Judge complains about smelly appeals documents; can the culprit be sniffed out?
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An Indiana appeals judge smells something amiss in an appeal of a prostitution conviction.
In footnote 1 in a Sept. 30 opinion (PDF), Judge Edward Najam Jr. has a complaint about the transcript: It “emits an unpleasant odor” of smoke. The Indiana Law Blog noted the footnote and the Indianapolis Star picked up the story.
Najam’s full footnote reads: “We note, as we have in a prior memorandum decision, that the transcript in this case emits an unpleasant odor consistent with that of cigarette or pipe smoke that is apparent, offensive and consistent. We kindly remind all those who handle the record on appeal to avoid such contamination.”
Najam made the same observation in a July 2012 opinion, spurring the Indianapolis Star to do some sleuthing. Both cases were handled by the same deputy attorney general, the Star notes.
Attorney general spokesman Bryan Corbin told the Star that files in an appeal are handled by many individuals and offices, and he can’t speculate how they became smelly. The Attorney General’s office is in a smoke-free building.
Corbin adds that the appeals court upheld convictions in both cases.
Hat tip to How Appealing.
