The 18-page affidavit that I wrote about last November was not an appeal as such, but what he called an expedited motion for summary disposition. It was denied on 12th April this year, so now he has no recourse other than a formal appeal. This document runs to 15 pages, and even a summary of the whole thing would be a trial to read. Here's the opening sentence, word-for-word:
Sean David Morton presented his own defense whilst completely incompetent and unable to properly prepare a defense due to not being informed the nature or having discovery.That's his badly-worded argument for appeal, in a nutshell. He writes that he was denied counsel although it was at his own request that he appeared as his own attorney. Basically he's saying the judge erred by allowing him to appear pro se because the judge ought to have recognized that he was incompetent
This is quite an impressive climb-down for a man who boasted "I'm a legal scholar" during the 2016 Conspira-Sea cruise (YouTube link, quote at 06:16).
Thanks again to AE for tracking this case
17 comments:
So what is he saying to his loyal army of true believers? "It's okay, I'm only incompetent when it comes to the legal case!" I'm sure they'd still find some way to claim it's more persecution.
Sure they will.
Who wrote his motion for appeal?
He'll likely be granted an appeal, but will ignorance be his defense?
« Who wrote his motion for appeal? »
He did, all 15 pages. The prose is excruciating.
« He'll likely be granted an appeal, but will ignorance be his defense? »
He has been granted leave to appeal. His primary defense is incompetence, but ignorance comes into it as well. Specifically, ignorance that the tax preparers Hall and Adams had already been indicted. Which, btw, is hard to believe.
Let me get this straight. Are you saying that Morton will be representing himself on appeal with grounds for being incompetent to represent himself?
That's what I'm saying, yes.
Can't you just imagine the opening discussion between Morton and the judge? Please be sure to share with us the transcript after that hearing, short though it will be.
Unfortunately I don't think that's how it works. The ninth circuit will send down its verdict in writing and that'll be the end of it. I'll pass on whatever AE sends me but I'm not willing to pay to get dirtect access to the legal documents.
Actually, he ought to receive a retrial represented by a lawyer. Does his incompetent appeal allow for that, or did he go all out for dismissal or nothing?
This just in, confirming that, yes, he's acting pro se in an appeal based on his legal incompetence.
The judge will no doubt order that the defendant be represented by a court appointed attorney. Morton's medical complaints of of being mistreated in prison, might get him transferred to the prison hospital, but he'd better be careful not to be found criminally insane. A sentence for such can be for an indefinite term.
My big question is where is Melissa and the money? She apparently is bright enough to keep quite during her prison stay and parole, something Sean has not. I expect she would prefer Sean not file anything to the Feds on her behalf. Random thoughts I know but there are just so many angles to this character.
Morton's medical complaints are his own and he will have to prove them. So the guy is morbidly obese and is complaining of Type 1 diabetes? Go figure. Blind in one eye? So, according to him the Federal Prison system is no better than a North Korean prison system. Really?
Looks like he is still aware enough and has sufficient vision to beg people for money at PC.
I think Melissa is struggling. They lost the Manhattan Beach House and she forfeited $10,000 by not appearing for sentencing. She was at the Conscious Life Expo in (?) January but I Haven't heard anything since then.
Thanks for the update on Melissa. Not sure how I feel about her situation in light of all that happened; certainly I do not wish disaster on someone but it is a bit difficult to have a lot of sympathy. For all the millions that were taken in from their actions I do have to wonder what happened to it all. Did the Feds ever come to terms with where the money is or were they only interested in taxation and conviction?
I am surprised that she showed up at one of the Life Expo type events. One would think she would stear clear of such things, given the past.
The funny thing here is that Morton has represented himself in lectures and elsewhere as a "constitutional and legal expert". The opposite is clearly the case and his court filings and appearances are embarrassing. Morton has been begging for donations to pay his legal team, but it looks like he's the one writing all his briefs. In any case, his wife's conviction was affirmed by the appeals court and she based her arguments on some of the same issues Morton is trying to bring up. He isn't getting out of prison anytime soon and will serve the majority of his sentence.
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