City Appeals Smoke Alarm Case, Spends Hundreds on Transcript

smokeDetector[1]The assistant city attorney from the “City of Keene” is now appealing their smoke alarm case to the Supreme Court. The Keene district court recently tossed out the city’s case against me because the city agents violated their own RSAs, which prohibit the fire chief from inspecting single family or duplex homes. Now, because they hate to lose and have plenty of your tax dollars to spend, the assistant attorney, Leon I. Goodwin III has filed a “mandatory appeal” and ordered up a $275 transcript of the two-hour hearing in district court on the validity of the original inspection warrant.

Here’s Goodwin’s appeal filing with the Supreme Court, which includes the transcript order form.

Does anyone know what happens with an appeal? Do I file a response once it is docketed? I’ve gotten a case past this point before. (Generally, I refuse to give the system money, so I don’t appeal. I’ve tried to get them to waive the fee, but it never works.)

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8 Comments

  1. Idiots.

    When is Keene requesting their BEARCAT? Can’t have all these anti-smoke-alarm-inspection folks just doing as they please…

    I have no advice, but just wanted to wish you good luck with the case.

  2. The Keene BEARCAT already happened. Search the blog for BEARCAT and go back to Jan-Mar 2012.

  3. seems to me … them sending you a date to do something would be in the mail soon, or to be somewhere

  4. http://www.courts.state.nh.us/rules/scr/scr-12-b.htm

    “The parties shall await a scheduling order, a
    prehearing evaluation conference order, a declination of acceptance order, or an
    order of summary disposition. The clerk shall issue a scheduling order as soon
    as practicable, unless a prehearing evaluation conference has been arranged, in
    which instance the scheduling order may be entered as part of the conference
    order.”

    “Scheduling orders may, as appropriate to the circumstances, set
    forth the dates on or before which the record, the opening brief, the opposing
    brief, and the appendices in the briefs or a separate appendix shall be filed;
    set forth whether a transcript shall be prepared and the extent of any such
    transcript; and may set forth such other matters as shall be deemed desirable or
    necessary. The court may, in a scheduling order or other order, define or limit
    the issues which the court will consider on the appeal.”

  5. im just going by what i think is logical;which could be way off

  6. That’s the problem with the government guys: whenever they go after you, you loose. Even if you are victorious in court, they have always successfully stolen your time and consumed your tax money.

  7. Was this just a last ditch effort by the private legal firm they hired? The Supreme Court has real cases to hear…

  8. Yes, now you just WAIT until you hear from the NH Supreme court.

    My guess … what you will hear will be an order of summary disposition affirming the lower court decision. End of story.

    Of course, if not, you may want to see if any of the questions set forth for the court to address need any more support than what the transcript (paid for by Keene) will provide.

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