Terry Trussell - Dixie County Common Law Grand Jury Foreman

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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by Northland10 »

If I were to guess, it sounds like Old Rooster is trying the pardon from Trump route oblivious to the fact that Terry was convicted by a state court.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by RTH10260 »

Orlylicious wrote: Tue Feb 20, 2018 7:40 pm There was some action at PFA... Didn't see the original letter. :( There's a link to what could be live video, http://www.1dca.org/ustream.html that's fun.
Letter to Gen Kelly, White House Chief of Staff, Terry Trussell
Posted by Old Rooster on February 4, 2018 at 12:16pm in General Discussion

:snippity:
A letter to the WH ? You need to sweeten your words with some powder sugar :twisted:
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by Notorial Dissent »

Old Rooster is about as ignorant as they come, and speaking of that group, that is saying a lot. They know as much about law as they do gov't.
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: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by realist »

Nothing really new, but for *completeness* :-D

Florida First District Court of Appeal Docket
Case Docket
Case Number: 1D16-3763
Final Criminal Judgment and Sentence Notice from Dixie County

Terry G. Trussell vs. State of Florida

Lower Tribunal Case(s): 2014-201 CF

01/31/2018 OA Granted-Tallahassee-80A NOTICE OF ORAL ARGUMENT The Court has set the above cause for oral argument at: 9:00 A.M., TUESDAY, MARCH 6, 2018 COURTROOM ONE, FIRST DISTRICT COURT OF APPEAL 2000 DRAYTON DRIVE TALLAHASSEE, FLORIDA ORAL ARGUMENTS ARE SCHEDULED BEFORE JUDGES OSTERHAUS, WINOKUR, AND M. K. THOMAS. (JUDGES ARE SUBJECT TO CHANGE.) ARGUMENTS WILL BE LIMITED TO 15 MINUTES PER SIDE. NOTICE OF REQUIREMENTS FOR CONTINUANCE Because of the Court's heavy oral argument schedule, the length of the advance notice of this scheduled oral argument, and the problem with courtroom availability, MOTIONS FOR CONTINUANCE ARE STRONGLY DISCOURAGED AND WILL BE GRANTED ONLY FOR GOOD AND SUBSTANTIAL CAUSE AND WHEN FILED WITHIN 10 DAYS OF THIS NOTICE. Any motion for continuance must include a statement that counsel has contacted all other counsel and state their position on the continuance request. If continuance is granted, all parties must agree to oral argument at the Court in TALLAHASSEE on MARCH 20, 2018, or oral argument will be treated as waived, and the Court will consider this case on the record and briefs. Rescheduled oral arguments will be before the same panel of judges as originally scheduled to hear this case except in the highly unlikely event the Court determines to assign a different judge or judges to the case. Any request for continuance or rescheduling of oral argument made after 10 days from the date of this notice will only be entertained upon a showing of extreme emergency. If within 10 days of the oral argument date the case is settled, likely to be settled, or the case is going to be voluntarily dismissed, counsel for the appellant should notify the clerk's office by telephone in order to avoid unnecessary expenditure of scarce judicial resources in preparing for oral argument. The oral notification must be followed up with the filing of a proper pleading waiving oral argument and voluntarily dismissing the case or, if required, seeking remand of jurisdiction to the lower tribunal to approve the settlement. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Kevin Taylor, Marshal, District Court of Appeal, First District, at 2000 Drayton Drive, Tallahassee, Florida 32399-0950, (850) 717-8132, within 2 working days of your receipt of this notice of oral argument. If you are hearing or voice impaired, call (800) 955-8771.
03/06/2018 Oral Argument Date Set 1DCAT
http://jweb.flcourts.org/pls/ds/ds_dock ... &pscourt=1

Anyone seen or heard anything? Has Old Rooster declared VICTORY!!?
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

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Clearly the State's case is falling apart.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

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I downloaded the video. I will have it on YouTube in a bit.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

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Reality Check wrote: Fri Mar 09, 2018 3:39 pm I downloaded the video. I will have it on YouTube in a bit.
:thumbs:
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by Reality Check »

Oral argument before the Florida First District Court of Appeal March 6, 2018.

"“If you’re not outraged, you’re not paying attention.”

Heather Heyer, November 2016
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by Patagoniagirl »

OH my! Slim, where ya at?!?! Smoreburger sounds like a befuddled TT. I cannot wait to see IAAL responsez here.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by bob »

Oh gawd he's horrible.

I like how one judge said "err-rah ... error." (He corrected his drawl.)

I also like how they're discussing Inger Garcia's incompetence AND SHE'S AT COUNSEL'S TABLE. :thumbs:
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by JohnPCapitalist »

Reality Check wrote: Fri Mar 09, 2018 3:57 pm Oral argument before the Florida First District Court of Appeal March 6, 2018.

Morburger sounds like a corpse. You could almost fall asleep listening to him.

The judges sound better prepared than I expected them to be. The claimed "agreement" that the clerk wouldn't actually file his documents sounds pretty tenuous. That seems to be the crux of the issues that he's trying to use.

Wonder if Rodger Dowdell is in the audience...
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by realist »

I listened to the argument. Thanks, RC. :thumbs:

And while Morburger may sound like a corpse, I was surprised that the issue presented for reversal was a much better argument than I anticipated.

They're FOS and lying because Terry knew exactly what he was doing and he was indeed simulating, and impersonating, but still, just sayin'.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by Slim Cognito »

Patagoniagirl wrote: Fri Mar 09, 2018 4:10 pm OH my! Slim, where ya at?!?! Smoreburger sounds like a befuddled TT. I cannot wait to see IAAL responsez here.
I’m out of town, taking care of my ill mother. Internet is spotty at best. Can’t watch videos. Would appreciate any commentary. Thanks.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

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realist wrote: Fri Mar 09, 2018 4:42 pmAnd while Morburger may sound like a corpse, I was surprised that the issue presented for reversal was a much better argument than I anticipated.
Ehhh:

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.

The argument that Trussell told the clerk not to file anything is, at best, a sufficiency of the evidence claim. Which is belied by the facts: (1) he tried to file something; and (2) paid for the filing! "I am handing you a document and a check, but don't think I'm trying to file this!" :roll:

The First Amendment claim was a loser (especially as presented); should not have brought it up, let alone led with it.

That the court clerk shouldn't have testified and been the clerk: also waived by Inger Garcia's not objecting.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

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bob wrote: Fri Mar 09, 2018 4:51 pm
realist wrote: Fri Mar 09, 2018 4:42 pmAnd while Morburger may sound like a corpse, I was surprised that the issue presented for reversal was a much better argument than I anticipated.
Ehhh:

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 aren't the law, and judge correctly instructed the jury. AND INGER GARCIA DIDN'T OBJECT.

The argument that Trussell told the clerk not to file anything is, at best, a sufficiency of the evidence claim. Which is belied by the facts (1) he tried to file something; and (2) paid for the filing! "I am handing you a document and a check, but don't think I'm filing this!" :roll:

The First Amendment claim was a loser (especially as presented); should not have brought it up, let alone led with it.
I never said it was a great or winning argument,
They're FOS and lying because Terry knew exactly what he was doing and he was indeed simulating, and impersonating, but still, just sayin'.
just that considering it's Garcia and Morburger, I was surprised that they presented an issue even that good. I actually anticipated it to be much, much less and frankly, even more disconnected from reality.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by Mikedunford »

Thanks, RC. I'm listening to it now (at double speed, which makes Morburger sound virtually normal).
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by JohnPCapitalist »

bob wrote: Fri Mar 09, 2018 4:51 pm The First Amendment claim was a loser (especially as presented); should not have brought it up, let alone led with it.
It sounded to me like the argument that "the note that I passed to the bank teller was an example of First Amendment-protected speech." Not a robbery demand, no sir!
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by Sterngard Friegen »

Based on Morburger's first argument, conspiracy charges can't lead to convictions because when two or more people conspire to commit a crime, their meeting together is permitted under the first amendment.

Funny, I didn't learn about the first amendment exception to conspiracy crimes. Morburger clearly had better professors than I did.

Can anyone spot Dowdell in the peanut gallery? I see a couple of candidates.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by Patagoniagirl »

Listening again. Having never listen to oral arguments before I have little to judge this by except my IANAL observations. Smoreburger seems frail. The Court seems informed on the case and placing. A bit of brace on the State.

For those interested, behind .Smoreburger and Garcia. It appears to be TT's wife and daughter in the middle of the four people. On the other side I see the prosecutor from the original trial, now retired, and his replacement, who is sitting in the back row alone next to the isle. On the far right sit a couple who I recall from the trial. They run a sovshit newspapers located one block from the Cross City courthouse and were way interested in me and Slim attendinv the proceedings.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by bob »

Patagoniagirl wrote: Fri Mar 09, 2018 6:15 pm For those interested, behind .Smoreburger and Garcia. It appears to be TT's wife and daughter in the middle of the four people. On the other side I see the prosecutor from the original trial, now retired, and his replacement, who is sitting in the back row alone next to the isle. On the far right sit a couple who I recall from the trial. They run a sovshit newspapers located one block from the Cross City courthouse and were way interested in me and Slim attendinv the proceedings.
Is Jason Hoyt in the audience?

And no CEL3. Too bizzy with statues, I guess.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

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bob wrote: Fri Mar 09, 2018 4:51 pm
realist wrote: Fri Mar 09, 2018 4:42 pmAnd while Morburger may sound like a corpse, I was surprised that the issue presented for reversal was a much better argument than I anticipated.
Ehhh:

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.

The argument that Trussell told the clerk not to file anything is, at best, a sufficiency of the evidence claim. Which is belied by the facts (1) he tried to file something; and (2) paid for the filing! "I am handing you a document and a check, but don't think I'm trying to file this!" :roll:

The First Amendment claim was a loser (especially as presented); should not have brought it up, let alone led with it.

That the court clerk shouldn't have testified and been the clerk: also waived by Inger Garcia's not objecting.
IIRC, the judge spelled it out in the jury instructions what they had to find before they could convict on simulation, and it came straight from the statute.

Most of the issues with Garcia not being allowed to call or cross-examine witnesses come from her inability to follow trial procedure. Like that time she wanted to call her "First Amendment scholar"

Plus there were several times when the judge asked her if she wanted to preserve something for appeal and she didn't.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

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I just watched the first half (my attention span is shot after Snoreburger) and IANAL but did anyone else pay attention to Ingie? She was sliding that dang chair all over. Digging through her papers like a mad woman.

Of course she was looking down (trying to fade away) when they were discussing her inadequacies at trial.

Since she NEVER submitted complete jury instructions (IIRC she submitted 100s of papers not how she wanted the jury instructions to read) how can they find fault with the instructions? To me it seemed like she thought jury instructions were a group project and she was the weakest link.
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by Orlylicious »

Bob Root tries to stir up a little excitement for Terry's Big Appeal but no comments :(

Terry Trussell appeal vs STATE OF FLORIDA 9:00 – March 6th We need everyone to pray for an innocent man wrongly put in prison for doing his civic duty as required by law!
March 5th, 2018 | Author: Jack Nelson

Appellant Terry Trussell appeal vs STATE OF FLORIDA

Please find attached the latest information on Terry’s appeal. It is interesting to note that his oral argument is now scheduled as fourth on the AM list. He was previously listed as second. My thought is that this may have been done to allow the judges more time for questions at the end. Maybe this is a good omen.

While the First DCA does not disclose how they select the three judge panels, it is worthy noting that Judge Jay will sit on Terry’s hearing. Jay was appointed by Governor Rick Scott in 2016. This make the entire panel for Terry’s case having been appointed by Scott while Chief Judge Thomas was appointed by Governor Bush in 2005.

My understanding that seating is VERY LIMITED but you can view the hearing live from this link: http://www.1dca.org/ustream.html. Also note the cases may not be called in sequence as listed. The basis for this particular appeal is the overly broad nature of the Florida Statute (843.0855) used to prosecute Terry.

Two other appeals remain, including the contempt charge logged against the juror. This juror did not disclose, when asked, that he was related (cousin) to one of the main prosecution witnesses.

I hope everyone will tune in at or before 0900 hrs., watch and say a prayer for Terry and the judges. Please share this information with your group.

In Liberty,
Bob Root, Editor
American Patriot News.
850-672-4221
https://thehighlandsteaparty.com/?p=27108
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by sad-cafe »

so, did the verdict get overturned or does the pos serve his sentence?
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Re: Terry Trussell - Dixie County Common Law Grand Jury Foreman

Post by Reality Check »

sad-cafe wrote: Wed Apr 11, 2018 9:12 pm so, did the verdict get overturned or does the pos serve his sentence?
  1. There has been no decision on his appeal AFAIK
  2. He is still in prison and has another five or six years to serve.
  3. His appeal is unlikely to succeed.
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