In keeping with last week's theme regarding outrageous motions, I had to repost this classic motion from Montana in 2006.
Attorney Kirk Krutilla represented a criminal defendant who had stabbed another man to death. He was asserting self-defense. He claimed that the decedent was actually the aggressor who was beating up the much smaller defendant. In order to defend himself, the defendant pulled out a knife and killed the larger man.
Attorney Krutilla interpreted the State's prosecution of his client as an endorsement of decedent's bullying of a smaller and weaker person. So, he filed a motion seeking to give the prosecution team a chance to enforce their principles, i.e. "the brutal humiliation and beating up of weaker human beings."
He requested a court order allowing a fist fight between himself and his co-counsel against the two prosecuting attorneys.
The prosecution's response was perfect. They argued that they "could acquit themselves respectably if it were necessary to settle any part of this matter by means of a physical contest," but, nonetheless, they respectfully requested that the motion be denied. Here is the motion.
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