Team Kimberlin Post of the Day

For several years, Brett Kimberlin had multiple LOLsuits pending. The TKPOTD for six years ago today provided an update of the status of the suits pending then.

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The Gentle Reader may have lost track of the various appeals that The Dread Pro-Se Kimberlin has filed in his current round of lawfare. Here’s the current status of the various cases:

Kimberlin v. Walker, et al. This was the first suit that TDPK filed in state court back in 2013 against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. Most of it was dispensed with on summary judgment. After TDPK had put on his case against Aaron, Stacy, Ali and me at the trial in August, 2014, the judge ordered a directed verdict in our favor. TDPK appealed, and a three-judge panel of the Maryland Court of Special Appeals upheld the Circuit Court’s findings in January, 2016. The Court of Special Appeals denied TDPK’s request for an rehearing by the entire court. He’s filed a petition for a writ of certiorari with the Court of Appeals.

Kimberlin v. National Bloggers Club, et al. (I). This was the RICO Madness LOLsuit that had two dozen defendants at one point. All but one count against one defendant (Patrick Frey) were dismissed in March, 2015. The case limps along as the Kimberlin v. Frey RICO Remnant LOLsuit. TDPK tried to appeal the dismissal in 2015, but the Fourth Circuit threw the appeal out because the case was still ongoing in the District Court. The case recently completed discovery, and TDPK is upset because the District Court won’t let him use confidential discovery material in other cases and won’t allow him to release it to the public. He’s filed a petition for a writ of mandamus with the Fourth Circuit asking that court to order the District Court to let him do as he pleases with the confidential discovery material.

Kimberlin v. Hunton & Williams LLP, et al. This is the RICO 2: Electric Boogaloo LOLsuit. It was dismissed last March, and TDPK is appealing the dismissal to the Fourth Circuit.

Kimberlin v. McConnell, et al. This was TDPK’s LOLsuit against Senators McConnell and Grassley for not moving the Garland nomination to the Supreme Court through the Senate. It was dismissed for lack of standing, and TDPK has appealed the dismissal to the Fourth Circuit Court of Appeals.

“Lawsuits for the rest of their lives.” That’s what Kimberlin promised.

We shall see. Meanwhile—

Τα πάντα είναι η διαδικασία όπως εγώ είχε προβλέψει.

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He lost every last one of those suits as well as the RICO 2 Retread state case and the RICO 3 federal case, but neither of those included me as a defendant.

AFAIK, the certiorari petition he says will be filed with the Supreme Court asking for review of some of his Speedway Bomber convictions is the only thing he has pending.

Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin is a liar, and a rather incompetent one at that. He got caught lying about dealing LSD which resulted in a perjury conviction just after he became an adult. The TKPOTD for eight years ago today dealt with another one of his lies.

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The Dread Pro-Se Kimberlin was convicted of perjury as a teenager, but that wasn’t the last time he lied in court. Mark Singer reported the following on page 322 of Citizen K:

At the third trial, he [Kimberlin] testified that Scott had taken possession of the Tovex to supervise further blasting in Jackson County, specifically tree-stump removal. This was perjury, he admitted to me.

And we’re still catching him at it.

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If I were to attempt an exhaustive list, …

Team Kimberlin Post of the Day

Brett Kimberlin has carried through on his statement that he would appeal his recent loss in the Seventh Circuit to the Supreme Court. His counsel has asked for an extension of time to file a petition for a writ of certiorari, and that request has been granted.

Here the application that was filed—

Stay tuned.

 

Team Kimberlin Post of the Day

Today is the tenth anniversary of Everybody Blog About Brett Kimberlin Day. The basis of my participation in that blogburst was a post titled Who is Brett Kimberlin?

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Today is Everybody Blog About Brett Kimberlin Day. This post is rather long because it quotes from court opinions and transcripts laying out facts that are matters of public record. He has been harassing bloggers who post truthful information about his past.

Here’s some information about Mr. Kimberlin from 637 N.E.2d 121 (1994) Brett Coleman KIMBERLIN, Appellant (Defendant below), v. Sandra Sue DeLong, Personal Representative for Carl David DeLong, Deceased, and Sandra Sue DeLong, Appellees(Plaintiffs below). No. 49S02-9406-CV-524. Supreme Court of Indiana:

Following the trial court grant of plaintiffs-appellees’ motion for partial summary judgment on the issue of liability, a jury trial resulted in judgments against defendant-appellant Brett Coleman Kimberlin in the sum of $360,000 for personal injuries to Sandra Sue DeLong and $1,250,000 for the wrongful death of Carl David DeLong. Continue reading

Team Kimberlin Post of the Day

Tomorrow will be the tenth anniversary of Everybody Blog About Brett Kimberlin Day. Ten years ago today, I posted Who is Brett Kimberlin? (A Preview).

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Here is a bit of Mr. Kimberlin’s history as found in 781 F.2d 1247 (1985), UNITED STATES of America, Plaintiff-Appellee, v. Brett C. KIMBERLIN, Defendant-Appellant from the United States Court of Appeals, Seventh Circuit.

On October 8th, 1980, a jury convicted defendant-appellant Brett Kimberlin of eight counts in a thirty-four count indictment. Four counts of the eight on which the jury convicted defendant charged that defendant had unlawfully possessed a Department of Defense insignia, in violation of 18 U.S.C. § 701 (1976). The other four counts on which the jury convicted defendant charged that defendant had falsely impersonated a Department of Defense police officer, in violation of 18 U.S.C. § 912 (1976). The district court sentenced defendant to consecutive three-year sentences on the section 912 offenses, and to concurrent six-month terms on the section 701 counts. Defendant appealed his convictions and sentences on the section 701 and section 912 counts to this court.

We have reviewed defendant’s numerous challenges to the legality of his sentences under 18 U.S.C. sections 701 and 912. We find that any duplicity existing among the counts charging these offenses constituted harmless error on the facts of this case and that these crimes were not greater and lesser included offenses. Furthermore, we agree that defendant’s consecutive three-year sentences on the section 912 offenses did not constitute cruel and unusual punishment.

Twelve years for impersonating a DoD police officer. Sounds like a right interesting person.

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I’m not done with him yet.

Team Kimberlin Post of the Day

Today is the tenth anniversary of the first post about Brett Kimberlin here at Hogewash!—a post titled No Thugs Zone.

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Fellow blogger and Maryland resident Stacy McCain has had to move his family out of the state because of threats related to blogging about Brett Kimberlin. He is not the only blogger suffering abuse from Kimberlin.

Mr. Kimberlin was unwise in choosing to pick a fight with the blogosphere. He is likely to find that, while we don’t always agree with one another, we have each other’s backs when the freedom of the Internet is threatened. Mr. Kimberlin and those who have supported him (I’m looking at you, Ms. Streisand [dead link, but here’s one to a contemporaneous post by another blogger]) have bitten off more than they can chew. The pushback is just beginning.

UPDATE–The McCain family is having a ton of unforeseen expenses because of their sudden move. I just hit his tip jar. Why don’t you?

UPDATE 2–Expect more, a lot more, about this on Friday.

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I’m not done with him yet.

Team Kimberlin Post of the Day

Almost 40 years after Brett Kimberlin’s convictions in the Speedway Bombing case, he moved for DNA testing of some hair samples presented at one of his trials. His motion was untimely, and the District Court denied his motion. Yesterday, the Seventh Circuit Court of Appeals affirmed the District Court’s denial.

The money quotes—

We need not resolve the question how this interpretation of § 3600A interacts with § 3600(a)—both are part of the Innocence Protection Act of 2004—because another basis exists upon which this appeal may be decided—untimeliness.

—and—

We have considered Kimberlin’s remaining arguments, and none has merit.

And so The Deadbeat Pro-Se Kimberlin maintains a perfect 0.000 batting average this century in the courts of appeal.

Team Kimberlin Post of the Day

Brett Kimberlin claimed that he has a lawyer willing to represent him pro bono in the filling of a petition for a writ of certiorari seeking to appeal the his recent loss in the Seventh Circuit.As of close of business yesterday, nothing is on the public docket at the Supreme Court’s website. However, Kimberliin has several week’s left before the filing window closes.

Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin is not only a liar, he he doesn’t know when to keep his mouth shut. As the TKPOTD from none years ago today details, he sometimes gets trapped into telling the truth.

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What perjury boils down to is lying under oath. Brett Kimberlin is a perjurer. He was convicted of that crime in November, 1973. He doesn’t seem to have broken the habit. I have seen transcripts of his testimony during the last couple of years where he denied, for example, having had his parole revoked. One need only search for Kimberlin v. Dewalt as a legal document using Google Scholar to find out about Kimberlin’s appeal of his parole revocation.

Speaking of Kimberlin and appeals and perjury, here’s a bit from one of the Seventh Circuits decisions on one of his appeals related to the Speedway Bomber convictions [United States v. Kimberlin, 805 F.2d 210 (1986)]. Kimberlin asserted that allowing the jury to hear about his previous conviction prejudiced them against him.

Defendant testified. During direct examination he testified that he had been convicted of perjury. Defendant argues that the government improperly inquired on cross-examination concerning the details of the offense. On direct, for the obvious purpose of minimizing the offense, and its impact on the jury, defendant testified he was convicted when he had just turned eighteen, the grand jury was investigating drug abuse at the high school, and no lawyer was with him when questioned before the grand jury. Apparently believing that the door had been opened, the prosecutor inquired whether the perjury consisted of telling the grand jury he had not sold LSD to certain persons when in fact he had done so. The answer was affirmative. No objection was made. We think there was no plain error, if error at all.

I don’t understand why anyone would believe him to be trustworthy.

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His criminal past seems to keep blowing up in his face.

Team Kimberlin Post of the Day

Brett Kimberlin already had a felony conviction for perjury during the Speedway Bombings, so it was federal felony for him to posses explosives. It was also a federal felony for him to posses a firearm. The TKPOTD for nine years ago today dealt with how effect such laws are in compelling compliance by criminals.

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As I’ve mentioned before, Brett Kimberlin is running a website called NRA Watch (No, I won’t link to it.) that supports a ban on modern sporting rifles such as the AR15. Back in the ’70s, when he was prohibited by the Gun Control Act of 1968 from possessing firearms because of a felony conviction, Brett Kimberlin had a significant personal arsenal. Here’s a partial description from the appeal of his bombing conviction to the Court of Appeals for the Seventh Circuit [805 F.2d 210 (1986)]:

ATF Agent Donovan testified that in a search of defendant’s home September 23, 1978, he found a .22 caliber rifle and two shotguns, a box of 12 gauge shotgun shells, a box of .22 caliber ammunition, and a clip containing four .30 caliber rounds. Twelve (12) gauge shotgun shells and 30.06 ammunition had also been found in the Impala. This evidence came in without objection.

Scott Bixler was a co-defendant with defendant Kimberlin in the Texas marijuana case. In rebuttal he testified that in the summer of 1978 he purchased seven AR-15 rifles at $300 each. Defendant Kimberlin supplied the money, and Bixler turned six of the rifles over to him. Days before, Bixler had purchased a shotgun for defendant Kimberlin. This testimony came in without objection. There was testimony that an AR-15 was found at the Patricia Strait residence in Texas, along with apparent bomb components, and that the serial number on the rifle was scratched through. This evidence came in without objection.

On redirect, Bixler testified, over objection, that he and defendant Kimberlin had shot a semi-automatic .22 caliber pistol with a silencer on the end of it. Kimberlin had provided this weapon. They shot it at the “airstrip,” a location which figured in the marijuana operation.

Six AR15s?

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Some how, I’ve managed to get by with only one.

Team Kimberlin Post of the Day

Brett Kimberlin’s worst mistake in all of his lawfare over the past decade was suing me. I was the first defendant to raise the argument that his reputation as a violent felon so bad that it was impossible to degrade it. The TKPOTD for eight years ago today outlined my argument.

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Here is another selection from my reply to The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.ECF 56-p10

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In fact, another group of defendants’ motion to dismiss the subsequent RICO Retread LOLsuit in state court was granted in part because the judge in the case found that Kimberlin was defamation proof before my similar motion was granted. But a court has now found that Kimberlin’s reputation bars any viable claim for defamation.

Team Kimberlin Post of the Day

Over the past few years, Brett Kimberlin has had a couple of appeals going to try to set aside some of this Speedway Bomber convictions. He’s been unsuccessful thus far, but he still has one of the cases before the Court of Appeals for the Seventh Circuit, and he’s announced his intention to try to get the Supreme Court to take up the other.

Kimberlin was sentenced to a 51+ year consolidated sentence for his Speedway Bombing crimes and a drug smuggling bust, and he served 13 years before he was paroled. That parole was revoked. The TKPOTD for nine years ago today dealt with that revocation.

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Most folks who have been following the Saga of The Dread Pirate Kimberlin know that he had his parole revoked, and most believe it was revoked for failure to make good on the judgment due Sandra DeLong. That’s true, but there was another reason—mortgage fraud. The following is from the U. S. District Court opinion upholding the revocation of TDPK’s parole [Kimberlin v. Dewalt, 12 F.Supp.2d 487 (1998)]:

On March 25, 1997 the Commission issued a summons that was served on petitioner on April 10, 1997, requiring his presence at a preliminary interview. Petitioner was charged with (1) submitting a fraudulent loan application by making a false statement as to a material fact when he denied having an outstanding judgments against him; and (2) noncompliance with the special payment condition. On April 25, 1997 petitioner attended a preliminary interview by Probation Officer Catherine J. Kirby. At that hearing petitioner denied the charges, claimed poverty and said he was trying to settle the matter with Sandra DeLong. Officer Kirby concluded that petitioner had fraudulently concealed from the mortgage company the true extent of his indebtedness and that he intended to “make sure that [Sandra DeLong] gets as little money as possible.”

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As of close of business on Friday, the Seventh Circuit hasn’t ruled on his pending appeal and the Supreme Court hasn’t docketed a petition for writ of certiorari from Kimberlin. I’m watching both the dockets of both courts.

Stay tuned.

Team Kimberlin Post of the Day

Yesterday’s TKPOTD dealt with Brett Kimberlin’s vain attempt at avoiding service of process when he was on the other end of a lawsuit. The TKPOTD for six years ago today expressed my lack of surprise that he tried to hide.

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No one should be surprised that Brett Kimberlin is evading service of process of the Hoge v. Kimberlin, et al. lawsuit. What else would one expect from the sort of coward who sets a time bomb and skulks away?

He can try to delay the inevitable, but it is still inevitable.

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Cowardly cowards gotta cower.

Team Kimberlin Post of the Day

Brett Kimberlin is a slow learner. Even after losing his first state LOLsuit against a group of defendants which included me and his first federal RICO LOLsuit against a larger group of defendants which included me, he refilled the state claims from that federal case against most of the us. Yet Another LOLsuit from seven years ago today was about that second state case.

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The Dread Pro-Se Kimberlin has filed state law claims from his Kimberlin v. The Universe, et al. RICO Madness in the Circuit Court for Montgomery County. He’s named the following defendants: National Bloggers Club, Ali Akbar, Patrick Frey, Erick Erickson, Michelle Malkin, Glenn Beck, Aaron Walker, Yours Truly, Lee Stranahan, Mandy Nagy, Breitbart.com (sic), DB Capitol Strategies, Dan Backer, Mercury Radio Arts, Blaze (sic), Ace of Spade (the blog), Ace of Spades (the blogger), RedState, and Twitchy.

The suit claims are for Defamation of Character, Invasion of Privacy (mentioned twice), Interference with Business Relations, Interference (with what is unspecified), Battery, Infliction of Emotional Distress, and Conspiracy.

That’s as much as I can gather from the Maryland Judiciary Case Search online database. I can’t make any further substantive comment about this LOLsuit until I’ve reviewed the complaint with counsel.

Comments are open, and suggestions for a working name for this LOLsuit are solicited. Please keep it clean.

UPDATE—TDPK forgot to add Mopery with Intent to Lurk again.

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He really screwed up by filing that second state case. As part of dismissing the suit for failure to state a claim upon which relief could be granted, the judge found that Kimberlin’s claims for defamation failed because his reputation as an infamous criminal was so poor that he was defamation proof.

Team Kimberlin Post of the Day

The past couple of TKPOTDs have dealt with Brett Kimberlin’s ongoing appeal in the Seventh Circuit Court of Appeals attempting to set aside some of his Speedway Bombing convictions. The Gentle Readers who are not familiar with that case may find the TKPOTD for seven years ago today helpful in understanding that case. It cites a court decision related to the revocation of Kimberlin’s parole.

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On June 11, 1980 petitioner was sentenced to four years following his conviction in the United States District Court for the Southern District of Texas for conspiracy to possess with intent to distribute marijuana.

On November 3, 1980 petitioner received a consecutive 12 year sentence following his conviction in the United States District Court for the Southern District of Indiana for possession and illegal use of Department of Defense insignia, illegal use of the Seal of the President of the United States, and impersonation of a federal officer.

On June 4, 1981 petitioner received a consecutive five year sentence following his conviction in the United States District Court for the Southern District of Indiana for receipt of explosives by a convicted felon.

On December 30, 1981 petitioner received a 50-year concurrent sentence from the United States District Court for the Southern District of Indiana for possession of an unregistered destructive device, unlawful manufacturing of a destructive device, malicious damage by means of explosives, and malicious damage by means of explosives involving personal injury. As set forth in his presentence report, during a six day period in September, 1978 eight bombs made of Tovex 200 dynamite were detonated in the Speedway, Indiana area. One bomb, placed in a gym bag in the Speedway High School parking lot, detonated on September 6, 1978, when it was picked up by Carl and Sandra DeLong after a high school football game. Sandra DeLong received permanent nerve damage caused by bomb fragments in her leg. Her husband Carl lost his right leg and two fingers. Carl DeLong received additional injuries to his inner ear, stomach, chest, neck and arm due to bomb fragments, and endured a series of operations. On February 23, 1983 Carl DeLong committed suicide at the age of 44.

On October 23, 1983 a Marion County, Indiana jury awarded $360,000 to Sandra DeLong for her injuries, and $1,250,000 for the wrongful death of Carl DeLong. The Indiana Court of Appeals reversed the wrongful death judgment, holding that Carl DeLong’s suicide was, as a matter of law, an intervening cause. The Supreme Court of Indiana reinstated the wrongful death judgment on June 13, 1994, finding that Carl DeLong’s death “was within the scope of harm intended by Kimberlin’s intentional criminal conduct.”

Sandra DeLong attempted to collect on her judgment by obtaining a writ of attachment against petitioner’s prison commissary account after a United States Probation Officer informed her that petitioner regularly transferred money to someone outside the prison. Petitioner promptly sued Mrs. DeLong, her lawyer, the probation officer, and various Bureau of Prisons and Department of Justice officials for money damages. Petitioner’s action was not successful. See Kimberlin v. U.S. Department of Justice, 788 F.2d 434 (7th Cir.1986).

Kimberlin v. Dewalt, 12 F.Supp.2d 487, 489-490 (D.Md. 1998).

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One of the reason Kimberlin’s parole was revoked was his failure to make restitution to Mrs. Delong.

BTW, even he were to be successful getting his criminal convictions related to the bombings set aside, the civil judgment will still stand. Just as OJ was found responsible for the death of Nicole Simpson, Kimberlin will still responsible for the bombing at Speedway High School that injured the DeLongs.

And he’ll still be a felon because of his perjury and dope smuggling convictions.

Team Kimberlin Post of the Day

Brett Kimberlin has filed another motion asking for a freebie lawyer as counsel for any as yet unscheduled oral argument in his remaining appeal at the Seventh Circuit Court of Appeals. He’s trying to get his Speedway Bombing convictions set aside.

There’s interesting information dealing with Kimberlin’s early failed appeal in paragraph 3 where he says former Solicitor General Neal Katyal and the firm of Hogan Lovells “have agreed to represent Appellant pro bon in the filing of a Petition of Certiorari to the Supreme Court to address Appellant’s wrongful conviction, the conflicts between the circuits re coram nobis, and the corrupt actions of the Government in Appellant’s case.”

I suppose that means I’ll have to keep an eye open for a petition.

Paragraph 5 raises this question: If a big time lawyer and law firm are willing to take on his other appeal, why is Kimberlin having to ask the court to “recruit” them as pro bono counsel in this case.

Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin has an appeal before the Seventh Circuit Court of Appeal seeking to overturn some of his Speedway Bombing convictions. His appeal is based on hair evidence (which he introduced) not being available for DNA analysis. He’s filed his opening brief, and the DoJ has filed the government’s response.

Kimberlin’s reply brief was due next Monday, but he managed to get it filed yesterday.

The case is now fully briefed, and it has not yet been scheduled for oral argument.

Stay tuned.

Team Kimberlin Post of the Day

The Court of Appeals for the Seventh Circuit has published the mandate in Brett Kimberlin’s appeal which it denied earlier this month.

He has 90 days from the date the court’s order was issued (9 March) to file for a petition for a writ of certiorari with the Supreme Court. (Supreme Court Rule 13)

Team Kimberlin Post of the Day

Brett Kimberlin has had a couple of appeals going in the Seventh Circuit attempting to overturning some of his Speedway Bombing convictions. The first appeal has been denied. He has filed his brief in the remaining appeal, and the Department of Justice has filed its brief as well. Kimberlin’s reply brief was due on 28 March, but he has filed a motion for an extension of time until 11 April.

The court has granted his request.

Those of you who had “Uses Ukraine as an excuse” in the pool can pick up your prizes in the break area. Murum Aries Attigit mugs are only available on line.

Team Kimberlin Post of the Day

Brett Kimberlin has had a couple of appeals going over the past year in the Seventh Circuit Court of Appeals attempting to set aside some of his Speedway Bombing convictions. The first sought a form of relief that cannot be effective because of his prior felony convictions for perjury and dope smuggling. The District Court denied his petition, and a three judge panel of the Court of Appeals affirmed that ruling. Kimberlin filed a petition for a en banc rehearing by the entire Court of Appeals. That petition has been denied.

His second appeal is still pending, and his reply brief is due on the 28th.

Stay tuned.

Team Kimberlin Post of the Day

The government has filed its brief in Brett Kimberlin’s second appeal in the Seventh Circuit attempting to overturn some of his Speedway Bombing convictions. Kimberlin tried to have his convictions thrown out because the government no longer had hair samples used as evidence over 40 years ago which Kimberlin wanted to have submitted to DNA testing.

The law he was relying on only applies for convicts currently being held in prison. Kimberlin was released before the law was passed. The law applies to evidence that the government introduced at trial. Kimberlin introduced the samples as part of his defense. Those were only two the reasons why the district court denied Kimberlin’s motions.

Here’s the government’s brief.

Kimberlin’s reply is due not later than 21 March,

Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin routinely files court papers which exceed the length allowed by the rules. He did so with his petition to the Court of Appeals for the Seventh Circuit for an en banc rehearing of one of his Speedway Bomber appeals. He filed a motion seeking an over the word limit petition, and the court has granted him permission to file. The court hasn’t granted the petition. It’s only accepted it for consideration at this point.

Team Kimberlin Post of the Day

Brett Kimberlin has a couple of cases going in the Court of Appeals for the Seventh Circuit trying to set aside some of his Speedway Bomber convictions. The Court has denied on of those appeals, and Kimberlin has filed a petition for a en banc rehearing.

He’s also filed yet another petition for a freebie lawyer to help with that appeal.

Stay tuned.