Refiling this case, because the former Justice Windjammer's motion to dismiss was completely improper for a multitude of reasons:
1) The Southern Circuit Court is a court of original jurisdiction. This is not a situation where the court does or does not grant certiorari, judges must hear cases presented to them. To that end, the motion to dismiss was not requested by either party, neither the prosecution, nor defense. The former Justice Windjammer made such a ruling unilaterally.
2) Dismissing a case for "lack of evidence" before the empaneling of a Grand Jury was improper for several reasons:
a) The order was entirely premature. In past cases, Atlasian courts have not expected that all evidence be presented immediately. Evidence has been allowed to be added and amended after the empaneling of a grand jury (which has not yet occurred in this case).
b) Even assuming there was a lack of evidence, there was no opportunity given to remedy the apparent lack of evidence.
c) The whole point of a Grand Jury is to determine if there is sufficient evidence for an indictment. Why do we even have grand juries if a justice is going to usurp this authority?
3) Former Justice Windjammer made several factual determinations, when it was entirely improper for him to do so. The former Justice's unilateral conclusion that "there were clearly no intentions to harm this person or to "stalk" him" are factual conclusions that must be reached by a jury. If judges are allowed to unilaterally make determinations of fact in criminal cases, why do we even have juries?
4) Former Justice Windjammer was mistaken as to key facts of the case when making his order to dismiss. Former Justice Windjammer falsely and carelessly claimed that LouisvilleThunder posted these messages on conservacord, when neither the prosecution or defense has made such a claim (not to mention that if these messages had been on conservacord, they would have been discoverable in 2021, so the former Justice should have known that).
5) Res judicata does not apply because former Justice Windjammer is not a Justice of the South and accordingly cannot create precedent on the South, nor was this case decided on the merits.
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I move that the remaining juror be selected so that a grand jury can be empaneled. I will have a finalized indictment ready for grand jurors to vote on by the end of the week.
Filed in the Circuit Court of the South
I am bringing suit against LouisvilleThunder in the Circuit Court of the South for violating the Lee-Jackson-Davis Criminal Reform Act by stalking the real life person of another Atlas user:
The proper court for this case is the Circuit Court of the South because this is a case of a Southern citizen against another and only concerns Southern law. The dual sovereignty doctrine, the fact that the evidence was not discoverable in 2021, and the fact that LouisvilleThunder is not being charged for the act Doxxing means that double jeopardy does not apply.
I request that LouisvilleThunder state his plea under oath.
With due respect to the justices of the court, I do not see how LouisvilleThunder's comments can unambiguously be considered as "gossiping." Defendant's gleeful characterization of himself (or Ishan) as an "evil little genius" for finding out this information implies that the defendant intended to use the information (or use the threat of releasing it) to advantage himself, which he then actually did in June. Is it really an open and shut case there was no harm intended from the available evidence?
LouisvilleThunder's later actions show he did intend to harm and should in part inform how to view his comments in February of 2021. In June of 2021, after losing a very close Presidential election (where the target of his stalking played an instrumental role in his defeat) LouisvilleThunder posted on lokccord "who is [insert real life name of stalking victim]?", despite already knowing the answer to that question himself, and knowing that his target knew that he knew - a clear attempt at either intimidation or vindictive harm.
Not only should this question be a jury determination - but dismissing a case for "lack of evidence" at this stage runs contrary to how this court has operated in the past. A grand jury has not even been empaneled, so it is premature to dismiss this case. Is the court saying that all evidence must be presented before the grand jury is empaneled? Do I need to refile with a more comprehensive indictment?
To that end, I request you rescind your order dismissing the case.
Also, to Justice Windjammer specifically, these messages were not sent on conservacord, they were DMs between LouisvilleThunder and another atlas user. Please delete and retract the slanderous accusation that conservacord tolerates this kind of stalking, which it never has. LouisvilleThunder did this on his own volition, it is insulting and wrong to try to smear the atlas right as tolerating this kind of conduct to occur on conservacord.
