RSS
 

Posts Tagged ‘Appeal’

Using On-Line Legal Research …

17 Mar

( From “How to Win in Court” Course )
Click or Call 866-LAW-EASY Toll Free!

Find the Law that Controls the Judge!

You cannot win without controlling judges.

You cannot control judges unless you research and cite controlling “legal authority” for every point you seek to make on the court’s record!

The judge is not the authority!

You must make it crystal clear on the court’s record that the judge will be reversed on appeal if he rules against you.

Otherwise, a judge is free to ignore everything you say and rule any way he pleases in spite of what the law and facts may prove to the contrary … because he knows he will not be reversed on appeal.

The appeal process will not give you another bite at the proverbial apple. Either you make your points with the trial judge by researching and properly citing controlling “legal authority”, or you run the risk of losing your case and being stuck with the judge’s unjust decision forever!

Don’t believe me?

Go tell a judge what your personal opinions are about the law and how you think he should rule in your case, and see how far it gets you!

The only opinions that count in court are the written opinions of appellate court justices who stand in judgment of trial level judges and have power to reverse them if they disagree with appellate decisions in any way!

Your opinions (no matter how clever or persuasive) count for nothing in court.

You must clearly show the judge on the record by citing official legal authorities from appellate decisions, exactly what will happen if the judges rules against you!

Controlling judges is what wins lawsuits!

You control judges by making clear on the record what higher level appellate courts have ruled in the past, what opinions those higher courts have passed down, and why the higher courts will reverse the trial judge’s orders if he rules contrary to what the appellate courts require.

You must tell the judge why you should win – by citing official legal authorities the judge is required to obey:

  • court rules,
  • constitutional provisions,
  • statutes,
  • codes, and
  • most importantly the opinions of higher courts that clarify what those rules, constitutional provisions, statutes, and codes really mean!

What you think these things mean doesn’t count! Trust me!

How you choose to read and interpret those things doesn’t count. Learn from Jurisdictionary step-by-step

The only thing that counts is how the controlling appellate courts read and interpret them, and what they say those things mean in regard to the facts of your case.

The other side will cite legal authorities for their case.

You must do the same … if you want to win.

If you’ve wandered through a law library in search of legal authority, you were probably amazed to find crowded shelves stuffed with volumes of similar-looking books differing only by the mysterious numbers printed on their spines. Books that give no hint which one might hide the key to unlock the judge’s favor in your case.

In a well-stocked law library there are thousands of books.

You cannot possibly read them all to find what you seek, and even the indexes, appendices, and annotations are a complex nightmare that requires years of experience to master.

On the other hand, on-line legal research is easy.

We show you how in our course.

Learn how to use on-line legal research and how to cite case-winning legal authority with the affordable, official, step-by-step 24-hour Jurisdictionary self-help course!

So easy an 8th grader can do it!

 

How to Write A Petition to Vacate Civil Assessment Under CA Penal Code 1214.1

11 Dec

How to Fill Out a Petition to Vacate Civil Assessment under Penal Code section 1214.1 with the best legal argument to win and/or set up a Traffic Court Appeal Continue reading


 

Julian Assange Loses Extradition Case – Here’s the Text

02 Nov

The news that Julian Assange has lost his latest appeal to prevent his extradition from the United Kingdom to Sweden is all over the news sources. The Guardian has posted the judgment of High Court of Justice for that case…

 

Am I anti-semitic?

10 Sep

August 11, 2006

People have often asked me this question.  They say “Look what the Jews did to you, Judge Arnold Gold put you in prison the day before you had to appear in court to start defending yourself in the cases brought by Lynn and Nicolette, then kicked you out of your house to sell it and pay for the fees of opposing counsel (who sued you in the first place) who were 1. your wife’s divorce designer attorney Emily Shappell Edelman (Jewish), whose killer tactics no doubt helped kill her client,  and 2. Nicolette Hannah’s vicious attorney (Jewish), James R. Eliaser, whose killer tactics deprived a small boy of his father, who, I discovered too late, concealed the fact that he used to be an employee of the judge’s law firm Pachter & Gold. By granting these attorneys’ wishes, the judge effectively created the loss of my small son to me and me to him, and the exodus of the entire Clark family, less me, to the East Coast, and the fracture of the Redgrave brand.

Then there was Family Court Supervising Judge Aviva Bobb, who I believe is Jewish, who backed Gold up, kept awarding new fees to Eliaser, and then refused to let me buy my guest house so that I could continue to live in Topanga, keep my dogs, and not store my belongings and not live in a trailer. Just a reminder here of my expectations that celebrity pandering could not happen in Hollywood’s hallowed halls of justice since we read this on their

An Appeal to the Second Circuit got me a negative review from Justice Miriam Vogel, also Jewish.

An Appeal to the Supreme Court, after I had written to Chief Justice Ronald George, who I believe is also Jewish, was turned down.

And the media, which wouldn’t stop, appeared to get more fodder from the site of Hebrew University, where one of their professors made me her target for an absurd made up story setting out to prove her totally inapposite use of me in a legal paper.  Her name was Hila Keren, and to this day, I have received no response from her.

And then of course, there was Lew Wasserman, the top Jew in Hollywood, from the old House Calls breast feeding case.

Well, my answer to this all-important question is that far from being anti-semitic, I am, perhaps surprisingly, PRO-Semitic, and HUGELY ENVIOUS of them.

I have always respected the culture of the Jews, and their education, which certainly exceeds mine. I look up to them, and their low numbers among the world’s population has always astonished me.  Always an outsider, I even believe I have the soul of a Jew. I have made a point of making close friends with Jewish people.  (In fact, more than one of my girlfriends was Jewish.)

I WANT TO BECOME JEWISH, so that I could be completely like them, recognizably the same, but without their religious beliefs, a secular Jew.

I believe that there is the APPEARANCE of networking and mutual backscratching taking place.  Of course, business is all about mutual backscratching, nothing wrong with that, but if I am right, I want to be a part of THAT network.

It is absolutely no coincidence that I believe I could then enter the places where Jewish mingling and socializing take place. Clubs, temples, agents’ offices and so forth, where right now I would be unwelcome and refused entry. Perhaps because I am no longer attached to a celebrity.

It was Adolph Zukor, that originator of things Hollywood, founder of Paramount Pictures, who ages ago gave this deathless advice to newcomers to the Hollywood scene: “Talk British but think Yiddish!” That was right up my tree.

To this end, I have entertained the thought of taking a hint from Careen Johnson, a struggling black bricklayer and funeral parlor assistant who, dying to become successful as an actress, changed her name to Whoopee Goldberg.  She was smart, it got her an Emmy, an Oscar, a Tony and a Grammy. And of course she had the great talent to back it up.

Now me, I could change my name to Clarkstein or Clarkberg, but would it help? Not bloody likely! If I became a Jew aspiring to become successful as an actor or a celebrity, I would surely be advised to change it back to Clark.

Don’t think so?  Look at Emmanuel Goldenberg, Muni Weisenfreund, Julius Garfinkle, David Kaminsky, Bernard Schwartz, Jacob Cohen, Joyce Frankenberg, Aaron Chwatt and Ephraim Goldberg.  They changed their monikers to Edward G. Robinson, Paul Muni, John Garfield, Danny Kaye, Tony Curtis, Rodney Dangerfield, Jane Seymour, Red Buttons and Frank Gehry respectively. And then there was Larry King (interesting choice, but what is wrong with “Larry Zeiger Live”?)

No, I’m afraid that that can only be my fantasy.

But getting back to the law, I did make a point of hiring Jewish lawyers, who always keep their original names perhaps as a badge of office, oh, and a Jewish press agent, thinking that would help.

The first to defend me was Melvin S. Goldsman, and Marci Levine, Esqs. of Freid & Goldsman, their names giving them away.

I fired them when I found that my Mel allowed his Jewish adversary to write a time sensitive stipulation to Nicolette that could have led to the cessation of hostilities, didn’t read it because he was out of the office and there’s no money in ceased hostilities, and told his secretary to tell me to sign it, which I did.  Boy, was I green at the beginning.  Perhaps they were old friends. Perhaps they performed regularly for the Beverly Hills Bar Association.

My next was Steve Mindell, Esq.  I fired him because he was about as  aggressive as my little son’s kindergarten teacher.  When I asked him to get Lynn to open a joint bank account with me so that she could pay her share of the upkeep of our joint property during the three years of my lone occupation, he simply told me she wouldn’t agree. When I asked him to get our joint stock portfolo released from the freeze put on it at the height of the dotcom bubble so we could cash out, again, he wouldn’t do it. It would have meant getting a court order, and he wouldn’t go to court for it. Nothing appeared to be happening, other than his endless bills.

So then I hired noted hit man Mike Kelly, Esq., a referral from a Topanga millionaire divorcee lady friend.  Of course, he’s Irish, (the worst kind, I hear someone shout – but that’s a joke). I fired him after stretched-out months when he alleged I was trying to get Nicolette evicted from her little house by not paying the property taxes, so that it would be sold by the taxing authorities. He didn’t read the 1-page notice, which had been sent over to him by her tricky attorney Eliaser, who I’m sure had read it.  It wasn’t for me, it belonged to another John Clark, on a rundown foreclosing property in South Central Los Angeles!

My last lawyer (apart from my Appeal lawyers, also Jewish) was a Cy Schaffer (also a Jew), to whom I paid $50,000.  In court, Judge Gold said he had made an order that I was not to use funds from a tax refund to pay this lawyer, and he should immediately refund it to me. Schaffer protested.  Gold hunted for his order, then said he couldn’t find it, and told him he could keep the money.  Of course.  Naturally.

So now I was out of lawyers because I got sick of their dishonesty and stopped believing in them.  More important, I’d lost six hundred thousand dollars to them, and had no more money. That’s how I came to represent myself in court, and had to learn what it is to be a PRO SE.

Having wised up, my first appearance before Judge Gold was over the unread-by-my-attorney property tax inquiry.  There was Eliaser, sputtering to the judge that I was trying to get his client evicted. I showed the court the 1-page notice showing it didn’t belong to me.  Judge Gold just smiled, and thanked me for being smart enough to catch it. I asked for a sanction against Eliaser for wasting the court’s time.  Not granted. Of course.  Naturally.

As for my Jewish press agent, a gentleman named Michael Levine, a self-styled media expert, I hired him to give me advice on handling the media now that I was suing Larry Zeiger -sorry, King. I got no advice at all; he refused to visit me at my house, but I did find that my money, about thirteen thousand dollars, went towards starting his new wannabe Drudge Report, aimed at bringing down the likes of Mel Gibson and Michael Jackson and maybe me and others who APPEAR to be breaking his moral code (chuckle chuckle).  Networking again, is my opinion. But unlike Red Buttons, I did get a dinner, several actually. It wasn’t until after I had dropped him that I discovered that he used to be married to King’s current wife by whom he had a child. I think he should have told me about that before I paid him a penny.

So thanks, Arnold Gold, but no thanks. However did you get your robe of office? Must be quite a story, which I tell if you click here, and then scroll down a bit.

If I ever get as drunk as Mel Gibson, I’m told that I tend to act out my Jewish fantasy while singing the freedom chorus of the Hebrew slaves in their banishment.  My God, the middle one looks like HIM!

But when I sober up, I get to thinking more about what “they” did to me.  Here I am, my possessions lost or stolen, alienated by my kids and my family (I face back East to see them), removed from my house and my wealth by quasi-military enforcers, and exiled from Topanga, my Homeland. Then these words come to me.

As long as deep in the heart,
The soul of a Jew yearns,
. . . . . . . . . .
Our hope is not yet lost.

And Barbra comes to my rescue in song.

 

 

How to Fight a Traffic Court Civil Assessment When You Can’t Get a Court Date

20 Jul

If you missed a court date and the court added a civil assessment under Penal Code sec 1214.1 – then denied you a court date, there is a way to fight it. Here is an updated Step By Step Guide to trying everything this experienced criminal defense attorney can think of. Continue reading


 

Justia Offers Daily Case Notifications

28 Jun

Justia announced that it will supply daily opinion summaries for cases from the U.S. Supreme Courts, the Circuit Courts of Appeal, and all 50 state Supreme Courts. Summaries are sent via email and can be customized by jurisdiction and topic….

 

How to Appeal A Traffic Court Case

06 Jun

Step by Step Instruction on How to Appeal a Traffic Court Case in California. Free Forms on line and included. Continue reading


 

AM I ANTI-SEMITIC?

15 Sep

August 11, 2006

People have often asked me this question.  They say "Look what the Jews did to you, Judge Arnold Gold put you in prison the day before you had to appear in court to start defending in your case, then kicked you out of your house to sell it and pay for the fees of opposing counsel (who sued you in the first place) who were 1. your wife’s killer attorney Emily Shappell Edelman, whose killer tactics no doubt helped kill her client, who is Jewish, and 2. Nicolette Hannah’s killer attorney, James R. Eliaser, whose killer tactics deprived a small boy of his father, who is Jewish – who I discovered the concealed fact that he used to be an employee of the judge’s law firm. By ordering these attorney’s wishes, the judge effectively created the loss of my small son to me and me to him, and the exodus of the entire Clark family, less me, to the East Coast, and the fracture of the Redgrave brand.

Then there was Family Court Supervising Judge Aviva Bobb, who I believe is Jewish, who backed Gold up, kept awarding new fees to Eliaser, and then refused to let me buy my guest house so that I could continue to live in Topanga, keep my dogs, and not store my belongings and not live in a trailer. Just a reminder here of my expectations that celebrity pandering could not happen in Hollywood’s hallowed halls of justice since we read this on their mission statement.

An Appeal to the Second Circuit got me a negative review from Justice Miriam Vogel, also Jewish.

An Appeal to the Supreme Court, after I had written to Chief Justice Ronald George, who I believe is also Jewish, was turned down.

And the media, which wouldn’t stop, appeared to get more fodder from the site of Hebrew University, where one of their professors made me the anecdotal target setting out to prove her totally inapposite use of me in a legal paper.  Her name was Hila Keren, and to this day, I have received no response from her.

And then of course, there was Lew Wasserman, the top Jew in Hollywood, from the old House Calls case.

Well, my answer to this all-important question is that far from being anti-Semitic, I am, perhaps surprisingly, PRO-Semitic, and HUGELY ENVIOUS of them.

I have always respected the culture of the Jews, and their education, which certainly exceeds mine. I look up to them, and their low numbers among the world’s population has always astonished me.  Always an outsider, I even believe I have the soul of a Jew. I have made a point of making close friends with Jewish people.  (In fact, more than one of my girlfriends was Jewish.)

I WANT TO BECOME JEWISH, so that I could be completely like them, recognizably the same, but without their religious beliefs, a secular Jew.

I believe that there is the APPEARANCE of networking and mutual backscratching taking place.  Of course, business is all about mutual backscratching, nothing wrong with that, but if I am right, I want to be a part of THAT network.
 
It is absolutely no coincidence that I believe I could then enter the places where Jewish mingling and socializing take place. Clubs, temples, agents’ offices and so forth, where right now I would be unwelcome and refused entry. Perhaps because I am no longer attached to a celebrity.

It was Adolph Zukor, that originator of things Hollywood, founder of Paramount Pictures, who ages ago gave this deathless advice to newcomers to the Hollywood scene: "Talk British but think Yiddish!" That was right up my tree.

To this end, I have entertained the thought of taking a hint from Careen Johnson, a struggling black bricklayer and funeral parlor assistant who, dying to become successful as an actress, changed her name to Whoopee Goldberg.  She was smart, it got her an Emmy, an Oscar, a Tony and a Grammy. And of course she had the great talent to back it up.

Now me, I could change my name to Clarkstein or Clarkberg, but would it help? Not bloody likely! If I became a Jew aspiring to become successful as an actor or a celebrity, I would surely be advised to change it back to Clark.

Don’t think so?  Look at Emmanuel Goldenberg, Muni Weisenfreund, Julius Garfinkle, David Kaminsky, Bernard Schwartz, Jacob Cohen, Joyce Frankenberg, Aaron Chwatt and Ephraim Goldberg.  They changed their monikers to Edward G. Robinson, Paul Muni, John Garfield, Danny Kaye, Tony Curtis, Rodney Dangerfield, Jane Seymour, Red Buttons and Frank Gehry respectively. And then there was Larry King (interesting choice, but what is wrong with "Larry Zeiger Live"?)

No, I’m afraid that that can only be my fantasy.

But getting back to the law, I did make a point of hiring Jewish lawyers, who always keep their original names perhaps as a badge of office, oh, and a Jewish press agent, thinking that would help.

The first to defend me was Melvin S. Goldsman, and Marci Levine, Esqs. of Freid & Goldsman, their names giving them away.

I fired them when I found that my Mel allowed his Jewish adversary to write a time sensitive stipulation to Nicolette that could have led to the cessation of hostilities, didn’t read it because he was out of the office and there’s no money in ceased hostilities, and told his secretary to tell me to sign it, which I did.  Boy, was I green at the beginning.  Perhaps they were old friends. Perhaps they performed regularly for the Beverly Hills Bar Association.

My next was Steve Mindell, Esq.  I fired him because he was about as  aggressive as my little son’s kindergarten teacher.  When I asked him to get Lynn to open a joint bank account with me so that she could pay her share of the upkeep of our joint property during the three years of my lone occupation, he simply told me she wouldn’t agree. When I asked him to get our joint stock portfolo released from the freeze put on it at the height of the dotcom bubble so we could cash out, again, he wouldn’t do it. It would have meant getting a court order, and he wouldn’t go to court for it. Nothing appeared to be happening, other than his endless bills.

So then I hired hit man Mike Kelly, Esq., a referral from a Topanga millionaire divorcee lady friend.  Of course, he’s Irish, (the worst kind, I hear someone shout – but that’s a joke).

My last lawyer (apart from my Appeal lawyers, also Jewish) was a Cy Schaffer (also a Jew), to whom I paid $50,000.  In court, Judge Gold said he had made an order that I was not to use funds from a tax refund to pay this lawyer, and he should immediately refund it to me. Schaffer protested.  Gold hunted for his order, then said he couldn’t find it, and told him he could keep the money.

I fired Mike Kelly after stretched out months when he alleged I was trying to get Nicolette evicted from her little house by not paying the property taxes, and it was going to be sold by the taxing authorities. He didn’t read the 1-page notice, which had been sent over to him by her tricky attorney Eliaser, who I’m sure had read it.  It wasn’t for me, it belonged to another John Clark, on a foreclosing property in South Central Los Angeles!

So now I was out of lawyers because I stopped believing in them, lost six hundred thousand dollars to them, and had no more money. That’s how I came to represent myself in court, and had to learn what it is to be a PRO SE.

Having wised up, my first appearance before Judge Gold was over the unread by my attorney property tax inquiry.  There was Eliaser, sputtering to the judge that I was trying to get his client evicted. I showed the court the 1-page notice showing it didn’t belong to me.  Judge Gold just smiled, and thanked me for being smart enough to catch it. I asked for a sanction against Eliaser for wasting the court’s time.  Not granted.

As for my Jewish press agent, a gentleman named Michael Levine, a self-styled media expert, I hired him to give me advice on handling the media now that I was suing Larry Zeiger -sorry, King.  I got no advice at all; he refused to visit me at my house, but I did find that my money, about thirteen thousand dollars, went towards starting his new wannabe Drudge Report, aimed at bringing down the likes of Mel Gibson and Michael Jackson and maybe me and others who APPEAR to be breaking his moral code (chuckle chuckle).  Networking again, is my opinion. But unlike Red Buttons, I did get a dinner, several actually. It wasn’t until after I had dropped him that I discovered that he used to be married to King’s current wife by whom he had a child. I think he should have told me about that before I paid him a penny.

If I ever get as drunk as Mel Gibson, I’m told that I tend to act out my Jewish fantasy while singing the freedom chorus of the Hebrew slaves in their banishment.

But when I sober up, I get to thinking more about what "they" did to me.  Here I am, my possessions lost or stolen, alienated by my kids and my family (I face back East to see them), removed from my house and my wealth by quasi-military enforcers, and exiled from Topanga, my Homeland. Then these words come to me.

As long as deep in the heart,
The soul of a Jew yearns,
. . . . . . . . . .
Our hope is not yet lost.

And Barbra comes to my rescue in song.