Doesn’t Matter Who Wins the K Race; We’re All the Same

[Tyrone Slothrop]

Originally Posted by Adder

If it's only the side-by-side I saw, it's like one sentence between two quotes from cases. If that's all there is, I would respectfully suggest that Judge Sullivan over-reacted.

Here's what Sullivan's decision said:

The Court notes that Mr. Flynn’s brief in support of his first Brady motion lifted verbatim portions from a source without attribution. Compare Def.’s Br., ECF No. 109 at 11-12, 15-16, 15 n.21, with Brief of the New York Council of Defense Lawyers et al. as Amici Curiae Supporting Petitioner, Brown v. United States, 566 U.S. 970 (2012) (No. 11-783), 2012 WL 242906 at *5-6, *8, *12-13, *12 n.6. In a footnote, Mr. Flynn’s brief merely provides a hyperlink to the “excellent briefing by Amicus [sic] in support of the Petition for Writ of Certiorari in Brown v. United States.” Def.’s Br., ECF No. 109 at 16 n.22.

Hard to tell how much text was lifted, but it sounds like much more than a single sentence. FWIW.