Attn Justices: Atlasia v. Benconstine
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  Attn Justices: Atlasia v. Benconstine
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Author Topic: Attn Justices: Atlasia v. Benconstine  (Read 15668 times)
Хahar 🤔
Xahar
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« on: December 17, 2008, 06:36:31 PM »

I would like to bring the case of Atlasia v. Benconstine to the court's attention. Further information available here: https://uselectionatlas.org/FORUM/index.php?topic=88837.0

I ask that Peter and other moderators with proof and/or information on the case appear as witnesses.
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Peter
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« Reply #1 on: December 17, 2008, 06:40:45 PM »

I strongly recommend he is read his rights in public and given a clear chance to exercise his right to counsel.
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DownWithTheLeft
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« Reply #2 on: December 17, 2008, 06:42:01 PM »

I ask that Xahar recuse himself from the case given the fact that he is also been proven to have posted from two accounts from his computer
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Associate Justice PiT
PiT (The Physicist)
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« Reply #3 on: December 17, 2008, 06:55:35 PM »

     Wait, what has happened?
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Kaine for Senate '18
benconstine
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« Reply #4 on: December 17, 2008, 06:59:26 PM »

Peter has agreed to be my counsel.
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Peter
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« Reply #5 on: December 17, 2008, 07:04:02 PM »

I post to state I have agreed to be counsel to ex-Governor BenConstine. I await the beginning of formal trial proceedings.
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bullmoose88
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« Reply #6 on: December 17, 2008, 08:59:39 PM »

What is the defendant charged with?  A federal crime?  If so what is it? A regional crime?
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Хahar 🤔
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« Reply #7 on: December 17, 2008, 09:04:20 PM »

Voter fraud (CCJA, Section 1, Clause 3)
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GMantis
Dessie Potter
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« Reply #8 on: December 20, 2008, 04:37:11 PM »

How will the jury be selected?
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Хahar 🤔
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« Reply #9 on: December 20, 2008, 04:42:25 PM »

Randomly among resident sof the region where the offense took place.
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GMantis
Dessie Potter
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« Reply #10 on: December 20, 2008, 04:45:00 PM »

The Populist was registered in the Southeast, so didn't the offense took place there?
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Хahar 🤔
Xahar
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« Reply #11 on: December 20, 2008, 04:48:15 PM »

Possibly. A case could also be made that since Ben was in the Mideast, the crime took place there.
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Franzl
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« Reply #12 on: December 20, 2008, 05:26:24 PM »

how do we do "random" selections?
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Kaine for Senate '18
benconstine
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« Reply #13 on: December 20, 2008, 05:29:12 PM »


Xahar picks the people he thinks will be most likely to convict me.
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Meeker
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« Reply #14 on: December 20, 2008, 05:31:36 PM »


Xahar picks the people he thinks will be most likely to convict me.

Slander.
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Franzl
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« Reply #15 on: December 20, 2008, 05:32:39 PM »
« Edited: December 20, 2008, 05:36:33 PM by Franzl »


Xahar picks the people he thinks will be most likely to convict me.

No offense Ben....but I don't really think the conviction will depend on the jurors....(at least not if they're somewhat objective)....I was only interested in the selection process.
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minionofmidas
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« Reply #16 on: December 20, 2008, 05:33:50 PM »

https://uselectionatlas.org/AFEWIKI/index.php/Jury_Selection_Act
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Хahar 🤔
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« Reply #17 on: December 20, 2008, 05:59:15 PM »
« Edited: December 20, 2008, 06:05:09 PM by Attorney General Xahar »


Xahar picks the people he thinks will be most likely to convict me.

I wasn't aware that the prosecutor chose the jury.

Southeastern Jury Law
Mideastern Jury Law
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DownWithTheLeft
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« Reply #18 on: December 20, 2008, 07:18:37 PM »

The crime was committed in the Southeast, the region where The Populist was a resident.  He voted in the election as a member of the Southeast
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Sam Spade
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« Reply #19 on: December 20, 2008, 08:04:16 PM »

It appears that I have been assigned to handle this case per the CJ.

Obviously, I want to begin the hearings, trial, etc. as soon as possible, but I won't be able to do so until later tonight or tomorrow and I want to make sure everything is done by the book, so to speak.

We appear to have an issue concerning where the offense took place for purposes of jury selection.  I can't seem to pull up the Wiki right now, but when I can I'll review what needs to be done.

I would also advise the defendant to allow his attorney to do the talking for him now that he has one.  Loose lips sink ships.

I believe that's all for now.  (bangs gavel)
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HappyWarrior
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« Reply #20 on: December 20, 2008, 08:29:41 PM »

The crime was committed in the Southeast, the region where The Populist was a resident.  He voted in the election as a member of the Southeast

Agreed
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Sam Spade
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« Reply #21 on: December 21, 2008, 02:57:52 PM »

I call this court to order for the moment.

First things first.  It appears that the defendant has been charged with voter fraud under the CCJA, Art. 1, Sect. 3.  Counsel, how will the defendant plead?

Simultaneous to that occurring, I will be ruling on where the offense occurred for purposes of this trial and how this relates to jury selection.

Article 3, Section 2, Clause 1 of the Constitution states in pertinent part:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the region wherein the crime shall have been committed, which region shall have been previously ascertained by law.

The most recent jury selection statute on the books is the Jury Reform Act (not the Jury Selection Act), which states in pertinent part:

All juries empanelled for the purposes of trying crimes in the Republic of Atlasia shall be composed of five jurors, who shall all be registered voters in the Region of the Republic of Atlasia in which the defendant is resident and without previous convictions.

https://uselectionatlas.org/AFEWIKI/index.php/Jury_Reform_Act

Former Justice Ernest, in the trial of Atlasia v. Keystone Phil, observed this, when making the decision of where to impanel jurors for that case on highly similar facts:

"...since the alleged offense involved establishing a second registration in the state of Ohio, I find that alleged offense took place in the Mideast Region (the region where the illegal registration took place, not the Northeast Region (the region where Keystone Phil resided)."

Similarly here, the registration took place in the Southeast Region and benconstine is a resident of the Mideast Region.

The Statute and the Constitution thus give us different results on which region jury members should be empanelled from.

However, in my world, Constitution trumps Statute, and I therefore conclude that since the alleged offense took place in the Southeast Region, jury members shall be empanelled from that Region.

If SoFA EarlAW could provide me a list of all residents of the Southeast and the elections in which they last voted, then I will begin jury selection if and when the defendant enters his plea.  That's all for now.

{bangs gavel}
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GMantis
Dessie Potter
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« Reply #22 on: December 21, 2008, 03:11:02 PM »

The outcome of the trial has just been decided (unless Xahar steps down).
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Hatman 🍁
EarlAW
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« Reply #23 on: December 21, 2008, 03:18:04 PM »

I will be preparing said report presently. Do you wish to have it public, or would you rather it be PMed to you?
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Hatman 🍁
EarlAW
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« Reply #24 on: December 21, 2008, 03:41:02 PM »

Well, I've completed the list, so I will present it here.

Justice Spade, you weren't clear as to what elections you were referring to, so I assumed federal. I can provide regional races as well.

Registered Voters of the Southeast and their last federal election voted in. (Not including December)
AHDuke99          November Special
Andy Jackson          November Special
Bacon King          November Special
Bob Dole                  November Special
Bono             June
brandonh          November Special
Cookies and Milk      August
dabeav                  August
Daniel Adams               November Special
downwithdaleft       October
dubya2004          April
DWPerry                  June
ExplodingClowns        New
gporter                  October
John Dibble          October
josh4bush          August
kingofthebenchpress    April
Lucysbeau          August
Matchu [D]          June
North Carolina Yankee    New
PiT (The Physicist)       October
Sam Spade          October
The Populist          New
TJN2024                  June

List does not include spoiled ballots
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