Wednesday, December 16, 2009

Seriously, a Turkish Prison.

This sentence comprises Footnote One of a piece of legal prose that is totally worth a read!

Judge Boyce F. Martin, Jr., dissents from a denial of rehearing in Parlak v. Holder, No. 05–4488 (6th Cir. Nov. 24, 2009). This published order and dissent in an immigration case do not bear much on federal criminal law, but take a break and check it out.

Judge Martin does not agree with the way Mr. Parlak’s case was handled and would have granted rehearing en banc. Key excerpts:
* "[T]he government relied heavily upon evidence that no one genuinely disagrees was obtained by torture twenty-one years ago in a Turkish prison."
* The opinion issued in the lower tribunal "did little more than cut and paste from the government’s briefs, typographical errors and torture-induced admissions included."
* "I would describe it [the analysis used] as grossly over-inclusive and as having sprung, unwanted and uncontrollable, from the collective mind of the Board like Athena from the head of Zeus, except without Athena’s wisdom and elegance."
* "[W]e will not be accomplices in the government’s unprincipled slamming of doors on those ‘tempest-tost’ who, like Mr. Parlak, seek nothing more than to ‘breathe free.’"

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