Post by Danihel Laurieir on Jun 20, 2006 19:31:23 GMT -6
JUSTIFICATION OF REFUSAL TO HEAR
MARCH 2006 CASE FILED BY MARTUC
June 20, 2006
Decision by Justice Siervicül and Justice Lauriéir, joined by Senior
Justice Ián A. von Metáiriâ
Justices Siervicül and Lauriéir delivered the decision of the Cort:
On March 27, 2006 Ups Antônio Martüc (hereafter the Petitioner)—a
citizen of the Kingdom of Talossa at that time—petitioned the
Uppermost Cort to hear a case. In the case filed, the Petitioner
sought to bring criminal charges against another citizen for violation
of Talossan laws under Wisconsin statute 947.0125, "Unlawful use of
computerized communication systems".
After careful consideration of the evidence presented by the
Petitioner and the relevance and applicability of the laws claimed to
have been violated, the Cort has decided not to hear the case. Under
Article XVI: Section 6 of the Organic Law, the Cort is required to
supply the Petitioner or Plantiff whose case it refuses to hear, a
written justification of such refusal.
While the Petitioner did present the Cort with compelling evidence
that he had received an abusive email from another Talossan citizen,
the Cort has determined that the email in question did not violate the
laws cited by the Petitioner. The email received by the Petitioner was
clearly abusive, but it did not use—as the law requires—any obscene,
lewd or profane language or the suggestion of any lewd or lascivious
act.
Article XVI: Section 6 of the Organic Law directs the Cort to "consent
to hear no case until presented with written evidence by the
Prosecution proving to a majority of court members that a reasonable
chance of obtaining a conviction actually exists." Because the
evidence and argument presented by the Petitioner did not convince the
Cort that there was a reasonable chance of obtaining a conviction
under the laws cited, the Cort has rejected his petition to hear the
case.
MARCH 2006 CASE FILED BY MARTUC
June 20, 2006
Decision by Justice Siervicül and Justice Lauriéir, joined by Senior
Justice Ián A. von Metáiriâ
Justices Siervicül and Lauriéir delivered the decision of the Cort:
On March 27, 2006 Ups Antônio Martüc (hereafter the Petitioner)—a
citizen of the Kingdom of Talossa at that time—petitioned the
Uppermost Cort to hear a case. In the case filed, the Petitioner
sought to bring criminal charges against another citizen for violation
of Talossan laws under Wisconsin statute 947.0125, "Unlawful use of
computerized communication systems".
After careful consideration of the evidence presented by the
Petitioner and the relevance and applicability of the laws claimed to
have been violated, the Cort has decided not to hear the case. Under
Article XVI: Section 6 of the Organic Law, the Cort is required to
supply the Petitioner or Plantiff whose case it refuses to hear, a
written justification of such refusal.
While the Petitioner did present the Cort with compelling evidence
that he had received an abusive email from another Talossan citizen,
the Cort has determined that the email in question did not violate the
laws cited by the Petitioner. The email received by the Petitioner was
clearly abusive, but it did not use—as the law requires—any obscene,
lewd or profane language or the suggestion of any lewd or lascivious
act.
Article XVI: Section 6 of the Organic Law directs the Cort to "consent
to hear no case until presented with written evidence by the
Prosecution proving to a majority of court members that a reasonable
chance of obtaining a conviction actually exists." Because the
evidence and argument presented by the Petitioner did not convince the
Cort that there was a reasonable chance of obtaining a conviction
under the laws cited, the Cort has rejected his petition to hear the
case.