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Monthly Archives: March 2017

Murtwitnessone on Periscope Untitled (14)

There will be breaking news in relation to the case of The United States V Deric Lostutter as early as midnight April, 1 2017.

This new information will give a more complete insight into Deric’s case and reveal some interesting truths about Deric that have not been widely known.

Stay tuned

MURT

CM ECF ncmd CM ECF ncmd(2)There has been some movement of sorts in the civil case brought by Deric Lostutter against his three harshest critics.

On March 28th, The motion to have Deric’s case Dismissed, Deric’s response to the request and finally, Deric’s request for an oral argument by all sides to the court was submitted to Judge Schroeder.

CM ECF ncmd CM ECF ncmd(3)When the defendants filed their motion to dismiss the case, Deric promptly filed his objection to the dismissal and went on to point out the reasons why he felt the case should continue.

CM ECF ncmd CM ECF ncmd(1)Deric then filed a request that both the plaintiff and the defendants submit oral arguments to the courts citing their positions having to do with the request for dismissal and Deric’s objection to that request.

One other request by the Defendant’s besides the dimissal request was for something called a Gatekeeper Order.

Gatekeeper Orders.pdfThis unusual request came out of the accusations by the Defendants of Deric’s abuse of the court system by the constant filing of various motions, demands and lawsuits that have taken place over the past several years.

 

shro

These filings are now in the hands of the judge. He now will decide the direction the case will take in the coming days or weeks.

Will the motion to dismiss the case be granted?

Will the motion to dismiss the case be denied?

Will the motion for a Gatekeeper be granted?

And finally, will the defendants be compelled to engage in an oral argument either in person or by some other means to the court stating why they feel the case should be dismissed?

Stay tuned

MURT

 

 

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(60)I was a bit surprised by this development for I had thought Deric was representing himself pro se. This letter is either a formality or Deric has changed his mind.

There are some differences in this latest letter although the subject remains more or less the same.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(61)CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(62)This is likely the kind of proceedural things the courts partake in prior to any legal action down the road.

 

Stay tuned

 

MURT

 

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(58)

Sometime in the future, we will learn what grounds Deric is going to argue in his filings to the Court of Appeals.His options for appeal are extremely limited and his chances of being granted the appeal is slim to none.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(59)What will be learned from Deric’s appeal is his mindset. We will learn how he deals with defeat and to what extent he will go to tarnish anyone he felt let him down.

 If he thinks this is going to delay his report date, he will be in for a rude awakening.

Stay tuned.

MURT

Sixth Circuit United States Court of AppealsWell, it looks like Deric has found something with which to occupy himself while he is in prison. He is going to be a jailhouse lolyer.

There was a bit of a panic by a few after hearing the news that Deric was granted permission to go ahead with his appeal by the same judge that presided over the March hearing, but this turns out to be something that is fairly routine when it comes to the court of appeals.

cincourt

The appeals court is something quite different than the lower courts. Virtually all the proceedings are done through briefs filed with the court by parties involved. Nobody appears before the judges in these courts. Deric cannot use the process to gain some “outside time.”

There will be no trips to Cincinnati Ohio to appear in court all dressed up.

Deric, instead will spend his years in prison, pen (or pencil) in hand trying to argue his way out of jail.

Getting things done in court is a lengthy process. It will probably take months for this first appeal is ruled upon. By that time Deric will be getting settled into his new digs and be on the way to learn a new profession to practice when he is released.

prisoncook

Since he currently works at a restaurant, he will probably be a cook.

Order up!

Stay tuned

MURT

 

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(57)Some things you just cannot make up. When I read the order allowing Deric to go ahead with his appeal, I was amused to see WHERE the case was headed.

cincourt

The court that will either rule on or hear Deric’s appeal is located in Cincinnati, Ohio. Nice that he had to choose a city that I always Misspell.

Sixth Circuit United States Court of Appeals

I am now going to have to refresh myself on how the court of appeals works and what chances are that Deric has of going to get anywhere acting as his own lawyer with a court of this high level.

This is getting more interesting than I had anticipated.

Stay tuned

MURT

 

 

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(57)I am scratching my head at this one, but considering how busy the courts are, I am not exactly surprised that Deric was able to pull the wool over the eyes of the federal court.

The court says Deric does not have to pay the $505.00 fee to start the ball rolling on his appeal. Now the thing to watch for is what the grounds for his appeal might be. As much as I wish he would invest in a typewriter, I assume we all will have to incur eye strain in order to read whatever argument he submits to the court.

Looks like next week is shaping up to be an interesting one.

Stay tuned

MURT

prisonInmate Locator(1)

Someone posted last evening about Deric being on probation either before or after his pending imprisonment this coming May. On the twitter account that is claimed to be owned by his wife, this article was posted.

inepthttp://www.nolo.com/legal-encyclopedia/is-federal-parole-system.html

She claimed that the Probation option was eliminated by Congress in 1987 which is sort of correct. What she conveniently left out, however, is there is a new thing in place that is called supervised release.

 

probation v supervised release

Within the article was a link to this one which explains why probation was eliminated and why this does not bode well for Deric:

http://www.nolo.com/legal-encyclopedia/probation-supervised-release-federal-court.html

suprel

His wife should have wished that a parole option was in place for Deric. Under this new system, matters only got worse for him.

Stay tuned

MURT

 

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(43)

The revelation of the document release today has raised more questions than answers as those interested in Deric’s criminal case absorb what he has filed with the court.

A common thread in all of the questions is how is he and his wife able to live an elaborate lifestyle on what amounts to $75.00 a week and $535 per month in food assistance.

On the recent twitter account claimed to have been created by his wife, she posts about a lifestyle that goes far beyond the above income. And Deric does not explain how he is able to afford an apartment costing $850.00 per month and the $400 in utilities he is claiming to be paying.

Cars for Sale Used 2007 Saturn Aura XR for sale in Jacksonville FL 32210 Sedan Details 412211170 Autotrader

There is also the cost of the car he claims is only worth $1500.00 to operate. The car payment, insurance, gasoline and so forth.

This is all just the tip of the iceberg. These are also questions that court will be sure to ask. Deric is going to have a lot of explaining to do.

And now that he is is own lawyer, the job of explaining is about to get a whole lot tougher.

Stay tuned

MURT

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(43)Deric Lostutter has filed paperwork with the court claiming he is broke. I would suspect that this is an attempt to get out of paying the fine he owes the court as part of his sentencing.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(44)In examining the submission by Deric, I found a general outline of what had been his lifestyle and also some interesting financial information that came out.

As part of filing such an appeal with the court, Deric is required to submit a highly detailed report outlining his assets and liabilities as well as anyone dependent on his income along with their assets and liabilities.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(45)

What is interesting here is that Deric has claimed to have gone from an income of $3000.00 per month to a current $315.00 income for the past month and what would be expected next month. Keep that amount in mind for it will be important later. Another entry to take note of is the $535 that his wife gets per month in “food assistance.” Deric did not count this as income.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(46)

The first thing we learn or can assume is that Deric is only working part time at a local fast food restaurant. He is making a bit more than $75.00 a week (or so he claims) since May of last year. That brings up more questions later on.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(47)

Now here you can see that Deric is claiming that both he and his wife are in the red. He is claiming to owe $635.00 in business related debts and his wife apparently is over drafted in her checking account.

Between them, he claims they only have $32.oo cash in their possession. When one reads the new FreeDeric twitter account, some entries there point out some things that would call this and other claims in his filings into question.CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(48)

Now Deric lists the value of his 2007 Saturn Aura at $1500. Being in the automotive sales business, I was a bit curious how he came up with this one.

I spent a bit of time going through dealer listings all over the country for this car and assumed it was over 100 k miles which drops the value considerably. This listing was in the middle price range with some coming in more and some a bit less.

Cars for Sale Used 2007 Saturn Aura XR for sale in Jacksonville FL 32210 Sedan Details 412211170 Autotrader

If he is only putting a value of $1500.00 on that thing, I would put my ass on a plane with a cashiers check in the morning to take it off his hands. There is a bit of a problem, however, more on that later.

He also left the registration number blank. That is usually either the vin or plate numbers so that the government can check for themselves on what the thing is worth.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(49)

Here Deric is declaring that neither he nor his wife is expecting any money from anyone. Apparently their donation sites are not doing well.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(51)

Next we see that he has a 9 year old son along with his daughter living with him. Note that nobody remembers seeing any images of his son on any of his internet accounts.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(52)

Now this is where things get really interesting. One notable expense is ENTERTAINMENT. Deric claims to only make $315 a month yet is able to spend more than half of his income on entertainment.

Now comes another interesting entry, $30.00 per month for clothes. Normally when people buy clothes, they last a while. Also you can get great deals at thrift stores and Goodwill.

Murtwitnessone on Periscope Untitled (14)

I guess Deric can use the excuse he needs the money for suits for when he goes to court. Which is something he seems to do a lot.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(53)

Now he claims to owe no taxes which is rather odd and also note his car payment. $288 a month for a car he claims is only worth $1500.00???

Another thing to point out is that he has a $140.00 insurance payment on top of this. I would assume that he had to have full coverage on the car and with the usual deductibles put in place by insurance companies, he is likely only able to get $500.00 in the event it is totaled in an accident.

Now if that is not enough to leave people in wonderment, let us explore these next entries:

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(54)

If I read this correctly, the amounts on the right belong to the wife. Note that there is a $275 alimony amount that is paid OUT by her. There is also a monthly amount of $150 for a credit card installment. If she is paying the minimum amount, that means she has around $3000.00 give or take in either credit debt or line of credit.

He is putting his total debt on his end at $3253 which begs the question as to how is he able to afford to keep his apartment and car when he is only making $315.00 a month.

CM ECF U.S. Eastern District of Kentucky Version 6.1 CM ECF U.S. Eastern District of Kentucky Version 6.1(55)

The last entry reveals that He has either paid or claims will be paying $4700 in legal fees. I had heard that he was being represented pro bono but if this claim is correct, he actually paid for his legal representation and got off fairly cheap.

By studying this submission, I am sure the court is going to have a lot of questions one of which is how Deric is able to have such an enormous amount of debt when he is only generating a fraction of the funds needed to do so.

I am also wondering if the court is going to do an audit of his various donation sites and other accounts to see if they can prove or disprove his claims.

One other thing that Deric left out is what about all of his taxes and license fees? As a business owner he has to file a 1099 on his business. He also has to file a w2 on his employment regardless if he had to pay taxes or not. The court will want to see those. And what about renewing his auto tag. In NC that is somewhere between $50 and $75 bucks. And if the court sees the new twitter account, will that raise some  concerns by the judge?

I think Deric may have gotten himself into more trouble which seems to be a talent of his.

Stay tuned

MURT