• Xhieron@lemmy.world
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      3 months ago

      At a glance this looks like a subject matter jurisdiction objection (as distinct from personal jurisdiction), which is not waivable and can be raised at any time or sua sponte–so you can keep it in your pocket forever and raise it whenever you’re desperate, which seems to be the case here.

      Edit: Looked at the motion, and that’s what this is. It doesn’t necessarily mean the motion is meritorious, but it’s timely.

    • CoggyMcFee@lemmy.world
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      3 months ago

      I’m not going to pretend that if I were facing jail time and my lawyer said “this is another legal thing that can be done in the hopes of avoiding jail time” that I would say “I broke the law, I should just go to jail and serve my time.” I’d probably do the thing my lawyer said was an option.