People of the Republic of Atlasia vs. Midwest Governor LeBron FitzGerald
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  People of the Republic of Atlasia vs. Midwest Governor LeBron FitzGerald
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Author Topic: People of the Republic of Atlasia vs. Midwest Governor LeBron FitzGerald  (Read 9187 times)
ZuWo
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« on: December 04, 2014, 04:19:18 PM »

The office of the Attorney General has obtained evidence which suggests that Midwest Governor LeBron FitzGerald may have committed a crime against Atlasia and hereby charges him with voter intimidation as outlined in section 2, clause 7 of the Re-Consolidated Criminal Justice Act:

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For public convenience, the constitutional provisions regarding trials are as follows:

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Keeping in mind the other pending cases and the heavy workload of the Justices in general, the office of the Attorney General kindly requests the Supreme Court to grant certiorari in this case.
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Oakvale
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« Reply #1 on: December 05, 2014, 07:48:11 AM »

This has been seen. As mentioned in the most recent thread our workload is obviously quite heavy at the moment but we'll endeavour to be as efficient as possible.
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Oakvale
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« Reply #2 on: December 12, 2014, 01:57:13 PM »
« Edited: December 12, 2014, 02:01:11 PM by oakvale »

Just a quick update - this hasn't been forgotten but we need to clear the backlog of trials beforehand. We had hoped that Justice Torie would be able to preside but barring a response soon I suppose I will do so.
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Oakvale
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« Reply #3 on: December 16, 2014, 11:58:20 AM »
« Edited: December 16, 2014, 12:00:31 PM by oakvale »

Unfortunately there's still been no word from Justice Torie, so I'm going to be presiding for this. At least the Jones trial is coming to a conclusion.

Official Atlasia Supreme Court Release
Nyman, DC

People of the Republic of Atlasia v. Midwest Governor LeBron FitzGerald

The Supreme Court of Atlasia has discussed this matter and designated senior Associate Justice Oakvale to preside over the trial of Governor LeBron FitzGerald, who stands accused of a count of voter intimidation as described in §2, c.7 of the Re-Consolidated Criminal Justice Act (2013).

The Court reminds the defendant that he has the right to legal counsel as guaranteed in Art. III, §2 of the Constitution. If he wishes to waive this right he should inform the Court of this.

These proceedings shall be governed according to  Art. III, §2 the Constitution of Atlasia, in conjunction with the Re-Consolidated Criminal Justice Act (2013).

Should the defendant plead no contest or enter a guilty plea, the jury empanelling process will be bypassed and the presiding Justice will proceed to sentencing.

The details of the trial will be announced upon the entry of a plea and the Attorney General and Mr. FitzGerald being informed.
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ZuWo
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« Reply #4 on: December 18, 2014, 06:41:05 AM »

I am glad to see the court has designated one of their Justices to preside over the trial and await the defendant's first steps.
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LeBron
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« Reply #5 on: December 19, 2014, 07:02:41 PM »

I will be seeking legal counsel. A plea will be decided shortly.
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Oakvale
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« Reply #6 on: December 19, 2014, 07:04:06 PM »

Thank you, Governor.
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Filuwaúrdjan
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« Reply #7 on: December 19, 2014, 07:44:55 PM »

I believe in fairness, in harmony, and in fair and harmonious trials. I am a member of the Atlas Supreme Court Bar and have represented a defendant in a high profile case before (Atlasia v. RowanBrandon). As such, I would like to volunteer my legal services to LeBron FitzGerald.
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LeBron
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« Reply #8 on: December 22, 2014, 11:10:09 PM »

I will be entering a not guilty plea. I'm still searching for someone to represent me.
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Flake
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« Reply #9 on: December 22, 2014, 11:29:29 PM »

I will be entering a not guilty plea. I'm still searching for someone to represent me.

I believe in fairness, in harmony, and in fair and harmonious trials. I am a member of the Atlas Supreme Court Bar and have represented a defendant in a high profile case before (Atlasia v. RowanBrandon). As such, I would like to volunteer my legal services to LeBron FitzGerald.

Huh
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Oakvale
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« Reply #10 on: December 23, 2014, 05:24:31 PM »

Thanks, Governor. The plea of not guilty is noted.

With that, I'm adjourning the court until January 3rd, 2015 as part of our seasonal recess. When we resume I will begin the jury empaneling process. I advise both sides to consult counsel if necessary and prepare their arguments in the interim.

This trial is adjourned until January 3rd.

*bangs gavel*
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windjammer
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« Reply #11 on: December 25, 2014, 11:41:23 AM »

Sorry for the interruption but,
This is a federal law, does it apply only for federal elections (presidential and senate elections)?
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Oakvale
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« Reply #12 on: December 25, 2014, 02:17:12 PM »
« Edited: December 27, 2014, 04:07:17 PM by oakvale »

Sorry for the interruption but,
This is a federal law, does it apply only for federal elections (presidential and senate elections)?

Nope, the RCCJA specifically refers to both regional and federal governance at several points. In comparison to the closely related (in this case) Campaigning for the Invalidation... act, which for some reason specifically only applies to federal elections.
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windjammer
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« Reply #13 on: December 27, 2014, 02:18:03 PM »

Well,
If Mr Lebron Fitzgerald refuses to hire Attorney Al Sibboleth,
I'm proposing my legal services to Lebron Fitzgerald as well.
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Oakvale
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« Reply #14 on: January 03, 2015, 02:25:18 PM »

*bangs gavel*

Alright everyone, we're officially back in session. I will begin arranging the jury selection. I trust both sides have used the recess period to prepare their arguments.
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ZuWo
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« Reply #15 on: January 04, 2015, 06:34:47 AM »

*bangs gavel*

Alright everyone, we're officially back in session. I will begin arranging the jury selection. I trust both sides have used the recess period to prepare their arguments.

I have.

I guess I will present my case once the jury empanelling process has been completed and the members of the jury have sworn in.
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Oakvale
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« Reply #16 on: January 05, 2015, 02:27:14 PM »
« Edited: January 06, 2015, 07:18:06 PM by oakvale »

A criminal case requires a jury as empanelled according to the relevant regional law. As the Midwest, as far as I can tell, lacks a specific act relating to this, federal law took precedence - a jury of five impartial jurors is required.

To select this jury, the standard method was used - a number was assigned to each citizen of the region as registered in the Census Bureau, with the exception of the defendant, LeBron FitzGerald and Mr. Gustaf, who I have been informed is a witness in this case, and then a random sequence of numbers in this range was generated using random.org's random number generator, ranging from 1. (Andi aka Velasco) to 26. TNF.

The results of this random selection were:



20. MaxQue
5. BrandonCordeiro Rooney
4. BaconBacon96
11. Gass
1. Velasco

I will be contacting those selected to confirm whether they are willing to serve, and if they are not, a replacement will be selected using the same method. I will entertain any serious objection to the credibility or impartiality of these jurors from either party.

UPDATE:

Since BrandonCordeiro has not responded to my messages and has not posted on the forum since November, I have selected a replacement using the same method. The resulting selection was Rooney, who has been contacted.
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Oakvale
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« Reply #17 on: January 07, 2015, 03:00:05 PM »

Having not received any objections from either party, I am hereby asking the jury to swear in, and we will begin proceedings.

Jurors, please all repeat the following -

"I swear (or affirm) that I will well and truly try the matter in issue between the parties, and give a true verdict according to the law and evidence, so help me Dave."
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MaxQue
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« Reply #18 on: January 07, 2015, 04:55:55 PM »

I swear that I will well and truly try the matter in issue between the parties, and give a true verdict according to the law and evidence, so help me Dave.
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BaconBacon96
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« Reply #19 on: January 07, 2015, 07:40:10 PM »

I swear that I will well and truly try the matter in issue between the parties, and give a true verdict according to the law and evidence, so help me Dave.
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Rooney
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« Reply #20 on: January 07, 2015, 09:05:08 PM »

"I swear that I will well and truly try the matter in issue between the parties, and give a true verdict according to the law and evidence, so help me Dave."
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Velasco
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« Reply #21 on: January 08, 2015, 01:28:00 AM »

I affirm that I will well and truly try the matter in issue between the parties, and give a true verdict according to the law and evidence, so help me Dave.
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Gass3268
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« Reply #22 on: January 08, 2015, 10:18:07 PM »

I affirm that I will well and truly try the matter in issue between the parties, and give a true verdict according to the law and evidence, so help me Dave.
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Oakvale
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« Reply #23 on: January 08, 2015, 10:44:04 PM »

Thanks, everyone.

*bangs gavel*

I am now going to ask the prosecution to present its case and call any witnesses they may require. Cross-examination of witnesses by the defense will be permitted after the prosecution has concluded their questioning. Objections by either party to a line of questioning will be duly considered.

I will then ask the defense to respond and call any witnesses they may require. Again, cross-examination by the prosecution will be permitted after the conclusion of questioning, and objections to a line of questioning will be duly considered.

And with that I will ask the prosecution to begin.
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ZuWo
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« Reply #24 on: January 09, 2015, 04:05:11 AM »

The prosecution has obtained its evidence through former Attorney General and current at-large Senator Bacon King, who has expressed his willingness to testify under oath. The evidence consists of at least one IRC chat log, which shows a brief conversation between Midwest Governor LeBron FitzGerald and a citizen of the Midwest who voted in the recall election. The conversation has been saved and can be viewed here.

Furthermore, I am in possession of another IRC chat log, which displays how Bacon King and Flo confront the Governor with his allegedly illegal act and the Governor admits to having made a "slight error". If the Court wishes to see the conversation in full in this thread, I will post it as well.

As for the prime evidence in this case, i.e. the conversation between the Governor and the Midwest citizen mentioned in the first paragraph, I contend that LeBron FitzGerald committed a crime against Atlasia as described in section 2, clause 7 of the Re-Consolidated Criminal Justice Act. Clause 7 states that it is unlawful to contact voters "with disinformation about the election process in order to prevent casting of a valid ballot".

In fact, there was no plausible reason for the defendant to message a citizen of his region who voted for the Governor's recall in the first place, and there was no legal basis whatsoever for him to ask the voter in question to "check the recall vote" and, most importantly, alert him of an alleged "error", namely the positioning of the X on the ballot. In fact, the prosecution is not aware of any ballots which have ever been declared invalid in any Atlasian election for the reason mentioned by Governor LeBron FitzGerald. As evidenced by the citizen's immediate rejection of the Governor's claim it can be safely assumed that this is common knowledge, especially among elected officeholders. Therefore, the defendant's remarks, and his misleading claim that there was an "error" in the ballot in question, constitute a clear case of disinformation. The act of spreading disinformation about the election process is rightly considered a serious offense in the Republic of Atlasia, and it seems all the more reprehensible when it is committed by a Governor who is also the administrator of the voting booth at the same time. Finally, it cannot be ruled out that other voters of the Midwest have been approached by the Governor in a similar manner.

As I said earlier, I am ready to present the second chat log to which I referred and call Bacon King as a witness of the prosecution. The court may have taken notice of the fact that the Senator has posted a brief leave of absence.
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