THE SLAM DUNK CASE

The Second District Court of appeal in having to overturn a jury’s conviction for abuse of the elderly ridiculed the state for not charging a robbery, which the appellate Judges called a  “Slam Dunk” of a case, had  it been charged properly. It doesn’t seem appropriate to me for appellate judges to refer to a case as a “Slam Dunk.”  Even “Slam Dunks” sometimes miss their mark.  That’s why cases are tried.  Why games are played. And as a case in point, though all of us in the Judicial System refer to verdicts as wins or losses it really isn’t a game, and shouldn’t be compared to a sport’s contest no more than a sports’ contest should be compared to  war.  And even though I’m not one of those people who gets upset or offended by unintended politically incorrect statements, and in fact doesn’t even believe in the concept of “politically correct,” I still find it in bad taste for Judges to refer to any case as a “slam dunk.” SEE Watson v. State, 37 FLW D2004(Fla. 2nd DCA 2012)

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