Appeals of Sebesta, et al.

Appeals of §261.10(k) convictions at Cranberry Magistrate trials, 4 Appellants: Geoff Sebesta 2:05cr29 William Keating 2:05cr31 Steven Michael 2:05cr30 Jeremy Mintz 2:05cr27 Consolidated appeals, represented by Attorneys John McCall (Albuquergue, NM) and John Wallace (Elkins, WV).

Scheduling Order, 29au05 by Scottie Addison — last modified 2007-02-14 10:25 PM

Judge's initial Order on scheduling of briefs.

Motion for Transcript (michael), 21oc05 by Scottie Addison — last modified 2007-02-14 10:55 PM

Motion for Transcript, for Appellant Michael... identical motions went in for Sebesta & Keating, an unusual procedure in the middle of a Federal appeal. Transcript requests had been filed as required, but the Court Clerk/Reporter provided only a stack of audiocassettes of poor quality, with no index on contents. The Court took no responsibility to record or provide an adequate trial record, and refused to provide written transcripts - leaviing the burden upon Appellants (and their attorneys) to decipher tapes and prepare transcripts for reference in the briefs.

Motion for Continuance (michael), 21oc05 by Scottie Addison — last modified 2007-02-14 11:02 PM

Motion for Continuance, filed alongside the Motion for Transcripts... again, identical Motions went in for Sebesta & Keating, seeking more time to file Appellants' briefs - since they could not present arguments on trial errors without the record.

Mintz Motion to Enlarge Time for Brief, 28oc05 by Scottie Addison — last modified 2007-02-14 11:10 PM

Jeremy Mintz filed his Appeal separately & 'pro se', and here moves for enlargement of time to file his Brief. This was part of a plan to consolidate his Appeal with those of Sebesta, Michael, & Keating, under the representation of attorneys McCall & Wallace.

Joint Motion to Consolidate Appeals, 28oc05 by Scottie Addison — last modified 2007-02-14 11:17 PM

Joint Motion to consolidate appeals of Sebesta, Michael, Keating, & Mintz... Mintz was cited at different place & time, and his trial on 6/28 made a strong record in defense - complementing and reinforcing the record of the other 3 defendants in their 7/5 trial.

Motion to Extend Stay of Briefing Schedule, 27fe06 by Scottie Addison — last modified 2007-02-14 11:27 PM

Joint motion to extend 60-day stay on briefs, due to continuing problems with transcripts, and other burdens on these Appeals.

Appellant's Brief-sebesta, 29mr06 by Scottie Addison — last modified 2010-01-02 09:49 PM

In these consolidated appeals, Briefs filed for each Appellant differed in presentation, and in some facts & arguments, based in distinctive points in two different group trials.

Appellant's Brief-michael, 29mr06 by Scottie Addison — last modified 2007-03-07 08:02 AM

 

Appellant's Brief-keating, 29mr06 by Scottie Addison — last modified 2007-03-07 08:04 AM

 

Appellant's Brief-mintz, 29mr06 by Scottie Addison — last modified 2007-03-07 08:06 AM

 

Govt Brief_Sebesta, 9/27/06 by Scottie Addison — last modified 2010-01-04 01:38 AM

The Govt Response Brief for Sebesta... identical briefs were filed for the consolidated appeals of Michael, Keating, and MIntz.

Govt Brief_Michael, 9/27/06 by Scottie Addison — last modified 2010-01-04 01:38 AM

 

Govt Brief_Keating, 9/27/06 by Scottie Addison — last modified 2010-01-04 01:39 AM

 

Govt Brief_Mintz, 9/27/06 by Scottie Addison — last modified 2010-01-04 01:40 AM

 

Motion to Extend the Reply Period, 27oc06 by Scottie Addison — last modified 2007-02-14 11:34 PM

Identical motions were filed for Sebesta, Michael, Keating, & Mintz, requesting more time to file Reply Briefs. It is noted that the Government obtained extended Stays before filing its Response Brief.

Appellant's Reply Brief (sebesta), 13no06 by Scottie Addison — last modified 2007-02-14 11:39 PM

 

Appellant's Reply Brief (michael), 13no06 by Scottie Addison — last modified 2007-02-14 11:41 PM

 

Appellant's Reply Brief (keating), 13no06 by Scottie Addison — last modified 2007-02-14 11:43 PM

 

Appellant's Reply Brief (mintz), 13no06 by Scottie Addison — last modified 2007-02-14 11:44 PM

 

Govt Motion to Dismiss Appeal (keating), 27ja10 by Scottie Addison — last modified 2010-02-06 11:39 PM

With no action in the case for over 3 years, the U.S. Attorney filed this Motion to Dismiss, alleging that "the defendant has failed to pursue his appeal"... inexplicable, since all the briefs have been filed since Nov.'06, and the Court has issued no ruling. Reportedly the same Motion was filed on co-Appellants Mintz & Michael, but not Sebesta - (so far, will see).

Appellant's Response to Govt. Motion to Dismiss - 3fe10 (Michael) by Scottie Addison — last modified 2010-02-23 11:42 PM

Response of Steven A. Michael opposing Government's Motion to Dismiss Appeal, with 2-page Memorandum

Appellant's Response to Govt. Motion to Dismiss - 3fe10 (Mintz) by Scottie Addison — last modified 2010-02-23 11:44 PM

...as above, for Appellant Jeremy S. Mintz.

Order - all cases Dismissed, 10fe10 by Scottie Addison — last modified 2010-02-23 11:59 PM

Final judgment on all the Appeals -- Sebesta, et al. (4 cases) and Benedict, et al. (5 cases) -- dismissing criminal charges and vacating penalties in a single inclusive Order. The ruling was based on the deficiencies of the audiotaped trial record for purposes of criminal appeal, upon which the convictions could not be upheld. Thereby it evaded the serious constitutional and civil rights challenges raised in these appeals, and left the 'Group Use' regulation and enforcement discretions untouched... a profound act of judicial cowardice.