Wednesday, September 4, 2019

see, and, in fact, i can be pretty sure that they didn't read the response i provided to them.

i made it very, very clear that i was launching a review on the basis of correctness, which is clearly the proper basis of review, if i'm arguing that the arrest was illegal and the officer lied and the report didn't address either issue.

what the review did was nominally conduct a reasonableness review, but they don't back up their arguments. they just summarized the police's position.

they didn't even address my request for a review on the basis of correctness.

now, i'll acknowledge that i might be in somewhat of a grey area, in the sense that they might have rejected that they had any legal authority to analyze the correctness of the review. but, if that was the case, they should have explained it.

as it is, i'm just left with the conclusion that they didn't read my response at all. so, when i file to superior court on a correctness level, i'll have to point out that the panel used the wrong level of review.