Monday, October 17, 2011

U.S. v. Urena (9th Cir. - Oct. 13, 2011)

File this under "Things You'd Think We're Obvious And Yet Apparently Need The Ninth Circuit For":

"Urena’s being called a 'bitch' in prison, though it might create risk in that harsh environment did not give Urena warrant to attack Dennis with a prison-made knife. Urena’s being called a bitch in prison did not justify a surprise, pre-emptive attack using deadly force; indeed it would not have justified an assault using much less force."

To put it differently, the defendant -- represented by a lawyer, no less -- was wrong when he claimed that he “had to attack . . . so that no one would think he really was a bitch.”

Shocking, I know.