Friday, March 03, 2006

Sea Sponge Defense

Be careful when you use that spell checker for your brief! Arthur Dudley found out the hard way:

Spell-checking on his computer is never going to be the same for Santa Cruz solo practitioner Arthur Dudley.

In an opening brief to San Francisco's 1st District Court of Appeal, a search-and-replace command by Dudley inexplicably inserted the words "sea sponge" instead of the legal term "sua sponte," which is Latin for "on its own motion."

"Spell check did not have sua sponte in it," said Dudley, who, not noticing the error, shipped the brief to court.

That left the justices reading -- and probably laughing at -- such classic statements as: "An appropriate instruction limiting the judge's criminal liability in such a prosecution must be given sea sponge explaining that certain acts or omissions by themselves are not sufficient to support a conviction."

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