Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread Elliott Hird
On 30 April 2011 02:46, Ed Murphy wrote: >  b) Rule 101 does not exist.  (These cases are intended to determine >     how the rest of the rules attempt to work; once that's established, >     then we can work out what falls afoul of no-double-jeopardy.) Gratuisilly: arguably pretending rule 101 d

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread Ed Murphy
omd wrote: > On Fri, Apr 29, 2011 at 7:41 PM, Kerim Aydin wrote: >>> No, because I appealed, and so the sentence was suspended. Then I >>> appealed again. Then the first appeals panel voted AFFIRM, so the >>> sentence was reapplied. If then second panel votes to affirm, it would >>> be applying a

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread omd
On Fri, Apr 29, 2011 at 7:41 PM, Kerim Aydin wrote: >> No, because I appealed, and so the sentence was suspended. Then I >> appealed again. Then the first appeals panel voted AFFIRM, so the >> sentence was reapplied. If then second panel votes to affirm, it would >> be applying a second sentence w

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread Kerim Aydin
On Fri, 29 Apr 2011, Aaron Goldfein wrote: > On Fri, Apr 29, 2011 at 19:31, Kerim Aydin wrote: > > On Fri, 29 Apr 2011, Aaron Goldfein wrote: > >> When 3004a was affirmed, I was sentenced to TIME OUT, and if 3004b is > >> affirmed, I will be sentenced to TIME OUT again, which I contend will > >>

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread Aaron Goldfein
On Fri, Apr 29, 2011 at 19:31, Kerim Aydin wrote: > > > On Fri, 29 Apr 2011, Aaron Goldfein wrote: >> When 3004a was affirmed, I was sentenced to TIME OUT, and if 3004b is >> affirmed, I will be sentenced to TIME OUT again, which I contend will >> not count. > > How much time out have you actually

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread Kerim Aydin
On Fri, 29 Apr 2011, Aaron Goldfein wrote: > When 3004a was affirmed, I was sentenced to TIME OUT, and if 3004b is > affirmed, I will be sentenced to TIME OUT again, which I contend will > not count. How much time out have you actually served, and are you serving time now. Re-appealing the same

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread Aaron Goldfein
On Fri, Apr 29, 2011 at 18:13, Ed Murphy wrote: > G. wrote: > >> On Thu, 28 Apr 2011, Aaron Goldfein wrote: >>> However, the punishment isn't being "replaced." I would be >>> simultaneously punished with two TIME OUTs. >> >> Since "two simultaneous time-outs" is still an identical net >> punishmen

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread Ed Murphy
G. wrote: > On Thu, 28 Apr 2011, Aaron Goldfein wrote: >> However, the punishment isn't being "replaced." I would be >> simultaneously punished with two TIME OUTs. > > Since "two simultaneous time-outs" is still an identical net > punishment, this argument has no bearing. Without extending this

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread Ed Murphy
G. wrote: > On a previous case, I remember finding that it was possible that due > to such consideration, the punishment would "stop working" in some > sense. I think it was finding that some Rests could be expunged and > some couldn't. CFJs 2709-10 and 2712-14 (I came across the latter while re

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread omd
On Fri, Apr 29, 2011 at 12:00 PM, Kerim Aydin wrote: > On Thu, 28 Apr 2011, Aaron Goldfein wrote: >> However, the punishment isn't being "replaced." I would be >> simultaneously punished with two TIME OUTs. > > Since "two simultaneous time-outs" is still an identical net > punishment, this argumen

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread Kerim Aydin
On Fri, 29 Apr 2011, Aaron Goldfein wrote: > On Fri, Apr 29, 2011 at 12:00, Kerim Aydin wrote: > > On Thu, 28 Apr 2011, Aaron Goldfein wrote: > >> However, the punishment isn't being "replaced." I would be > >> simultaneously punished with two TIME OUTs. > > > > Since "two simultaneous time-outs

Re: BUS: Re: DIS: Re: OFF: [CotC] CFJ 3004b assigned to G., omd, ais523

2011-04-29 Thread Aaron Goldfein
On Fri, Apr 29, 2011 at 12:00, Kerim Aydin wrote: > > > On Thu, 28 Apr 2011, Aaron Goldfein wrote: >> However, the punishment isn't being "replaced." I would be >> simultaneously punished with two TIME OUTs. > > Since "two simultaneous time-outs" is still an identical net > punishment, this argume