Atlasia -vs- Madman Motley

[DemPGH]

My first of these, so bear with me. . . Because we're dealing with the issue of someone evidently creating a sock for use in the game, this gets bumped up in priority.

We would like to file suit against Madman Motley for creating the sock DeathTrap.

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It should be noted that this person is a sock of MadmanMotley.
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This is in violation of 2.3 of the Re-Consolidated Criminal Justice Act:

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(2.3)

The penalty carries up to a one-year ban on voting and a two-year ban on holding office. We will work within this framework in pursuing a sentence should a guilty verdict result. The administration does not take lightly the use of sock accounts in the game, and would pursue charges against anyone who did likewise.

[Bacon King]

Don't mind me, just taking care of this for you in a much simpler way

[Ebowed]

Don't mind me, just taking care of this for you in a much simpler way

What are you trying to do, throw bureaucrats out of work?

[Ebowed]

Official Atlasia Supreme Court Release
Nyman, DC

Writ of Certiorari
The Atlasian Supreme Court grants certiorari to hear this case.

Schedule
Petitioner has seventy-two hours to file his brief.  It is expected no later than 4:00AM EDT on Tuesday, July 30, 2013.

Respondent has an additional forty-eight hours to file his brief.  It is expected no later than 4:00AM EDT on Thursday, August 1, 2013.

Amicus Briefs will be accepted until 4:00AM EDT on Thursday, August 1, 2013, 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.

[Bacon King]

My bad on the false-positive with the ban. If you don't mind, I'll now take the opportunity to pursue an unrelated matter I've been thinking about, which will unfortunately make life more difficult for everyone.

AMICUS BRIEF OF BACON KINGMAN, ATTORNEY AT LAW

A. I note Section 6 of the Re-Consolidated Criminal Justice Act, which states:

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B. I note Article III, Section 2 of the Second Constitution, which states:

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C. I note, as an aside, that the law requires adherence to a Constitution that has not been in effect for three years.

D. I note, however, that the relevant verbage of the current Constitution appears to be functionally identical:

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E: I note that this trial is invalid, as no jury has been prepared for this trial and the region in which this crime was committed is not defined by law.

F: Furthermore, I note 3rd Constitution, Article VI, Clause 12, which states:

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G: I note that the crime can be fairly considered to match the common law definition of "infamous crime" and therefore a grand jury would be required to indict the defendant before any trial could begin.

H: I note that Due Process and Equal Protection of the laws are Constitutionally guaranteed by Article VI, Section 3:

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I therefore conclude:

• The Constitution required this criminal case to receive the indictment of a grand jury, which it has not.
• Federal statute requires this criminal case to be judged by a jury of the defendant's peers, and no such jury has been sequestered.
• These two facts demonstrate that the defendant has been denied equal protection of Atlasia's laws pertaining to criminal trials.
• The three preceding facts demonstrate that, should this trial continue and the defendant be found guilty, he will be unconstitutionally deprived of his liberty without receiving due process guaranteed to him as an Atlasian citizen.

Therefore, it is legally evident that charging the defendant with anything would be impossible without gross violations of both statute and guaranteed constitutional rights.

Thank you kindly for your time.

[Napoleon]

Wouldn't clause 3 allow for a retrial? "Legitimate"

[Bacon King]

Wouldn't clause 3 allow for a retrial? "Legitimate"

Nope, the "legitimate" language isn't applicable; the RCCJA specifically requires that the Second Constitution be observed. I merely posted the equivalent section of the Third Constitution as a reference. I suppose though if you can explain your way around the fact that a new statute specifically adheres to a Constitution that's been out of date since 2010, then we can channel Todd Akin for a moment and argue over the definition of "legitimate"

[Napoleon]

Section 1, Clause 3

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Appears it would at least allow the Court to nullify that portion of the RCCJA. From there, he could be retried, lol.

[DemPGH]

The Attorney General's Brief

Assuming that Bmotley and Madman Motley are the same person (it's strongly inferred that they are, and I have been informed so), and having established Death Trap as a(nother) sock:

Bmotley has been banned for 6 months

and has been removed from office:

Vacancy in the Mideast Assembly

Bmotley has been banned for 6 months so his seat in the Mideast Assembly is now vacant. Mideast citizens who are interested in serving in his stead should contact me as soon as possible.

We'd thus like to proceed. Now, I am not 100% certain as to how the Court would like to move forward - if they would like to procure a jury at this time, I am more than amenable to that. If they would like to act on the information we have at hand, I am amenable to that. Let me know.

The penalties as defined by the law are listed above, and we know that Motley has been removed from office. If this is a repeated offense, I petition the Court for a sentence at the upper range of the penalty. If it's a first offense, I petition for a sentence at the lower range.

[Bacon King]

How bout dat grand jury tho

[bgwah]

Before we proceed, would it be possible for a moderator (preferably the official one appointed by the President, but it honestly doesn't really matter) to confirm this, and whether or not they are the same person?

[Queen Mum Inks.LWC]

I can confirm that Bmotley has been banned for 6 months, beginning on July 25, 2013.  Although, if this needs to come from the MG, then you'll have to wait for Gustaf.

[bgwah]

Thanks for the clarification.

If both accounts have been banned, then a trial probably isn't necessary.