Saturday, November 07, 2009

Talk About Underhanded!

On October 30, 2009, Richard Fine filed a new petition for writ of habeas corpus, naming as de facto respondents, among others, USDC Judge John F. Walter and Magistrate Judge Carla M. Woehrle.  Despite the impropriety of the situation and over Fine’s strenuous objections, Walter and Woehrle promptly assumed oversight of the case ... against them … then rushed through a dismissal.  Fine’s recusal motions were then bluntly rejected due to the case being “closed”.

The petition was based upon Fine's allegation that Judge Yaffe committed frauds upon the courts by, among other things, making false statements and citing a non-existent order in his reply brief filed in response to Fine's appeal.

How long will decent judges remain complicit in this dreadful situation?

Fine will be filing for a writ of mandate with the Ninth Circuit and requesting a Certificate of Appealability from the USDC.  We're not taking bets on the outcome of either.

Review the relevant documents (the "USDC Habeas II" case) at Scribd.

How much did your judge get? 

UPDATE:  Nov. 24, 2009 

     The Ninth Circuit has issued an Order denying Richard Fine's Emergency Petition for Writ of Mandate which requested that the District Court judges be ordered to follow due process and not allow Judges Walter and Woehrle to dismisses cases against themselves.  We don't know what to think of this unsigned "order" ... OR the judges who entered it.  (See Full Disclosure's report for the Ninth Circuit's "explanation".)

1 comment:

paula said...

I spoke with Richard Friday night. He said he believed the 9th Circuit was clean and would hear him. I hope this is true and he will be home for Christmas.

I am so outraged. He says if people want to visit him, please do so on Thursdays or Fridays.

My prayers remain steady.