Lawsuit: Dismissed Appeal: Stratham v. Mealster

[Ryan_88]

In The Distinguished Court of The Stratham Republic
APPEAL ACTION
Date: 04/05/2023

The Republic of Stratham
Attorney General Colonel_Kai

v.

Mealster (HunterHo LLP representing)

I. Description of Case
The Plaintiff brings forth the following causes of action and alleges the following against the Defendant:
(Give a brief description of the situation and why you are here in court)

We are appealing the decision made by Judge Bharatj in the case of Stratham v. Mealster today because the defendant had no legal representation in their plea of guilt. The Attorney General also launched a criminal suit for a civil offense which makes this illegal. Even if it was a civil case, the OPM Act states that the AG may not practice law privately.

II. Parties
1. Colonel_Kai
2. Mealster

III. Sequence of Events
1. The Attorney General files a criminal suit against Mealster.
2. Owner of Mealster, EyFan4eva pleas guilty without any legal representation.
3. The presiding Judge rules in favor of the plaintiff.

IV. Claims for Relief
1. In the original case filing the Attorney General filed a criminal suit against Mealster for a civil offense as stated in Section VI of the Corporate Advertisement Act. The Attorney General listed the Republic of Stratham as the plaintiff although he was representing himself. The Office of the Prime Minister Act in Section 5 states that the Attorney General may not practice law privately.
2. Mealster's owner, EyFan4eva had no legal representation so therefore their plea of guilt should not have been taking seriously.
3. The Rules and Law was never updated to reflect this change to advertisement laws nor was there any official announcement from Parliament or the Department of Economy. Subsection 3 subsubsection B states that the Speaker of Parliament must update the Rules and Laws page within 48 hours of the passage of a bill.


V. Damages
1. The previous ruling to be overturned.
2. Legal fees of 1000kr
3. We request any further case regarding this matter be dismissed with prejudice.
4. A public apology from the courts to the plaintiff for not ensuring that the defendent were of legal competence in their plea of guilt.
5. A public apology from the Speaker of Parliament for failing to fulfil their constitutional duty.
6. A public apology from the Attorney General for abusing their prosecutorial power.

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In advancing this form to the court, you acknowledge and concur with the rules of court which highlight the importance of honesty at all times. Moreover, you understand the punishments for breaking these rules and/or committing perjury and deception in the court.

 

[bharatj]

First off, I would like to begin by recusing myself from this case, as I am the judge who ruled in the original lawsuit.

Second, I would like to bring up a gray area in the law. The attorney general prosecutes “on behalf of the government.” While pursuing this case on behalf of the government, and since Colonel_Kai is an affected individual who filed the case, albeit on behalf of the government, I had awarded him damages. I do understand that this is very much in a gray area so I apologize for any confusion in that regard.

Additionally, I agree with your statement regarding filing a criminal lawsuit for a civil offense. Regarding the plea of guilt, a party can plead guilty, so long as the plea of guilt is not due to being unable to find legal counsel, as established by xAnthony v. Anti Cosco group. This was established in the interest of a fair trial, which I completely am in favor of. Regarding Eva’s guilt, it did not seem to me that a guilty plea was due to an inability to find legal representation.

Nonetheless, I do retrospectively believe I should have looked deeper into the situation. For that, I would like to apologize to the plaintiff.

This reply is simply explaining my thought process for the decision I made before, to inform both the public, and the legal counsel in the interest of transparency. Part of the beauty of our democracy is our accountability to the people, and this includes appealing decisions.

I wish both parties luck, and I will recuse myself from this appeal.

Thank you.

 

[Cooleagles2005]

Good Evening,

@ColonelKai is hereby summoned to the court to acknowledge the case. If the Defendant, @ColonelKai , does not acknowledge the case as a reply in 2 days, the case will close in the Plaintiff's favor.

Court is in Session

This case is presided by Judge Cooleagles Bear in mind to not reply to court cases unless summoned by the Judge!

 

[ColonelKai]

Stratham v. Mealster Appeals Case Plea Deal

1) The Office of AG will pay the legal fines of Mealster amounting to 1000 (one-thousand) krunas.
2) The Office of AG will no longer pursue any charges in regards to S6-2 violations of the events that was covered in the previous lawsuit Stratham v. Mealster.
3) Colonel_Kai, both in the capacity of Attorney General and Speaker of Parliament will issue a public apology in regards to the mistakes made.
4) The Office of AG will accept that the previous case was filed incorrectly and does not challenge it's overturning.


The Plaintiff and the Defense has both reached an agreement in terms of the Plea Deal. All damages pursued by the Plaintiff will be accepted in the above manner, except number 4 as that is a task that does not fall upon the defendant. The overturning of the appealed case ultimately rests upon the verdict of the court, however, the defense does not challenge it, as outlined in the plea deal.

 

[Ryan_88]

Your honor, the plaintiff agrees with this plea deal.

 

[Cooleagles2005]

Good Evening,

The Court has read over the settlement between both parties and agrees with its terms. In addition to the settlement, the court will also be overturning the original case as it was filed incorrectly.
As Judge @bharatj said earlier, I concur that a guilty plea can be made without council; however, a lack of council can not be the sole reason for pleading. In other words, a Defendant must be in the proper mindset to plead either innocent or guilty.

I ask the DoJ, to see and ensure that the following occurs
- A total sum of 1500 krunas be given from ColonelKai to EyFan4Eva (1000kr for the settlement and 500kr for the original case)
- A removal of this and only this incident from EyFan4Eva's criminal record. Although I don't believe this type of incident goes down on one's record, I want to cover my basis.
- A apology is made from the Attorney General's and Speaker's Office.
- Since Judge Bharatj did respond to this case earlier on and made his remarks, I do consider that an apology; however, Judge Bharatj has the full right to make an official statement if they so, please.

That is all,
Thank You
CASE DISMISSED