June 13, 2013
— Ace A lonely sentinel.
I join Justice LanzingerÂ’s well-reasoned dissent, but write separately to highlight the General AssemblyÂ’s failure in legislative drafting exemplified by former R.C. 2929.14(D)(3), which the majority opinion relegates to a footnote to fully accommodate its 24 lines of unrelenting abstruseness consisting, remarkably, of the sum total of 307 words and a mere one period, a punctuation mark set out as a lone sentinel facing odds similar to that of the Spartans at the Battle of Thermopylae, a battle that occurred over the course of three days during the second Persian invasion of Greece, and is estimated by historians to have occurred in either August or September, or perhaps both, in 480 B.C., pitting an alliance of Greek city-states, led by King Leonidas of Sparta, against the Persian Empire of Xerxes I, bravely standing before the onslaught of invaders but ultimately unable to stanch the unrelenting tide of the overpowering hordes of words and statutory numbers including R.C. 2903.01, 2907.02, 2903.02, 2925.04, 2925.11, 2925.02, 2925.06, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, 4729.61, 3719.172, 4729.51, 4729.54, 2941.1410, 2929.20, without so much as a helping hand from a single, solitary semicolon, colon, or parenthesis, other than the parentheses surrounding the capital letters denoting the divisions of statutory sections that are sprinkled throughout the statute, a statute that purports to inform the citizenry of the potential penalty for certain enumerated criminal acts, but by cramming so many words about sentencing into one sentence, sentences itself to uselessness, especially in the case of an offender involved in a pattern of corrupt activity, regarding which R.C. 2929.14(D)(3) surprisingly is completely without specificity, in that it fails to cite a statutory section outlining what constitutes corrupt activity when it otherwise lists specific statutory sections relating to all the other offenses to which it applies, a statutory circumstance up with which we should not put.
Posted by: Ace at
08:23 AM
| Comments (79)
Post contains 322 words, total size 2 kb.
Posted by: joncelli at June 13, 2013 08:25 AM (RD7QR)
Posted by: chique d'afrique (the artist formerly known as african chick) at June 13, 2013 08:27 AM (r+7wo)
Posted by: chique d'afrique (the artist formerly known as african chick) at June 13, 2013 08:28 AM (r+7wo)
"If GOP passes Amnesty, there will never be another Republican POTUS, and we lose the House in 2014"
Posted by: Jackj at June 13, 2013 08:28 AM (4WesI)
Posted by: AmishDude at June 13, 2013 08:29 AM (T0NGe)
Posted by: Comrade Arthur at June 13, 2013 08:29 AM (5YUSx)
"If GOP passes Amnesty, there will never be another Republican POTUS, and we lose the House in 2014"
She finally got something correct.
Posted by: FUBAR at June 13, 2013 08:29 AM (Cs2tJ)
Posted by: Warden at June 13, 2013 08:30 AM (0DlnM)
What will be the end result of the self-imposed, de facto segregation across the Country? I think I know the answer but ........
Posted by: Fourth Virginia at June 13, 2013 08:31 AM (wbmaj)
"Attributing disasters, including... bad weather and famine, to human misconduct" (sex, gambling, dancing etc)
Posted by: Deep BullShit at June 13, 2013 08:32 AM (e8kgV)
Posted by: Fourth Virginia at June 13, 2013 12:31 PM (wbmaj)
You rang?
Posted by: Federal Leviathan at June 13, 2013 08:32 AM (Kkt/i)
Posted by: thunderb at June 13, 2013 08:33 AM (3pciR)
Posted by: mikeyboss at June 13, 2013 08:33 AM (nz7x+)
"Attributing disasters, including... bad weather and famine, to human misconduct" (sex, gambling, dancing etc)
------------------------------------
"climate change"
Posted by: Warden at June 13, 2013 08:33 AM (0DlnM)
Posted by: SpongeBob Saget wants to be a reaver at June 13, 2013 08:33 AM (epxV4)
Posted by: goddessoftheclassroom at June 13, 2013 08:34 AM (s7vAD)
Posted by: Waldo at June 13, 2013 08:34 AM (RZwdH)
A witty rejoinder to be sure, but I'm not sure what statue the Judge is looking at. I, for one, DO see commas in the full text of (former) R.C. 2929.14(D)(3).
Except when an offender commits a violation of section 2903.01 or 2907.02 of the Revised Code and the penalty imposed for the violation is life imprisonment or commits a violation of section 2903.02 of the Revised Code, if the offender commits a violation of section 2925.03 or 2925.11 of the Revised Code and that section classifies the offender as a major drug offender , if the offender commits a felony violation of section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of section 3719.172, division (C) of section 4729.51, or division (J) of section 4729.54 of the Revised Code that includes the sale, offer to sell, or possession of a schedule I or II controlled substance, with the exception of marihuana, and the court imposing sentence upon the offender finds that the offender is guilty of a specification of the type described in section 2941.1410 of the Revised Code charging that the offender is a major drug offender, if the court imposing sentence upon an offender for a felony finds that the offender is guilty of corrupt activity with the most serious offense in the pattern of corrupt activity being a felony of the first degree, or if the offender is guilty of an attempted violation of section 2907.02 of the Revised Code and, had the offender completed the violation of section 2907.02 of the Revised Code that was attempted, the offender would have been subject to a sentence of life imprisonment or life imprisonment without parole for the violation of section 2907.02 of the Revised Code, the court shall impose upon the offender for the felony violation a mandatory prison term of the maximum prison term prescribed for a felony of the first degree that, subject to divisions (C) to (I) of section 2967.19 of the Revised Code, cannot be reduced pursuant to section 2929.20, section 2967.19, or any other provision of Chapter 2967. or 5120. of the Revised Code.
It's impossible to read legal jargon even WITH the commas, but the commas ARE there. Am I misreading his deliberately impenetrable dissent?
Posted by: MWR, Proud Tea(rrorist) Party Assault Hobbit [/s][/b][/u][/i] at June 13, 2013 08:34 AM (4df7R)
Posted by: AmishDude at June 13, 2013 08:35 AM (T0NGe)
Ew! Ew! Ew!
Posted by: Waldo at June 13, 2013 12:34 PM (RZwdH)
Brought to you by the nation that leads the world in WTF.
Posted by: assault flounder at June 13, 2013 08:35 AM (Kkt/i)
Posted by: AmishDude at June 13, 2013 08:36 AM (T0NGe)
Posted by: Jones in CO at June 13, 2013 08:36 AM (8sCoq)
Posted by: thunderb at June 13, 2013 08:38 AM (zBkzs)
Posted by: Country Singer at June 13, 2013 08:38 AM (L8r/r)
WASHINGTON — The State Department has hired an alarming number of law-enforcement agents with criminal or checkered backgrounds because of a flawed hiring process, a stunning memo obtained by The Post reveals.
The background problems are severe enough that many of the roughly 2,000 agents in StateÂ’s Bureau of Diplomatic Security can play only limited roles in agency efforts to police bad conduct and prosecute wrongdoers.
... damned if you do, damned if you don't
Posted by: SMOD at June 13, 2013 08:39 AM (e8kgV)
Posted by: Comrade Arthur at June 13, 2013 12:29 PM (5YUSx)
See me.
Posted by: Arthur's grammar teacher. at June 13, 2013 08:39 AM (WW8xK)
@instapundit ANDREW MALCOLM: Obama, campaigning again, blames D.C. mess on pols campaigning too much
Posted by: weft cut-loop [/i] [/b] at June 13, 2013 08:39 AM (SX6wc)
AmishDude: Indeed they have.
And ah, I see that he does NOT mention commas. He mentions colons, semicolons and parentheses, but not commas. And in that he is correct. Holy crap, reading that statute was as bad as reading the pages upon pages of unending binomial nomeclature in "20,000 Leagues Under the Sea."
Posted by: MWR, Proud Tea(rrorist) Party Assault Hobbit [/s][/b][/u][/i] at June 13, 2013 08:40 AM (4df7R)
Never before has a statue been so demolished so resoundingly.
Posted by: Anna Puma (+SmuD) at June 13, 2013 08:40 AM (brJMf)
Posted by: Mr Pink at June 13, 2013 08:40 AM (pC/3M)
40 -
Seriously?
It's like the guy is in his underwear and socks, with his feet up. Burping and farting. He doesn't care anymore, he's in relax mode, and no longer feels the need to hide anything he's doing.
Posted by: BurtTC at June 13, 2013 08:41 AM (TOk1P)
Posted by: Deety at June 13, 2013 08:41 AM (Y4Lwq)
Posted by: eleven at June 13, 2013 08:42 AM (KXm42)
Posted by: alexthechick - SMOD. Mmmm. Blondies with whipped cream. at June 13, 2013 08:42 AM (VtjlW)
Posted by: alexthechick - SMOD. Mmmm. Blondies with whipped cream. at June 13, 2013 08:42 AM (VtjlW)
Posted by: "Churchill" at June 13, 2013 08:42 AM (Hfjmb)
Posted by: AllenG (Dedicated Tenther) at June 13, 2013 08:42 AM (/PCJa)
Posted by: AllenG (Dedicated Tenther) at June 13, 2013 08:43 AM (/PCJa)
Posted by: AllenG (Dedicated Tenther) at June 13, 2013 08:43 AM (/PCJa)
Posted by: zsasz at June 13, 2013 08:43 AM (MMC8r)
Posted by: blaster at June 13, 2013 08:44 AM (W6bkf)
Posted by: eleven at June 13, 2013 08:44 AM (KXm42)
Posted by: blaster at June 13, 2013 08:45 AM (W6bkf)
Posted by: AllenG (Dedicated Tenther) at June 13, 2013 08:45 AM (/PCJa)
Posted by: thunderb at June 13, 2013 08:47 AM (zBkzs)
Posted by: t-bird at June 13, 2013 08:47 AM (FcR7P)
Posted by: eleven at June 13, 2013 08:48 AM (KXm42)
Posted by: AllenG (Dedicated Tenther) at June 13, 2013 08:48 AM (/PCJa)
Good thing we have judges focused on the important stuff.
Posted by: blaster at June 13, 2013 12:44 PM (W6bkf)
The judge's point is actually very valid. In criticizing the obtuse wordiness of the statute,
a statute that purports to inform the citizenry of the potential penalty for certain enumerated criminal acts, but by cramming so many words about sentencing into one sentence, sentences itself to uselessness, especially in the case of an offender involved in a pattern of corrupt activity, regarding which R.C. 2929.14(D)(3) surprisingly is completely without specificity, in that it fails to cite a statutory section outlining what constitutes corrupt activity when it otherwise lists specific statutory sections relating to all the other offenses to which it applies, a statutory circumstance up with which we should not put.
In other words, "I'm dissenting because the statute y'all claim proves the point in fact does NOT prove the point, but no one has caught this before because the statute is an impenetrable wall of words."
Posted by: MWR, Proud Tea(rrorist) Party Assault Hobbit [/s][/b][/u][/i] at June 13, 2013 08:49 AM (4df7R)
Posted by: alexthechick - SMOD. Mmmm. Blondies with whipped cream. at June 13, 2013 08:49 AM (VtjlW)
Posted by: Deety at June 13, 2013 08:49 AM (Y4Lwq)
Posted by: AllenG (Dedicated Tenther) at June 13, 2013 12:45 PM (/PCJa)
OMG yes. And I was reading it during Quiet Reading Time in my eighth grade english class, during which my desk was DIRECTLY in front of the teacher's desk. It was hell trying to keep my eyes open.
Posted by: MWR, Proud Tea(rrorist) Party Assault Hobbit [/s][/b][/u][/i] at June 13, 2013 08:51 AM (4df7R)
"Michelle Bachmann.
"If GOP passes Amnesty, there will never be another Republican POTUS, and we lose the House in 2014""
Michelle Bachmann is now history and she should be ignored.
Everybody stop panicking and get a grip. Now is the time to use the scandals to our advantage, make a bigger push at the IRS. Every town and a local community Tea Party should send in an application to the IRS and make a lot of noise about any response but a speedy approval.
IRS is the skaky stone in the whole edifice, the least sympathetic of government agencies and this should be exploited. The most proof of their misconduct is connected to the IRS and it should be highlighted at every opportunity. Time to go for the jugular and keep the outrage alive until November 2014.
Posted by: Decaf at June 13, 2013 08:54 AM (AAOE/)
Posted by: Anna Puma (+SmuD) at June 13, 2013 08:55 AM (brJMf)
Your Honor, what you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.
Posted by: RUReadingthis at June 13, 2013 08:55 AM (V92KK)
Michelle Bachmann.
"If GOP passes Amnesty, there will never be another Republican POTUS, and we lose the House in 2014"
------
There is a couple of right-ish pundits and bloggers who are insisting the opposite, that there is this silent clamor for amnesty among Republican voters, and failure to come on board the amnesty train will doom the party in 2014. (Much like the silent clamor from GOP voters for gun control that is going to doom the Pubs in 2014.) And they get very angry if you question their logic.
Posted by: Damn Sockpuppet at June 13, 2013 08:56 AM (YmPwQ)
75 -
That's the really cool thing about silent clamor. Like falsified data about global warming, you don't have to prove anything to anyone, just declare the science settled, and label the dissenters as heretics.
Posted by: BurtTC at June 13, 2013 08:59 AM (TOk1P)
Posted by: AmishDude at June 13, 2013 08:59 AM (T0NGe)
Posted by: Deety at June 13, 2013 09:02 AM (Y4Lwq)
Posted by: AmishDude at June 13, 2013 09:03 AM (T0NGe)
Posted by: Brother Cavil, CEO, Hodorburton at June 13, 2013 09:24 AM (zUi7I)
Posted by: AE at June 13, 2013 09:31 AM (NxeQR)
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Posted by: Fourth Virginia at June 13, 2013 08:24 AM (wbmaj)