Oh Brother!

Court Document No. 16-6001

Appellant’s Transcript Report/Order Form is non-compliant for the following reasons: Transcript Order Form lacks specificity regarding which proceedings are to be transcribed.

Appellant is ordered to file a corrected Transcript Report/Order Form by June 15, 2016.

Failure to comply with this deadline may lead to dismissal of this appeal for lack of diligent prosecution.

I really don’t know how attorneys remain calm and carry on in the face of such blatant tactics obviously employed with the goal being to justify dismissal of the appeal at any and all costs. This court clerk, Margaret Carter, must truly be a narcissistic imbecile who cares not a whit that it is obvious to anyone with a first grade education that under “Hearing Dates” David Patton has written (See attached Exhibit B).

Honestly Margaret, what part of “see attached Exhibit B” don’t you understand?

And to include, in bold letters at that, that if this form is not corrected (meaning done the exact way you want it when the first submission was perfectly understandable, acceptable and actionable as is) you threaten the possibility of dismissal of the entire appeal for, incredibly, lack of diligent prosecution????


The way an order form is or is not filled out is sufficient to dismiss an entire appeal? The way an order form is or is not filled out rises to the level of “lack of diligent prosecution?”

I can not adequately convey the disdain I feel for you.

What your brief response reveals about your ability to fulfill the duties of your job description and quite possibly your character is beyond odious. The system within which persons of your type thrive also stinks in the nostrils.

You should be ashamed.

Sadly, I am sure you are not. I therefore anticipate that at the appropriate time you and those you take orders from in this case will be shamed on the day when forces beyond your ability to resist or deceive will cause you to reap what you have sown.

I guess David Patton will have no choice but to submit twenty-five separate order forms as this clerk is obviously so mentally challenged she can’t follow clear and simple instructions in attachment form.

I can imagine his office receiving this reply from the court, passing it around to the rolling of eyes and exasperated sighs, followed by the comment from one of those gathered:

“Welcome to the experience of trying to secure justice for our client, Dzhokhar Tsarnaev, who the courts of this country are determined to deny justice at all costs.”

I could never be an attorney; remaining calm and professional in the face of deliberately obtuse responses is not my strong suit. But blogging about such responses when I see them – is.

I’ve been listening to a song today by Jose Gonzalez called “Stay Alive.”  I find a portion of the lyric to be most appropriate right now:

Well  the way I feel is the way I write.

It isn’t like the thoughts of the man who lies.

There is a truth and it’s on our side.

Dawn is coming; open your eyes.




7 thoughts on “Oh Brother!”

  1. Just now reading this. Hope Patton hopped a plane to clerk’s office, filled out required info with Margaret at counter–answering each of questions on recording to play back for her and the court if subject arises again. Verifiable results?

  2. There is no doubt Dzhokhar will continue to encounter many roadblocks, but I think of it as a giant complicated maze which there is a way out of eventually, and Dzhokhar will find his way. It is shocking however to think that a death penalty case with the life of a young innocent person could be so easily tossed out due to a form not being properly filled out. The “justice” system obviously does not value the sanctity of a human life. This is so telling about the state of this country.

    1. It sure is Julie… Why not just reject the form and let it be at that? The person could then just redo it and submit the form again. What was so offensive to me was tying the possibility of having the appeal dismissed for the outrageous claim of lack of diligent prosecution to the rejection of a form. There just is no excuse for that kind of heavy-handed response unless you are looking for a reason, any reason, to dismiss the appeal no matter what reason you have to use.

  3. Reading this makes my bones tremble Lynn from madness. Is she that illiterate to read or she just another blind sheep being tossed around this crooked justice system that is desperately trying to stop the truth from coming out…that Jahar is innocent. Are they that afraid of Jahars appeals being accomplished to either another trial or even exonerated that they have to come up with the most lame excuse unimaginable that they are willing to dismiss an entire appeal. I don’t know whether to laugh at this court clerks response and her inhumanity for true justice or simply scream out to fulfill her duty and stop taking orders! One thing I know …Jahar will always encounter unfair justice and there will always be someone who will try to stand in the way from truth coming out. Thing is God knows the truth and he will be the one to set Jahar free. Great blog Lynn!

    1. I used to see this kind of nonsense in the corporate world all the time. The Bible calls it “defrauding the one in the right with meaningless arguments.”

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