Thursday, October 27, 2011
WRONG IS RIGHT
What do you do as an appellate judge when you know the underlying fact on appeal- which was accepted by all parties and the trial judge- is wrong?
If you're Alex Kozinski, you have a little fun. The full coverage by the WSJ is here.
The fact remains that Arias conceded that he violated the order, and defendants didn’t argue otherwise to the district court, which is probably why the district court saw no reason to belabor the point. And this concession amounts to a waiver so that we must deem a violation established for purposes of this appeal even though Arias didn’t actually violate the order.
This raises the unusual question of how we treat a finding of bad faith for a transgression that didn’t actually occur. We conclude that Arias couldn’t have acted in bad faith if he did not, in fact, violate the district court’s order. You can’t have chicken parmesan without chicken; you can’t have an amazing technicolor dreamcoat without a coat; you can’t have ham and eggs if you’re short of ham or eggs. And you can’t have a bad faith violation without a violation.
Kozinski is obviously not from South Florida, because if he was, he would have written "you can't have arroz con pollo without the rice or the chicken..."
The Herald has a big scoop: The State Attorneys are now running the clerk's office!!
Here is a direct quote about how they obtained an a-form in the tragic cases of a Coral Springs police officer arrested for DUI Manslaughter that occurred in the Gables:
As of Wednesday, more than a month after the crash, Coral Gables police declined to release the arrest affidavit, saying it was part of an “open criminal investigation.’’ The Miami Herald was able to obtain the document through the state attorney’s clerk of courts office.
The full article written by Herald reporter Julie Brown is here. Next time you see Ms. Brown, ask her exactly where is the "State attorney's clerk of courts office"? We'd love to know.
Query: Should a reporter for the city's only major news paper have some fundamental understanding of the court system she is covering? Or is that asking too much?
Maybe we'll take a walk down and check with the Miami Herald's NY Times City desk.
See You In Court on our way to the SAO's clerk of courts office, where it's apparently an a-form jamboree.