Atlasia v. Dallasfan65

[Junkie]

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.

[Junkie]

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. 

[Junkie]

Is the Justice alive?

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.

[Junkie]

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.

[Junkie]

was there a determination as to whether Dallasfan might have been called upon to determine the validity of a ballot? It seems like that's an important issue for the interpretation of this law going forward.

Believe me that I wanted to deal with that issue.  However, Dallas plead thus conceeding the issue.  I believe that it is in fact an important issue, but it will not be decided in this case.

This is ridiculous.

How so?  Not meaning to start a fight, just really wondering what you meant.

[Junkie]

that's rather concerning that there was no attempt by the court to determine if a law was actually broken before they handed out the sentence.

I understand your concern, but that is not the role of the court here.  There was probable cause, thus Kal was right to bring charges.  I do believe that there are significant questions about whether the law would apply to Dallas. 

However, he chose to plead guilty.  He conceded that he had broken the law and committed a crime.  The Court cannot do anything about that.  The only way to determine if the law was broken was to have a trial.  A trial is every defendant's right, and one which Dallas waived, which is also his right.  Thus, the Court's hands were tied.  I don't like it, but it was his right and he did it freely and voluntarily.  Therefore, if it is to be determined, it is not here.