Goddamn, do I love reading Alex Kozinski’s opinions. The latest, exonerating a woman who was wrongly imprisoned for twelve years for allegedly writing bad checks, is genius.
Goldyn was convicted by a jury of five counts of Drawing and Passing Checks with Insufficient Funds on Deposit, in violation of Nev. Rev. Stat. 205.130. Because she had previously been convicted of three felonies and one gross misdemeanor—all fraud related—she was sentenced as a habitual criminal to five life sentences. After twelve years in prison, she was released and placed on lifetime parole. On federal habeas, Goldyn presents a simple argument: If the bank was obligated to cover them, then she can’t have written bad checks. (citations omitted)
Maybe one day I can clerk for him. A boy can dream, can’t he?
Hat Tip: Orin Kerr at the Volokh Conspiracy.