On June 3 of this year, I filed the brief in my appeal. You can view it here.

On September 16, the State filed its brief. You can view it here.

Yesterday, I filed my reply brief. You can view it here.

The next step is oral arguments, which both the State and I have requested.

I have been more intellectually challenged and engaged by this appeal than any project in a long time. No matter what happens, I’m satisfied that I’ve been able to personally work towards my vindication.

That being said, I want to win.

This is Andrew M. Morse of Snow, Christensen & Martineau. I’ve beat him twice now in court, this latest battle pro se. How this guy calls himself an attorney, I have no idea. He is grossly incompetent; of small intellect and little logic.
So if you see Andy on the street or at the court house, ask him how he’s conned governments into giving him tax payer dollars for so long.

In my GRAMA battle with Murray City, Judge Michele M. Christiansen finally issued her final order. To make a long story short, I win; they lose. Again. I’m now 3-0 with this city. Hopefully they’ve learned their lesson; but I wouldn’t bet on it.

This Euro-farmer is protesting falling milk prices by spraying the cops with his commodity.

On this day in 1787, thirty-nine men put their mark on the longest living governing document in existence: Our Constitution.

Happy Constitution Day

Our Attorney General, Mark Shurtleff, hopes to limit post-conviction relief. Yet his office is the delay in my appeal. On June 3, 2009, I filed the brief in my appeal with the Utah Court of Appeals. The State’s brief was due on September 4, 2009; after requesting and receiving two separate 30 day extensions.

And on September 1, 2009, just three days before their brief was due, the State filed for yet another extension. If the Court grants their enlargement, the State will have had 104 days to file its brief. Instead of bitching about the slow turning wheels of justice, maybe Shurtleff should get his own house in order and crack the whip on his people. Someone down there should have fire in his, or in my case her, belly.

But Mrs. Laura Dupaix—the Assistant Attorney General assigned to my case—seems more fixated on pulling heart strings than doing her job. For the third time in a row, she’s invoked her husband’s—Leslie Warren Dupaix—“long-term debilitating medical condition.”

While I’m sympathetic to illness, especially one plaguing family, I’m completely unsympathetic to the undignified manner in which Mrs. Dupaix uses her husband’s affliction as an excuse. Beyond the poor taste, why would one feel it socially acceptable to display her family’s ailments in writing for the world to see?

The answer is obvious: dignity won’t get her an extension. Simply stating that “a personal matter,” or a “family emergency” prevented her from doing her job sounds weak and contrived. But swallowing all pride to tell strangers that your husband has chronic disease, especially one you need to attend to, really let’s people know that you were in a tight spot.

So Mrs. Dupaix, you’ve won at least two 30 day extensions—and have a chance with another—at the expense of your self-respect and your hubsand’s privacy. Congratulations.

I shall not fear anyone on earth.
I shall fear only God.
I shall not bear ill toward anyone.
I shall not submit to injustice from anyone.
I shall conquer untruth by truth.
And in resisting untruth, I shall put up with all suffering.
- Mahatma Gandhi.

You can buy a New Zealand Kiwi for the same price as sending a letter downtown.

“our constitutional system is primarily designed to protect the innocent, not punish the guilty. When, as here, the two are in conflict, the greater good lies in protecting the rights of the innocently accused rather than ensuring the conviction of all who are guilty. When the constitutionally protected rights of a defendant are blatantly violated, that violation must be corrected in order to prevent the same occurring to an innocent defendant in the future. Our constitutional compact has already made that choice."

-The Utah Supreme Court in State v. McClellan, 2009 UT 50, ¶ 29, published today.