Atlasia v. Dallasfan65
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Author Topic: Atlasia v. Dallasfan65  (Read 3608 times)
MASHED POTATOES. VOTE!
Kalwejt
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« on: July 07, 2011, 03:51:10 PM »

Mr. Chief Justice, Justices,

Dallasfan65 is being charged for violating the Campaigning for Invalidation of Votes Act

Kalwejt
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#CriminalizeSobriety
Dallasfan65
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« Reply #1 on: July 07, 2011, 09:44:08 PM »

I shall be pleading guilty and am requesting the maximum penalty.
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Ebowed
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« Reply #2 on: July 08, 2011, 12:56:21 AM »

Writ of Certiorari
The Atlasian Supreme Court grants certiorari to hear this case on the grounds that Dallasfan65 has potentially violated the Campaigning for Invalidation of Votes Act.

Schedule
Petitioner has seventy-two hours to file his brief.  It is expected no later than 1:00AM EST on Monday, July 11, 2011.

Respondent has an additional forty-eight hours to file his brief.  It is expected no later than 1:00AM EST on Wednesday, July 13, 2011.

Amicus Briefs will be accepted until 1:00AM EST, Monday, July 11, 2011, unless the filing party can show sufficient need.

Additional time may be granted to either party upon a showing of sufficient need.

A possible period of argument (Q&A) may be scheduled after presentation of the briefs in case any member of the Court has any questions for the parties.
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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #3 on: July 08, 2011, 01:43:43 PM »

The prosecution team is working on brief.
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Peter
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« Reply #4 on: July 08, 2011, 05:30:04 PM »

For its own sake, the Court should appoint counsel to act independently on Dallasfan's behalf - on appeal it is very easy to argue that the defendant was not of sound mind if he starts requesting the maximum sentence. In fact his entire guilty plea could be void.
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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #5 on: July 08, 2011, 05:32:50 PM »

For its own sake, the Court should appoint counsel to act independently on Dallasfan's behalf - on appeal it is very easy to argue that the defendant was not of sound mind if he starts requesting the maximum sentence. In fact his entire guilty plea could be void.

Correct me if I'm wrong, but Dallas can (and I'm not urging him to do anything) not accept court-appointed counsel?

Just asking.
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#CriminalizeSobriety
Dallasfan65
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« Reply #6 on: July 08, 2011, 10:39:42 PM »

I assure you, I am of sound mind, and was when I made that post - 10:44 is too early for me to start drinking.
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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #7 on: July 09, 2011, 07:42:28 AM »

Your Honor,

The prosecution is intending to prove that Mr. Dallasfan65, the defendant, is guilty of violating the Campaigning for Invalidation of Votes Act.

During the most recent federal elections (more specifically Northeast Senate race), the defendant sent PMs to the voters, asking them to invalidate their already casted votes.

The prosecution can back up those claim with an repeated admission of guilt the defendant has made and, if this would be necessary, with calling witnesses to the stand.

Thank you.
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#CriminalizeSobriety
Dallasfan65
Junior Chimp
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« Reply #8 on: July 09, 2011, 09:04:51 AM »

The prosecutor is correct.
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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #9 on: July 09, 2011, 09:10:08 AM »

I just wanted to state that the defendant is entitled to a legal defense, as well as a proper trail by the jury of his peers. How is he going to handle his defense, it's entirely his call and the prosecution respects every decision he'll make.
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Junkie
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« Reply #10 on: July 09, 2011, 01:32:31 PM »

Since Dallas is pleading guilty it does not much matter, but at least in the United States, convictions may not be based solely on uncorroborated confessions of the defendant.  Maybe Atlasia does not have that constitutional intrepretation, but I would be a little concerned about due process if confessions alone would be enough.
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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #11 on: July 09, 2011, 08:55:16 PM »

As I stated, and I want to clarify this, the prosecution can call upon the witnesses: a two people the defendant PMed with invalidation pleas: Cincinatus and NiK.
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Junkie
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« Reply #12 on: July 10, 2011, 08:06:31 AM »

As I stated, and I want to clarify this, the prosecution can call upon the witnesses: a two people the defendant PMed with invalidation pleas: Cincinatus and NiK.

Okay, I must have misread your post.

And in regards to Peter's post, I think I agree.  The Court should make sure that everything is proper by appointing counsel.  Kal is probably the fairest prosecutor you could have, diligently trying to prosecute what he believes he can prove are crimes, yet at the same time protecting the rights of the accused and society in general.  Kal is keeping up the highest levels of honor in this profession.  At the same time, even the best prosecutor can't do everything. 
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Oakvale
oakvale
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« Reply #13 on: July 10, 2011, 08:44:51 AM »

I'll be presiding over this trial, and I'd just like to concur with Junkie's wariness about convicting based solely on the personal confession of the defendant. I think appointing counsel is the most appropriate way forward, sorry Dallas!
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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #14 on: July 10, 2011, 01:28:11 PM »

I'll be presiding over this trial, and I'd just like to concur with Junkie's wariness about convicting based solely on the personal confession of the defendant. I think appointing counsel is the most appropriate way forward, sorry Dallas!

I agree that would be best for the case.
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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #15 on: July 13, 2011, 04:03:19 PM »

Is the Justice alive?
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Dallasfan65
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« Reply #16 on: July 13, 2011, 07:28:52 PM »


He had indicated to me through message that Junkie would be my counsel. Not sure where it goes from here.
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Junkie
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« Reply #17 on: July 13, 2011, 08:15:37 PM »


He had indicated to me through message that Junkie would be my counsel. Not sure where it goes from here.

I am going to want a little time to talk to my client and then to the prosecutor.
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Oakvale
oakvale
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« Reply #18 on: July 14, 2011, 08:38:18 PM »

For the counsel to talk to his client and prepare his defense I think another 48 hours should be sufficient. So that's until around 9PM EST on Saturday. If more time's required let me know, but I think this case should hopefully be fairly straightforward.
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Junkie
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« Reply #19 on: July 14, 2011, 10:19:20 PM »

For the counsel to talk to his client and prepare his defense I think another 48 hours should be sufficient. So that's until around 9PM EST on Saturday. If more time's required let me know, but I think this case should hopefully be fairly straightforward.

Thank you, your honor.  But it will not be needed.  After extensive consultations with my client, my client has decided to plead guilty and accept whatever sentence the court determines.  I think the record should reflect that I have discussed possible motions, including the constitutionality of the statute as it would apply to my client.  Despite these conversations, he has decided to plead guilty.

My client will be pleading guilty of his own free will and is well aware of all motions and defenses that could be brought.  Despite these motions, he wants to plead.  He believes that he has done wrong.  While I may not agree with his position, I believe he is making his decions based on the best legal advise I could give.

I believe the appropriate step is for the court to accept my client's guilty plea.  Then the prosecution, myself, and finally the defendant may give arguments about sentencing.

Thank you for the time.
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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #20 on: July 15, 2011, 07:33:28 AM »

Your Honor,

Dallasfan65 is certainly guilty. He admitted this at the very beginning but the prosecution still have a strong evidences to back up this claim in needed.

However, I'd like to take a moment to address one thing. The prosecution doesn't believe Dallasfan65 deserved a "maximum punishment", as he requested.

We believe the court should take into an account several factors, like Dallasfan65 clean criminal record, long and distinguished public career, voluntary admission and full cooperation. Last, but not least, his crime didn't have much effect.

That's why we believe Dallasfan65 earned a right to be treated leniently when it comes to sentencing and we request the court to impose a minimum sentence.

The prosecution rest.
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Oakvale
oakvale
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« Reply #21 on: July 15, 2011, 10:33:29 AM »

Thank you to both the defense and the prosecution. A decision will be posted shortly.
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Oakvale
oakvale
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« Reply #22 on: July 16, 2011, 11:48:47 AM »

Alright, I'll now sentence the defendant.

The defendant, Dallasfan65, has pled guilty to the charge of violating the Campaigning For The Invalidation Of Votes Act, specifically by sending messages to voters in a Senate election requesting they invalidate their ballots, while serving as Vice-President.

Dallasfan has been fully co-operative during this trial, shown remorse for his actions, and has no prior criminal record. His request of the maximum possible sentence is not granted.

That said, I, along with my colleagues on the Court, believe the prosecution's request of the minimum possible sentence to be too lenient. We think a strong deterrent for the kind of crime committed is necessary, while not verging into draconian territory. Thus, the Court opts for a moderate sentence of reasonable duration, two months, and one that we hope will prevent violations of the Act in the future.

Accordingly, the Court hereby sentences the defendant to a sixty-day ban on holding office, and a sixty-day ban on voting in any Atlasian election. These bans will be imposed concurrently, both beginning at 1PM EST today, July 16th, 2011, and expiring at 1PM EST September 14th, 2011.

Thank you to the defendant, prosecution and defendant's counsel for helping this case conclude smoothly.
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MASHED POTATOES. VOTE!
Kalwejt
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« Reply #23 on: July 16, 2011, 12:11:54 PM »

Thank you, Your Honor.
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Lincoln Republican
Winfield
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« Reply #24 on: July 16, 2011, 01:51:56 PM »

Question for Oakvale for clarification.

The 60 day ban on Dallasfan from holding office, is this federal office only, or for regional office as well?

Before the sentence was rendered, Dallasfan became Lieutenant Governor of the Northeast Region, so if this sentence bans Dallasfan from holding regional office as well, we will have to find another Lieutenant Governor.

Please clarify.
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