In my experience, they (the Appellate judges) are usually the most against me when I'm on the side that won below! It totally sucks to walk away from an argument that you feel strongly with the sinking sense that the court is against you. Sorry you had that experience.
Appellate Work is very hard, but in my experience, most judges and clerks that oral arguments rarely persuade either side to change their mind--its just the written briefs.
Western Justice
Commenting by HaloScan
