>
>Had to share this with you guys...
>
>In a hot-off-the-presses decision from the Ninth Circuit Court of Appeals,
>dealing with excessive use of police force in violation of the Fourth
>Amendment, Judge Kozinski wrote the following regarding an attorney's use
>of
>"unpublished" decisions in violation of a court rule:
>
>"Counsel represents that she violated the rule because she misunderstood
>the
>scope of the exception, and we accept that representation. Then again, we
>may bear part of the responsibility by issuing unpublished dispositions
>that
>violate General Order 4.3.a, and so tempt lawyers to cite them as
>precedent.
> [FN2]"
>
>Then Kozinski drops a footnote -- a rib-cracking footnote, actually:
>
>"FN2. This excuse is valid only in this case. SEE Bush v. Gore, 531 U.S.
>98, 121 S.Ct. 525, 148 L.Ed.2d 388 (2000)."
>
>Hilarious. I knew we'd see Bush v. Gore put to comedic use by the courts.
>
>
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