#23-CM-0038, State of San Andreas v. Shawn Morningstar

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Greg Kumerow
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Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

Post by Greg Kumerow »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR CONTINUANCE


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Shawn Morningstar
#23-CM-0038

A Motion for Continuance was filed in the above case on the 10th of May, 2023


The State of San Andreas/Defendant, name, by and through the undersigned attorney, filed this Motion for Continuance, and the reasoning for request is as follows;


  • Reasoning: LOA
    • Detailed Explanation: I will be on LOA starting the 12th of May to the 19th of May.



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Senior Prosecuting Attorney
San Andreas Judicial Branch
(909) 219-6537 — [email protected]
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Robert Winejudge
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Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

Post by Robert Winejudge »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

COURT DECISION


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Shawn Morningstar
#23-CM-0038

A decision was reached in the above case on the 29th day of May, 2023.


Thank you to all parties for their patience in this matter. Firstly, with regard to the defense's motion to suppress, the court will grant the suppression of the Guilty Plea mentioned in the arrest report. It should be noted that only the Court of San Andreas has the authority to accept pleas from the defendant, whereas the Los Santos Sheriffs Department does not. However, the court will deny the remaining parts of the motion to suppress. It is important to understand that written statements should not be altered in exhibits; they can only be deemed admissible or inadmissible. Therefore, the defense's request to modify certain wording is rejected. Additionally, the court finds no legal justification to suppress Exhibit 2, Deputy Alester Carter's statement.

Moving on to the Motion to Compel Discovery for Frank Haswell's Impound records pertaining to the incident, the court will grant this motion. The prosecution is hereby given a period of 72 hours to provide the requested evidence, if it is available.

Please be aware that the court will not entertain any further motions concerning this case, considering the significant delays it has already experienced. I will submit a scheduling tool to expedite the progression of this case towards trial.

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Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

Post by Robert Winejudge »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"



NOTICE OF SCHEDULING


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Shawn Morningstar
#23-CM-0038

An attempt to schedule was made and recorded by the court on the 29th of May, 2023.


All parties in this case are encouraged to complete the following Scheduling Tool in an attempt to schedule a trial on the above case.

In the event all parties have overlapping availability the Presiding Judge will determine the best date and time to have a trial take place and post a Notice of Trial informing all of the upcoming proceeding.

In the event some or all parties do not have overlapping availability, the Presiding Judge will continue to attempt to schedule the proceeding or seek alternative avenues to conclude the case.

If either party has the intentions of calling a witness to the stand during the proceeding they must inform the court by filing a Witness List at the time of filing their availability. If no Witness List is filed before the Notice of Trial is filed you will be unable to call a witness during the proceeding.

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Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

Post by Antonio McFornell »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTIFICATION OF COUNSEL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Shawn Morningstar

A Notification of Counsel was filed in the above case on the 1st of June, 2023.


I, Tony McFornell, a Prosecuting Attorney with the San Andreas Judicial Branch, will be representing the State of San Andreas in the underlying case.

I will be taking the responsibility of Primary Counsel and have filed my availability for scheduling.


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Deputy Attorney General
San Andreas Judicial Branch
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Antonio José McFornell
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Robert Winejudge
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Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

Post by Robert Winejudge »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

NOTICE OF TRIAL


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Shawn Morningstar
#23-CM-0038

A trial date was set on the above case on 3rd of June, 2023.


In accordance with the availability reported by both parties in response to the Notice of Scheduling, this trial shall take place at 05:00 PM ((UTC)) on the 10th of June, 2023 at Rockford Hills City Hall, Carcer Way, Metro Los Santos, SA.

Both parties are ordered to be present in the Judges Chambers no later than 15 minutes prior to the above listed date for pretrial arrangements. If complications occur that must result in a delay or cancelation of the trial, you are ordered to inform the court no later than 12 hours prior to the above listed date.


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Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

Post by Greg Kumerow »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

MOTION FOR DISCOVERY


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Shawn Morningstar
#23-CM-0038

A Motion for Discovery was filed in the above case on the 10th of June, 2023


The State of San Andreas by and through the undersigned attorney, filed this Motion for Discovery, and presents the following as evidence;


Exhibit #9:
Type of Discovery: Impound release report
  • Digital evidence
Spoiler
All Information from the Discovery Impound release report shows Mr. Haswell claiming a car 4 hours after the incident in question
Impound Release Report
Bert Martin wrote: Fri Feb 03, 2023 7:09 am Image
IMPOUND RELEASE REPORT
  • DEPUTY DETAILS
    • Full Name: Bert Martin
      Badge Number: 20489
      Callsign: 2-R-45


    VEHICLE DETAILS
    • Vehicle Model: Jugular
      Vehicle Color: Dark purple
      License Plate: 4U2NVI
      Vehicle Owner: Frank Haswell


    IMPOUND & PAYMENT DETAILS
    • Date of Impound: 2023-02-03
      Person Responsible of Impound: Adrian Spencer
      Fees Paid by Vehicle Owner: $12000


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San Andreas Judicial Branch
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Greg Kumerow
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Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

Post by Greg Kumerow »

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San Andreas Judicial Branch
Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

"EQUAL JUSTICE UNDER LAW"

  • Honorable Winejudge,

    First of all, apologies for the delayed response. Above is the impound release report for Mr. Haswell's car some time after the event in question occured. The Sheriff's department had initial qualms with releasing the report and the impound report that the defense was requesting does not seem to exist - or at least they were not able to find it - and this was the closest available document.

    Respectfully,

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    Senior Prosecuting Attorney
    San Andreas Judicial Branch
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Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

Post by Dmitri Leroy »

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Rockford Law

#23-CM-0038, State of San Andreas v. Shawn Morningstar




San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

WITNESS LIST


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Shawn Morningstar
#23-CM-0038

A Witness List was filed in the above case on the 10th of June, 2023.
  • The Defendant, Shawn Morningstar, by and through the undersigned attorney, filed this Witness List, designating the following list of individuals as witnesses, who may be called to the stand.

    Name of Witness:
    Frank Haswell
    Description: (party, fact witness, expert, other)
    Fact Witness
    Witness Agency:
    Department of Corrections



Sincerely,
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Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

Post by Antonio McFornell »

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San Andreas Judicial Branch


"HERE FOR YOU | SAFE FOR YOU"

  • Dear Judge Winejudge,

    The purpose of this notice is to formally present an objection to the latest witness list addition.
    The prosecution believes that presenting a motion for a witness just mere hours before the trial is highly unloyal, unethical and necesarily breaches the Code of Ethics.

    We request that the latest motion is not considered due to its untimely filing.

    Best regards,

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    Deputy Attorney General
    Director of the San Andreas Bar Association
    San Andreas Judicial Branch
    (909) 553-8869 — [email protected]
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Antonio José McFornell
Court Clerk
Director of the San Andreas Bar Association
Chairman of the Bar Ethics Review Board
Training & Hiring Staff

Express your satisfaction or concerns about Judicial Employees and licensed Attorneys.
Commend & Complain
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Re: #23-CM-0038, State of San Andreas v. Shawn Morningstar

Post by Robert Winejudge »

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San Andreas Judicial Branch

Superior Court of San Andreas
"EQUAL JUSTICE UNDER LAW"

ISSUANCE OF VERDICT


IN THE SUPERIOR COURT OF SAN ANDREAS

State of San Andreas v. Shawn Morningstar
#23-CM-0038

A decision was reached in the above case on the 10th day of June, 2023.


Before I begin with my verdict, I wanted to thank all of you for coming, I want to thank the Department of Corrections for acting as bailiffs. There were some confusions in this case due to the word ''suspect'' being used in the evidence which referred to another vehicle, a Jugular and the shootout that Shawn Morningstar was in the area of. The Court will focus on the Black Sultan Classic in this case, and would like to avoid any confusion about the other incident and vehicle.

On the second day of February 2023, Shawn Morningstar was at the North Gas station in paleto bay, with his Black in color Sultan Classic. Near this location, the Sheriffs Department engaged in a shootout with another individual in a similarly dark colored Jugular. The defense argues that as a cause of the shootout, Mr Morningstar, in fear of his life, fled the area in the incorrect lane of travel. The defendant was fired upon by a Law Enforcement Officer, the bullet then piercing his right shoulder, which is the reason for why he drove in this manner according to the Defense. The Defendant then collided with Agent Peter Stanford's cruiser, causing a head on collision. The defendant was then subsequently arrested and searched. When searched, 2 firearms were found on him, which lead up to him receiving a charge for Illegal firearm possession.

The prosecution argues, that no reasonable person, when faced with a dangerous situation like this, would put themselves in more danger, by acting in a reckless manner. The defense argues that the sole reason the defendant drove on the other side of the road on the highly populated highway, was because he was shot, and his instinct and desire to live kicked in, which caused him to commit the act of driving on the wrong lane of the highway. The defense also claims that the search of Mr Morningstars vehicle was unconstitutional and unlawful.

The Court finds, that even though Shawn Morningstar was in the area of a shootout, and he was fired upon by a Law Enforcement Officer, there were other measures he could have taken to make sure he is safe, such as hiding, or driving a different direction. The probable cause was reached by the Sheriffs Department when the defendant was to be charged with Reckless Operation, allowing them to search the vehicle, which led to the discovery of the firearms, which makes all evidence found on his person and in the vehicle lawful.

The Defendant will not be fined by the court for any amount regarding the case.

It is with the above considerations that I issue the following verdict:
  • On the count of VM03 - Reckless Operation of a Road or Marine Vehicle, I find the defendant, Shawn Morningstar, guilty.

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San Andreas Judicial Branch
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