I love the smell of burning careers in the courtroom...

[AnotherFairportfan]

A Staten Island lawyer has filed documents with the New York State Supreme Court demanding that he be allowed to settle a court case in a trial by combat in a story straight out of “Game of Thrones.”

Richard Luthmann, an admitted fan of the HBO series, is facing accusations that he aided a client in committing fraudulent transfer. In response, he has officially requested that he be allowed to end the dispute in a fight to the death.

“Defendant invokes the common law writ of right and demands his common law right to Trial By Combat as against plaintiffs and their counsel, whom plaintiff wishes to implead into the Trial By Combat by writ of right,” the court filing states.

This has gotta get him whacked by the Court.

[Dave]

A Staten Island lawyer has filed documents with the New York State Supreme Court demanding that he be allowed to settle a court case in a trial by combat in a story straight out of “Game of Thrones.”

Richard Luthmann, an admitted fan of the HBO series, is facing accusations that he aided a client in committing fraudulent transfer. In response, he has officially requested that he be allowed to end the dispute in a fight to the death.

“Defendant invokes the common law writ of right and demands his common law right to Trial By Combat as against plaintiffs and their counsel, whom plaintiff wishes to implead into the Trial By Combat by writ of right,” the court filing states.

This has gotta get him whacked by the Court.

My guess is, he's probably thinking that if he loses the case he'd be at serious risk of being disbarred anyhow.

It's an odd request to make, but I wonder whether he could legitimately be sanctioned by the court just for invoking what does appear to be his legal right. Unless he acts in contempt of court, or actually pulls out a weapon, there may be nothing to sanction him for.

From what I can tell (based on very cursory research) he may be right, at least in theory. Although it had been effectively abandoned in practice, trial-by-combat hadn't been outlawed in England at the time the U.S. declared for independence - in fact, an attempt to outlaw it in England after the Boston Tea Party failed! Since the U.S. common law is inherited from English common law, and since it's never been outlawed here (either by a court or by legislation) it may still be a viable option on paper.

On the other hand, it's entirely possible that the courts will hold that it isn't an option. Neither Federal nor state laws on homicide contain an explicit exception for deaths occurring during duels (formal or informal). And, since those laws have been updated and rewritten extensively over the past couple of centuries, their definitions would probably override any implicit definitions contained in common law. Hence, any attempt to set up a trial by combat might be equivalent to "conspiracy to murder".

So, the court might hold that he could legally demand trial by combat to the death, and that winning such a trial would absolve him of any guilt for the offense of which he'd originally been accused... but that winning would automatically subject him to prosecution for premeditated homicide and conspiracy thereto. Losing the trial by combat to the death would, of course, would be uncomfortable and rather limit his career prospects (but would tend to render the conspiracy charges moot).

He might be thinking that if he can persuade a court to accept that this is his right, that the complaining party would automatically "stand down" and refuse... and that this would imply a win and that the "double jeopardy" rule would prevent him from being prosecuted any further.

[AnotherFairportfan]

I'm pretty sure that the Court could cite him for contempt as a "frivolous pleading" (or whatever the precise term is).

[Sgt. Howard]

Sadly, the 'Code Duello' has no backing in American Courts. Duelling in this country has never been legal- it falls under 'Manslaughter, first degree'. The use of sword or pistol to argue one's case will land you hard time... besides, very few people actually know the Rules, whether British, American or Irish. Personally, I enjoy the saber- but I do own a lovely set of matched Queen Anne's in an oak case. Delightful to operate...

[AnotherFairportfan]

I read/heard somewhere (maybe Paul Harvey's "The Rest of the Story"?) that Jim Bowie had to go West over a duel - but not one in which he was a principal.

I think the duel took place on Mud Island - Bowie was one of the seconds.

The seconds got into an argument over the terms of the meeting, and the other guy wound up with a serious case of dead.

[shadowinthelight]

[MerchManDan]

"Choose your weapon on the field of honour!"

[AnotherFairportfan]

I think it was the Ohio Legislature - one of the members was a real fire-eater, and he challenged an opponent.

The challenger wasn't quite a dwarf, but he wasn't all that tall.

The challenged was close to seven feet tall and was a blacksmith in civilian life.

The challenged gets to choose conditions - he chose ten pound sledges in six feet of water.

They later became friends, i understand.

[Sgt. Howard]

The event I always cherish- by the rules of the code, if the offense is in the form of public defamation, the offending party only needs to publicly retract the statement and there is no cause for a duel. Daniel Webster once stated that a certain political opponent "wasn't worthy to feed slop to a hog,". Said opponent took offence and his second delivered the note saying so. The right Honorable Daniel Webster then retracted his statement, saying that Senator Such-and-such "IS IN FACT worthy to feed slop to a hog"- thus was the duel averted but the insult remained.