As a follow-up to my earlier post about Eugene Volokh’s post-win motion to sanitize the 9th Circuit’s opinion about his pro bono client, Crystal Cox, having “apparently” engaged in some dubious behavior, a brief post to add the latest amicus curiae submission, this one on behalf of a fellow named Martin Cain.
In attempting to excise the Court’s reference to her underlying extortionate conduct from the opinion (Petition for Rehearing), Cox apparently provoked Mr. Randazza to provide the Court with more definitive evidence as to her conduct, directed at himself and at others. In her opposition, Cox asserts that the MBRR findings presented by Mr. Randazza – as they were at the time – were merely “proposed” and thus should be disregarded. (Cox Opp. to Mot. for Leave to File Amicus Brief) Amicus hereby seeks to present this Court with the MBRR’s final Findings of Fact, Conclusions of Law, and Final Order (“Order”).
Amicus here is the actual victim referred to in the MBRR’s proposed finding of facts and conclusions of law (Randazza amicus Brief, Exhibit. B). While it is true that those were merely “proposed” findings of facts and conclusions of law, Amicus is in possession of the final Order.
The MBRR’s Order is even harsher than the proposed findings, to which Cox and her counsel objected. (Exhibit A, pages 1-3) In fact, the MBRR found that the proposed findings were too generous to Ms. Cox.
This situation bears a striking resemblance to the rookie lawyer on cross-examination who doesn’t know when to sit down. After the witness testifies that the defendant’s back was turned to him when he bit off the victim’s nose, the n00b seizes the opportunity to go one question too far.
Q: So if the defendant’s back was turned to you, how could you possibly know that he bit off the victim’s nose?
A: Because he then turned around and spit it out.
Boom. If you’re going to challenge the basis for a court’s equivocal finding, you better be pretty damned sure there isn’t far better authority lurking out there. Better still, when you get a big win, get out of the courtroom as quickly as possible and never look back.