Friday, November 12, 2010
Appealing Thoughts 3-29-10
I recently completed the supplemental brief which should be filed on or about April 1, 2010. This represents the completion of what we thought most relevant to raise. The appeal process is a very tricky process where one can talk too much. Literally an appellant without any argument from the government can affirm his conviction. A civil society truly would not promote a system like this. Those who say it’s the best in the world and think it fair are sheltered and naïve. But with the Lord’s help even two nobodies like Scott and I can prevail amidst the perilous traps. This brief was sent via email to the lawyer so it can easily get posted on this site if you’ll find it interesting. It is cutting edge at this moment. A timing I believe was under the providential control of the Lord. There are basically 2 arguments. The statute is void for vagueness as applied and a speedy trial violation on the indictment. Even Bill Julian could get his conviction reversed with this argument supplemented with the fact 1,349 cannot stand alone without a predicate offense. Unfortunately for Farral and Dewey they pled out to charges different than our indictments so none of these arguments are relevant. I sent this email to a few clients who can confirm its content and origin once it is posted. My opinion of briefs even my own is they are just a practice of judicial masturbation. Truth, justice, integrity, are not the virtues available in a system of witchcraft. Pretend, mysticism, conjuring of spells in the recognized language. When a favorable ruling comes down I can promise you it will have absolutely nothing to do with the merits of the case. That was Alsup’s job to obtain a trial irrelevant to any real facts. The appeal process is a separate bottle not about facts but procedure. Did we pressure enough error in the procedures to survive Alsup’s machinations of evil? We shall soon see. The oral arguments are set for May 10, 2010. The court can rule anywhere from 2-9 months after this date.