The Appeal

Alex Kozinski, U.S. Court of Appeals for the Ninth Circuit
Alexander Volokh, U.S. Court of Appeals for the Ninth Circuit

Abstract

The late Josef K., a thirty-something male, claims that “someone must have slandered [him], for one morning, without having done anything truly wrong, he was arrested.” T.R. 3.

The procedural history of this case is complicated and patchy, but what is clear is that, after being rude to his arresting officers, appellant came late to his initial interrogation and disrupted the proceedings. He refused to attend further interrogations, submitted no evidence or brief in his defense and repeatedly accused judicial authorities of corruption and incompetence.

He was apparently convicted, though the conviction does not appear in the record. On the eve of his thirty-first birthday, K. was taken to a quarry by two guards and executed. “With failing sight K. saw how the men drew near his face, leaning cheek-to-cheek to observe the verdict. ‘Like a dog!’ he said; it seemed as though the shame was to outlive him.” T.R. 231. As it has.

K. appeals, alleging unlawful arrest, inadequate notice, due process violations, systemic corruption, ineffective assistance of counsel and actual innocence. We affirm. See, e.g., State v. Samsa, 1991 Ohio App. LEXIS 2483, at *1 (May 29, 1991) (“We affirm.”).