Thursday, June 14, 2012

On Appeal Of Appeal Denial

Appeal denied, appeal of appeal denial is in process. Ed seemed to surprise them with the appeal of the appeal denial paperwork, submitted immediately.

Apparently the appeal denial is official after 30 days (what will the judges dream, I wonder).

The 6th Circuit State Appellate Court, in San Jose, is next.

The Santa Cruz judges were insistent about the illegality of sleeping as a form of protest and adamantine about the illegality of sleeping at all, in California.

When asked if it was OK for me to leave the county/state/country during the appeals process, they punted to the lower court judge, so that question remains open.


  1. I took a short nap on the bench, after the hearing.

  2. 30 supporters witnessed the right to use sleep as an form of expression at local public forum locations – courthouse, city hall, town clock -- denied in favor of property rights. The court apparently did not consider government property as a commons, and supported government's right to restrict the time, place and manner of expression.

    I perceived an oppressive assumption of guilt, and a drive to punish dissent – punish for using the system to demonstrate beliefs and exercise fundamental rights, punish for not pleading, punish with burdensome probation terms, punish with the maximum jail sentence for not accepting probation. These results, like the 75 River St charges, seem to omit common sense – sleeping is victimless, there are no harms, this seems an overuse of discretion, a zealous response to disrespecting the letter, not the meaning, of laws.

    Ed was bold and brave in his outrage; Gary seemed relaxed and not surprised at the result.

    I am embarrassed by my naivete in expecting a more just result.

    Also on the docket, ...

    A man whose first language was not English was fruitlessly trying to overturn a ticket for lane change on Highway 17. Only the officer and the driver were witnesses. The driver's story seemed credible, but the driver had no chance. Of course I don't know his driving history, what the traffic officer could see from his parked car, what the traffic load was at that time on that day, whether there's a ticket quota, … And I don't know what was brought out at the initial court date(s). I admired the man's determination and felt badly that his ticket was upheld.