remember wondering what the appellee’s lawyer must have thought about why we
were holding a hearing. If you have won below, and the state’s highest court sets argument, the
logical thing would be to imagine that one should be ready to defend the status quo rather than to
take it for granted. (To the best of my recollection, the side with the argument for change
prevailed.)
9. Clarke D. Forsythe, The Historical Origins of Broad Federal Habeas Review
Reconsidered, 70 NOTRE DAME L. REV. 1079 (1995).
10. We are now following The Bluebook, like every jurisdiction save California, but the vote
to change was close, three to two. IND. APP. R. 8.2(B).