Sean David Morton at sea

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noblepa
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Re: Sean David Morton at sea

Post by noblepa »

Gannibal wrote: Tue Oct 16, 2018 3:49 pm Minor update. SDM's extended deadline for filing his initial brief was October 4. He missed it. On October 10 he filed a one-page request for a further extension so that he could brief newly-discovered "exculpatory evidence." (If any non-lawyers aren't already aware, that's a huge red flag. Appellate courts don't consider new evidence, so he's basically blown off his deadline for no reason.) He thought he'd be able to get it in within a few days, but he hasn't. No further filings or any response from the court on the docket.

Looks like he served the motion on October 4, so I'm not sure why it took so long to be filed. Nor do I have any predictions about whether the court will accept the brief at this point.
IANAL, so take this with a large grain of salt, but I thought that evidence that is truly "newly-discovered" is, in fact, grounds for an appeal. However, it must be evidence that was not known by the defense at trial. If your trial lawyer knew about a piece of evidence, but simply didn't bring it up, then it is not grounds for appeal, except maybe if you are claiming ineffective trial counsel.

What you can't do, in my understanding, is simply re-argue the same case you made at trial. There must be some error committed by the judge or truly new evidence that would have affected the verdict.
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Re: Sean David Morton at sea

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noblepa wrote: Wed Oct 17, 2018 2:25 pmI thought that evidence that is truly "newly-discovered" is, in fact, grounds for an appeal.
Not the way it works. Any grounds for appeal must be shown in the record. "Newly-discovered evidence" is, by definition, dehors the record. Newly-discovered evidence is potential grounds for a motion for a new trial. That motion is made in the trial court.
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Re: Sean David Morton at sea

Post by KickahaOta »

Or, in other circumstances, newly-discovered evidence can be handled by a petition for a writ of habeas corpus. But that starts in the trial court too.

Trial courts take evidence and hear testimony. Appellate courts deal with the evidentiary record created by the trial court.

If your argument is "The trial court excluded this evidence/testimony incorrectly", then you can make that argument to an appellate court. But in that case the appellate court is still dealing with evidence that was introduced in the trial court, even though the trial court excluded it from the record.
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Re: Sean David Morton at sea

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Does he have a PD doing the appeal, or am I remembering right that he is going pro se since he knows so much more than anyone else?
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Re: Sean David Morton at sea

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He claims to have a legal "team" working on his behalf, but if there is such a team it sounds like they're pseudolawyers. (And I suspect it's just him.)
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Re: Sean David Morton at sea

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Gannibal wrote: Sat Oct 20, 2018 2:39 am He claims to have a legal "team" working on his behalf, but if there is such a team it sounds like they're pseudolawyers. (And I suspect it's just him.)
That was my supposition. As I remember he has been running a stall since day one, which is not surprising as that is his normal course of behavior.
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Re: Sean David Morton at sea

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wserra wrote: Wed Oct 17, 2018 4:21 pm
noblepa wrote: Wed Oct 17, 2018 2:25 pmI thought that evidence that is truly "newly-discovered" is, in fact, grounds for an appeal.
Not the way it works. Any grounds for appeal must be shown in the record. "Newly-discovered evidence" is, by definition, dehors the record. Newly-discovered evidence is potential grounds for a motion for a new trial. That motion is made in the trial court.
You're forgetting that the proper venue for this was "The Morton Court". Different rules.
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Re: Sean David Morton at sea

Post by Gannibal »

Minor update: SDM's motion for an extension of time has been granted. His opening brief is now due 11/29/18, and the government's response is due 12/31/18. Any reply is due w/in 21 days of service of the response, and I'm not sure how long service takes for an inmate, but we can assume he'll want to file one and it won't be quick.

I'm glad they granted his motion. It's an exercise in futility due to SDM's insistence on playing pretend, but at least they're giving him every opportunity to grow up.
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Re: Sean David Morton at sea

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Also, some more blog posts have gone up. It sounds like the "new evidence" Morton will be bringing to the court's attention will be that a "DOJ computer" picked the jury pool, and that one of the jurors was an Obama campaign executive who infiltrated the jury to convict Morton as a strike against Trump.

IOW, conspiracy theory mumbo jumbo.
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Re: Sean David Morton at sea

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Gannibal wrote: Fri Nov 02, 2018 2:21 am Minor update: SDM's motion for an extension of time has been granted. His opening brief is now due 11/29/18, and the government's response is due 12/31/18. Any reply is due w/in 21 days of service of the response, and I'm not sure how long service takes for an inmate, but we can assume he'll want to file one and it won't be quick.

I'm glad they granted his motion. It's an exercise in futility due to SDM's insistence on playing pretend, but at least they're giving him every opportunity to grow up.
And a total waste of time and effort. At least he's in jail while he's wasting time, and hopefully not fleecing any more of the gullible.
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Re: Sean David Morton at sea

Post by TheCount »

I heard Melissa is out. Can anyone enlighten me on how federal early release works? Do they have to check in with parole/probation people? I’m sure clueless about federal criminal stuff and am old so not to good at The Google.
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Re: Sean David Morton at sea

Post by jcolvin2 »

TheCount wrote: Tue Feb 05, 2019 4:49 am I heard Melissa is out. Can anyone enlighten me on how federal early release works? Do they have to check in with parole/probation people? I’m sure clueless about federal criminal stuff and am old so not to good at The Google.
It is not really early release. Melissa has been moved to a BOP residential re-entry facility in Long Beach. This facility is essentially a half-way house - a structured environment to facilitate offender re-entry into the community. She can apply for jobs, meet prospective employers, etc., but still has to be back at the (BOP) ranch at 6 pm.
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Re: Sean David Morton at sea

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People interested in this case can hear SDM's weekly calls from prison, posted by old broadcasting partner "JP", on YouTube here: https://www.youtube.com/results?search_query=studio9jam.

His team also has a website set up, interestofjustice.org. They don't seem to be updating it, but they put some work into creating it and got a pretty good URL, so maybe they'll get back to it before long. Project Camelot posts letters from him occasionally at http://projectcamelotportal.com/categor ... id-morton/. The most recent is a request for money to help him contact his "legal" team, which he can't do for free because they aren't lawyers.

(While I think SDM's legal arguments are frivolous, I'm sympathetic on this point. Calls from prison can cost more than a dollar a minute, which is a cruel and absurdly counterproductive way to extract money from a vulnerable and poor population.)
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Re: Sean David Morton at sea

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10 . . . . . . . . . . . . . . . 2
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Re: Sean David Morton at sea

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I don't suppose anyone grabbed copies of the government's original response brief in Melissa Morton's case, did they? Looks like CA9 struck it as overlong, so it's no longer available via PACER or RECAP.* SDM has mentioned it a few times now so I'm curious what they had to say, and why they bothered to write a plus-sized brief for a case like this.

(Having looked at the docket, I'm also interested in her abortive attempt to proceed pro se. She filed a response articulating the usual arguments for ditching her lawyer--essentially, she didn't trust counsel to make the pseudolegal arguments she wanted to make--but within a few days supplemented that with a request to disregard her attempt to fire her lawyer and let her proceed with competent counsel. I'd love to learn more about what was going through her mind in those few days; I might actually just write her a letter and ask.)

* I literally just realized that RECAP is PACER spelled backwards. The name is clever and I am dumb.
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Re: Sean David Morton at sea

Post by tmtoulouse »

Assume a lot of you have seen this. But here ya go:

https://www.nytimes.com/2019/03/29/busi ... crime.html
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Re: Sean David Morton at sea

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The dumbass apparently never filed a brief. Instead, he filed this, in which he claims that "There is no reason to do a full appeal and brief because this case should be tossed out based on simple issues that are full bars and not on the merits . . . This case is barred by the doctrine of absurdity". I have no idea what he's talking about, but I'm sure the Ninth Circuit will.

I wonder how long it takes the Ninth to dismiss an appeal on timeliness? Or perhaps they'll laugh and deem that gibberish a brief.
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Re: Sean David Morton at sea

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wserra wrote: Fri Mar 29, 2019 11:05 pm "There is no reason to do a full appeal and brief because this case should be tossed out based on simple issues that are full bars
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Re: Sean David Morton at sea

Post by Gregg »

So, if I follow that logic, I can't be convicted of robbing a bank if you tell me how to rob a bank but you, for some reason, are never convicted for robbing the bank that I robbed, not you.

Gotcha.
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Re: Sean David Morton at sea

Post by Gannibal »

Minor update:

For context, SDM's brief on appeal was due late last year. Rather than filing it, he filed some motions demanding summary dismissal of his case for various pseudolegal reasons. The government never responded, and the court never ruled on them, possibly due to the government shutdown.

SDM has been doing semi-weekly calls from prison to his old broadcasting partner, predicting earthquakes and other natural disasters as a result of his being forced to leave California and explaining that he'll be released as soon as the court rubber-stamps his motions. This is either because Trump has appointed good judges or because the DOJ defaulted by not responding to them, depending on which broadcast or blog entry you're on.

What actually happened, last week, was that the Ninth Circuit denied all of his motions and set a new briefing schedule. SDM's brief is now due May 20, and the order suggests they won't grant any further extensions.

SDM has been working with a team of "paralegals," who he credits with his pointless and incompetent motions. (He also claims the clerk of the court is a fan of his, and personally advised him to file those motions in lieu of a brief; I'm naturally quite skeptical of that.) I predict he'll go back to the well and we'll get the same things he put in his motions in the form of a brief, filed over a creatively-punctuated name.

Anyway, in his own words:
In my case, at the advice of the attorney FOR the 9th Circuit, I filed SIX Dispository motions in my case, rather than my 88 page appeal, as the injustices, lies, crimes and errors committed by DOJ Deep State prosecutors Valerie Makawitz and James C. Hughes were so blatant and outrageous as to not even rise to the level of a proper appeal. These dispository motions are to DISPOSE of and EXPUNGE the case entirely. And myself and my legal team, if I do say so myself, did such excellent and exemplary work on this…all WITHOUT AN ATTORNEY or ANY assistance whatsoever from my jailers in HERE, that the motions submitted on November 21, 2018, have gone UNOPPOSED and UNCONTESTED! The FedGovScum had 10 days to respond and just gave up, left the field of battle, and by this admitted they had been caught red-handed and didn’t want to dig their graves any deeper by opening their mouths any wider!

In [SDM's wife] Melissa’s case, she has a Public Defender who put in a simple motion for no probable cause and to void the search warrant as unlawful. These Deep State demons responded with a 99 page panicked answer that was all a cut and paste job of DEEP STATE FAKE NEWS SMEAR they dug up on the Internet…that was mostly about ME! You are only allowed 3500 words and 30 pages or less for appeals and/or responses unless you can show good and lawful reasons why you need the extra length (in my case the violations went on FOREVER!) The 9th acted almost IMMEDIATELY to slap them down, call the DOJ stupid, said their rebuttal was totally UNACCEPTABLE, had little to DO with Melissa, and gave them 21 days to DO IT ALL OVER AGAIN…which is unheard of. She gets out o the HALF HELL HOUSE she is in on May 15, and the Oral hearing on her appeal is May 16th.

I waived an oral hearing as all the facts and the law, and their OWN WORDS were enough to set me free.

AND…it turns out the CLERK of the COURT is a FAN OF MINE from the STRANGE UNIVERSE radio show and the old glory days of ART BELL by when COAST TO COAST AM was a viable and LISTENABLE program before the advent of YOU KNOW WHO! SHE was shocked and horrified at what was done to me, and told us that 9th was glacially slow as molasses in Antarctica, and that my documents were in the MOTIONS DEPARTMENT, and it could take UP TO SIX MONTHS to rule on very simple motions…and I had SIX that were very complicated with transcripts and case law that had to all be looked up and checked.

Just FYI…part of what I discovered in all of this is that my FEDERAL CALIFORNIA DISTRICT COURT was in FACT a BUSINESS listed AS a CORPORATION with a DUN AND BRADSTREET NUMBER and a CREDIT RATING. Also that ALL the Fed District courts in this region were SUBSIDIARY S-CORPORATIONS OF the 9th Circuit Court of Appeals…and that even though the 9th’s COURTS are in San Francisco and Pasadena where they hear cases, they are BASED OUT OF RENO, NEVADA, so they don’t have to pay CALIFORNIA STATE TAXES or have anyone look into WHO actually OWNS the CORPORATION!

Also, on the Monday morning of my sentencing hearing, I came into the US Dist. court and notified them that I had filed a WRIT OF MANDAMUS and a WRIT OF CERTIORARI with the US SUPREME COURT and that the hearing must be stayed. Well, they HID my filings and did not put them on the docket until THAT ensuing FRIDAY, which resulted in a WARRANT for my arrest. And when I did not “SHOW” according to them, their DUN AND BRADSTREET CREDIT RATING for that court plummeted!!

So I wondered why? All court cases are turned into BONDS. These BONDS are given CUSIP NUMBERS and lodged with the D.T.C.C.–the Depository TRUST Clearing CORPORATION at 55 Water Street in New York City. So I had a friend who specialized in such things look up my court case. Turns out Judge Steven V. Wilson had created 3 CUSPID NUMBERS out of the cases against us and created bonds that were worth $459 MILLION!! ALSO, that these BONDS were then LISTED as INVESTMENT CAPITAL with our NAMES all over them with FIDELITY MUTUAL TRUST-CANADA (so NO US TAXES) FIDELITY INVESTMENTS in BOSTON and FIDELITY FOR-EX out of NYC….

So you see…THEY HAD TO CONVICT US to CASH OUT THIS MONEY! And they do this every DAY, day in and day out, and I have absolute PROOF of everything I have just said…

So MAY 21, 2019, it will be SIX MONTHS, and I hope the clerk of the court is true to her word, as the 9th, especially with the NEW AND IMPROVED TRUMP JUDGES will have no choice but to rule on my UNCONTESTED MOTIONS…and let me go so this LONG KAFKAESQUE nightmare can finally end.
In the Ninth Circuit's words:
Appellant Sean David Morton’s requests for summary disposition (Docket Entry Nos. 27, 28, 29, 30) and to expedite his appeal (Docket Entry No. 32) are denied. The motion to stay briefing (Docket Entry No. 31) is denied as moot. Further filing of meritless motions may result in the court withdrawing appellant Morton’s leave to represent himself on appeal.