… such as this one from Supreme Court Haiku of the Day: The Law of the Land in Seventeen Syllables for the SCOTUS decision in J. McIntyre Machinery v. Nicastro: Hand hurt by machine Maker did not target state No…
Posts Tagged ‘Day’
Chief Justice Roberts Announces Retirement of Supreme Court Librarian Judy Gaskell
28
Jun
On the last day of the SCOTUS term Chief Justice Roberts announced yesterday: ”The Court also notes today that the Court’s Librarian, Judith Gaskell, has announced her retirement. She will be leaving us before we reconvene in the fall. Ms….
Axiom Law’s Temporary Labor Business Model
16
Jun
Well, it’s not “day labor” but Axiom Law has created a profitable niche by provided lawyers to law firms and corporations for temporary assigments on matters. According to a recent Forbes article, we’re not talking about run of the mill…
Don’t Sit on the Fence: Why you should come to the PLL Summit?
08
Jun
Time is running short. So if you are on the fence about attending, jump off and sign up. The day is packed with great programming but I am sure you have seen all the emails publicizing the programming. So, I…
Official Illinois Reports Published by West Not Yet West-Mart’s "Deal of the Day"
03
Jun
But, hey, Illinois Office Supreme Court Reports, 2d and Illinois Official Appellate Reports, 3d are both on sale today at West-Mart (both pages last visited on June 3, 2011) and you can buy them with an “assured pricing plan.” Due…
Google’s New Official Search Blog
31
May
From the “Hello World” post of Google’s Inside Search: “Here you’ll find regular updates on our algorithms and features, as well as stories from the people who work to improve Google every day.” [JH]
What Were/Are We Fighting For ?
30
May
| What are we asked to remember on Memorial Day?
I have a T-shirt that says, “Freedom is not Free!” It’s true! But! Can blood alone purchase liberty for us? Does war promote peace by war alone? Surely those who gave their lives (or arms and legs and eyes and more) in the struggle of violence to overcome all enemies of individual rights should be remembered today! Had those we honor today not valiantly opposed others hell-bent on ruling the world with “another vision”, we’d be living in an entirely different world … probably without any of the liberties you and I enjoy today. But! What were/are we fighting for if it is not for a system of law-and-order that protects the innocent and honors the rights of us “individuals”versus a so-called “public policy” that twists Justice to favor the demands of money and corrupt political influence? Surely we are not so naive as to believe we can enjoy the blessings of liberty without a system of law-and-order that protects us all … right down to “the least of these”, as Jesus said it long ago! The “least of these” was His way of asking us to care for those who have no money or political influence. I mention “the least of these” not in a “religious sense”, but as a mind-jolter for us to remember why those killed and wounded fought and why some continue to fight! It was not to preserve our flag, but for what our flag is supposed to stand for! It was not to overcome an armed foe, but to protect us from a system of government rule that would ignore “due process and the Rule of Law”. It was not to defeat tyranny, but to protect a nation of ideas and legal principles where The People come first! Oh, my dear friends. You’ve been so faithful to us these past 14 years since we launched Jurisdictionary. My words can never tell how much we appreciate your encouraging calls and emails when the small effort we’ve made for you has turned to your advantage in your warfare of lawsuits and other courtroom battles where Liberty ultimately must be preserved by LAW. Pray the Great Architect of this Universe protect those in harm’s way for our sakes … but pray, too, for that way of life in which each of you have great power to demand Justice in our courts, to overcome money and political influence by a method given to you by those who suffered and died for you, to perpetuate a wonderful way of life for your children and future generations threatened by their own lack of knowledge about their power in courthouses that must be made to work hand-in-hand with the power of our military might! My wife Kathryn and I and our entire family wish you and yours the very most pleasant Memorial Day this year and ask only that youremember what we are fighting for and that blood alone cannot preserve our Liberties. I call on each of you to teach as many as you can that INK wisely used must honor the spilled BLOOD! Please, dear friends. Consider what I say to you today! Without the wise use of words, ideas, rules of justice, and law that protects the innocent, vast oceans of blood can never secure for us a world of peace, prosperity, and personal liberty. I call on YOU to urge everyone to learn what the ones we honor today freely gave their sacrifice to protect! Learn how to use your own ink to truly honor the blood they spilled for you and me! Learn the principles and practices of Justice! Demand that your leaders honor the maxims of our traditional principles of common law! Demand that your judges and lawyers obey the law that makes your Liberty possible! And, please don’t imagine for a moment that sending out thousands of emails or parading in the streets will save the system of law that must in the long run protect us all. YOU MUST LEARN THE RULES OF JUSTICE IF THEY ARE TO BE PROTECTED FROM THE RICH AND POWERFUL WHO WISH TO TWIST THOSE RULES FOR THEIR OWN GAIN ! Only by getting involved in the honorable fight with words can we hope to protect the peace and secure Liberty and Justice for ALL ! Politics has its place … but it is not enough! Military force has its place … but it is not enough! YOU HAVE POWER TO COMMAND GOVERNMENT BY USE OF OUR COURT SYSTEM! Learn how to use YOUR power in the fight for truth! You have power to control your neighbors, big business, even the ever-increasing annoyance of splinter groups who whine and complain about non-essentials at the expense of the rest of us rank-and-file Americans! Remember and honor those who gave so much so you could enjoy this day in peace and liberty. But! Do not forget what they fought for and continue to fight for on foreign soil and here at home! Ink and Blood. Blood and Ink. Our peace cannot endure without them both. If you are not called this day to the field of honor, to be in harm’s way for the sake of others, then do your part by learning how to USE YOUR INK TO FIGHT FOR JUSTICE! Together, with wisdom and mercy on our side, we can keep the Lamp burning as long as the earth stands! And, who knows? Perhaps future generations will look back to what YOU did to make the world safer for them! … Dr. Frederick D. Graves, JD ======================= |
You will lose your case if you don’t cite “legal authority!”
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 judge rules against you!
This is how smart lawyers win in court.
Stupid lawyers are afraid of judges, afraid to threaten appeal, so they lose … routinely!
Clever argument is not enough.
Knowing the law is not enough.
Even having all the evidence is not enough!
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.
Read the testimonials ⇒
You must provide citations to official legal authority in motions, memoranda, objections, and verbal arguments at hearings and at trial (if you don’t win before trial using the easy-to-learn methods we teach in my affordable step-by-step official Jurisdictionary course).
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 they mean doesn’t count!
Trust me! I’ve been at this for 25 years!
How you choose to read and interpret the law doesn’t count a bit … not even a tiny bit!
The only thing that counts is how the appellate courts read and interpret the law, and what they say the law means 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 to do it in our official course.
Learn how to use on-line legal research and how to cite case-winning legal authority in my affordable step-by-step 24-hour official Jurisdictionary self-help course!
Know how to control the judge – or you will lose!
These “Tips & Tactics” newsletters are only the very tip of the iceberg of lawsuit knowledge you need to win. If you don’t already have my 24-hour step-by-step self-help course, go to my website and order now!
Learn how to research and cite … so you can WIN!
Dr. Frederick David Graves, JD
In Remembrance for Those Who Have Died Serving Our Country: Oliver Wendell Holmes, Jr. on the Observance of Memorial Day
30
May
Source: Photo by SGT Parker, US Army, The Old Guard. Arlington National Cemetery’s 2007 Flags In. Arlington National Cemetery Excertps from two Memorial Day addresses by Oliver Wendell Holmes, Jr. In Our Youth Our Hearts Were Touched With Fire (1884):…
FINE FINALLY FREED!
UPDATE Friday, January 14, 2011
Fine and his daughter Victoria need to get their act together. If his 18 month coercive confinement in solitary is to have any meaning and a good result, we, his supporters, need to be kept informed. The latest information that I had was that he would be in court number 86 down at the Stanley Mosk courthouse at 9:30am, in front of Judge Ann Jones, you can come and Visit us and so we will feel more supported with your presence since at this time is when we need your support the most . I went. Nada. Nothing. Coming home, I find after much computer searching that she had recused herself as one of the accused judges, and the case was reassigned to department 85 in front of Judge Robert O’Brien with no date for a hearing, back on December 16th. How are his admirers to know if they are not on someone’s personal email list?
It’s not good enough for a fan site. It needs a blog kept up-to-date by Richard Fine himself. Enough said!
********************
September 18, 2010
This is BIG news. He won! It can be done! As a PRO PER too!
From the L.A.Times, Scott Glover, September 18, 2010:
LAWYER ABRUPTLY FREED FROM JAIL
Richard Fine, 70, had spent a year and a half behind bars on contempt charges. Richard Fine has contended he was being targeted because of his challenges to county-funded benefits that judges receive on top of their state pay.
A 70-year-old lawyer who was sentenced to jail “indefinitely” on contempt-of-court charges was abruptly released Friday evening after spending a year and a half behind bars. He was released from Los Angeles County Jail in downtown Los Angeles shortly after 9 p.m. but did not wish to speak to a Times reporter, said his daughter, Victoria.
Fine, an antitrust and taxpayer advocate attorney, was thrown in jail last year by Superior Court Judge David P. Yaffe for failing to answer questions about his finances and for practicing law without a license. [His brave fellow lawyers at the ABA had taken his license away from him – an embarrassment to their lying profession, no doubt!]
The contempt charges stemmed from a case Fine filed on behalf of Marina del Rey homeowners who sued local developers. He had been ordered to pay sanctions and attorneys’ fees in the case. Fine contends he was being targeted by Yaffe because of his challenges to county-funded benefits that judges receive on top of their state pay.
Rather than comply with Yaffe’s orders and be released from jail, Fine vowed to take his case all the way to the U.S. Supreme Court. In May, however, the [“justice for all”] court declined to take up his petition, meaning he could have remained in jail indefinitely as Yaffe had ordered.
The judge could not be reached for comment late Friday.
While in solitary confinement, Fine filed habeas corpus petitions for his release with the California Supreme Court, District Court and the U.S. 9th Circuit Court of Appeals, alleging that Yaffe was biased against him and should have recused himself from the contempt-of-court case.
His imprisonment was “the latest encounter in the 10-year campaign by Fine to restore due process in the California judicial system,” the attorney, who has been representing himself, wrote in his petition to the U.S. Supreme Court. “Fine is the only attorney, of the approximately 208,000 California attorneys, with the courage to challenge the California judiciary,” he wrote.
In a telephone interview with The Times in May, Fine said the U.S. Supreme Court had made the wrong decision by allowing him to remain in jail. He said he would be filing another petition.
“I’m in fighting condition,” he said. “They haven’t broken me down, and they won’t break me down.”
Interesting to note that on September 16, Judge Yaffe made a minute order that Fine should be imprisoned for a further 6 months after which there would be a hearing, and then ON THE VERY NEXT DAY, reversed himself with an order that he should be set free. True, it was the Day of Atonement, (being the first day of Yom Kippur), but I don’t think this moved his change of heart.
I’d rather speculate another reason that this took place. We may never know, but could it have been by Executive Order from the president?
Imagine, he’s sitting across from Ahmadinejad, trying to explain, and complain. Ahmadinejad isn’t listening. Instead, he’s asking how it is that a U.S. citizen is sitting alone in a government prison for a year and a half, on the orders of an American judge, without due process, and brings up images of glass houses.
Obama’s not doing much better with Chavez, who looks at him with a barely concealed smile on his face.
As for Castro, he just slaps his knee, points, and laughs and laughs.
So it becomes a national security issue; there’s a phone call from the White House, and right is finally done. And Yaffe will probably go into hiding after announcing his resignation from the bench.
For a full explanation, and background, to this very shocking very American story, the Full Disclosure Network link provides it here.
And as a lesson to all of us pro pers who would file briefs in court, and could do with a model of clarity and succintness, read Richard’s all-inclusive complaint addressed to some of today’s power brokers.
THREE CHEERS FOR FINE! WELL DONE! YOU DID THIS FOR THE DOWNTRODDEN, AND NOW IT’S ONWARDS AND UPWARDS. YOUR SACRIFICE WILL NOT BE FORGOTTEN!
READ THE ACTUAL COURT DOCUMENTS HERE, courtesy of the FULL DISCLOSURE NETWORK:
These documents, written by Richard Fine, are models of construction, especially given that they were written while confined to a jail cell. THEY WERE IGNORED! Which leads one to the question, WHY BOTHER? What’s the alternative in this greatest country on God’s Green Earth? What follows is one man’s experience in the justice system of these United States:
1. CALIFORNIA SUPERIOR COURT (L.A.). In Judge David Yaffe’s Courtroom. Case No. BS 109420. Notice of Hearing to Order Release. Filed on May 21, 2010. After filing Judge Yaffe refused to set a hearing.
2. U. S DISTRICT COURT (Federal Court) in Judge Magistrate Carla Woehrle’s courtroom. Case No cv-09-1914 JFW (CW). Request for Release. Hearing filed June 9, 2010. The Court failed to act.
3. U.S. SUPREME COURT Petition for Re-Hearing Case No. 09-1 250. Filed June 11, 2010 ( Petition for Writ of Certiorari.) filed June 11, 2010. Court failed to act.
4. Back in CALIFORNIA SUPERIOR COURT, Judge David Yaffe testifies as a witness while sitting on the bench…… and rules in his own favor. In this December 22, 2008 court transcript Judge Yaffe says he is troubled by the court rule that says “in the absence of objection” he must testify, even though he is sitting in judgment on the case. He then admits receiving payments from L. A. County and not disclosing them. When the attorney representing the “interested party” raised an objection to the line of questioning posed by Richard I Fine, (who was representing himself), Judge Yaffe then ruled in his own favor while testifying as a witness.
5. In 2008 the California Supreme Court held in Sturgeon vs County of Los Angeles that the county payments to State Judges were illegal. What to do? So In 2009 the CALIFORNIA LEGISLATURE gave RETROACTIVE IMMUNITY from criminal prosecution, civil liability and disciplinary action to all California Judges and government officials under Senate Bill SBX2 11 (Section 5) for the illegal payments that had been made to judges since 1987.
Posted in COMMENTARY, Links to Cases & Litigants