Game On

Let the battle commence! If you've kept up, you'll know I'm referring to that big case I'm working on where we've been challenging the constitutionality of statutes left and right, and winning, surprisingly enough. Let me recap: first there was the defamation charge, which the State conceded was unconstitutional. Then we took a shot in the dark at the identity theft charge, and, to my utter astonishment, we won that too, and the judge dismissed. Apparently not knowing when they were completely outmatched, the State appealed immediately. While they worked on that, I set my sights on another charge, decided I didn't like that either (factual grounds, not constitutional), and filed a Motion to Destroy. Once again, the State conceded I was right. And thus fell three of six charges.

Don't call it a comeback, folks - the State filed its appellate brief about a month ago. Upon initial reading, I wanted to cry. They had two arguments, both of which seemed dead-on. But I preservered, and for the past couple weeks I have been busting my ass to, yet again, create the law I as I wish it.

Well, now it's done.

And let me tell you, it's actually pretty damn good. My last brief on this charge was pretty lame, to be honest - it was mostly misdirection and logic-leaping. Put another way, it was much like the Underpants Gnomes business plan:

Step 1 - The defamation statute is unconstitutional.
Step 2 - ???
Step 3 - Therefore, the identity theft statute is also unconstitutional.

This time, however, I was actually able to come up with something. For several reasons, I think - partially because of the trial court judge's unbelievably favorable ruling, partially because the way the statute applies to the facts is slightly more favorable than originally thought, and partially because I found some relatively decent caselaw. So now it's all set to go, with my name included on the cover and everything.

Now the AG gets another chance to reply, then it's off to the Court of Appeals. Possibly the Supreme Court, if they agree to bypass.

Time for Thunderdome. I don't really expect to win, but holy balls if we did.....