Brett Kimberlin has another appeal in process at the Seventh Circuit Court of Appeals seeking to have some of his Speedway Bombing convictions set aside. He has a reply brief due next week. Thus far, he’s maintained a perfect record of failure in the Seventh Circuit. The TKPOTD for eight years ago today dealt with his first appeal to that court.
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Brett Kimberlin is rarely at a loss for words, especially when he’s writing a court document. His complaint in the Kimberlin v. Walker, et. al. lawsuit is 27 pages long. That’s not close to the record. Mark Singer tells this story at the start of Chapter 23 in Citizen K:
In February 1984, a 273-page appellant’s brief in the matters of U.S. v. Kimberlin was delivered to the clerk of the United States Court of Appeals for the Seventh Circuit. Several cases titled U.S. v. Kimberlin—all the convictions from the 1979 indictment in Indiana, as well as motions for new trials—had been consolidated into a single appeal, which sagged under the burden of the disparate factual and constitutional complexities the petitioner wished to address. This hernia-inducing brief grossly overshot the fifty-page maximum length permitted by the court, and it was rejected by the senior staff attorney of the Seventh Circuit without receiving even a cursory reading.
Brett Kimberlin is no stranger to poorly-written, technically deficient court paperwork.
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The pool calendar for the date the court denies Kimberlin’s appeal is posted in the break area.