State of Minnesota v. Nicholas Rekieta, Kayla Rekieta, April Imholte

[AnOminous]

I hope the appellate court just summarily says that this isn’t an issue that meets the burden necessary for an interlocutory appeal, and punts it back to trial.

I bet this happens so fast Nick's head will spin even faster than it is already. I doubt it even succeeds as a delaying tactic because I don't even see the appeals court issuing a stay or thinking about it long. It is an exercise in pure desperation. If he thinks this has a snowball's chance, he's totally out of his mind. I hope he does, though, because the seething will be hilarious. Maybe he can even do another enraged cokestream and get himself raided again.

This Barneswalker's mix of underlining and italics and footnotes and inline notes makes my Bluebook cry.

On first glance I thought it was eccentric but might be some kind of peculiar Minnesota appellate style.

However, this does not appear to be the case. After looking at a few (not many) appellate briefs, all of them use italics to refer to case names. To be fair, while the actual rule specifies monospaced font and length in lines for briefs, it doesn't specifically address italics, underlining, or other things, so it is probably not the kind of thing they'd bounce a brief for. While this is a petition and not so much a brief, I'd assume similar rules would apply, and generally, italics are preferred for case names.

To be honest it's not the worst I've seen, and is at least consistent.

(The worst I've seen was not just because its arguments were terrible but because it was bound in a non-rules-conforming manner that left a sharp bit of staple protruding that cut a judge's finger. You can believe you're not going to fare well if your brief literally physically injures court personnel.)

 

[Martin Cooter King Jr]

LIVE LOOK:
The Minnesota Court of Appeals receiving Nick Rekieta's petition at 4:55pm on Friday

SIDE BAR:
These judges have to read thru a document with Nazi references among other things. Poor bastards probably thinking, "I didn't go to law school, clerk, and settle with government pay for this shit!"

 

[Niggergante]

Patriots in Control
Valkyrie Protocol in motion
Only those with integrity will ascend. Eyes Open.
Q (over)

Slightly off topic but I swear to God if Q-posting comes back after Trump wins I'm going to go insane

 

[Mike Stoklasas Spock Ears]

Edit: This guy's Facebook feed is.... interesting...

Further Edit: Looks like Brian was hired by FWL very recently. Poor guy probably has no clue what he just stepped into.

Upon reviewing this guy's facebook feed, that post you screenshotted is not in reference to Nick's appeal. His post on October 24th, the day it was filed, is. It is this post, screenshotted below and archived here.

Leaving my office after a 14 hour day. Life in a small firm means covering down on each other when emergencies happen but legal things also still need to happen. I finished and made my master sergeant’s filing to the Court of Appeals with about 25 minutes to spare.

He says he filed this as a favor for "his master sergeant." This is in reference to his boss, Francis White III, who IS a retired master sergeant, according to his twitter profile.



He also says he made this filing "with about 25 minutes to spare." This lines up with the fact that he filed Nick's appeal 22 minutes before midnight on October 24th. The Facebook post itself was made a few minutes later, at 11:51 pm.



Not sure what the big rush was. Maybe Minnesota courts have deadlines we don't know about, or maybe Nick is strung out and yelling at his lawyer to get this filed ASAP. Or maybe Francis is just having a really hard time in his personal life...

We can’t be too hard on Francis. He has been distracted by things at home. The unthinkable has happened. His son has trooned out.

 

[AnOminous]

SIDE BAR:
These judges have to read thru a document with Nazi references among other things. Poor bastards probably thinking, "I didn't go to law school, clerk, and settle with government pay for this shit!"

A glaring omission is he failed to include the obligatory picture of Hitler in lederhosen.

 

[Balldo's Gate]

He also says he made this filing "with about 25 minutes to spare." This lines up with the fact that he filed Nick's appeal 22 minutes before midnight on October 24th.

Not sure the big rush was. Maybe Minnesota courts have deadlines we don't know about, or maybe Nick is strung out and yelling at his lawyer to get this filed ASAP. Or maybe Francis is just having a really hard time in his personal life...

The deadline for what Rekieta's requesting is 30 days. The order was filed September 24, meaning yesterday (October 24) would have been the last day.

 

[prolapsed_cranium]

The funniest outcome would be, Rackets wins this appeal, gets his Franks Hearing, and loses it.

That's what will happen since SJW doesn't think this shit had merit to start with

 

[AnOminous]

The deadline for what Rekieta's requesting is 30 days. The order was filed September 24, meaning yesterday (October 24) would have been the last day.

I'm sure the appeals court will be duly impressed that the situation is so urgent that the emergency appeal got filed at the last possible moment.

Ordinarily it really only matters whether you get it in on time at all, but when you're requesting extraordinary relief and you pull that, it really undercuts any argument you had that the appeal represents the kind of emergency that justifies it.

I know I usually point out it's pretty common practice to file on the deadline date, but there are times you don't and this is one of them.

My only bet on this other than DENIED is they're definitely going to chuck this back in less time than it took Nick to file it on the last hour of the last day. Maybe even next week. I would honestly not be shocked if it's Monday or Tuesday.

@talk talk talk I know in many states that they look at petitions like this on an accelerated basis, usually to deny them. Is that likely to be the case here?

 

[Himedall All-seeing Waifu]

Balldo really wants that Franks hearing. He mentions it 10 times in the document, each accompanied by a gay little underline.

View attachment 6560799

If this works like 'Beetlejuice', Farmers should be able to counteract his invocation easily by numerical superiority.

It's gotta just be willful ignorance. Nick is one of those guys that thinks being right on a technicality is clever and badass. Anytime he's making some retarded argument it's about the specific wording or interpretation of something.

"No you don't actually know we went to hedonism, you just saw photos of us in the bathroom at hedonism. You're inferring that we went to hedonism. Stalker child."

"No I never implied that they planted cocaine. I never said those words"

Nick can be *technically* fucked in prison. #NoHomo

You are right, and he needed to have this beaten out of him as a smug child.

If I were prosecution I would start adding prison time to the offers... Seems like Nick is either dragging this out or just on drugs... I really see none of this improving his case.

This would just galvanise him to fight it. Unless that is what you want...

Nick's state has sentencing guidelines, and under the most harsh interpretation, he still avoids any jail time. He probably thinks he has nothing to lose--except his parents' money. Dignity and self-respect are worth nothing to him.

Upon reviewing this guy's facebook feed, that post you screenshotted is not in reference to Nick's appeal. His post on October 24th, the day it was filed, is. It is this post, screenshotted below and archived here.



View attachment 6561427

He says he filed this as a favor for "his master sergeant." This is in reference to his boss, Francis White III, who IS a retired master sergeant, according to his twitter profile.

View attachment 6561452

He also says he made this filing "with about 25 minutes to spare." This lines up with the fact that he filed Nick's appeal 22 minutes before midnight on October 24th. The Facebook post itself was made a few minutes later, at 11:51 pm.

View attachment 6561447

Not sure what the big rush was. Maybe Minnesota courts have deadlines we don't know about, or maybe Nick is strung out and yelling at his lawyer to get this filed ASAP. Or maybe Francis is just having a really hard time in his personal life...

A valuable correction!

However, once he is DENIED again, what do you think the odds are that Nick blames his lawyer for farming this out? Nothing is EVER his fault. If that fails, he can blame the woke mind virus for infecting White's troon son. The LEFT conspired against him!

We have potential years of content!

 

[Useful_Mistake]

New entry

It appears to just be a re-upload of the original order dismissing Nick's Franks motion

 

[SMOCAINE 4]

At least Nick has the decency to file this crap using his own money grandparent's Petrofac legacy, instead of going IFP.

Man I REALLY wish he would file IFP so we could see a list of his costs/expenses every month. Seems like a move he’d make considering he loves wasting judicial resources.

 

[Harm]

New entry
View attachment 6561645
It appears to just be a re-upload of the original order dismissing Nick's Franks motion
View attachment 6561651

I know this isn't what's happening, but if they responded to his appeal with the same exact document denying it that'd be priceless.

"Your request for a Franks Hearing is denied."
"Okay, I'll appeal it then!"
"Alright then, here's the same exact denial again. Still denied."

 

[AnOminous]

Nick's state has sentencing guidelines, and under the most harsh interpretation, he still avoids any jail time. He probably thinks he has nothing to lose--except his parents' money. Dignity and self-respect are worth nothing to him.

It would require an upward deviation from guidelines and judges often don't like doing that. They have to justify the upward deviation with facts established in the record or at trial. I do think some of the relevant factors apply. For instance, while the child neglect/endangerment charges against both Nick and Kayla are separate charges, they also reflect on the severity of the underlying drug charges, and that the neglect went so far that one of the children was actually harmed by it makes it worse. That's an aggravating factor.

Still, I wouldn't expect an upwards deviation even though it's possible. Both the prosecution and the judge would have to be on board.

I know this isn't what's happening, but if they responded to his appeal with the same exact document denying it that'd be priceless.

They won't bother justifying it with any reasoning. It will just be denied without explanation. The State won't even have to reply unless they grant review. Also it technically isn't an appeal. It's a petition to be allowed even to appeal at all, since the general rule is you can't appeal a decision like this.

There is absolutely nothing special about this run-of-the-mill evidentiary decision.

 

[Bogliacci]

It's a petition to be allowed even to appeal at all

Petition to please make the thing that stopped happen.

 

[zimzam88]

Its clear this retard has a humiliation fetish and wants more people in the justice system to watch his coke stream. I'm glad he's still impotently defiant though, its more funny this way.

 

[Martin Cooter King Jr]

New entry

It appears to just be a re-upload of the original order dismissing Nick's Franks motion

Both the prosecution and the judge would have to be on board.

Quick Rekieta, we're so confused! Nick, fire up a stream and explain it all so we understand why all these lawyers are wrong! Hurry Nick, we don't know if we can believe @Useful_Mistake or @Balldo's Gate! Let us know on Locals what time you're going to stream tonight so we don't miss it!

 

[Useful_Mistake]

Quick Rekieta, we're so confused! Nick, fire up a stream and explain it all so we understand why all these lawyers are wrong! Hurry Nick, we don't know if we can believe @Useful_Mistake or @Balldo's Gate! Let us know on Locals what time you're going to stream tonight so we don't miss it!

Just to clarify the post you are replying to. That is most likely a copy of the order Nick attached as an exhibit (MCRO seperates exhibits from motions for some weird reason). It shouldn't denote anything special.

 

[talk talk talk]

@talk talk talk I know in many states that they look at petitions like this on an accelerated basis, usually to deny them. Is that likely to be the case here?

My experience is that they would rather kick it out in the first instance. There's really nothing special in the petition. At best they will issue an order inviting briefing on whether they should take it or not.

While we are all entertained by Balldo's fucked up life on the internet, the actual case is a plain and ordinary possession case against a first-time offender with some kids. There's nothing legally interesting or fucked up about it. The polycule and Balldowashers are funny as hell, but legally irrelevant. The only reason it has gone on so long is that Nick has money to pay for dumb shit that gets DENIED.

In contrast, his appeal in the Montagraph case did raise interesting legal issues. Choice of law for things on the internet is a hot and interesting topic. Possession of an ounce of coke by a middle-aged guy with more money than sense is boring.

ETA:

(MCRO seperates exhibits from motions for some weird reason).

Court admin has been pushing us to file every document (including exhibits) separately to make it easier to handle personally identifying information. They want to be able to hide individual exhibits if they choose without hiding an entire filing.

The result is that your inbox gets flooded by dozens of documents if a motion has accompanying affidavits and exhibits.

 

[Martin Cooter King Jr]

Just to clarify the post you are replying to. That is most likely a copy of the order Nick attached as an exhibit (MCRO seperates exhibits from motions for some weird reason). It shouldn't denote anything special.

Totally aware. Just had a much needed @AnOminous snark moment

 

[Useful_Mistake]

Totally aware. Just had a much needed @AnOminous snark moment

Just making sure. Though, I kinda look silly now.