Thursday, September 24, 2015

"Ad hominem attacks, irrespective of how effective they may be, cannot obfuscate the requirement that the government must prove its case beyond a reasonable doubt. While this Court, and even John Adams, might have concurred with the government’s characterization of McLean, in order to obtain a conviction the government must present evidence as to each element of an offense—and that is precisely what it failed to do here."

That was visiting district judge Harvey Schlesinger for a unanimous 11th Circuit, affirming the judgment of acquittal for David McLean in this interesting opinion.

1 comment:

  1. Anonymous4:01 PM

    ad hominem -- do do dododo - ad hominem - do do do do - ad hominem -
    do do dodo dodo dodo do do do do dodo do!

    ReplyDelete