Month: November 2024

bookmark_borderPerfecting An Appeal In New York State

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So, my appeal of the ridiculous SORA order issued on January 5, 2024 was delivered yesterday. My previous attempts were thwarted by the arcane process known as “perfecting” an appeal in New York State.

Basically, my appeal was stymied by the RECORD ON APPEAL, an esoteric document that must be created and agreed upon by the parties of the appeal (in this case the Monroe County DA (“MCDA”) and myself). BUT the directions just state that the record must be certified, stipulated to or ordered (CPLR 5525).

The first obstacle was the fact that the Court Clerk doesn’t maintain these records, the County Clerk does… So there’s that peculiarity. When I got the certified record from the County Clerk, the Appellate Division, Fourth Dept. Court Clerk rejected my submission and told me that the certified record wasn’t sufficient to meet the certified requirement of 22 NYCRR 1250.7, but didn’t give me any further instructions.

The next obstacle was getting the MCDA to stipulate to the RECORD ON APPEAL because they just ignored my request. (Seems like an easy way for the DA to block appeals, NO?) I then attempted to get the County Court judge who made the decision I’m appealing to grant an order for the RECORD ON APPEAL and was also ignored. (Again, seems like an easy way for the Judge to block appeals, NO?)

After all this ignoring, the sixth month time limit to “perfect” my appeal was running out. So I petitioned the Court to extend the time, noting all the ignoring that had occurred. They granted my request on October 17, 2024 giving me until December 16, 2024 to perfect my appeal. And surprise surprise, with a copy of their order enclosed, the MCDA agreed to stipulate to the RECORD ON APPEAL.

Now, I wait to see if the Clerk, will finally accept my appeal. Like I’ve posted before, it shouldn’t be this hard to appeal decisions.

Update 11-21-2024: Got a letter from the Clerk yesterday, my appeal has been perfected. And has been schedule to be heard for the “session” beginning March 31, 2025.

bookmark_borderThe Criminal President Elect

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I’ve been trying to understand the vote splitting in this election. I mean the difference between the two candidates couldn’t have been more stark, one an unapologetic prosecutor (Link to Reason Article) and the other an unapologetic criminal.

As Max Burns points out:

A man with 34 felony convictions can’t win the presidency in a nation where trust in institutions is high. It’s only in a culture where the justice system has long since lost its legitimacy that a man with such a thick criminal record as Trump glides by relatively unremarked. That one man can so effortlessly game American institutions to his own benefit says as much about the decrepit state of America’s institutions as it does about the moral decrepitude of the crook.

From: “America will regret its decision to reelect Donald Trump“

Max is onto something; because, for the Criminal to win, millions of voters had to split their tickets. For example, in Florida people voted for abortion rights with 57% but Trump won that state with 56%. In other words, Trump didn’t get blamed for the need for the abortion rights amendment. That’s literally cognitive dissonance. And that trend continued elsewhere.

But, this election says something profound about Americans, a majority of them have literally given a vote of no confidence to our judicial system. And sadly, I agree with them. Our “justice” system is devastatingly corrupt. From our jury system being replaced by a system of pleas that allows thousands of suspected criminals (like me) to be coerced to plead guilty. Worse, when you try to fix an unjust conviction, habeas has been suspended by the obviously unconstitutional ADEPA.

Americans are aware that the judicial system is extremely unjust. And that the lists of exonerations just keep growing and growing. It’s in that context (as the Reason article linked above explains) the Prosecutor was ill prepared to fight a criminal in a fair fight, like the election… Now I understand.

Update November 12, 2024

So, I wasn’t the only one perplexed about the ticket splitting. Hot Rep. AOC shared in my befuddlement. So she went to social media to ask the question, here are the results. And as you can see Max, quoted above, was 100% correct. The vote splitters have a total disregard for the “Justice System”. Thus, you can ignore the nonsense that “defund the police” had anything to do with Trump’s win, Trump voters clearly don’t care about that.