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A Tale of Two Rex Harrisons

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Here is another readable opinion from Chief Judge Kozinski in an otherwise mundane criminal appeal. Liza, where the devil are my slippers?
This is a tale of two Rex Harrisons. The first is the Harrison
of Officers Jenkins and Kirby, two military police officers,
who describe a man so drunk he could barely stand straight.
A man who reeked of alcohol at a distance of six feet. Who
snarled, "I don't think I should have to give you shit" when
asked for his driver's license. A man who punched Officer
Jenkins in the face and told Officer Kirby, "I'm not afraid of
you and I'm not afraid of your fucking dog."

The second Rex Harrison is the man of his own telling.
This Harrison had only "a couple of beers with dinner." When
confronted by the officers, he humbly apologized for trespassing.
This Harrison was calm and non-confrontational; he had
the milk of human kindness by the quart in every vein. He
certainly never hit anyone.

The jury must have believed the first story because it convicted
Harrison of two counts of assaulting a federal officer.
He appeals.

Why do we have so many defendants with the names of famous people? There has been research on unusual names and subsequent criminality, so maybe someone should do some on famous names.

Anyhow, the case has to do with prosecutorial "vouching," jury instructions on obstructing an officer, and extra sentences for lying. Judge Callahan joins the opinion reversing in part. Judge Bybee dissents in part, saying he would reverse on both counts.

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