Judge of the Day: Thor Anderson Doesn’t Let His Personal Feelings Interfere with the Law
District Judge Thor Anderson, a trial court judge in Minnesota, could be a Judge of the Day simply on the strength of his powerful name. His dashing picture to the right — taken a long time ago, perhaps in a galaxy far, far away — would be enough to clinch the deal.
But Judge Anderson (a.k.a. Mr. Thor) also has a creative flair when he writes opinions. Last week, the judge ruled in favor of an alleged drunk driver, by granting a pretrial discovery motion. But his unhappiness with the outcome, dictated by a Minnesota Supreme Court ruling that he believes makes no sense, will shake law libraries in Minnesota like a terrifying thunderclap.
At issue was Minnesota’s source code litigation. The Minnesota Supreme Court has ruled that drunk driving defendants are entitled to the source code from their (failed) breathalyzer tests. This would be fine, if the state actually had the source code — which it doesn’t.
Judge Anderson explains the problem like this:
Notwithstanding the state’s difficulties in obtaining the source code from the Breathalyzer’s manufacturers, the Minnesota Supreme Court believes that defendants are entitled to the information.
The thunder God becomes angered, after the jump.
This is how Judge Anderson interprets the Minnesota Supreme Court decision:
But Anderson is a dutiful judge. He will not be so impudent as to ignore a higher power.
Still, Mr. Thor has one final hammerstroke for the higher court. After a brief history lesson about the travails of Galileo, Judge Anderson closes:
Judges (and gods) occasionally must yield to the vagaries of history. But they don’t have to go quietly.
Minnesota v. Sommers [PDF]
Judge Anderson whispers: the state doesn’t have the source code [Minn Lawyer Blog]
(56) 
Comments
shitty shitty shitty first
idiotic post
HA! Now THAT was funny. Quite a nice bench slapping there, Thor.
Who gives a s**t?????
VICTORY!!!!!
Viking Quest, bitches!
Dude, this was not a well-done post. People don't know what the courts are called in Minnesota. It took a few paragraphs to figure out that this guy is a trial judge writing a reluctant opinion, (as opposed to, say, an appellate judge writing a dissent). The point is, Elie, you should provide better context. Take it as constructive criticism - I generally like you.
Separately, this judge is completely unprofessional - he ought not use the bench to undermine more senior judges.
You have to wonder though - did he intentionally write an insane opinion out of a desire to get reversed?
6, how could he get reversed? He criticized the higher court, but he appears to have followed their ruling to the letter. Also, the context was self-explanatory. It should come as no surprise that the one guy who expresses a fondness for MysTTTal can't think or write clearly.
holy shit what an awesome opinion
He's not an idiot, nor is his opinion contrary to the law. He is just frustrated that this god-for-saken source code litigation has been letting drunk drivers off the hook for quite some time and it is the Minn SC's fault.
I've seen better.
Everyone in Minnesota is an idiot.
Skadden Secure
ps: Everyone in Texas are even bigger idiots.
Me like Thor. Thor God-like.
I liked it. This might be even better than Lodi v. Lodi, 173 Cal.App.3d 628.
It's CRAZY, only because he already died. The clerks are writing his opinions, and hoping no one notices:
http://www.cemeteries-of-tx.com/Louisiana/Vernon/photo/Leesville/anderson,%20thor.jpg
Does this really fall under the category of benchslap? That term should be reserved for an appelate court's comment on a lower court or a judge's comment to a lawyer. Since this is an upward comment a new term needs to be used to distinguish it from benchslap. There is an added "oh no he didn't" aspect to this case. No one is suprised when a trial judge tells off a lawyer but a trial judge telling off the state Supreme Court ? That takes it to a new level. Please suggest a new name -- the best I can think of is a benchclap in honor of Judge Thor.
11,
Everyone in Texas *is* even bigger idiots, idiot.
Agree with 9. I hope this works but I suspect the Minn SC is beyond embarrassment.
Arrrrrrrrrgh, he arrrrrrgh a idiot.
This opinion will come back to haunt Thor Anderson when he is nominated to the US Supreme Court.
Drunks like Kennedy will block him.
Those who believe in the infallibility of the Catholic Church will block him.
Senators who want to live in Wonderland with Alice will block him too.
We’re talking bipartisan opposition here.
um...is an even bigger idiot
um...is an even bigger idiot
Is Thor still accepting clerkship applications?
Why are everyone is idiot?
Bah, this judge is just annoyed that the state f'ed up when they didn't get the source code BEFORE buying a ton of these things. The manufacturers had to have seen this coming since their equipment is providing evidence in a criminal trial.
Just is a court order to have the source code produced and stop letting drunks off the hook. It's just that simple. If there's no problem with the accuracy of the code, then the issues will go away. If the equipment is faulty then the defendants didn't get a fair trial.
19 - you forgot the followers of Geirrod and Loki will also oppose Thor's nomination. He may as well withdraw his name now and forgo the humiliation.
24 - if it can be calibrated against known samples, what's the relevance of the source code?
14 = Thor Anderson
Drunk drivers don't kill people: bad drivers who get drunk kill people.
With the name "Thor Anderson" let's hear it for reinforcing the stereotypical Scandinavian Minnesotan. He might as well have written the opinion with a bunch of "youbetchas" and "dontcha knows."
This judge reads about as critically as #6 and Elie.
The Minnesota Supreme Court opinion in no way requires that a trial judge grant the defendant's motion. It only says it is not an abuse of discretion to order the discovery of the source codes.
A judge could always just declare them irrelevant (for the reasons articulated in the Supreme Court opinion) and not order them to be turned over.
Reminds me of Peters v. Firemen's Insurance: 67 Cal.App.4th 808
"It is only through extrinsic evidence that the tenuous link between Susan L.'s herpes virus and appellant's boat becomes apparent. Appellant and Susan L. began their sexual relationship in September, but it was a fateful romantic boat voyage at Thanksgiving, appellant insists, that caused damage to Susan because it was only the purported setting-on appellant's prestigious watercraft-which led to the “sex-filled sailing adventure” and oral copulation which resulted in the (speculative) transmission of the herpes virus.
Applying the Kohl standard to the case at bench, it is apparent that the extrinsic facts raised by appellant do not come within the “use” provision of his yacht policy. Neither the movement of appellant's yacht nor the manner of its operation had anything to do with the transmission of the herpes virus from appellant to Susan L. Appellant is not claiming that his yacht plunged into a wave trough, causing him to stumble and fall, mouth open, onto Susan L.'s vagina."
This post needs McCormick and Hardcastle. Like now.
Guys in my high school used to claim they had source code's not in thier posession all the time. It was no big deal
Judge Thor pounds his clerks in the ass
Seriously, who even uses monospaced Courier anymore?
I want a cupcake.
I don't get it. The defendant is entitled to the source code but the state doesn't actually have it. What happens then? They just get off? If that's true, then this opinoin is true.
This is news? Just shows how slow this day is on ATL.
In fact, I can't take the monotony anymore. Please leave the room if you think this will affect you.
Don't, don't, don't, this will hurt someone.
*BLAM*
More torture: Gitmo Detainees to Receive Laptops, paid for by the U.S. taxpayer...
http://www.miamiherald.com/news/nation/story/1073991.html
i don't get it
The state can just subpoena the source code.
Of course, so could the defendant. The supreme court's decision is WRONG on Brady grounds. But trial court judges have no business making smartass comments about such things; they do however, have a duty to point out flawed reasoning with respect, even as they a duty to faithfully apply the holdings of higher courts.
"You think *you're* Thor? I'm tho thore I can hardly pith!"
"Hail Thor, mighty god of thunder."
*thump*
*thump*
WTF is this crap? I am going to stop reading if the posts don't get better.
31- does it remind you of the case because of the "clap" of thunder? Just read the whole thing--hilarious. I suppose Peters (how perfect is that?) figured that once Susan L. outed his herpes to the world via her lawsuit, he might as well see if he could get some insurance coverage out of the deal. Great find.
awesome thor.
Agree with #6--context would have done wonders for this post. That notwithstandaing, I love this guy!
(whispers) But he might be crazy as hell.
31 - guys in my high school used to plunge their "yachts" into "wave troughs" all the time. It was no big deal, even for the ones who got herpes.
Thorrr... Garrrll.... Hakarlll... MASSSSHH !!
Thorrr... Garrrll.... Hakarlll... MASSSSHH !!
Thorrr... Garrrll.... Hakarlll... MASSSSHH !!
Thorrr... Garrrll.... Hakarlll... MASSSSHH !!
Thorrr... Garrrll.... Hakarlll... MASSSSHH !!
Thorrr... Garrrll.... Hakarlll... MASSSSHH !!
Thorrr... Garrrll.... Hakarlll... MASSSSHH !!
Thorrr... Garrrll.... Hakarlll... MASSSSHH !!
14 = EPIC FAIL.
http://www.leg.state.mn.us/legdb/fulldetail.asp?ID=10987
Idiot.
Thor is an awesome name.
Lyrics of the song in Peer Gynt
(The troll-courtiers): Slagt ham! Kristenmands søn har dåret.
Dovregubbens veneste mø!
Slagt ham!
Slagt ham!
(a troll-imp): Må jeg skjære ham i fingeren?
(another troll-imp): Må jeg rive ham i håret?
(a troll-maiden): Hu, hej, lad mig bide ham i låret!
(a troll-witch with a ladle): Skal han lages til sod og sø?
(another troll-witch, with a chopper): Skal han steges på spid eller brunes i gryde?
(the Old Man of the Dovre): Isvand i blodet!
Slay him! The Christian's son has bewitched
The Dovre King's fairest daughter!
Slay him!
Slay him!
May I hack him on the fingers?
May I tug him by the hair?
Hu, hei, let me bite him in the haunches!
Shall he be boiled into broth and bree?
Shall he roast on a spit or be browned in a stewpan?
Ice to your blood, friends!
Lyrics of the song in Peer Gynt
(The troll-courtiers): Slagt ham! Kristenmands søn har dåret.
Dovregubbens veneste mø!
Slagt ham!
Slagt ham!
(a troll-imp): Må jeg skjære ham i fingeren?
(another troll-imp): Må jeg rive ham i håret?
(a troll-maiden): Hu, hej, lad mig bide ham i låret!
(a troll-witch with a ladle): Skal han lages til sod og sø?
(another troll-witch, with a chopper): Skal han steges på spid eller brunes i gryde?
(the Old Man of the Dovre): Isvand i blodet!
Slay him! The Christian's son has bewitched
The Dovre King's fairest daughter!
Slay him!
Slay him!
May I hack him on the fingers?
May I tug him by the hair?
Hu, hei, let me bite him in the haunches!
Shall he be boiled into broth and bree?
Shall he roast on a spit or be browned in a stewpan?
Ice to your blood, friends!
# 50, LOL! Wow, you really have no sense of humor. Ha, ha, please take a vacation.
- 14
170 for inventing a new form of bench-slap...the bench slap from below...
Are you kidding? This OLD FART is on of the most bias Aholes I've ever seen!