Sievers Sidebar #4

[No it's not]

https://drive.google.com/file/d/0B3g3DEap84xwS1lTTXpOUVpuZkk/view?usp=sharing

-Nin

 

[Oregonmama]

Mark also thought the house on Jarvis was appraised to high....

 

[No it's not]

In layman's terms:

Mark’s lawyer basically argues, that the court should have struck the State's notice of intent to seek the death penalty, because it was untimely and defective for failing to include the aggravating factors.

That went as a "special rare appeal" ( my term..) aka "writ of certiorari" before the Second District of Court Appeal, State of Florida. However, that court decided, that the petitioner - Mark Sievers - did not meet the threshold necessary to even submit such an appeal. They also say, that even if the conditions for appealing had been properly met, it would still have been rejected.

Cliffnotes:

Petitioner has not met his burden of showing entitlement to certiorari review.


“must cause material injury to the petitioner that cannot be remedied on direct appeal.”


Both must be met: Irreparable harm+ departure from the essential requirements of law (violation of clearly established law resulting in a miscarriage of justice)


Petitioner failed to explain how his alleged harm is irreparable and how he has a due process right to live.


Petitioner has altogether failed to satisfy the threshold jurisdictional inquiry by demonstrating that he is unable to raise this issue on direct appeal. If convicted, Petitioner will have an opportunity to challenge the trial court's denial of his motion to strike on direct appeal.


A petition for writ of certiorari cannot be used as a substitute for an appeal or to give a party a second appeal.
Even if the petition for writ of certiorari had been properly pled, Petitioner would still not be entitled to relief because his argument is meritless.


The trial court did not depart from the essential requirements of the law by allowing the State to amend its notice.

Petitioner asserts that the court should have voided the State's original notice, rather than allowed the prosecutor to amend it, because it did not list the aggravating factors.

Florida law now requires that a prosecutor intending to seek the death penalty give notice to the defendant and file a notice with the court that lists the aggravating factors the state intends to prove. Fla. R. Crim. P 3.181; § 782.04 (1) (b), Fla. Stat.

Significantly, the "court may allow the prosecutor to amend the notice upon a showing of good cause." Id. (emphasis added)


The initial notice of intent to seek death penalty was timely filed.

ALL IMO, I am not a lawyer!

-Nin

 

[Oregonmama]

In layman's terms:

Mark’s lawyer basically argues, that the court should have struck the State's notice of intent to seek the death penalty, because it was untimely and defective for failing to include the aggravating factors.

That went as a "special rare appeal" ( my term..) aka "writ of certiorari" before the Second District of Court Appeal, State of Florida. However, that court decided, that the petitioner - Mark Sievers - did not meet the threshold necessary to even submit such an appeal. They also say, that even if the conditions for appealing had been properly met, it would still have been rejected.

Cliffnotes:

Petitioner has not met his burden of showing entitlement to certiorari review.


“must cause material injury to the petitioner that cannot be remedied on direct appeal.”


Both must be met: Irreparable harm+ departure from the essential requirements of law (violation of clearly established law resulting in a miscarriage of justice)


Petitioner failed to explain how his alleged harm is irreparable and how he has a due process right to live.


Petitioner has altogether failed to satisfy the threshold jurisdictional inquiry by demonstrating that he is unable to raise this issue on direct appeal. If convicted, Petitioner will have an opportunity to challenge the trial court's denial of his motion to strike on direct appeal.


A petition for writ of certiorari cannot be used as a substitute for an appeal or to give a party a second appeal.
Even if the petition for writ of certiorari had been properly pled, Petitioner would still not be entitled to relief because his argument is meritless.


The trial court did not depart from the essential requirements of the law by allowing the State to amend its notice.

Petitioner asserts that the court should have voided the State's original notice, rather than allowed the prosecutor to amend it, because it did not list the aggravating factors.

Florida law now requires that a prosecutor intending to seek the death penalty give notice to the defendant and file a notice with the court that lists the aggravating factors the state intends to prove. Fla. R. Crim. P 3.181; § 782.04 (1) (b), Fla. Stat.

Significantly, the "court may allow the prosecutor to amend the notice upon a showing of good cause." Id. (emphasis added)


The initial notice of intent to seek death penalty was timely filed.

ALL IMO, I am not a lawyer!

-Nin

Mark is screwed regardless. It is a waste of time but he's a stubborn one, JMO. I am still amazed re the amount of bills they had. All these mortgages plus IRS breathing down their back. I think TS finally got wind of it all!!!!

 

[No it's not]

Can we view it via Websleuths?

https://drive.google.com/file/d/0B3g3DEap84xwdWZucjRqNWFSbkE/view?usp=sharing

 

[Oregonmama]

Mark did not now what a spendthrift trust was....or did he know??? I am sure he did because he is certainly not stupid when it comes to him stealing money...loved the state's response to him asking what it was!

 

[beach]

the huge motion is now viewable! The condo in MO had two mortgages!, I do not think we knew that before!!!!! I received that information from the transcripts that were included in the exhibits............

We actually did know about the condo having 2 mortgages - that came out during one of the early bond reduction hearings. I remember being stunned because the info I had was that that condo was barely worth the mortgages.

NIN - Thanks for the heads-up on this motion. :blowkiss: I haven't even had a chance to view it yet but I will tonight.

 

[beach]

FYI - The mods are in the process of perusing through old discovery docs and interviews. We are soon going to generate a "List Only - No Discussion" thread that lists the incriminating evidence against Mark. Everything will be substantiated with links and/or screenshots derived from official docs and reputable sources. At first the thread will be locked until members can get a feel for the format, as it will be different from our usual topical discussion threads. After that, we will open it so members can help and follow up adding. There is so much we have forgotten....we need a place to keep these things for reference.

Bumping

I KNOW you guys think I have forgotten about this but I promise I have not. In fact, over the past 2+ weeks I have been re-sleuthing old discovery docs and saving everything in word docs so I can post it in some sort of order. I apologize profusely for the delay. Fact is - I was out of town last week and when I have been online ALL mods have been pretty much married to the Delphi, Indiana murder threads. Those threads have been consistently slammed with 400-700 folks on there at a time. Frankly, it has required all of us.

Promise to get this thread, plus another one that I want to open no later than this weekend. There is some good stuff in there that I believe we missed the significance of at the time.

 

[No it's not]

We actually did know about the condo having 2 mortgages - that came out during one of the early bond reduction hearings. I remember being stunned because the info I had was that that condo was barely worth the mortgages.

NIN - Thanks for the heads-up on this motion. :blowkiss: I haven't even had a chance to view it yet but I will tonight.

There you are.. :loveyou:

-Nin

 

[Deleted member 159541]

The date of the IRS assessment/tax lien was 7 months prior to Teresa's death.

 

[Deleted member 159541]

Also interesting that the American Express bills show past due amounts of approximately $4k+ - which suggest approximately 6-7 months of non-payment on the American Express bills.

 

[DexterMorgan]

Also interesting that the American Express bills show past due amounts of approximately $4k+ - which suggest approximately 6-7 months of non-payment on the American Express bills.

Mark was making sure everything was picked bone dry.

His mortgages had mortgages.

I even bet he had his 4.5 million dollars calculated to a Tee.

Jmo

 

[Deleted member 159541]

Mark was making sure everything was picked bone dry.

His mortgages had mortgages.

I even bet he had his 4.5 million dollars calculated to a Tee.

Jmo

Yes, the condo had a 2nd mortgage - the Jarvis home had a line of credit taken out that put the home significantly under water. Tax lien. But rather than pay the $4k due to American Express and the $32k tax lien he has $40k hidden in the house safe. It all speaks for itself.

 

[FishOn]

🤔
I thought there were 2 AEX accounts with balances ~$23K and ~$20K = ~ $44K that were brought against MS in the first listed case of the LeeCounty Court records that was "voluntarily dismissed"

 

[DexterMorgan]

Yes, the condo had a 2nd mortgage - the Jarvis home had a line of credit taken out that put the home significantly under water. Tax lien. But rather than pay the $4k due to American Express and the $32k tax lien he has $40k hidden in the house safe. It all speaks for itself.

He owed 44 k to American express.

He had 2 at 20k a piece.

Also. I thought heloc was only giving to those with equity in said home.

So I wonder if he originally had the condo in Missouri almost paid off and then got another loan on it?

Because why would they give him 40k if he still owed 40k on the MO condo thats only worth 60k?

 

[DexterMorgan]

God Bless Theresa.

She made sure that her family members were included in some of those trusts just in case Mark decided to do some B.S.

Plus the Florida law won't allow him to get money unless others give it to him if they win the trustee case and decides too.

But note how his mother doesn't have that right.

So good job T.S.

Because if Bonnie was on that paper work.

Mark would be flooded with cash about now. Jmo

 

[DexterMorgan]

When Mark was getting equity Loans. He stated they were worth billions.

But now he is looking for free representation.

He now wants us to believe that all appraisal values are too high.

Lmao.

Did he tell the banks this when applying for equity loans. Lol

 

[GutInstinct]

He owed 44 k to American express.

He had 2 at 20k a piece.

Also. I thought heloc was only giving to those with equity in said home.

So I wonder if he originally had the condo in Missouri almost paid off and then got another loan on it?

Because why would they give him 40k if he still owed 40k on the MO condo thats only worth 60k?

Probably with forged/altered/false info to lender.

 

[AmandaSkis]

Where did all the money go???? Were they living too lavishly?

 

[Deleted member 159541]

樂
I thought there were 2 AEX accounts with balances ~$23K and ~$20K = ~ $44K that were brought against MS in the first listed case of the LeeCounty Court records that was "voluntarily dismissed"

The $4k that I mention is the past due amount that was on the bills at the time of her murder. Yes, he owed a larger amount, but the payments were past due in the amount of four thousand.