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3rd DCA ROUNDUP

By "Captain Liberty" and "Rumpole"

Our mostly weekly (and weakly) roundup of the opinions that matter most. (yawn).Corley v. State: En Banc opinion on obscure area of sex bat victim injury points under 1991-1992 guidelines: "Acknowledging our fallibility, we today recede from this holding in Arroliga and belatedly join every other district court of appeal in the state which, for Category 2 Sexual Offenses committed during the time period in question in this case, see infra n.2, has required evidence of actual physical injury to assess victim injury points. "Rumpole says: "Acknowledging out fallibility?????!!!!!!"Who's going to be the first Appellate lawyer with the cojones to use that language in a motion for re-hearing? Slow week at the 3rd. Can anyone get anything done in this heat? Judge Brown should show some initiative and shut court down for August except for arraignments...continue to full post

Full post as published by Justice Building Blog on July 16, 2009 (boomark / email).