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Kevin
San Francisco
Full-time attorney, part-time . . . something.
Interests: bike riding, writing, litigating, conjugating, arguing about useless trivia, trans-atlantic rowing (solo), trans-atlantic rowing (as part of human pyramid), nude civil-war reenacting, team cite-checking (european summer league).
Recent Activity
In this Facebook post, Tamah Jada Clark, the author of the now-legendary pleading entitled "To F— This Court And Everything That It Stands For," expresses puzzlement as to why that pleading "has now, apparently, become a 'big deal.'" She also... Continue reading
Posted 2 days ago at Lowering the Bar
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What was I just saying about the bottomless well of human stupidity? (That's the well I was talking about.) The examples are both endless and varied. Here's another brief, for example. At only nine pages, this one is well within... Continue reading
Posted 3 days ago at Lowering the Bar
People sometimes ask where I find "all this stuff" as if there were a limited amount of such material. There is not. It is endless. The well is deep, my friends. Nay, do not seek the bottom, for it cannot... Continue reading
Posted 3 days ago at Lowering the Bar
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When Michael Daly wrote at The Daily Beast that convicted murderer Saul Rodriguez "bawled like a psychopathic baby" at his sentencing, he probably meant that Rodriguez is a psychopath who bawled like a baby, not literally that he bawled like... Continue reading
Posted 4 days ago at Lowering the Bar
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Few details are available regarding this incident, but then how many do you need? Last week in Tulsa, a woman noticed a man "covered in blood" stumbling around the parking lot of an apartment complex at about 1 a.m. When... Continue reading
Posted 5 days ago at Lowering the Bar
From a recent Courthouse News Service report of cases filed in central California: Christianne M. v. Robert M. dba [Redacted] Apartments 4/17/2015 TN2202 Habitability. Defendants' apartment had mold, water intrusion, contaminants, and mushrooms growing out of the bathroom ceiling. Download... Continue reading
Posted 5 days ago at Lowering the Bar
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Facing a Monday trial on two misdemeanor counts of owl harassment, Dell Schanze decided to plead guilty instead. Schanze, who also goes by the nickname "Super Dell," became (in)famous in Utah some time ago as the TV pitchman for his... Continue reading
Posted 6 days ago at Lowering the Bar
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Although such items can certainly be terrifying, in this particular case an appellate court in New Jersey decided that throwing one at a corrections officer did not constitute "attempted assault with a weapon." According to the report (thanks, Robert), Gerald... Continue reading
Posted Apr 17, 2015 at Lowering the Bar
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It still hasn't caught any terrorists, but it has managed to root out a conspiracy of gropers (maybe sub-conspiracy is a better term) within its own ranks, according to this report. After another employee reported that a screener at Denver... Continue reading
Posted Apr 15, 2015 at Lowering the Bar
Hey, your taxes are due this week—or are they? Yes, they are, that was a figure of speech and not a suggestion that you should treat federal taxes as optional. That is one of the many arguments you should not... Continue reading
Posted Apr 13, 2015 at Lowering the Bar
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... you may wish to consider the following information in re: your salary. You won't be surprised to learn that Edmundson is a "city" in St. Louis County, about a ten-minute drive from Ferguson (might take a lot longer, of... Continue reading
Posted Apr 10, 2015 at Lowering the Bar
Here's an update on the case of the two Florida men who posted a video of themselves cavorting with a Great Horned Owl, which turns out to be a protected species. See "Men Filmed Chillin' With a Owl Were Violatin'... Continue reading
Posted Apr 8, 2015 at Lowering the Bar
The lesson of this Iowa case is: if one has agreed to build a pond, one has thereby warranted that the pond will actually hold water. In an opinion that I have not read but with which I disagree, the... Continue reading
Posted Apr 6, 2015 at Lowering the Bar
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If you are thinking, well, why do I even have slaves if I can't force them to help me get into the Guinness Book of World Records, you are missing the point entirely and are also an extremely bad human... Continue reading
Posted Apr 6, 2015 at Lowering the Bar
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"We chillin' with a owl right now, we vibin'." So quoth Johnny Duverson of West Palm Beach, who along with his friend Stervenson [confirmed: Stervenson] Benjamin could be seen doing just that in a video that the two men posted... Continue reading
Posted Apr 3, 2015 at Lowering the Bar
Two or three pieces of good news here. First, the Texas bill that would have made it illegal for you to film a cop beating you (see "Texas Bill Would Make It Illegal for You to Film a Cop Beating... Continue reading
Posted Apr 2, 2015 at Lowering the Bar
At least three people sent this to me with a message along the lines of "I saw this and immediately thought of you." I guess I shouldn't be pleased that I come to mind when people attack each other for... Continue reading
Posted Apr 2, 2015 at Lowering the Bar
Here are some words & phrases that you really don't want a judge to apply to anything you file: sprawling behemoth surplusage larded with brims with masquerading as voluminous breathtaking madness chokes the docket intended to overwhelm labyrinthian prolixity of... Continue reading
Posted Mar 31, 2015 at Lowering the Bar
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Although it is surprisingly difficult to find solid news reporting out of Zambia, several different sources including AFP have reported that the country's Director of Public Prosecutions decided recently to drop nine corruption charges pending against a highly placed official,... Continue reading
Posted Mar 30, 2015 at Lowering the Bar
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My previous post on this mystery is already pretty long, so I'm doing this update separately. To start with, here's the evidence to the extent I can glean it from the redacted OIG report, which, if you've forgotten, reported that... Continue reading
Posted Mar 27, 2015 at Lowering the Bar
Section 38.15 of the Texas Penal Code makes it an offense to interrupt, disrupt, impede, or otherwise interfere with "public duties," including those being exercised by a police officer. That's the law pretty much everywhere, of course, but the question... Continue reading
Posted Mar 26, 2015 at Lowering the Bar
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Interesting, but not successful: In this case the "extra passenger" is—in the unlikely event you don't recognize him—a cardboard cutout of The Most Interesting Man in the World, the spokesman for Dos Equis Beer. The driver was busted in the... Continue reading
Posted Mar 26, 2015 at Lowering the Bar
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I was pleased to see that far more respectable personage Prof. Eugene Volokh also noticed and commented yesterday on Justice Kagan's use of "way" as an adverb in the Omnicare case. (I mentioned it at the end of this post.)... Continue reading
Posted Mar 25, 2015 at Lowering the Bar
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Here's a more interesting decision by the Supreme Court, although maybe "decision" is the wrong word. The question is: if your client insists on filing something that is complete gibberish, do you have to agree, or do you have an... Continue reading
Posted Mar 24, 2015 at Lowering the Bar
It seems to me that the lawyer's duty here was to take a stand with the client and say "look, we can't file this." The client would either have backed down or fired them, and if there was really going to be prejudice from that, as the response argued, then the client would probably have backed down. If there wouldn't be prejudice, then he could go file it himself. Easier said than done, I understand, but it's not like this was Foley's only client. This violated not only Rule 14.3 but just the basic duty of competence, didn't it?