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Author Topic: New Developments in ELI Appeal with the Georgia Supreme Court  (Read 4768 times)

Matthew Chan

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New Developments in ELI Appeal with the Georgia Supreme Court
« on: August 02, 2014, 04:28:57 AM »
Since July 2, 2014, my (and ELI's) appeal took a significant turn when the GA Court of Appeals recognized our First Amendment / constitutional-related legal arguments and issues. So much so, that the GA Court of Appeals feels that my case is one of "first impression" in the state.

http://en.wikipedia.org/wiki/First_impression_%28law%29

http://www.law.cornell.edu/wex/first_impression

http://legal-dictionary.thefreedictionary.com/case+of+first+impression

http://www.nolo.com/dictionary/case-of-first-impression-term.html

As such, the GA Court of Appeals felt it was the jurisdiction of the GA Supreme Court to make this kind of important ruling.

Shortly after my case was docketed with the GA Court of Appeals, Attorneys Oscar Michelen & William J. McKenney formally stepped in to start representing me. Up to that point, I was representing myself "pro se".  I had navigated my case up to the GA Court of Appeals. It became apparent that my case needed to be transferred to the GA Supreme Court and we made a motion for request of transfer but the GA Court of Appeals denied our request to do so.

However, the good news is that the recent order by the GA Court of Appeals shows that they reconsidered the matter and finally agreed with us that my case belongs in the jurisdiction of the GA Supreme Court. The subsequently issued the order to do so on July 2, 2014.

This thread will clarify and the case's progress as notated by the docket show on the GA Supreme Court website. The notations are a bit cryptic without additional information or explanation.  I, along with other senior members of the ELI Community, will provide occasional news, updates, and additional information in this thread.
« Last Edit: August 02, 2014, 04:53:59 AM by Matthew Chan »
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Matthew Chan

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Re: New Developments in ELI Appeal with the Georgia Supreme Court
« Reply #1 on: August 26, 2014, 02:17:42 AM »
New developments and court documents for my case can be found with these two links.

Georgia Supreme Court:
http://www.gasupreme.us/docket_search/results_one_record.php?caseNumber=S14A1652

Chan v. Ellis Appeal Court Documents (Most recent documents are first)
http://www.scribd.com/collections/4336412/Matthew-Chan-vs-Linda-Ellis-Georgia-Appeal-Case
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Matthew Chan

  • ELI Founder, "Admin-on-Hiatus"
  • Administrator
  • Hero Member
  • *****
  • Posts: 2763
  • 1st Amendment & Section 230 CDA Advocate
    • View Profile
    • Defiantly
Re: New Developments in ELI Appeal with the Georgia Supreme Court
« Reply #2 on: September 06, 2014, 08:35:34 PM »
On September 5, 2014, the EFF has submitted their amicus brief (written by legal scholar Eugene Volokh and the assistance of law professor, Aaron H. Caplan, prior ACLU lawyer) in support of my position to the GA Supreme Court.

The story behind this significant legal event is here:
http://www.extortionletterinfo.com/forum/eli-responses-to-media-coverage-of-matthew-chan-ppo/legal-scholars-eugene-volokh-aaron-h-caplan-support-eli-with-eff-amicus-brief/

The EFF amicus brief itself is here:
http://www.scribd.com/doc/238796451/Chan-v-Ellis-EFF-Amicus-Brief-for-Appellant

Oral argument is set for October 7, 2014 in Atlanta, GA.  Both Oscar Michelen and Eugene Volokh are expected to argue my position.
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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