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.
0 thoughts on “Kozinski Strikes Again”
Sounds reasonable and logical. Also the idea of sending someone to jail for 3 life terms for what amounts to theft seriously crosses the line of ‘cruel and unusual’ at least in my opinion.
Speaking of decisions, do you have the name of that case we were talking about in Mexico? (The life-without-parole pile-on sentencing stuff).
Unfortunately, the habitual offender and “three strikes” statutes have been held to be Constitutional and not violative of the “cruel and unusual punishment” clause.
Remind me again of the facts of the case we were talking about in Mexico. I think I may have been inebriated at the time…
…don’t worry, ju on bacation…