Matthew's Appeal Is Now Docketed!

[Greg Troy (KeepFighting)]

Good news, Matthew's appeal is now moving forward the case has been docketed and may be viewed here:

http://www.gaappeals.us/docket/results_one_record.php?docr_case_num=A14A0014

Matthew will be represented by William J. McKenney for the appeal. Mr. McKenney's Law firm may be found here:

http://www.mckenneyfroelichlaw.com/index.htm

If you read Mr. McKenney's Bio he has some impressive credentials.

http://www.mckenneyfroelichlaw.com/mckenney.htm

Robert and I will keep everyone updated when ever there is new information available that we can share with you.

[stinger]

Nice to hear!

I can't wait for him to get exonerated.  If this doesn't get overturned, I may volunteer to live out the rest of my years on Mars.

[Mulligan]

Greg, thanks for the update!

[Greg Troy (KeepFighting)]

Great news! Oscar has now been added to the docket of Matthew's appeal. He has been admitted in Georgia for this case, he and Mr McKinney will be working together on the appeal.

Keep coming back here for the latest news and updates on how the case is going.

[Greg Troy (KeepFighting)]

Agreed 

http://www.zenashapter.com/blog/wp-content/uploads/2011/08/happydance1.jpg

Nuff said.

[Greg Troy (KeepFighting)]

Due to the Holiday, Oscar's busy court schedule and a planned vacation Oscar filed today for a two week extention extending the filing deadline from September 9th to September 23rd.

The way the appeal process works in Georgia is Oscar and Mr. McKenney get to file a brief stating why Matthew's PPO should be overturned based on what was said and presented in the original hearing, then the other side gets to submit a brief why it should stand and finally Oscar and Mr. McKenney get the last word with a final brief.  After that it is up to the courts to decide.

It should be noted that this may not get settled here in the Appeals Court depending on what issues are raised as Oscar, the EFF and others feel the PPO was over reaching and affected Matthew's First Amendment rights as well as it violated Section 230 of the CDA may end up sending it to the Supreme Court.

I will keep everyone posted with any updates.

Edit:
I am referring to the Georgia Supreme Court not the Federal Supreme Court.  Sorry if there was any confusion.

[Mulligan]

Greg, thanks for the latest update. Supreme Court possibility --- leaves me speechless.

[stinger]

Yes Greg, Thanks for the update.

It's amazing that someone with common sense would not automatically overturn this.  I guess justice isn't always what it is cracked up to be.

[Greg Troy (KeepFighting)]

Here are a couple of links you may be interested in.

Here is the link to the appeals case with relevant documents.
http://www.scribd.com/collections/4336412/Matthew-Chan-vs-Linda-Ellis-Georgia-Appeal-Case

Today the court granted a three week extention, they gave us an extra week as two were all that was asked for.
http://www.scribd.com/doc/165468233/Chan-v-Ellis-Order-Granting-Extension-of-Time-to-File-Appeal-Briefs

[Greg Troy (KeepFighting)]

Also so there is no confusion when I spoke of going to the supreme court I was referring to the Georgia Supreme Court not the Federal Supreme Court.

[Mulligan]

Greg, you're right. I was confused about the Supreme Court reference. Thanks for clearing up my muddled thinking caused, of course, by yesterday's old man brain fart! Of course it would be the Georgia Supreme Court. Duh!!!

[Greg Troy (KeepFighting)]

No worries, I did not word it properly, it was a case of the brain working faster than I could type.  I just worry about when I get to the point that I can type faster than my brain can work. 

[Mulligan]

I just worry about when I get to the point that I can type faster than my brain can work. 

I'm at that point, I'm afraid, and it ain't at all pretty!

[Greg Troy (KeepFighting)]

Here is the latest update on Matthews appeal.  Oscar has filed a motion to have the case transferred to the Georgia Supreme Court due to constitutional issues involved with the case.  This motion may be vied here:
http://www.scribd.com/doc/172560318/Chan-v-Ellis-Motion-to-Transfer-Appeal-to-Georgia-Supreme-Court

Oscar has also filed his brief outlining the appeal, once again this is a beautiful piece of work.  The rules state you are limited to 30 pages and Oscar used all 30 of them.  For those of you that have read and follow Oscar's posts here on ELI, in my opinion the only thing this document is lacking is the "Here endith the lesson" at the end.  But that is usually reserved to when Oscar is giving Mr. McCormack free legal advice. 


For those who want to read the brief if may be found here:
http://www.scribd.com/doc/171338394/Chan-v-Ellis-Appellant-Brief-Memorandum-of-Law

[stinger]

You go Oscar!  You are the MAN I want on my side when Timmy McCormack comes a callin.

Thanks for posting this Greg.  If this thing doesn't get reversed, I may never visit the state of Georgia again in my lifetime.