dicta \ 'dik-te \ n. [L. fr. neut. of dictus, ptp. of dicere] (1599) 1: a noteworthy statement: as a: a formal pronouncement of a principle, proposition, or opinion b: an observation intended or regarded as authoritative 2: a judicial opinion on a point other than the precise issue involved in determining a case 3: a legendary coach of the Chicago Bears football team from 1982-1992. 
"Gunshot victim sues to get back prosthetic leg."
(Actually an even more hilarious version of this headline belongs to How Appealing who quipped: "All your prosthetic leg are belong to us.")
According the Scottsbluff (Nebraska) Star-Herald, Val McCabe has a real suckass week. First he got shot. Five times. Including once in his ass. And his prosthetic leg was taken away from him. By the police (they claim it is evidence since one of the bullets hit it).
And he had to file a lawsuit to get the damn thing back. He can't use crutches because he had to have surgery on his hand (his doctors are afraid his stitches would rip and he would bleed to death). And his home is not wheel-chair accessible. Thus he was stuck in the hospital waiting for a judge to grant...wait for it...a writ of habeas corpus.
This type of prosecutorial misconduct can perhaps best be described by the legal term verpus facina, which translated from Latin means a dick move. Fortunately, Box Butte County District Judge Brian Silverman ordered the leg to be returned within the hour.
"Box Butte County Attorney Kathleen Hutchinson declined to comment on the case." No s^%$!
I've said once, and I will say it again. I have neither the time nor the energy to make crap like this up.
Thursday, September 04, 2008
Headline of the day
2 comments:
If the leg was seized as evidence pursuant to the criminal investigation and if an arrest was made, the defendant has the constitutional right to require the police keep the evidence so that he may inspect and challenge the evidence at trial. How is that a 'dick move'? The cops did the right thing - seize evidence. The prosecutor is not the one with the authority to release the leg b/c it's up to the defendant to acquiesce since these are his constitutional rights that are being impacted.
The defendant is the dick here, not the prosecutor, not the cops. The victim got royally screwed over but only by the defendant.
The bullet is the evidence, not the leg. Under operator101's concept, the police can seize my torso if I'm shot in the stomach. Now THAT would be a REALLY BIG "dick move."
Keith G. in P.V.
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