Appeals Process: Continue in 11th Circuit or Go To Supremes?
April 28, 2012 8 Comments
The 11th Circuit today denied my motion to transfer my existing case to it and order district court proceedings. It also denied the governments motion to clarify that it’s not allowed to order district court proceedings.
So here’s where we are: if I file a new petition in the 11th Circuit, the court *may* decide to allow me my right to be heard in district court. But, it may not, and may try to decide my case without giving me the opportunity to present evidence. It also would suck to not appeal their ruling that I can’t be in district court as-of-right. Everyone should have their day in a trial court.
If I file an appeal in the US Supreme Court, that court *may* overturn the 11th Circuit, which also has the effect of allowing me my right to be heard in district court. It *will* take a lot of time before that happens, whereas if I go with option #1 *and* the court rules well for me, it might get rid of scope & grope more quickly.
After much thought, I’ve decided that I shall simultaneously file both a new petition and a US Supreme Court appeal. Our right to have a trial, as well as our right to be free from unlawful searches, both must be litigated as expeditiously as possible. I’ve never been a fan of giving up one right to ensure another, and refuse to accept either/or when my constitution guarantees me both/and.
Filing two appeals greatly increases the cost of the fight. If you are able, your donations would be appreciated — the button is at the top-right of this page — with great thanks to those who have already donated.