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Case Application Thread
Topic Started: Jul 17 2010, 05:47 AM (3,567 Views)
Oliver
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RIP Jack Layton

Please make all applications for new court cases in this thread from now on. This thread will streamline court cases and make it easier for proper procedure to be followed. The application must include:

Prosecutor/Plaintiff:
Defendant:
Charge/Action:
Type:
Evidence:


Prosecutor/Plaintiff - The person bringing the case/intending to pursue the case/the person for whom the case has been brought.
Defendant - The person upon which the case is brought.
Charge/Action - The alleged breach of the law.
Type - The type of case, civil (person vs person/corporation/etc) or criminal (The State vs person/corporation/etc).
Evidence - In the form of a link to a post, a screenshot, etc.

After a case application has been lodged, the Chief Justice shall reply to the application with a link to the court case (assuming there are no problems) or deny the case if it is deemed irrational or nonsensical under the Court Procedure Revision Act.




For applications to the Appellate Court, the following form should be used.

Appellant:
Respondent:
Pertinent Case:
Type:
Supporting Documentation or Evidence:


Appellant - The person bringing the Appeal.
Respondent - The person upon whom the Appeal is brought (this is usually the Court of First Instance).
Pertinent Case - The case whose verdict the Appeal pertains to.
Type - The type of case, civil (person vs person/corporation/etc) or criminal (The State vs person/corporation/etc).
Supporting Documentation or Evidence - Presentation of adequate grounds or reasoning for the Appeal, in the form of a short submission.

After a case application has been lodged, the Justices who were not presiding over the Court of First Instance will deliberate upon whether or not to hear the Appeal. Two or more Appellate Justices must concur to hear the Appeal, and the most senior Justice who was not presiding over the Court of First Instance (being either the Chief Justice or the Primus Inter Pares) will post with the decision of the Court, and if applicable, a link to the Appeal.





Citizens are to use this thread only to post case applications, nothing else. The only other posts that will be accepted are those by Justices, or by a case applicant wishing to withdraw their application before the case is initiated.




When an application is lodged, the Chief Justice, or Primus Inter Pares in the absence of the Chief Justice shall create the court case thread, with the appropriate title; Plaintiff v. Defendant for civil cases, and Europeia v. Defendant for criminal cases.

The court case thread initiated will include a list of the charges/actions against the defendant, the initial evidence presented against them, and a request for a plea.




This thread is governed by ss. 4-7 of the Court Procedure Revision Act. Failure to use this thread from now on (though a grace period of two weeks will ensue from the time of this post) may result in the offender being punished for Contempt of Court under s. 13 of the Europeian Criminal Code. Any questions regarding this thread may be posted in another thread, or privately messaged to the Chief Justice.

NOTE: The Attorney General is the default prosecutor in all criminal cases under s. 6 of the Court Procedure Revision Act. Other prosecutors in criminal matters are only permitted with the leave of the Attorney General.
Oliver Marlowe
T.S. Eliot
 
We shall not cease from exploration, and the end of all our exploring will be to arrive where we started, and know the place for the first time.

The Europeian Trifecta
Posted Image (former)
Posted Image (former)
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I've also been Mayor, Grand Admiral, and World Assembly Delegate, but I only get three images for my sig...
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Swakistek
Retired.

Prosecutor/Plaintiff: The State of Europeia
Defendant: Jerrymania (being represented by Swakistek)
Charge/Action: One count of Breaching the InvisionFree Terms of Service
Type: Criminal
Evidence: *Appeal requested by the Defence*
Retired
Extended list of positions held
Extended list of awards and honours
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Oliver
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RIP Jack Layton

*polite cough*

In an appeal, Plaintiff/Apellant is Jerrymania, not Europeia. ...butting out now.
Oliver Marlowe
T.S. Eliot
 
We shall not cease from exploration, and the end of all our exploring will be to arrive where we started, and know the place for the first time.

The Europeian Trifecta
Posted Image (former)
Posted Image (former)
Posted Image (former)
I've also been Mayor, Grand Admiral, and World Assembly Delegate, but I only get three images for my sig...
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Anumia
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Anumia Novo Spiritus

*Anumia is aware of this, and shall consider the matter

Does the appellant present any particular grounds for appeal?
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Jerrymania


Anumia
Jul 21 2010, 08:40 PM
*Anumia is aware of this, and shall consider the matter

Does the appellant present any particular grounds for appeal?

Right here, man:

First off, why should I be singled out among dozens of those that have broken the ToS? Many people have been posting images and material in the SummerFest photo contest that they obviously didn't have the right to. That's a violation of the ToS. It is a U.S. Federal Law that all forums and websites have COPPA installed. This board does not. Not only does that warrant for the deletion of the forums, but the host could be arrested if s/he lives in the U.S. If not, disregard this. Many influential people posted, which probably swayed the honorable Chief Justice's opinion and sentence.
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Aramor
 
I've become slightly more homosexual for NES upon reading that.

Henry
 
Hey Jerry, now that you're real cute and all, I'd like to ask you to be my wife and help me fill NS with many children.

Earth22(A.K.A. My lover
 
I babysit 10 year olds, not screw them.
[pdata]http://z6.invisionfree.com/Europeia/index.php?showtopic=19025[/pdata]
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Anumia
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Anumia Novo Spiritus

The Associate Justices shall be able to review your submission in consideration of their opinion. Two Associate Justices must concur with allowing a repeal for it to go ahead.
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Swakistek
Retired.

Furthermore, the Defence also appeals on the following grounds:

1. The presiding Justice could have been affected by public pressure, which was very strongly expressed in the Court.

2. The Defence reached a plea bargain agreement with the Prosecution, and this should either have been respected during sentence or rejected prior to the allocution of my client. It also expressly states in s9 of the Court Procedure Act that "egregiously ignoring a plea bargain may be grounds for appeal."

3. The circumstances of the crime were not given proper consideration in the sentence, with particular regards to the context and my client's previously clear criminal record.

4. The Defence also believes that the sentence was unjust and inappropriate for this crime in these circumstances.

Thank you, Your Honour.
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Skizzy Grey
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insert random title here

The State urges the Court to hear this appeal and clarify the procedure for plea bargains. If the Court accepts a plea bargain* (as the Chief Justice did in this case), then proceeds to impose a sentence different from the agreed-upon sentence, the State will effectively be unable to resolve cases short of trial.

*-If you read the transcript, you will see that the Chief Justice accepted the plea bargain , not just the plea. Obviously, the agreed-upon sentence is an integral part of a plea bargain; if the Chief Justice felt that sentence was too light, he should have rejected the plea bargain.
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Swakistek
Retired.

The Defence wishes to inquire whether some progress is being made among the Justices in relation to our request for an appeal.
Retired
Extended list of positions held
Extended list of awards and honours
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Cordova I
Former Everything

Swakistek
Jul 23 2010, 06:02 PM
The Defence wishes to inquire whether some progress is being made among the Justices in relation to our request for an appeal.

The Justice are still deliberating. We should have an answer for you shortly.
Cordova I (Cord) Anacreoni-Anumia

- Former Lieutenant in the Europeian Navy (honourably discharged), WA Delegate (6 months), Minister of Foreign Affairs (6 months), Associate Justice (8 months), Senator (16 terms), Deputy Speaker, Vice President (6 months), Speaker of the Senate (4 months), Chief Justice (7 months) and Acting President (1 week)

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Jerrymania


Cordova I
Jul 23 2010, 09:04 PM
Swakistek
Jul 23 2010, 06:02 PM
The Defence wishes to inquire whether some progress is being made among the Justices in relation to our request for an appeal.

The Justice are still deliberating. We should have an answer for you shortly.

Thank you very much.
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Aramor
 
I've become slightly more homosexual for NES upon reading that.

Henry
 
Hey Jerry, now that you're real cute and all, I'd like to ask you to be my wife and help me fill NS with many children.

Earth22(A.K.A. My lover
 
I babysit 10 year olds, not screw them.
[pdata]http://z6.invisionfree.com/Europeia/index.php?showtopic=19025[/pdata]
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Swakistek
Retired.

Cordova I
Jul 23 2010, 09:04 PM
Swakistek
Jul 23 2010, 06:02 PM
The Defence wishes to inquire whether some progress is being made among the Justices in relation to our request for an appeal.

The Justice are still deliberating. We should have an answer for you shortly.

Thank you.
Retired
Extended list of positions held
Extended list of awards and honours
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Anumia
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Anumia Novo Spiritus

After deliberation and discussion, the Justices of the Court of Appeal have determined there are two appeals requested here: an appeal from the defence on the grounds listed by the recently-convicted (I do not use the word "appellant" here in order to avoid confusion) and his counsel, and a cross-appeal from the State on the ground he listed.

The Court of Appeal rejects the appeal of Jerrymania.

The Court of Appeal accepts the appeal of the State.

Given the nature of this appeal, as presiding Justice I wish the State to answer whether or not they intend to serve as the respondent before we move forward.
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Skizzy Grey
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insert random title here

I don't understand the question.

If you are asking if the State wishes this appeal to proceed, the answer is yes. If you are asking if the State will seek to persuade the Justices to affirm the Chief Justice's ruling, the answer is no.
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Jerrymania


So, what happens now?
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Aramor
 
I've become slightly more homosexual for NES upon reading that.

Henry
 
Hey Jerry, now that you're real cute and all, I'd like to ask you to be my wife and help me fill NS with many children.

Earth22(A.K.A. My lover
 
I babysit 10 year olds, not screw them.
[pdata]http://z6.invisionfree.com/Europeia/index.php?showtopic=19025[/pdata]
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