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Originally Posted by Lawdog
First, why does it matter that Justice of the Peace Mahoney had died when the Minnesota Supreme Court tossed out his decision?
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It mattered only to the extent that Jerome Daly was disciplined for his part in this nonsense, but Mahoney was beyond the reach of the disciplinary committee.
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Third, Mahoney's decision was completely beyond the powers of a justice of the peace under Minnesota law.
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Definitely, a challenge to the validity of federal law is far and away beyond the capacity of a JP. In this particular case, the "decision" was on an issue that wasn't even argued in his court -- it was a trick to impede the filing of the bank's appeal from Mahoney to a higher tribunal. The legal significance of FNRs was not part of the case. So this "decision" was gratuitious as well as ghostwritten.