Home -> Law Blog Directory -> Appellate Law Blogs -> Appellate Law and Practice
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Appellate Law
: Appellate Law and PracticeCA1: proper punishment for a stalker that refused to retain a lawyer before not paying taxes
By S. COTUS
USA v. Steirhoff, 08-1183. Selya tries to be dramatic. He says ?The tale of how the stalker became the stalked follows.? Anyway, the defendant seems like a bad guy because he talked to the police without a lawyer. And he had about $100,000 in cash lying around. A true American would have the money in CDs or municipal bonds, and only terrorists and furries talk to the police without lawyers. Just like people that try and avoid taxation on their interest income, this defendant said that he didn?t pay taxes and didn?t trust banks. I hate him already.
Anyway, the state called the IRS, and the IRS started investigating him and found out that he wasn?t pulling his weight tax-wise.
Anyway, the legal issues are fairly straight-forward, especially when the defendant is a simpleton. This is absolutely no evidence that he retained a tax lawyer, and, as I said he is the kind of America-hating person that talks to the cops and consents to a search without a lawyer.
So, it should come as no surprise that a search of a briefcase is held to be within the scope of the consent this idiot gave the police. If he was a real American he would not have given the consent, and certainly not on boilerplate forms that say ?letters, papers, or other property." The defendant meekly asserted that he meant to consent only to a search of part of his computer for poetry. Ha ha. No cop wants to look for poetry. All they want are looking for his guns, pr0n and cash. Obviously, because Selya sees that this guy isn?t really acting like an American, he sides with the cops. As he usually does. He adds, ?A police officer is not required to take a suspect's statements concerning the whereabouts of incriminating evidence at face value.? See, if the defendant was a true American he would have not made a statement.
He also makes some BS argument that he wasn?t subject to the tax code. Obviously this fails. There was no evidence that he had retained a law firm to write him an opinion letter.
There is an interesting Cheek issue regarding ?willfullness.? And, in this case, since the defendant had a bunch of aliases, it was enough to infer that he was willfully not paying taxes.
Also, the Selya says that a ?summary witness? was okay. Selya let?s it pass by saying that the witness was just adding numbers up.
And, after affirming the sentence, Selya sends the guy that couldn?t be bothered to retain counsel until after he was arrested to jail by saying ?For aught that appears, the defendant was fairly tried, justly convicted, and lawfully sentenced.?
Full post as published by Appellate Law and Practice on December 01, 2008 (boomark / email).
Best Law Movies
Greatest Legal Movies selected by ABA Journal
Lawyer Jokes
Law Humor
Bextra Injury Risks
Bextra Increases Risk of Fatal Heart Attack
Bausch Lomb Renu Moistureloc Linked to Eye Infection Fusarium Keratiti
Contact Lens Solution Product Recall
Paxil Lawsuit
Paxil Claims, Lawsuits, and Injuries
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
Colon Cancer Patients May Not Be Receiving Proper Care
Blue Cross Blue Shield
alleging they have refused coverage for austic children
Overtime for Programmers
alleging that some companies try to avoid paying employees overtime by categorizing them as "salaried" employees.
Tax Discrepancies
Northwest Airlines pays IRS $12.6 million settlement for taxes and interest.
DLP
Ohio State to Receive $42 Million in Corporate Taxes Settlement
Personal Property Taxes
Village of Romeo pays Ford Motor Company a $1.2 million settlement for double charging.

Want to get out of paying taxes Dont try these excuses!
Tragic End of Paula Abdul Stalker
Snipess Kooky Views on Taxes Head to Florida Jury
Uma Fan: Stalker or Misfit With Strange Sense of Humor
Willens: Why Is OfficeMax Paying Taxes Despite Tax Credits in Excess of Tax Liabilities







