Stevens brags all the time about his "successes". Since virtually all of them are low-level stuff like traffic violations, they are hard to track, especially since Stevens redacts identifying information such as names, courts and docket numbers. Every now and then, it is possible to dig up the original docs. When that happens, I am sure that the readers will be shocked to learn that the cases fall into one of two groups: either the "success" is due to a cop not showing (both literally and figuratively), or Stevens' position actually lost. Stevens and his little band of sycophants vilify anyone who points this out. And Stevens most definitely charges for his "advice".
Anyway, one Jennifer R. Leeson was arrested in Lewis County, WV, and charged with speeding and driving without a license. As Stevens tells it:
He posts a redacted copy of the order, but with enough info to find the case.there was a trial where no evidence of jurisdiction and an element of the charge was presented. There was also no witness with personal knowledge the constitution and code applied just because they were physically in West Virginia.
After the judgment of guilty, they filed a motion to dismiss/vacate on grounds there was no evidence proving jurisdiction and an essential element of the charge. Not only was the motion granted, it dismissed the charges with prejudice. That’s two significant points; it was after a sham trial and it’s with prejudice, meaning it cannot be brought back, it’s a decision on the merits. The prosecution did not have evidence to prove jurisdiction (and an essential element of charge) and cannot bring the same charge against them, it’s now res judicata
Miller time, right? It's all over, more proof that Stevens is a legal genius.
That order (link to unredacted copy) looked very strange to me. First of all, it labels Leeson as the "alleged defendant". WTF? Further, when one looks at the motion that the order purports to grant, it's abject bullshit. What's going on here?
The best I could figure it out: WV has a system of de novo trials in the Circuit Court for defendants whom the Magistrate's Court convicts of a misdemeanor. We knew that Leeson had been convicted by a Magistrate (one Michael Gissy) and appealed to the Circuit Court. The only thing that made any sense was that the appeal was dismissed, not the original charge. That wasn't a perfect explanation - "alleged defendant"? "with prejudice"? - but it was the best available. I posted it on Stevens' board.
Man, did that ignite a firestorm. I was the biggest asshole since Jeffrey Dahmer. Scroll down from my post. And, of course, they all kiss Stevens' ass. I was also the subject of a few Stevens blog posts, such as "Wesley Serra - Disgraceful New York Lawyer" and "Cherry Picking Liar Wesley Serra" and (earlier) "Habitual Lying Attorney - Wesley M. Serra". Please don't anyone tell Stevens that the only reaction I get is "Man, you must be doing something right."
While the above seemed to be the most likely explanation, that order still bothered me. It no longer does.
A couple of weeks ago, the same judge entered this order. After the de novo bench trial, Leeson told the judge that she wished to dismiss her appeal. The judge said fine, and she submitted an order the judge signed. However, she sneaked in an order not dismissing the appeal, but rather dismissing the case. I wonder if Stevens had anything to do with that. Of course, it certainly would be better if judges didn't just sign orders without reading them, especially proposed orders that the parties submit. Still, I note that my recreation of events - without the benefit of an order from two weeks ago - was on target.
The judge then went on to render a written decision on the de novo trial he conducted, again finding Leeson guilty and imposing sentence. Submitting a false order could clearly constitute a contempt, but the judge at this point probably just wishes this all would go away.
And Stevens is again 0-for-everything.
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