Here's the video dissent, after a 147 pages of en banc opinions
"This is the first video like this I've ever made." -- Judge VanDyke at 4:45 mark of a video that goes on for over 18 minutes.
He then goes on to demonstrate with a gun.
Judge Marsha Berzon takes him to task in her concurrence, calling it "wildly improper" and saying that VanDyke “appointed himself as an expert witness” in an appeal. “Although I am surprised that it is necessary to do so, I write to reemphasize that as judges, we must decide cases as they are presented to us by the parties, leaving advocacy to the attorneys and testimony to the witnesses, expert and otherwise."
7 comments:
It’s going to be tricky to cite that dissent!
Time to buy the most recent edition of the Bluebook, Robert.
Totally weird and inappropriate. The judge I mean. The blue book advice is sound.
Why is it inappropriate?
What a colorful dissent and video. It appears that he simply objects to the notion that there is any such thing as an accessory.
He has a fucking AK on his wall over his bench. This was nothing but performative....'let's go to that'. Audition for higher office or Newsmax.
Because appellate rulings are supposed to be based on the record and the law.
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