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Post by Avocat-Xheneral on Jan 7, 2018 23:33:29 GMT -6
Ministry of Justice Office of the Attorney General
To the Clerk of the Cort and the Esteemed Justices of the Uppermost Cort of the Kingdom of Talossa: I, Viteu Marcianüs, Attorney General for the Kingdom of Talossa, do hereby move the Uppermost Cort of the Kingdom of Talossa to vacate the conviction of ERIC S. BÖRNATFIGLHEU for the reasons set forth in the affixed petition. Upon request, I can file a supplemental memorandum of law. Attachment: In the Matter of ERIC S. BRNATFIGLHEU..pdf (164.69 KB) Viteu Marcianüs Avocat-Xheneral Ministry of Justice The Kingdom of Talossa
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Ián Tamorán S.H.
Chief Justice of the Uppermost Court
Proud Philosopher of Talossa
Posts: 1,401
Talossan Since: 9-27-2010
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Post by Ián Tamorán S.H. on Jan 8, 2018 16:34:03 GMT -6
I make myself available to the Cort as needed, to consider this petition.
Be it noted that although, in earlier postings, I offered stepping down from my position as Justice, that offer was not officially accepted. Therefore, in my belief, I am still Senior Justice of this Uppermost Cort.
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Post by Avocat-Xheneral on Jan 8, 2018 16:59:00 GMT -6
It is the position of the Attorney General that Chief Justice Tamorán remains Chief Justice of this Cort. As such, and considering the involvement of other justices in the initial trial, the Attorney General sees no reason as to why the honorable Justice should not consider this petition.
Therefore, the Attorney General raises no objection and consents to Chief Justice Tamorán's presiding over the instant petition.
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Ián Tamorán S.H.
Chief Justice of the Uppermost Court
Proud Philosopher of Talossa
Posts: 1,401
Talossan Since: 9-27-2010
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Post by Ián Tamorán S.H. on Jan 10, 2018 16:07:39 GMT -6
The Cort has received the Petition For Postconvititon [sic] Relief, in the Matter of Eric S. Börnatfiglheu, and consents to hear this case.
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Post by Avocat-Xheneral on Jan 11, 2018 9:57:15 GMT -6
I beg the Cort's forgiveness for any typos in my submissions. At the Cort's request, I can file an amended petition.
In any event, if the Cort intends to request any additional submissions, petitioner respectfully request such briefs be submitted as well as set forth a schedule of due dates, any arguments, and expected decision.
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Ián Tamorán S.H.
Chief Justice of the Uppermost Court
Proud Philosopher of Talossa
Posts: 1,401
Talossan Since: 9-27-2010
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Post by Ián Tamorán S.H. on Jan 12, 2018 15:00:42 GMT -6
The Cort thanks the Avocat-Xheneral for his offer. Errare humanum est. The Cort does not at this time require any minor typographical errors in the submitted documents to be corrected. If at some subsequent stage any interpretation is impeded by such errors, then resubmissions will be requested.
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Ián Tamorán S.H.
Chief Justice of the Uppermost Court
Proud Philosopher of Talossa
Posts: 1,401
Talossan Since: 9-27-2010
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Post by Ián Tamorán S.H. on Jan 12, 2018 18:09:36 GMT -6
This Justice has some initial points which all those concerned with this case may wish to read. The attached document (ESB Petition for Relief first discussion.pdf (80.07 KB)) outlines just some of the questions that need to be considered in this case. Comments upon the contents of this document are welcomed within the stipulations stated therein.
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Post by Avocat-Xheneral on Jan 12, 2018 18:52:50 GMT -6
My Lord Chief Justice,
Petitioner is in receipt of the Cort's filing entitled "ESB Petition for Relief first discussion" and shall file a brief to address the points set forth therein.
Nevertheless, as the Cort has invited commentary, Petitioner requests clarification as to the scope of the commentary that may be filed (i.e., is it limited to the parities or is it broader?). If the Cort wishes to open this up for commentary from the public, Petitioner shall register an objection as unnecessary. Nevertheless, if this Cort should overrule said objection, petitioner requests a narrowed approach that would only allow certain individuals to file amicus curiae, provided said amicus curiae is limited to arguments not previously raised but material to the points in dispute. As such, the amicus curaie should identify what parts of the relevant but not previously addressed arguments it seeks to address, how it goes to the merits of the points raised, whether said commentary supports or opposes, and refrain from engaging in a debate. Further, Petitioner firmly opposes any determination that permits nonparties to make oral arguments before the Cort.
Viteu Marcianüs Avocat-Xheneral Ministry of Justice The Kingdom of Talossa
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Ián Tamorán S.H.
Chief Justice of the Uppermost Court
Proud Philosopher of Talossa
Posts: 1,401
Talossan Since: 9-27-2010
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Post by Ián Tamorán S.H. on Jan 14, 2018 8:16:04 GMT -6
The Cort thanks the Avocat-Xheneral for his request for clarification, and apologises for any lack of clarity in the filing entitled "ESB Petition for Relief first discussion".
As the Avocat-Xheneral has indicated in his request, the invitation to comment upon that document is to only those who were party to the original hearing. The Cort agrees that amicus curiae, where permitted by this Cort, shall be limited to arguments not previously raised but material to the points in dispute. As such, the amicus curiae should identify what parts of the relevant but not previously addressed arguments it seeks to address, how it goes to the merits of the points raised, whether said commentary supports or opposes, and refrain from engaging in a debate. In addition, the Cort will accept brief, non-debatable statements about the specific meanings of words, where doubt about those meaning have been previously and expressly raised.
The freedom of speech that we so fortunately enjoy in Talossa permits any member of the public to make elsewhere (outside of this Cort) whatever remarks upon that document and this case as they wish. But it must be clearly understood that firstly, such remarks made outside of this Cort have no bearing whatsoever upon this case, and secondly, that any party may apply, formally, to this Cort for permission to be heard, and must accept that such permission may or may not be granted. Our honourable citizens do not, I trust, need reminding of the seriousness of any attempted contempt of Cort.
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Post by Avocat-Xheneral on Jan 15, 2018 17:20:49 GMT -6
My Lord Justice, Thank you for clarifying and narrowing the order. For transparency, I am disclosing to the Cort that I will contact defendant, E.S. Bornatfiglheu , to inquire as to whether he has retained counsel, and if so, will then advise counsel (or if he has not, advise him), that the Cort has invited him to comment as to its inquiry. Further, it is my understanding that your order would permit then Attorney General, Magniloqueu Épiqeu da Lhiun , to also comment. I am unsure if he is a member of the bar, but, in compliance with your order, the AG will not oppose permitting his commentary within the confines of the Cort's order, although the AG continues to maintain the general objection. Finally, the AG begs the Cort's indulgence and understanding to the following aspect - while I had begun drafting a response with the intention to post this weekend, I felt it was desirable to enjoy the weekend with my spouse, who endures enough of my busy schedule, and focus my time on him. While this would've meant I would finish tonight, in addition to having a huge assignment due at work this week, I also have my bar admission interview early and then, assuming there is no issue, my swearing in ceremony later this week. To that extent, I request permission to file a reply to the Cort's inquiry by early next week. Viteu Marcianüs Avocat-Xheneral Ministry of Justice The Kingdom of Talossa
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Post by Magniloqueu Épiqeu da Lhiun on Jan 15, 2018 20:17:49 GMT -6
Your Worship,
I beg your indulgence and forgiveness for barging into your court room; I would like to make certain that, if this Court require me to testify, or to submit an amicus brief to clarify any points about the conduct and background of the investigations and prosecution pertaining unto this matter in my capacity as former Attorney-General, I will gladly make myself available.
I am a duly admitted, and practicing Junior Member of the Royal Talossan Bar.
I apologise again for the intrustion. Voastra Þämnic'hþ,
piedéu calçаmaintsch es ignhoschençă qe darc'haveu în acest éisteac'ht; atqueschadreu àl gCort qe, schi c’e resquiradra qe testificadreu, eda qe presentadreu ün mbreif dad asemþar per à clarificarh ingen remarcavalità på la holdaziun es el ndavant dallas inqestăs eda la phrosecutaziun dad această fhacendă dürant v’fhitonçă come Avocat-Xheneral, guxhient me dispunetz.
Eu sînt ün Mîmbreu Xhugnhör da l’Avocatür Rexhital ordinadămînt aðmiçat es pratiçînd.
Apoloxheu ün altreu fhäts per l’intruçiun.
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Ián Tamorán S.H.
Chief Justice of the Uppermost Court
Proud Philosopher of Talossa
Posts: 1,401
Talossan Since: 9-27-2010
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Post by Ián Tamorán S.H. on Jan 16, 2018 4:58:49 GMT -6
This Cort assures the Avocat-Xheneral that there is, as yet, no requirement for rapidity in posting responses. This is not a simple case, and many considerations have to be made, which inevitably take some time.
Justice Ián Tamorán S.H.
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Ián Tamorán S.H.
Chief Justice of the Uppermost Court
Proud Philosopher of Talossa
Posts: 1,401
Talossan Since: 9-27-2010
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Post by Ián Tamorán S.H. on Jan 16, 2018 5:06:33 GMT -6
The Court thanks S:r Magniloqueu Épiqeu da Lhiun for his statement, and notes with approval his offer.
It must, however, be remembered by all citizens or others associated with this case, and within the jurisdiction of the Talossan Corts, that should this Cort require their presence, then their presence (or that of their counsel or other representative) must take place, or its absence be applied for, and discussed, in open Court.
Justice Ián Tamorán S.H.
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King John
King of Talossa
Posts: 2,415
Talossan Since: 5-7-2005
Knight Since: 11-30-2005
Motto: COR UNUM
King Since: 3-14-2007
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Post by King John on Jan 17, 2018 12:00:52 GMT -6
If it please this honourable Cort,
I was not a party to the original case, except insofar as my Government prosecuted the case. But this petition makes mention of me many times, including accusations of misbehaviour and several false assertions as to my actions. At some point, I believe I should be consulted. I can file an amicus curiae brief, if that seems best, or wait to be questioned.
Many thanks,
John Regeu
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Ián Tamorán S.H.
Chief Justice of the Uppermost Court
Proud Philosopher of Talossa
Posts: 1,401
Talossan Since: 9-27-2010
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Post by Ián Tamorán S.H. on Jan 17, 2018 12:43:15 GMT -6
This Cort thanks His Majesty for his offer.
It is indeed the case that His Majesty is mentioned several times, both in this petition and its accompanying documents, and in the original case to which it refers. His Majesty will indeed be consulted, and will be requested to appear for questioning in due course.
Justice Ián Tamorán S.H.
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