Things not to do in an appellate oral argument
These actually happened...
The defendant prosecutor (defending a civil suit for malicious arrest) used the term "bass ackwards".
The (same) prosecutor (for Cleveland Heights, I might add) said he was not aware of the answer to the academic question of whether a voluntary dismissal by the prosecution equals a judgment in favor of the defendant in a criminal case.
On rebuttal, the plaintiff's attorney (my professor) referred to footnote 98 in his brief, in which the Ohio Supreme Court answered that very question. (Yes, it does.)
The prosecutor said he "could argue the police officer has a First Amendment right" to swear at someone in the backseat, but the prosecutor "wouldn't go down that road."
"If we're going to raise police misconduct, that could be raised in all criminal cases in this county," the prosecutor informed the panel. Good to know, really. I'm not sure that came out quite right.
Alright, I need to leave in a bit for my first class of my last semester. Toodles all!!
~mike~
The defendant prosecutor (defending a civil suit for malicious arrest) used the term "bass ackwards".
The (same) prosecutor (for Cleveland Heights, I might add) said he was not aware of the answer to the academic question of whether a voluntary dismissal by the prosecution equals a judgment in favor of the defendant in a criminal case.
On rebuttal, the plaintiff's attorney (my professor) referred to footnote 98 in his brief, in which the Ohio Supreme Court answered that very question. (Yes, it does.)
The prosecutor said he "could argue the police officer has a First Amendment right" to swear at someone in the backseat, but the prosecutor "wouldn't go down that road."
"If we're going to raise police misconduct, that could be raised in all criminal cases in this county," the prosecutor informed the panel. Good to know, really. I'm not sure that came out quite right.
Alright, I need to leave in a bit for my first class of my last semester. Toodles all!!
~mike~