ToaKraka
Dislikes you
User ID: 108
ToaKraka
Dislikes you
4hr ago
Item 0 of 7
Jarvis, I'm low on karma. After a six-month lapse, I can't resist resuming the posting of interesting and funny court opinions.
All opinions will also be posted on this external page. Opinions likely to trigger whining will be posted only on the external page. (Maybe I'll finally stop being too lazy to update my website's RSS feed.)
Item 1 of 7
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A prison guard is accused of smuggling a can of chewing tobacco into the prison. However, the prosecutor charges him under the wrong law! Title 61 section 5902(d) bans the smuggling of tobacco—but instead the officer is charged with violating title 18 section 5123(c) and title 61 section 5902(a), which ban the smuggling of poison.
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The prosecutor attempts to save the situation by bringing in a toxicology expert to argue that a can of chewing tobacco counts as poison, since it technically contains enough nicotine to kill a human if the nicotine is extracted from the tobacco and injected into the human. But the trial judge is unpersuaded and dismisses the case, since (1) there is no evidence that the inmate for whom the guard was smuggling the tobacco had any plans to extract the nicotine and use it as a poison, and (2) this line of reasoning would lead to absurd results like criminalizing the delivery of toothpaste and water. The appeals panel affirms.
Item 2 of 7
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In year 1993, a company (1) buys a lot in order to build a Dunkin Donuts restaurant on it, and (2) leases a 30-year easement over a 20-foot strip of a second, adjacent lot in order to build a drivethrough.
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In year 2023, the easement expires. The company sues the owner of the adjacent lot to extend the easement. Its arguments: (1) The actual intended duration of the easement is, not 30 years, but however long a Dunkin Donuts restaurant exists on the first lot. (2) If the easement is not extended, then the company will experience a hardship from having to tear out a chunk of its restaurant to make room for a drivethrough on its own property. The owner of the adjacent lot countersues for trespass, since the drivethrough still is operating even though the lease has expired.
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The trial judge finds the company's arguments unpersuasive, rejects its attempts to extend the easement, and grants trespass damages of 1 k$/mo to the owner of the adjacent lot. (1) The easement says "30 years". If you wanted to make it "for as long as a Dunkin Donuts restaurant is present", you could have done that—but you didn't. (2) This is a hardship of your own creation. The appeals panel affirms.
Item 3 of 7
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A person's house is assessed at "market value" of 194 k$. The county govt. seizes it over 2 k$ of unpaid property taxes, sells it at auction for 76 k$, and returns the excess 74 k$ to the person. The person sues the county, claiming that he should have gotten 192 k$ (assessed value minus tax delinquency) rather than 74 k$ (auction proceeds minus tax delinquency).
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The trial judge, the appeals panel, and the federal Supreme Court reject this argument. If the auction was conducted in a fair manner, then by definition it revealed the true "market value", and using the speculative assessor valuation instead would be unreasonable. However, the Supreme Court remands for the appeals panel to check whether the auction actually was conducted in a fair manner, especially since the company that bought the property at auction sold it again for 195 k$ just a year and a half later.
Item 4 of 7
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In year 1995, by constitutional amendment, New Jersey creates the "Council on Local Mandates", a pseudo-court empowered to strike down any unfunded mandate imposed by the state govt. on local govts.
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In year 2014, the state govt. enacts a law (1) requiring municipal govts. to equip their police cars with dash cameras and (2) adding to each drunk-driving conviction a 25-dollar surcharge allocated to pay for the cameras. A municipal govt. challenges this law before the Council on Local Mandates, alleging that it is an unfunded mandate, since the 25-dollar surcharge suffices to pay for only six percent of the cost of the cameras. In year 2016, the Council agrees with the municipal govt. and rules that the law is unconstitutional.
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In year 2021, a class-action lawsuit alleges that municipal govts. still are collecting the 25-dollar surcharge even though the Council ruled it unconstitutional. In response, the municipal govts. argue that the Council was empowered to strike down only the unfunded mandate itself (part 1 of the law), not the inadequate funding mechanism attached to the mandate, which has purposes other than attempting to fund the unconstitutional mandate (punishing offenders and raising revenue). The trial judge agrees with this argument and rules that municipal govts. are justified in continuing to collect the 25-dollar surcharge. The appeals panel (in year 2024) and the state supreme court (in year 2026) affirm.
Item 5 of 7
[Court opinion censored due to mention of child abuse; external link]
Item 6 of 7
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A drunk woman jaywalks across a four-lane, 50-mi/h road at night. An eastbound motorist swerves around her. A westbound motorist does not notice the eastbound swerve, and hits the jaywalker, killing her.
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The jaywalker's daughter sues the motorist for wrongful death. She hires an expert (a "traffic-accident reconstructionist") who claims that, if the motorist had noticed the eastbound swerve, then he would have had time to notice and avoid the jaywalker.
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The trial judge dismisses the lawsuit, and the appeals panel affirms. The expert's report is not sufficient to support liability. He did not say that the motorist should have seen the eastbound swerve and slowed down out of caution (so he was negligent in failing to see it), or that his headlights should have allowed him to see and avoid the jaywalker (so he was negligent in failing to see her). Rather, the expert based his conclusion on a hypothetical situation ("if the motorist had noticed the eastbound swerve") that the motorist explicitly denied in his unchallenged testimony (he didn't notice any swerving cars). Therefore, there is no reason to think that the motorist was negligent. "Plaintiff failed to present any competent evidence that defendant could have, would have, or should have seen the swerve."
Item 7 of 7
[Court opinion censored due to mention of child abuse; external link]
ToaKraka
Dislikes you
10hr ago
IMO, there are 2.5 possible interpretations of what he said:
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He asked the scientists whether they were going to test injecting disinfectant as a treatment (and implicitly suggested that they do so); or
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He described how the scientists already were planning to test injecting disinfectant as a treatment.
IMO, that makes the BBC headline of "Outcry after Trump suggests injecting disinfectant as treatment", where the suggestion implicitly is directed at laymen rather than at scientists, pretty close to "total fabrication".
(The second "IMO" is intentional, since there are two separate opinions here, the second contingent on the first. Wasn't there some arguing on this website a zillion years ago regarding how much a person should clarify that he is merely stating his opinion, rather than "building consensus" by pretending that his opinion is just a fact?)
ToaKraka
Dislikes you
2d ago
Fun analogy:
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Harming another person: Battery
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Touching another person in a threatening manner: Assault
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Touching another person in a nonthreatening but offensive manner: Harassment
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Touching another person in a nonthreatening but offensive manner in a place where such touching is effectively unavoidable (e. g., in a crowded subway car): No crime(?)
ToaKraka
Dislikes you
2d ago
we should not be scratching
He specifically said that he touched the other car without scratching it.
ToaKraka
Dislikes you
3d ago
ToaKraka
Dislikes you
4d ago
I didn't put too much thought into the specific material. My cursory opinion was based largely on this Home Depot webpage:
Vinyl flooring is extremely durable and cost-effective. It’s made from plastic, usually consisting of acrylic, PVC and similar polymers. It's a budget-friendly option for homeowners who want luxurious style and commercial-grade durability. Vinyl flooring is available in planks, sheets or tiles. Since it is scratch- and stain-resistant and waterproof, vinyl flooring is both functional and stylish.
Accordingly, my email to the contractor on this topic included the following passage:
To memorialize what was discussed [on the telephone]:
- Finishes are low-end—e. g., vinyl flooring, vinyl siding, and MDF(?) cabinets
On that basis, the contractor picked "vinyl composition tile".
I see that the manufacturer's maintenance instructions mention "floor polish" and "floor cleaner", which I certainly have no plans to use. And this other webpage says:
[VCT] was the first widely popular form of vinyl flooring, but it is now much less popular than sheet vinyl or luxury vinyl. VCT generally requires surface polishing to protect its porous surface, and thus it is not as low-maintenance as sheet vinyl, which requires only routine sweeping and mopping.
The prevalence of many seams between tiles means this floor will not be as moisture-resistant as sheet vinyl. Water seeping through the seams can cause the base layer to loosen. High maintenance costs can cause the lifetime cost of a VCT installation to exceed that of other forms of vinyl flooring.
So this may have been a mistake on my part. Time will tell.
ToaKraka
Dislikes you
5d ago
In Markdown, you have to add two space characters at the end of a line in order to create a line break.
ToaKraka
Dislikes you
5d ago
I have started yet another playthrough of Dark Souls 2. The impetus for this playthrough is stumbling across two mildly entertaining videos, one for the Heide Spear (my favorite weapon) and one for the Blue Knight's Halberd. I probably will just use spears again, but I may try out halberds.
I guess Dark Souls 2 officially should be counted as my favorite video game. I'm reluctant to say so, since even in the same genre Nioh obviously has cooler combat mechanics. But Nioh isn't very relaxing. In contrast, farming enemies in Heide's Tower of Flame, and wandering through other areas, are quite relaxing to do.
ToaKraka
Dislikes you
6d ago
Are there any novels with economics appendices?
ACKS (the Adventurer Conqueror King System) has a 12-page economics appendix, but it's a tabletop RPG, not a novel.
ToaKraka
Dislikes you
6d ago
The city closest to the construction site is Scranton–Wilkes-Barre, Pennsylvania.
It's not like a diplomat (or his child) can commit a homicide and the US will just ignore it and not prosecute.
A law-review article provides several counterexamples.
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1987: A Papua New Guinea diplomat, driving drunk, crashes into several parked cars, injuring one person severely and another minorly.
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1984: Libyans shoot at a protest in front of their embassy in Britain, killing a police officer and injuring 11 other people.
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1984: British customs officials discover a crate that contains Israeli mercenaries and a Nigerian emigré whom the mercenaries have kidnapped and are trying to smuggle out, accompanied by a Nigerian diplomat.
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1981: Strong evidence indicates that the son of a Ghanaian diplomat has raped several women in the USA.
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1982: The son of a Brazilian diplomat shoots a bouncer in the USA.
None of these incidents resulted in prosecution of the person covered by diplomatic immunity.
ToaKraka
Dislikes you
6d ago
Ugly custom house update
| Date | Invoice | Payment (k$) | (% of contract price) |
|---|---|---|---|
| 2025-03-05 | Design commitment | 2 | — |
| 2025-07-24 | Contract signing | 22 | 10 |
| 2026-03-02 | Commencement of work | 33 | 15 |
| 2026-03-18 | Completion of groundwork and foundation | 33 | 15 |
| 2026-04-01 | Completion of framing, roofing, windows, and doors | 44 | 20 |
| 2026-04-08 | Completion of rough plumbing, electrical, and HVAC | 44 | 20 |
| 2026-04-24 | Change order for replacement of torn-up govt. sidewalk | 2 | — |
| 2026-06-23 | Completion of interior finishes | 33 | 15 |
| 2026-07-06? | Final completion and walkthrough | 11 | 5 |
Photographs:
In theory, under the draft zoning code that I mentioned two weeks ago, I could add a 428-ft2, 0-bedroom ADU (accessory dwelling unit) in the backyard of the 858-ft2, two-bedroom primary house. But in practice (1) renting out a property to someone sounds like a major hassle, and (2) I don't have the money.
ToaKraka
Dislikes you
6d ago
In Markdown, you have to add two space characters at the end of a line in order to create a line break.
ToaKraka
Dislikes you
7d ago
Blueprint for building a friendship:
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Sit in your dining room with the prospective friend.
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Pick a topic. After discussing it in whatever detail seems necessary, cross it off the list and take a shot (1 2) of distilled liquor.
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Continue until one of you vomits or passes out.
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Repeat as necessary (on different days) until you judge that friendship either has been achieved or will not be achieved.
(This is a joke.)
ToaKraka
Dislikes you
8d ago
the details don't look particularly bad
In addition to the encrypted messaging group chats, Song, Arnold, Morris, and others met in person on July 3 at a "gear check" at Morris and Arnold's residence. There, Arnold asked Song whether they would be bringing guns to the July 4 action. Song replied that they would because he would not be going to jail. Song repeated words to this effect multiple times throughout the evening, putting everyone there on notice of his intent to shoot at police rather than be arrested.
(Caveat: The jury did not necessarily decide the truth of this specific paragraph, as opposed to the overall charges on which it convicted.)
ToaKraka
Dislikes you
8d ago
The number one purpose of punishment is punishment?
Sorry, I should have said "sentencing".
The issue isn't with criminal punishment as a deterrence—it's with with judicial discretion regarding deterrence.
The judge's discretion is limited by the minimums and maximums prescribed by Congress. For example, the sentence for rioting can be anything from five years to just a fine with no prison.
What's the alternative? Congress isn't interested in prescribing a zillion specific degrees of rioting that all have different, narrower sentencing ranges.
According to the final indictment and the jury verdict:
(1) "Setting off fireworks, making noise, and vandalizing stuff" still counts as "rioting" and "using and carrying an explosive to commit a felony". Eight of the nine defendants were convicted on those charges. (The ninth defendant is the one who just hid some papers.)
(2) The prosecutor is in possession of "several group chats on an encrypted messaging app" showing that four defendants definitely were explicitly planning to bring guns, even if others were not made aware of the true plan and thought that only fireworks would be used.
The members of the Core Chat [defendants Evetts, Song, Morris, and Rueda, plus two other people not charged] planned what materials to bring to the riot and attack, including firearms, medical kits, and fireworks. For example: Evetts asked the Core Chat group whether they would be "doing black bloc and rifles". Gibson [not charged] stated that they would be wearing "bloc" and keeping "kit" on hand, "bringing a wagon to hold armor and rifles". When Rueda suggested that "rifles might make the situation more hot", Song replied that rifles would be used to intimidate law enforcement, stating: "Cops are not trained or equipped for more than one rifle, so it tends to make them back off."
Song also advertised the July 4 riot on a larger chat (the "Large Chat") but left out certain details in an effort to avoid being identified as one of the organizers.…
The Large Chat included [defendants Song, Arnold, Evetts, Morris, Rueda, and Ines Soto, plus] dozens of "trusted" individuals. Song circulated a flyer for the Prarieland riot in the Large Chat, stating: "Share with trusted folks only. Do not Post. Mask up! Be loud!" Members of the Large Chat discussed the event as a "noise demonstration" involving fireworks.
The prosecutor also alleges in-person coordination among the eight main defendants (again, not including the paper pusher) prior to the riot.
In addition to the encrypted messaging group chats, Song, Arnold, Morris, and others met in person on July 3 at a "gear check" at Morris and Arnold's residence. There, Arnold asked Song whether they would be bringing guns to the July 4 action. Song replied that they would because he would not be going to jail. Song repeated words to this effect multiple times throughout the evening, putting everyone there on notice of his intent to shoot at police rather than be arrested.
[Defendants Song, Arnold, Evetts, Morris, and Rueda, plus the uncharged Gibson,] staged at Morris and Arnold's house on the evening of July 4 and carpooled to Prairieland. [Defendants] Elizabeth Soto, Ines Soto, and Batten drove together and arrived at Prairieland a little later than Song and the others.… The Antifa Cell [of at least 11 people] brought a total of 11 firearms, four of which had been purchased by Song.
ToaKraka
Dislikes you
8d ago
A moment of social weirdness pales in comparison to literal hours of figurative torture.
ToaKraka
Dislikes you
8d ago
Pokémon arguably are sapient, not bestial, as many canonically are able to talk.
ToaKraka
Dislikes you
8d ago
Letting other people drag you to events that you hate sounds like textbook loser behavior to me.
Translated to English:
This is a dumb "question", but I'm just flabbergasted in a low-key situation. I'm going to Mexico for my wife's friend's wedding. (I'm taking my small kids. It's gonna be something...) It happens to be over Mexico's first World Cup knock-out match. I don't like soccer (it's for the poors), but this falls under the "few-in-a-lifetime opportunities" category in my mind. The one guy I kind of know on the trip turned me down on going out to watch the game, because he hates crowds and sports. I've always struggled not to judge this guy as a loser (he sulks around and whines a lot), and this really doesn't help. Literally, I don't think any other person I know would turn down an invite like this. Am I being too harsh?
Am I being too harsh?
I fail to see what having no interest in crowds and sports has to do with being a loser. To such a person, a "few-in-a-lifetime" high-profile event would be more annoying, not less annoying.
(Disclaimer: There are several reasons for which I can be considered a loser, but I don't think that my lack of interest in crowds and sports is one of them.)
(Anecdote: In my freshman year of college, the university (or maybe just the engineering college—I don't recall the details) gave to every freshman a free ticket to a local baseball game and made a joking threat that everybody was required to attend it. I found it profoundly uninteresting, and left after the first inning (or maybe after the first half-inning—I don't recall the details).)
I assume that the lenient sentences are due to the offender's (1) being only barely outside the crime's four-year Romeo-and-Juliet margin and (2) pleading guilty rather than going to trial.
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