Wednesday, September 02, 2009

Formal Appeal Filed

Filed, Appellant's Opening Brief (ten days early) and Motion for Release, on Monday, August 31st. Response briefs, if any, to Opening Brief not due until October 9th. However, the Motion for Release should be considered within a few days.

The substance of the appeal is that there are numerous U.S. Supreme Court precedent cases which make it crystal clear that Judge David P. Yaffe should have recused (disqualified) himself, and NO precedent cases hold otherwise.

Simple decency and honesty among the honorable require that the Ninth Circuit free Richard Fine pending its ruling on the appeal, and that it ultimately find that Judge Yaffe should, in fact, have recused himself.

Will the Ninth instead attempt a coup of the U.S. Supreme Court? Stay tuned.

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