Legal Update: Ex Post Facto Plus Case
In an order issued yesterday (copied below) the judge denied plaintiff’s request to amend the complaint, stating that “they may do so in a new action.” So that’s what’s going to happen. A new action will be filed.
Since the old action was not heard on the merits but was dismissed because the Plaintiffs were barred by the statute of limitations (an issue that arose after the case was filed), the new action will have a Plaintiff not barred by the statute of limitations and will not face that hurdle.
Await confirmation of the filing of the new action and for those who follow the case, the new case number, as soon as it is completed. We expect that to be before the end of this week.
It’s a frustrating speed bump, but certainly not the end of the road. The same arguments, experts and resources apply now as they did before.
Does v Swearingen – Order Denying Mot Reconsideration
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FAC, would you please remind us about what happened in this case to cause there Order discussed here and the reason for finding a new Plaintiff who meets statute of limitations requirements. Thanks
Does this means it starts from the very beginning? All that time and money…..just gone? I understand the arguments and so forth are in place to work with going forward, but we are back at square one?
We are not. The expert declarations and depositions will apply to this case.
Is there a legal case search engine that could search for a case where prosecutors used stacking scheme in regards to some civil regulatory process like driver’s license or some other simple reissueing certification to enhance some prosecution that was backed up by the court of appeals?
I’m looking to move to Prague/Germany as soon as possible. How can I go about it
I would start by contacting the embassy of each country and asking about the requirements to move if you are a RSO here in the USA. Unless you are financially secure, good luck getting a work visa in the EU.
Shaun, go to “common sense laws” on youtube. You will find all the information you need about moving to Germany
What does you moving to Germany have anything to do with Ex Post Facto? Please read comment policy.
Looks like they are passing the new Bill defining “day” just in time to hurt our case. It seemed like that was a large part of our case…
If legislature is forced to respond to our filing, that’s a win. Vagueness of “day” is one of many issues we raise, though.
From a layman’s perspective, I think this is good since there is a new plaintiff who does not have the hurdles. And it seems the State is on the run since some folks in the Florida legislature want to ammend the laws being challenged.