Eclipse Government

DEFENDANTS NAME: Elijah Smori
DEFENDANTS PHONE: 4913801
DEFENDANTS ADDRESS: Braddocks farm
ATTORNEY NAME: N/a
ATTORNEY PHONE: N/a

OFFICERS NAME: N/a
RANK: N/a
BADGE NUMBER:
ATTORNEY NAME: I request one.
ATTORNEY PHONE:

DATE AND TIME OF INCIDENT(s): August 25th, around 8pm UTC

CHARGES BEING APPEALED: Felony Evading

DEFENDANTS STORY/OPENING STATEMENTS: (any evidence attached must pertain to or somehow involve the situation)
I was peacefully driving along with my cruise control set to 60 km/h. Out of no where, I was very unsafely rammed on a bridge and was almost thrown off the bridge to my death. Then a officer points his big gun at my head and tells me to get on my knees. I am 72 years old and I have arthritis! I don't know how this officer expected me to get on my knees in this condition. This officer claims I was fleeing from him! I had no reason to flee! I was doing 60 km/h! He states he used his megaphone but I am 72 years old and I can not hear as well as the young people these days. I was no danger as I am an old man and should not have been rammed on a bridge! I will be seeking therapy for the mental state this officer put me in. The officer name Steven Lee, that transported me to the prison was a very good young lad though. He deserves a promotion as he at least knows how to respect his elders.

Signed,
Elijah Smori

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• Mr. Smori,
  
  After a quick review of the information you have provided I would suggest you pursue this via the respective departments internal affairs division as it appears the main area of concern is officer misconduct. Should you be un happy with the results of the IA case you lodge, please reach out and we can look into this also. We do not pursue officer misconduct until after an internal affairs case has been concluded as often times they are resolved there internally.

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• From
  
  
  Honorable Bret Hyland
  Judge
  San Andreas Judicial Branch
  San Andreas Government

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• I apologize in the delay to this response, please reach out to an attorney and have them collect the appropriate information pertaining to this incident, such as arresting officer, charges placed. I will have either myself or a clerk look into this for you.

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• From
  
  
  Honorable Bret Hyland
  Associate Justice - Supreme Court
  San Andreas Judicial Branch
  San Andreas Government

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• Your Honor,
  
  My name is Zachary LaBlaze and I will be acting as counsel for the Los Santos Sherriff's Department in this case. I will be reaching out to my client and familiarizing myself with the case in the coming days and will be ready to proceed at the court's discretion.
  
  From
  
  Attorney Zachary LaBlaze
  State Attorney
  San Andreas Judicial Branch
  (209) 538 - 4399 / [email protected]

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• I will be assigning Court Clerk Holt to review this, and he will be under my supervision as he works through this case.

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• From
  
  
  Honorable Bret Hyland
  Associate Justice - Supreme Court
  San Andreas Judicial Branch
  San Andreas Government

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• Mr. Smori,
  
  Good afternoon. I am the Court Clerk appointed by Judge Hyland to oversee your case. Counselor Hugh Allgood has been assigned as your state-provided attorney to help represent you in this case. I suggest that you reach out to him via email and try to schedule a time to meet with him so that you may discuss your defense in-depth and so that he may answer any questions you may have about the process. Once you have meet with him, your Attorney can petition this court for certain records to help prove your case, such as arrest records, body-camera footage, and so on.

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• Respectfully,
  
  
  Hank Holt
  Court Clerk
  San Andreas Judicial Branch

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• Counselor Allgood,
  
  Have you had a chance to meet with your client? If not, I ask that you reach out to them and schedule at the very least a quick meeting to ensure that expectations are properly set, and that your client has received adequate counseling before proceeding with the appeal.
  
  I intend to hold a pre-trial hearing in roughly a weeks time to go over any evidence presented to this court, and from then on determine if a full hearing or a trial will be required. I ask that you request all the evidence that you will need before then.

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• Respectfully,
  
  
  Hank Holt
  Court Clerk
  San Andreas Judicial Branch

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• Mr. Holt,
  
  Unfortunately I have not been able to meet with my client in this case. Mr. Smori has not returned my e-mail or text messages, and I have attempted to call him several times, but his phone has been turned off.
  
  If Mr. Smori does not get in touch with me, is it this court's position that we are to proceed with representation in their absense? If so, I will begin my work on collecting evidence for this case.
  
  From
  
  
  Hugh R. Allgood
  State Attorney
  San Andreas Judicial Branch

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• Counselor Allgood,
  
  I have no desire to hold a hearing in absentia. Furthermore, based on the information provided in the appeal document itself, it seems unlikely to this court that you would be able to successfully mount an effective case without being able to consult with your client. While I do not require Mr. Smori to be present at the hearing if he does not wish to be there, I do at the bare minimum expect that attorneys have a chance to meet with their client, discuss various trial strategies, and agree on a course of action moving forward. This is vital, since by submitting the appeal, your client is potentially opening themselves up to further prosecution if this court determines that other penal code violations occurred during the incident.
  
  Continue trying to reach out to your client. If by October 11th you have still been unable to reach them, I will then make a decision as to whenever to grant a further extension or dismiss the appeal due to a failure by the Appellant to respond.

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• Respectfully,
  
  
  Hank Holt
  Court Clerk
  San Andreas Judicial Branch

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• The case of Elijah Smori (21-09-27-AP-007) has been dismissed by this court. The Appellant has failed to respond to multiple attempts by his Attorney to communicate and discuss the details of his case and his appeal with his representative. The reason for this dismissal rests on the following sentence from the Appeals Court Information & Application:
  
  "Those submitting appeal applications are subject to additional fines or criminal charges if the review reveals additional criminal actions committed by either party in relation to the appeal submitted."
  
  This court has not reviewed any evidence regarding the arrest of that day. However, should a review of the events of that day have in fact revealed that additional charges should have been levied, and should the proceedings have gone on in absentia (without Mr. Smori being present), this would have resulted in Mr. Smori finding out about the new charges when a police officer pulled him over for outstanding warrants.
  
  It is the duty of this court is to ensure that both the Appellant and the Respondent (in this case LSSD) are able to provide their arguments either for or against the charges levied, and to ensure that each and every citizen can enjoy a fair appeal. This court does not believe that Mr. Smori can have a fair appeal if his attorney is unable to properly reach and provide counsel to the appellant. And without access to their client, the Attorney for the Appellant would be at an inherent disadvantage at any hearing or trial. This disadvantage would not permit Mr. Smori, or anyone else in his position, to enjoy a fair appeal.
  
  A dismissal of this nature neither upholds nor overturns charges. While the practical effect may be that the crime of Felony Evading remains on Mr. Smori's records, a dismissal of this nature does NOT mean that the deputies were necessarily correct on that night. Similarly, a dismissal of this nature does NOT mean that Mr. Smori is not guilty of any other violations.
  
  
  Hank Holt
  Court Clerk
  San Andreas Judicial Branch