Saturday, April 13, 2019

Court of Appeals to Sean David Morton: "F off"

        You might remember from a blogpost of last November, "Sean David Morton takes his best shot," that the self-described legal scholar used a very dodgy version of the doctrine of judicial estoppel to argue that his conviction on 30 counts should be set aside and that he should be released from his cell in the Tucson penitentiary. Well, the wheels of justice grind slowly but they get there in the end. Yesterday the Ninth Circuit gave him the answer, and it's a major slap-down—basically not just "fuck off" but also "If you keep this bullshit up we'll gag you". The full text:
Before: O’SCANNLAIN, W. FLETCHER, and WATFORD, Circuit Judges.
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. See 9th Cir. R. 4(d).
Appellant’s opening brief is due May 20, 2019; appellee’s answering brief is due June 20, 2019; and the optional reply brief is due within 21 days after service of the answering brief. Any further motion for an extension of time to file the opening brief must demonstrate extraordinary and compelling circumstances.
        I'm obliged to The Emoluments' unofficial legal correspondent, A.E., for tracking the case.

Sovereign Citizens? No way
        I'm obliged to ufowatchdog for drawing my attention to a nicely-written piece by Ashley Powers in the 29th March New York Times. The article is headed How Sovereign Citizens Helped Swindle $1 Billion From the Government They Disavow, and it slices SDM into tiny shreds and serves him up for dinner.
« When Mr. Morton reached adulthood, he sold unorthodox beliefs from behind a suburban-dad veneer: a flop of dark hair, a round, clean-shaven face, and a button-down-and-khakis wardrobe. He was charismatic but also childlike, friends said, his ego easily bruised. He branded himself an investigative reporter within the U.F.O. world, and in the 1990s, when Mr. Morton appeared on “The Montel Williams Show,” he made outrageous claims — more than 100 alien species had visited Earth! — with the certainty of a Nobel laureate. “I got close enough to one of these things that was floating around in the desert to actually get my face burned by it,” he said.
Even other U.F.O. enthusiasts considered him a kook, but Mr. Morton’s fans didn’t care. The truth was out there — and Sean David Morton had it. Branding himself a prophet, he plumbed the new-age convention circuit alongside specialists in animal telepathy, chakras, hauntings, angelic gemstone messages and the afterlife. »
        Morton has served 19 months of a six-year sentence. He may get out in another two years, perhaps (his wife Melissa is already in a half-way house). But I hope he's learned from this that his ridiculous posturing as a legal scholar is far from helpful. I'm quite sure he's been telling his fellow-crims "Just watch me, lads, I'll be outta here in next to no time". If he's told them the truth, they must be having a good laugh now.

Mini-update, 15th April
Royce Myers' ufowatchdog blog has posted more on this today: "The Kookiness continues."

2 comments:

Monkseal Quay said...

Essentially, Morton argues that the Court has no jurisdiction over him. One more word out of him along those lines, and he'll likely be found in contempt. He might have had an argument, but he was seeking special privileges which are outside Common Law, and place him directly under the jurisdiction of the Court that tries him.

Joe Baker said...

The prosecution has a duty to produce evidence for its claims if asked. Did they produce ANY evidence as to why their laws and constitution should apply just because one is inside the border of a government?

See how even a law professor defaulted on this question and earned the title of a terrorist.

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