Attorney-at-Law

DELEGATI NON POTEST DELEGARE -PART DEUX

In Uncategorized on 06/22/2016 at 23:01

The Adventure Continues

The rounder tactic du jour, blessed by the St. Louis Sages (a/k/a United States Circuit Court of Appeals for the Eighth Circuit) back on 5/9/16, has returned to the lap of Judge Nega, who gave it short shrift back on 12/15/14.

The order is Leroy Moncy, Docket No. 27807-11, filed 6/22/16.

For Judge Nega’s blow-off of the SNOD-not-signed-by-authorized-delegate rounder gambit, see my blogpost “Restitution = Destitution,” 12/15/14. For the St. Louis Sages’ blowback, see my blogpost “Delegati Non Postest Delegare,” 5/9/16. If you don’t want to read my old blogpost, the sole issue for the St. Louis Sages was whether the signer of the SNOD was named in an appropriate delegation order from Alex Hamilton’s successor in office.

Judge Nega, back at the twenty, punts.

“…each party shall file a response to this Order, and attached [sic] thereto an offer of proof in writing, along with copies of documents or describing testimony that he would offer in evidence at further trial, if any, on the jurisdictional question presented on remand. Each party shall also identify any evidence in the record that supports his respective view of the jurisdictional issue. The parties are encouraged to stipulate to any additional documents that maybe received without further trial.” Order, at p. 1.

Good luck with the stipulating, Judge.

And if y’all are wondering why this blogpost is so late, I was at the Metropolitan Opera today, watching the American Ballet Theatre’s production of Romeo and Juliet. Isabella Boylston’s fragility and Daniil Simkin’s athleticism were much better worth watching than Tax Court orders. And Prokofiev’s score is a stormer.

 

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