Shrout, Winston

[notorial dissent]

Is a Plea in Bar even a real thing, or just some random magic words that Winny has come up with?

[NYGman]

Is a Plea in Bar even a real thing, or just some random magic words that Winny has come up with?

I thought it was what he did when trying to pick up a woman in a drinking establishment.

Should add, probably with the same result, epic fail!

[KickahaOta]

Is a Plea in Bar even a real thing, or just some random magic words that Winny has come up with?

A plea in bar is a plea that essentially says "Whether or not I committed the acts I am accused of, this trial cannot go forward."

The two typical pleas in bar are double jeopardy ('I have already been convicted or acquitted of this conduct so you can't put me through this again'), and pardon ('The executive branch has already formally forgiven me of this conduct').

So yes, a plea in bar is a thing. Of course, there's nothing in the document that seems to come within long-stick-poking distance of the actual meaning of a plea in bar.

[The Observer]

Maybe he meant a plié at the ballet bar?

[Jeffrey]

No that's the Plea in Bar he filed 3/25, the new one is a Notice of Default for that plea in bar filed 4/18.

In other words, he thinks because they dismissed the plea in bar it's a default.

[Chaos]

it would be embarrassing to pee in the bar so I try to make it to the bathroom.

[Jeffrey]

Shrout's pre-trial conference was today. Trial starts on the 7th.

Ears open.

[wserra]

Nope. October 11.

[Jeffrey]

Aw hell

The 6/07/2016 Jury Trial is STRICKEN and Jury Trial is RESET for 10/11/2016 at 09:00AM before Judge Robert E. Jones in Portland Courtroom 10A.

[LightinDarkness]

This is obvious to the lawyers, but for us non-lawyers - what does a trial being "RESET" mean? Versus a continuance? Is there anything to stop Shrout from seeking a continuance at the October date?

[NYGman]

This is obvious to the lawyers, but for us non-lawyers - what does a trial being "RESET" mean? Versus a continuance? Is there anything to stop Shrout from seeking a continuance at the October date?

Sorry, couldn't help myself...

I think it just relates to the re-setting of the date at issue. Perhaps there was a conflict, but I don't believe this is a change in status. Just a date reset

[Jeffrey]

Decision is explained thusly:

The court specifically finds, in granting the motion, that the ends of justice served by taking such action outweigh the best interests of the public and defendant in a speedy trial because the additional time is necessary to afford defense counsel sufficient time to investigate the facts of this case, to negotiate with the government, and to prepare for pretrial motions and jury trial, if necessary. The parties are to notify the court by 9/26/2016 as to whether or not this case is expected to go to trial.

All sorts of stuff I hadn't seen prior because I was looking at the wrong docket, including Shrout trying to get a "William C. Kerr" to be expert witness and Kristin Emminger, who appears to be a CPA that works for the IRS.

[The Observer]

...Kristin Emminger, who appears to be a CPA that works for the IRS.

She is a revenue agent for the IRS. She could be a CPA as well, revenue agents are encouraged by the IRS to obtain their CPA credentials/licensing.

[notorial dissent]

In other words, Shrout screwed around and didn't get defense council until the last minute and the judge is letting them have time to prepare. I kind of wondered what would happen since I was under the impression he was going pro per, or whatever he calls it. Must have gotten cold feet or cooler heads prevailed.

[LaVidaRoja]

Could be an old switcheraroo. Get Counsel. Tell counsel exactly how you expect them to handle your case. Counsel withdraws. Get another continuance because you no longer have counsel.

[Burnaby49]

Could be an old switcheraroo. Get Counsel. Tell counsel exactly how you expect them to handle your case. Counsel withdraws. Get another continuance because you no longer have counsel.

That worked for Porisky for years.

[notorial dissent]

Could be an old switcheraroo. Get Counsel. Tell counsel exactly how you expect them to handle your case. Counsel withdraws. Get another continuance because you no longer have counsel.

Or that too!!!! I was kind of surprised that he would have gone with council, but it would make sense after the loads of codswallop he has been filing. I certainly wouldn't put it past him to do just that and then have irreconcilable differences come Oct. I think even Shrout knows his BS won't actually fly come trial time.

[wserra]

Shrout is pro se. The Federal Defender is stand-by counsel. The language in the minute order is boilerplate.

[fortinbras]

Evidently Shrout is pulling a typical crank stunt of dumping lawyers (which happens in a variety of ways, including firing lawyers, demanding lawyers do something impossible/illegal/ridiculous, telling the lawyer that he will perjure himself on the witness stand, refusing to communicate at all with the lawyer), and then asking for more time to either get another lawyer or to prepare to handle his case himself. In light of severity of the possible sentence, and the prospect of an appeal if the judge doesn't postpone the trial, the judge will probably postpone the trial date once or twice. Beyond that, the judge may tell Shrout that on such-and-such date the trial will start, with or without a lawyer representing Shrout and it's Shrout's responsibility to be ready.

[wserra]

Guys - read the docket. What you discuss definitely happens, but isn't happening here. The groyse chochem is pro se.