AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

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realist
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AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#1

Post by realist » Fri Aug 24, 2018 2:14 pm

16-3763 Terry G. Trussell vs State of Florida Affirmed
- 08/24/2018

Back with the opinion in just a few.

:dance:

OPINION HERE: https://files.acrobat.com/a/preview/21a ... 8eafe25b88

With a Concurrence in part and Dissent in part by one Judge.
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#2

Post by Mikedunford » Fri Aug 24, 2018 2:15 pm

What a stunning result that nobody could have possibly predicted, aside from everyone who was paying attention.

:thumbs:

Still feel a little bad for his family, though. It sucks when the stupidity of someone you love winds up wrecking their own life.
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#3

Post by Hercule Parrot » Fri Aug 24, 2018 2:16 pm

Oh my goodness, I honestly thought he'd get a reduced sentence.

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#4

Post by Till Eulenspiegel » Fri Aug 24, 2018 2:40 pm

Convicted for a bad smorgåsbord. The gravad lax was not fresh enough.
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#5

Post by bob » Fri Aug 24, 2018 2:50 pm

Executive summary: One judge would reverse the convictions for counts one and two because the prosecutor sandbagged Trussell by not informing him that it intended to plead and prove that Trussell's reservation of the courtroom in the morning was fraudulent.

Excuse me while a pull a :sterngard: :
bob wrote:The argument that the prosecutor told the jury to convict because Trussell lied to the clerk will go nowhere. As the state attorney argued, the prosecutor's arguments (even if incomplete or misleading) aren't the law, and the judge correctly instructed the jury. AND INGER GARCIA DIDN'T OBJECT.
:dance: (Although it did go "somewhere" because one judge bit.)

"For completeness": Trussell's March 2018 oral argument:
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#6

Post by JohnPCapitalist » Fri Aug 24, 2018 3:03 pm

realist wrote:
Fri Aug 24, 2018 2:14 pm
16-3763 Terry G. Trussell vs State of Florida Affirmed
- 08/24/2018

OPINION HERE: https://files.acrobat.com/a/preview/21a ... 8eafe25b88

With a Concurrence in part and Dissent in part by one Judge.
I read the partial dissent. Nice to see that someone picked nits carefully and noted that Trussell didn't actually affirmatively lie when he reserved the real courtroom for his pretend grand jury. He just allowed the clerk to assume it was for a legitimate purpose before sneaking his fellow idiots in there. The judge then reasons that he should be retried on that count because he was convicted on a charge that wasn't present in the indictment, but the prosecution's closing argument said it was.

It sounds like a distinction without a difference. If I tell my boss at the bank that I need access to the cash vault but don't tell them it's to steal money, does that mean I am innocent of fraud? I don't think so.

While I'm somewhat disappointed that the judge wasted his time on this dissent for Trussell's case, I was pleased to see that he was being conscientious in a state that I thought was pretty much "hang 'em high" for most forms of crime (except for "stand your ground" offenses involving white people shooting black or brown ones).

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#7

Post by Mikedunford » Fri Aug 24, 2018 4:31 pm

realist wrote:
Fri Aug 24, 2018 2:14 pm
OPINION HERE: https://files.acrobat.com/a/preview/21a ... 8eafe25b88
Thanks! And particular thanks for the use of the non-Scribd host - access there has been getting more and more cumbersome lately.
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#8

Post by Grumpy Old Guy » Fri Aug 24, 2018 4:55 pm

Oh dear! No trillions for Terry.

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#9

Post by Notorial Dissent » Fri Aug 24, 2018 5:30 pm

I suppose, on the pus side, they got around to it before his sentence was completed. That's a plus isn't it? :sarcasm:

I wonder if it's too early to wonder if it's too early to wonder if the Ingy dingie and her co-conspirator will try to further bleed the turnip with a failful Supreme Court appeal?
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#10

Post by ZekeB » Fri Aug 24, 2018 6:58 pm

TT should have appealed, citing incompetent representation. Oh wait, he had competent representation until he fired the lawyer who gave him the advice that might have kept him out of the hoosegow.
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#11

Post by Notorial Dissent » Fri Aug 24, 2018 7:53 pm

ZekeB wrote:
Fri Aug 24, 2018 6:58 pm
TT should have appealed, citing incompetent representation. Oh wait, he had competent representation until he fired the lawyer who gave him the advice that might have kept him out of the hoosegow.
Yeah, ain't it the truth! They could have settled it all if ONLY they could have all just sat down for a cup of coffee. :point:
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#12

Post by Orlylicious » Sat Aug 25, 2018 1:24 am

Thank you Realist! :dance:

What are all of the Terry Trussell fan clubs saying? :?:

Is this a record for the number of times the word "sham" is in a paragraph? Pretty much covers it...

Sham Wow.JPG

Bringing back Slim's original post about Terry, what an adventure this has been!!

Slim Cognito wrote:
Thu Sep 18, 2014 9:12 pm
This is new thread focused on "common law" grand jury foreman Terry Trussell's recent antics. This first post is a summary of what we've discussed on the Common Law Grand Juries thread here at Fogbow including his activities as foreman of a grand jury and his subsequent arrest for simulating a legal process/fraudulent action including some posts from other web sites. This will hopefully ease the process of researching Terry Trussell's long slog through the legal process. Instead of cutting and pasting old posts from the original thread, I'll snip here and there and reference it by the comment/page numbers from the CLGJ thread. I believe Trussell first came to prominence in spring 2014 as Chief of Staff of the Operation American Spring movement when he warned that Obama could send drones to attack OAS in DC. When OAS fizzled he became involved in this common law grand jury nonsense. Apparently he was elected, or volunteered, to be foreman of a court-sanctioned grand jury in Dixie County Florida this past summer but then attempted to hijack it for his own purpose. When that failed, he called together his own common law grand jury and proceeded to, among other things, indict State Attorney Siegmeister for interfering with a grand jury, or, as he calls it, treason.. A Fogbow post of August 16 #1888, page 95, provides links to: 1. Their "true bill" (a pdf).2. A personal account of the CLGJ meeting. http://nesaranews.blogspot.com/2014/08/ ... ounty.html The Dixie County courts initially blew him off until he and his posse went to Tallahassee intending to speak with Gov. Scott but instead spent two hours incriminating himself to the FELD. Here is a post from Trussell describing his adventure, (comment #1958, page 98) On Aug 18, 2014, at 6:19 PM, Terry Trussell wrote:

"People’s Grand Jury Update: We had a very good meeting with Sheriff Hatcher this morning. He called the FELD after we left wanting to know if what we are doing is legal. We spent two and a half hours in File's office in Tallahassee explaining why we could do what we’re doing, and they could not find anything wrong with our point. That’s as good as an endorsement, to me..." The week before Labor Day, Trussell again updated the masses, admitting that nothing had been accomplished yet but he was hopeful. As law enforcement had yet to arrest SA Siegmeister, he said he had a "plan to wake them up." In the meantime, SA Siegmeister had filed a motion to have Trussell removed from the grand jury, which was granted by Judge Parker. The following week, on Sep. 2, Terry Trussell was arrested and charged with 10 counts of simulating a legal process. He posted bond and was released the next morning. A local news outlet, Hardisonink.com, posted info regarding the arrest but it has since scrolled off their page. If anyone copied it or knows of a permalink, please post. Following Dixie County online for Trussell's case #152014CF000201CFAXMX, the docket information shows on Sep. 4 he filed an indigence application and on Sep.15 an order was filed allowing the public defender to withdraw. After Trussell's arrest, he made the rounds insisting the charges were bogus, certainly would be dismissed and the CLGJ movement is stronger than ever. CLGJ post #2356. page 118, has a link to a retired Florida prosecutor's take on the Dixie County debacle and a full copy of OAS's Harry Riley's post from the BS crazy point of view. I believe that brings us up to date. There's so much wingnutty goodness in the original thread, I can't paste it all here so for specific Trussell details prior to this thread, the Common Law Grand Juries thread is the place to go. I believe the first comment mentioning Trussell was #1588, page 85. I'll be checking on Trussell's case specifically and will post anything new here.
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#13

Post by Slim Cognito » Sat Aug 25, 2018 8:30 am

Just for S&Gs I checked PFA again, to see if anyone had posted the update. Same as it was the last time I looked. No posts on any topic since August 15, nothing from Old Rooster in over a month. I thought about posting it myself then thought...what's the point? PFA is terminal. Why prolong their agony?
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#14

Post by Hercule Parrot » Sat Aug 25, 2018 9:46 am

Mikedunford wrote:
Fri Aug 24, 2018 4:31 pm
realist wrote:
Fri Aug 24, 2018 2:14 pm
OPINION HERE: https://files.acrobat.com/a/preview/21a ... 8eafe25b88
Thanks! And particular thanks for the use of the non-Scribd host - access there has been getting more and more cumbersome lately.
Sorry to OT, but yes Scribd is getting quite silly now. Paid account almost unavoidable to access many docs there.

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#15

Post by Northland10 » Sun Aug 26, 2018 7:50 pm

For completeness, on the same day, the following happened to the other appeal that Inger had filed.
Petition for Writ of Certiorari—Original Jurisdiction.
August 24, 2018
PER CURIAM.
The petition for writ of certiorari is denied on the merits.
OSTERHAUS, JAY, and M.K. THOMAS, JJ., concur
This was the appeal on the Court's order denying Trussell's motion for direct Criminal Contempt against a juror.
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#16

Post by realist » Mon Aug 27, 2018 8:06 am

Northland10 wrote:
Sun Aug 26, 2018 7:50 pm
For completeness, on the same day, the following happened to the other appeal that Inger had filed.
Petition for Writ of Certiorari—Original Jurisdiction.
August 24, 2018
PER CURIAM.
The petition for writ of certiorari is denied on the merits.
OSTERHAUS, JAY, and M.K. THOMAS, JJ., concur
This was the appeal on the Court's order denying Trussell's motion for direct Criminal Contempt against a juror.
:thumbs: k
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#17

Post by Notorial Dissent » Tue Aug 28, 2018 6:12 am

And Ingie dingie is still zip all, nice consistent track record. NOT!!
The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#18

Post by Chados » Wed Sep 05, 2018 11:16 am

For the Scribd-challenged...

From the 1st DCA directly.

https://edca.1dca.org/DCADocs/2016/3763 ... 0276_i.pdf

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realist
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#19

Post by realist » Wed Sep 05, 2018 4:17 pm

Chados wrote:
Wed Sep 05, 2018 11:16 am
For the Scribd-challenged...

From the 1st DCA directly.

https://edca.1dca.org/DCADocs/2016/3763 ... 0276_i.pdf
Which is exactly where my link was from, and was not linked to Scribd.

I didn't check to see if there were links to Scribd in the thread, but just sayin'. I have grown to despise Scribd. I have thousands of documents parked there and am a paid subscriber and sometimes can't even read the docs I put there myself. Would love to move them all somewhere and delete the account, but moving more than 10,000 documents is a major undertaking, for which I have no time. :(
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#20

Post by Foggy » Wed Sep 05, 2018 5:34 pm

I wouldn't put you in the category of Scribd-challenged, in that case. I'd put you down as Scribd-enraged. :cussing:
I put the 'fun' in dysfunctional.

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#21

Post by vic » Wed Sep 05, 2018 5:40 pm

Foggy wrote:
Wed Sep 05, 2018 5:34 pm
I wouldn't put you in the category of Scribd-challenged, in that case. I'd put you down as Scribd-enraged. :cussing:
Off Topic
A few years ago, I helped out by writing a program to grab the indices for some of the documents Realist had uploaded to Scribd and create a clickable document index he could put on the Fogbow.

I later volunteered to download the documents so they could be put somewhere else, but Scribd and some medical issues intervened. Every time I returned to the project, Scribd had done something to their interface to make that harder and harder to do. Or more accurately, impossible for someone who has less than 50 hours a day to devote to the project.

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#22

Post by DejaMoo » Wed Sep 05, 2018 10:28 pm

I know nothing about the Scribd interface, but one place to store documents online that doesn't get used as much as it could is Google Drive. Another is Google Sites. Create a Google account, upload documents to Drive, and set the sharing settings any way you want them: private, shared only with link, open to the world. Create a Google Site and you'll have a more user-friendly interface for whatever topic you want the site to be about, and hotlink the documents from your Google Drive to the Site.

I'm no longer surprised by sites that make it nearly impossible for their users to get their data back. It seems to be a trend: hold their data hostage and you've got yourself a captive client base. :madguy: :madguy: It's become a part of licensing negotiations at work, to ensure that if/when we change platforms or products, we can take our data with us when we go. Can't simply assume that to be the case anymore, have to get it included in the contract.
I've heard this bull before.

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#23

Post by Orlylicious » Wed Sep 05, 2018 11:55 pm

:P Hope you don't mind but in honor of this here's an encore of The Work Song, this is from June 2016 when Terry was found GUILTY. How time flies! It sure worked out for Terry.


"The Work Song" from Walt Disney's "Cinderella" from Terry Trussell's Fantasyland

[GimmyTruth warms it up after illegally placing Jury Nullification papers on all the cars in the Dixie County Court parking lot:]
Poor Terry Trussell.
Every time he'd find a minute
That's the time when they begin it
Terry Trussell, Terry Trussell!
[NLA Stepsisters:] Terry Trussell!

[Realist sings:]
Terry Trussell, Terry Trussell
Night and day it's Terry Trussell
Make a jury, file a True Bill
Waste more paper! It's all popping

[NLA Girl mice:]
And the lying and the grifting
They always keep him hopping

[Foggy & Fogbow:]
He goes around in circles
Till he's very, very dizzy
Still they holler
[NLA Girl mice:]
Keep a-busy Terry Trussell! :P

[Spoken by Inger: after burp] Yeah, keep him busy. Hey, you know what, youse guys? Terry Trussell might go to jail!
[NLA Mice:] What? Go? What did you say?
[Inger, scratches, then says bitterly:] You'll see.. They fixed him.. Work, work, work. He'll never get his presentments and True Bills done!
[NLA Mouse:] (Cries softly:) Poor Terry Trussell. (Brightens): Hey! We can do it!

[Inger Garcia, Rodger B. Dowdell, NLA Mice & Legal Crowdsourcing Group:]
We can do it, we can do it
We can help our Terry Trussell!
We can make his jumpsuit pretty
There's nothing to it, really
We'll tie a sash around it
Put gold fringe through it
When dancing at the trial
He'll be more beautiful than vile
In the lovely suit we'll make for Terry Trussell!

[Sung to Inger]
Hurry, hurry, hurry, hurry!
Gonna help our Terry Trussell!
Got no time to dilly-dally
We gotta get a-goin'

[Terry:]
I'll file more True Bills!

[Rodger:]
And I'll secretly record in Dixie County!

[John Darash/Vidurek;]
Leave the serving to NLA, you go get the cash, eh?

[All:]
And we'll make a lovely suit for Terry Trussell! Whooo!
And we'll make a lovely suit for Terry Trussell!
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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#24

Post by noblepa » Thu Sep 06, 2018 12:06 am

DejaMoo wrote:
Wed Sep 05, 2018 10:28 pm
I know nothing about the Scribd interface, but one place to store documents online that doesn't get used as much as it could is Google Drive. Another is Google Sites. Create a Google account, upload documents to Drive, and set the sharing settings any way you want them: private, shared only with link, open to the world. Create a Google Site and you'll have a more user-friendly interface for whatever topic you want the site to be about, and hotlink the documents from your Google Drive to the Site.

I'm no longer surprised by sites that make it nearly impossible for their users to get their data back. It seems to be a trend: hold their data hostage and you've got yourself a captive client base. :madguy: :madguy: It's become a part of licensing negotiations at work, to ensure that if/when we change platforms or products, we can take our data with us when we go. Can't simply assume that to be the case anymore, have to get it included in the contract.
I think it may be less sinister than that. I work in IT for a county government in Ohio. We have encountered, many times, companies that attempt to download our entire database of residential property information. While our records are open to the public, these attempts put an unacceptable strain on our web servers, which are intended for users to look up one or two properties at a time.

Scribd may be defending themselves against this kind of attack.

Then again, maybe they're just evil.

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Re: AFFIRMED!! TRUSSELL v STATE OF FLORIDA - APPEAL

#25

Post by vic » Thu Sep 06, 2018 12:40 am

noblepa wrote:
Thu Sep 06, 2018 12:06 am
DejaMoo wrote:
Wed Sep 05, 2018 10:28 pm
I know nothing about the Scribd interface, but one place to store documents online that doesn't get used as much as it could is Google Drive. Another is Google Sites. Create a Google account, upload documents to Drive, and set the sharing settings any way you want them: private, shared only with link, open to the world. Create a Google Site and you'll have a more user-friendly interface for whatever topic you want the site to be about, and hotlink the documents from your Google Drive to the Site.

I'm no longer surprised by sites that make it nearly impossible for their users to get their data back. It seems to be a trend: hold their data hostage and you've got yourself a captive client base. :madguy: :madguy: It's become a part of licensing negotiations at work, to ensure that if/when we change platforms or products, we can take our data with us when we go. Can't simply assume that to be the case anymore, have to get it included in the contract.
I think it may be less sinister than that. I work in IT for a county government in Ohio. We have encountered, many times, companies that attempt to download our entire database of residential property information. While our records are open to the public, these attempts put an unacceptable strain on our web servers, which are intended for users to look up one or two properties at a time.

Scribd may be defending themselves against this kind of attack.

Then again, maybe they're just evil.
I currently work in IT for a county government agency as well. Scribd makes it difficult or impossible for even the owners of the data to download what they previously uploaded. And paid subscribers can only manually download documents one at a time.

They were making it difficult for the content owners to retrieve their documents and migrate to a different service. They didn't provide a bulk download mechanism for the owners.

When I wrote my first tool to get the index file for Realist, I could use HTTP requests to page through the index. This let me send requests to their server and receive index pages, one at a time. The index I built could have been used to automatically or semi-automatically download the documents for Realist, but at the time that wasn't necessary.

Later, when Realist wanted to get his data, I found that they had changed the interface to rely heavily on JavaScript to dynamically update their index page and to generate the URLs required to download documents. I'm not a novice; I've been programming professionally for 50 years; among other things, I've written programs to screen-scrape content ranging from web pages to mainframe terminal screens; to simulate mainframe remote printers so as to capture Olympic results, parse the data, and it to wire services, and have been building web-based applications for about 20 years.

My conclusion was that Scribd was being sinister.

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