State of SimDemocracy (Appellant) v Mooklyn (Respondent) 2023 SDSC 7

State of SimDemocracy (Appellant) v Mooklyn (Respondent) 2023 SDSC 7

Alternate citation	In re State of SimDemocracy v Mooklyn Appeal 2023 v2
Date of judgment	10th July 2023
Justices	Chief Justice Heath
Held	Original judgment which led to Mooklyn’s acquittal has been overturned and case remanded to the Inferior Court for a new judgment
Ruling	1-0
Applicable precedent	The Criminal Code does not allow the judiciary to create new crimes or create new requirements for the prosecution to prove criminal charges, 5, 12 The Discord and Reddit Terms of Service have supremacy over the Constitution, 9 Reaffirms, among others, In re NSFW Discord Channels 2020 SDSC 16 The state is allowed to create procedures and laws regarding how such Terms of Service violations are prosecuted, 9 Appeals of criminal acquittals and remanded proceedings do not constitute a violation of double jeopardy as they are both continuations of the original criminal case, 11

MAJORITY OPINION by Chief Justice Heath

Introduction

[1]. Mooklyn was charged with Conspiracy to Commit Harassment of the First Degree and Violating Discord Community Guidelines on Hate Speech. Mooklyn’s trial was concluded with Judge Yummy Turtle ruling Mooklyn not guilty on all charges. Literal, the Attorney General, has appealed the case to the Supreme Court.

Facts

[2]. The Constitution states in Article 9:

Ҥ3. The Supreme Court as represented by the Chief Justice may grant or decline petitions for but not limited to any of the following:

… §3.2. Appeals of any decision made by lower courts, which allow the Supreme Court to force a retrial, overturn an inferior court decision, or amend an inferior court decision”

[3]. The Constitution states in the Bill of Rights:

“Article 11 ― Equality before the law §1. Every person shall be equal before the law and be entitled to equal protection of the law.

§2. Equal protection of the law, and equality of rights under the law, shall not be restricted or abridged on the basis of protected characteristics.

§3. Protected characteristics shall include, race, religion, sexual orientation, gender identity, national or social origin, ethnicity, age, disability, religion, and political beliefs.”

[4]. The Constitution states in the Bill of Rights:

“Article 13 ― Right to privacy §1. Every person shall have the right to personal privacy.”

[5]. The Criminal Code does not specifically allow the judiciary to create new crimes or create requirements for the prosecution to prove; unlike the Judiciary’s power to recognize new torts given in the civil code.

[6]. Mooklyn can be charged for potential crimes committed in group chats. The Criminal Code states in Article 1:

“§2. A person may be prosecuted for crimes committed in direct messages with another person, if both are citizens of SimDemocracy.”

[7]. Harassment is to be defined as is described in the criminal code, including but not limited to,

“§1. Whoever, acting through malicious intent and with the intent to cause harm and suffering, continually through their own actions or instructing third parties to take action against a person, or a group of persons, thus causing said person or group of persons to feel apprehension and causing social harm, commits the crime of harassment of the first degree.”

[8]. Discord Terms of Service states they do “not allow harassing behavior such as sustained bullying, ban or block evasion, doxxing, or coordinating server joins for the purposes of harassing server members (such as server raiding)”.

[9]. Discord and Reddit Terms of Service are higher in the standing of law/rules than the Constitution. (cf. In re NSFW Discord Channels 2020 SDSC 16, 21; Reference re Length of Summary Bans 2020 SDSC 22, 40-43; Spade Law Firm, ex parte State of SimDemocracy (Appellant) v Freax (Respondent) 2020 SDSC 24, 6; In re Limits of Government Accommodation of Political Parties 2023 SDSC III, 5). The state is, however, allowed to create procedures and laws regarding how any Terms of Service violations shall be prosecuted.

How the Law Applies

[10]. The Constitution clearly states the Chief Justice may grant or deny appeals of any decision made by lower courts in Article 9 §3 & §3.2.

[11] This appeal does not violate Mooklyn’s bill of rights, specifically regarding double jeopardy. Double jeopardy is being charged for the same acts in multiple instances after a ruling is made, as in separate charges and/or a separate case. Appeals and remanded the case back to the lower courts does not violate double jeopardy, as they are continuations of the original case.

[12] The judiciary does not have the power to create new articles or requirements for the prosecution to prove, as it does not have the power. The Burden of Proof and definitions of charges are stated in either the Discord Terms of Service, the Criminal Code, or in some cases both.

Legalese For Future Consideration By All Judges

[13] No requirements for the burden of proof are to be created by any Judges out of thin air, the requirements for burden of proof are stated in Article 2 of the Criminal Code and definitions of law and Terms of Service must be followed perfectly.

[14] Judges are allowed to use dictionaries for the definitions of words when a definition is not given in any law. Any reputable site or book may be used.

[15] The Constitution states, “§3.2. Judges must provide the legal reasoning behind their judgements, citing relevant legislation and precedent.” This is being interpreted as the case must follow all law and precedent, the presiding judge must show specifically why they ruled the way they did and why the defendant is therefore guilty/not guilty or other. No exact quotations are required, but are greatly welcomed.

Conclusion

[16] The ruling by Judge Yummy Turtle is overturned. This case shall be remanded back to the lower courts for a new ruling. This new ruling must be made using only the arguments and evidence from the original trial.