Dorean Trial II

[Scott from Vineland]

Matter continued to 2/5/08 at 2:00pm for
sentencing.

Well, I guess I'd better get back to my small but vital role in creating more vapor money for my keepers. Talk to you all in February.

[neodemes]

He did get one thing right:

I should have added that Neodemes, along with ND, keeps trying to point out the errors of logic (and, in Neo's case, the errors in theology). But Neo, why beat your head agains the wall?

Because it feels so good when I stop!

[neodemes]

Matter continued to 2/5/08 at 2:00pm for
sentencing.

Well, I guess I'd better get back to my small but vital role in creating more vapor money for my keepers. Talk to you all in February.

Don't be a stranger, eh?

[Scott from Vineland]

I will poke my head out from under my slimy banker rock from time to time, just to see what y'all are talking about.

[nobodyknows]

Actually, sentencing has been moved to March 18, 2008, for all four Defendants.

[Scott from Vineland]

NK,

Thanks for the update.

[nobodyknows]

Need some assistance:

Does anybody know where I can find a copy of an Order granting preliminary injunction dated 8/1/2005 against Dorean? I believe it was done prior to the indictment. I also need to find out if anybody (clients) actually participated in the "remedy" to repair their title to the house, as required by the court.

Any assistance is appreciated.

[Prof]

Need some assistance:

Does anybody know where I can find a copy of an Order granting preliminary injunction dated 8/1/2005 against Dorean? I believe it was done prior to the indictment. I also need to find out if anybody (clients) actually participated in the "remedy" to repair their title to the house, as required by the court.

Any assistance is appreciated.

You will need access to PACER for the ND of California. There is a companion civil case in which the issues you are concerned about are addressed. These issues do not appear in the criminal case, as far as I know. PACER is relatively inexpensive, but searching the numerous documents, downloading, etc., will take time and about $50 or so dollars in charges, at 8cents a page.

[Judge Roy Bean]

Need some assistance:

Does anybody know where I can find a copy of an Order granting preliminary injunction dated 8/1/2005 against Dorean? I believe it was done prior to the indictment. I also need to find out if anybody (clients) actually participated in the "remedy" to repair their title to the house, as required by the court.

Any assistance is appreciated.

At last look, nearly forty people had filed motions with the court to rescind their trusts and after some back and forth (mostly to assure that any/all interested parties had been formally served and didn't object), the motions were granted.

The list was growing by about one or two a week.

[nobodyknows]

Thanks folks. I found what I needed!

[nobodyknows]

Looks like K&S have filed a motion for acquittal. Like that's gonna happen.

[notorial dissent]

Of course they did, and they probably included some special settlement voucher or something in it as well, wonder how many gazillion dollars from the treasury it will be for this time. My bet is that it will be as entertaining as all the rest of their "learned" legal issuances. The quesion will be will anyone be able to decipher it.

[nobodyknows]

It's amazing, in reading Kurt's blog, according to him, he had them "right where he wanted them" and the entire trial went their way. I smell an appeal. Isn't it basically up to the judge whether there is good cause for an appeal? Please correct me if I'm wrong.

[Judge Roy Bean]

It's amazing, in reading Kurt's blog, according to him, he had them "right where he wanted them" and the entire trial went their way. I smell an appeal. Isn't it basically up to the judge whether there is good cause for an appeal? Please correct me if I'm wrong.

No, Alsup can't preclude an appeal. But they would have to point out a significant flaw in Alsup's handling of the case, his rulings on any of their objections or more likely something they don't like in his instructions to the jury. Nothing I've seen in what is available on PACER is much more than a garden-variety, carefully adjudicated criminal case - except it's one where the defendants were kooks who harbor fantasies about the law.

If anything they file in an appeal has any similarity to the other nonsense they kept trying, even the 9th would have a hard time construing it as anything but frivolous. Which, of course, Kurt's dad will chalk up to an even more devious banking conspiracy.

The show must go on, I guess.

[nobodyknows]

If they file an appeal, how long would it take the 9th Circuit to rule?

[Prof]

If they file an appeal, how long would it take the 9th Circuit to rule?

About a year. The notice of appeal must be filed. The Record must be designated, usually including a transcript of the trial and pre-trial hearings. Once the Record is docketed in the 9th Cir., the Appellant must file its brief; the Appellee responds in 30 days; the reply briefs, if any, are filed. Then, in its own good time the Circuit will rule. I recently filed a Motion to Dismiss an Appeal as Moot in the 5th, and it took 6 months for the 5th to rule on the Motion (which was denied) so I briefed the case and am now waiting for a ruling (on mootness among other things).

[nobodyknows]

So they could inevitably hold up their own sentencing for as long as a year due to their appeal? What about the other two Defendants who were supposed to be sentenced at the same time? Would their sentencing be held up as well? Now, I am assuming they already made a deal, so would they be sentenced anyway?

[Demosthenes]

So they could inevitably hold up their own sentencing for as long as a year due to their appeal? What about the other two Defendants who were supposed to be sentenced at the same time? Would their sentencing be held up as well? Now, I am assuming they already made a deal, so would they be sentenced anyway?

The appeal won't delay the sentencing at all.

[Dr. Caligari]

So they could inevitably hold up their own sentencing for as long as a year due to their appeal? What about the other two Defendants who were supposed to be sentenced at the same time? Would their sentencing be held up as well? Now, I am assuming they already made a deal, so would they be sentenced anyway?

In a federal criminal case, a defendant can't appeal until after they're sentenced. The appeal is from the "final judgment" of the trial court, which includes both the verdict of guilty and the sentence. This makes sense, because many appeals challenge both decisions made by the judge during the trial and decisions made in the course of sentencing, and it is cheaper and faster for the appeals court to consider both sets of issues at the same time.