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Author Topic: 3ABN sued over child molestation!  (Read 112551 times)

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Artiste

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Re: 3ABN sued over child molestation!
« Reply #150 on: July 30, 2011, 09:49:57 PM »

Does that mean you can argue a case before the Supreme Court?
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Gregory

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Re: 3ABN sued over child molestation!
« Reply #151 on: July 31, 2011, 03:56:02 AM »

The following is part of one of the citations that Bob provided:
Quote
Held: Neither Faretta 's holding nor its reasoning requires a State to recognize a constitutional right to self-representation on direct appeal from a criminal conviction. Although some of Faretta 's reasoning is applicable to appellate proceedings as well as to trials, there are significant distinctions. First, the historical evidence Faretta relied on as identifying a right of self-representation, 422 U. S., at 812 -817, is not useful here because it pertained to times when lawyers were scarce, often mistrusted, and not readily available to the average person accused of crime, whereas it has since been recognized that every indigent defendant in a criminal trial has a constitutional right to the assistance of appointed counsel, see Gideon v. Wainwright, 372 U. S. 335 . Moreover, unlike the right recognized in Faretta, the historical evidence does not provide any support for an affirmative constitutional right to appellate self-representation. Second, Faretta 's reliance on the Sixth Amendment's structure interpreted in light of its English and colonial background, 422 U. S., at 818-832, is not relevant here. Because the Amendment deals strictly with trial rights and does not include any right to appeal, see Abney v. United States, 431 U. S. 651, 656 , it necessarily follows that the Amendment itself does not provide any basis for finding a right to appellate self-representation. Faretta' s inquiries into historical English practices, 422 U. S., at 821 -824, do not provide a basis for extending that case to the appellate process because there was no appeal from a criminal conviction in England until 1907. Third, although Faretta 's conclusion that a knowing and intelligent waiver of the right to trial counsel must be honored out of respect for individual autonomy, id., at 834, is also applicable in the appellate context, this Court has recognized that the right is not absolute, see id., at 835. Given the Court's conclusion that the Sixth Amendment does not apply to appellate proceedings, any individual right to self-representation on appeal based on autonomy principles must be grounded in the Due Process Clause. Under the practices prevailing in the Nation today, the Court is entirely unpersuaded that the risk of disloyalty by a court-appointed attorney, or the suspicion of such disloyalty, that underlies the constitutional right of self-representation at trial, see id., at 834, is a sufficient concern to conclude that such a right is a necessary component of a fair appellate proceeding. The States are clearly within their discretion to conclude that the government's interests in ensuring the integrity and efficiency of the appellate process outweigh an invasion of the appellant's interest in self-representation, although the Court's narrow holding does not preclude the States from recognizing a constitutional right to appellate self-representation under their own constitutions. Pp. 3-12. Affirmed.

As a sum total, the other citations (not just the one cited) establish:
1) The right of self-representaion is not absolute.
2) A right of self-representaion on the trial level does NOT establish such on the higher levels.
3) Criminal trials may have limited rights of self-representaion where such is allowed in other trials.
4) Courts on all levels may establish rules for self-representaion that limit or prohibit such.
5) Courts on all levels may require pro se persons to have co-counsel who are accredited lawyers.

Under the rules of the U. S. Supreme Court, it never allows a person who is not accredited to practice before it, to argue a case before it.  This means that attornies who have not been admitted to practice before it cannot argure a case before it.  It should be noted that the U.S. Supreme Court is the final decision maker (Subject to the laws of Congress.) of its decisions.  So, any appeal of a decision not to allow someone to argue a case before it must be made to the Court itself.

Yes, pro se person may apply to the U.S. Supreme Court for a Writ of Certiorari. However, when the Court grants such a Writ, it always requests an attorney to argue the case pro bono.  The request of the Court is considered such a honor that law firms are glad to accept and that attorney is appointed.

« Last Edit: July 31, 2011, 03:59:12 AM by Gregory »
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Bob Pickle

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Re: 3ABN sued over child molestation!
« Reply #152 on: July 31, 2011, 05:38:31 AM »

Under the rules of the U. S. Supreme Court, it never allows a person who is not accredited to practice before it, to argue a case before it.

Which rule bars a pro se litigant from arguing?

"Sloan had no formal legal training but orally argued a case in front of the Supreme Court of the United States ...." "After years of litigation, Sloan in 1978 prevailed in the U.S. Supreme Court. Sloan argued the case pro se even though he was not an attorney. ... Sloan won before the U.S. Supreme Court 9-0." (http://en.wikipedia.org/wiki/Samuel_Sloan_(chess_player))

In 2002: "Lorson says that there is still no rule that bars a nonlawyer from arguing before the Court, but that possibility seems ever more remote in the era of Supreme Court specialization." (http://www.anusha.com/amlawyer.htm)

Perhaps the court rarely permits it even though there is no rule barring it.
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Bob Pickle

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Re: 3ABN sued over child molestation!
« Reply #153 on: August 03, 2011, 01:52:19 PM »

If they were timely served, they would have filed answers by now...unless they had filed a motion to dismiss.

From http://www.law.cornell.edu/rules/frcp/Rule4.htm:

Quote from: F.R.C.P. 4
Rule 4. Summons

...

(d) Waiving Service.

...

(3) Time to Answer After a Waiver.

A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent — or until 90 days after it was sent to the defendant outside any judicial district of the United States.

So if 3ABN and Tommy accept service, an answer would be required no sooner than 60 days after the request for waiver was sent. If that request was sent on June 20, that would make the deadline August 19.

But I have no idea what is going on, except that nothing new has been added to the docket.
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Artiste

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Re: 3ABN sued over child molestation!
« Reply #154 on: August 03, 2011, 04:46:41 PM »

Well, I'm glad to see your legal career progressing, Bob.
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Nosir Myzing

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Re: 3ABN sued over child molestation!
« Reply #155 on: August 06, 2011, 02:59:50 PM »

Well, I'm glad to see your legal career progressing, Bob.

You might want to get off those kneepads...

TS responded to Alex Walker right before Pickle posted, and it was filed the next day. That waiver acknowledging and basically saying I read your complaint, and no you don't have to go to the bother or expense of a summons. says:" I understand a judgement may be entered against me if an answer or motion under rule 12 is not served upon you within 60 days..."

These games  are tiresome... It's kinda like when Alex testified last year that he had never spoken to anyone or talked about being molested before while in court -- as he claimed he wasn't able to. --OR-- as he now claims in his new complaint and lawsuit that he never knew he was a hurting unit before then, ( thus the statute of limitations hasn't expired) so he has recently got into counseling due to this, (but ooops, he testified he was hurt and angry as a child because of being molested before that in court and claimed he had to go to counseling AS A CHILD due to that, while his parents testified, No..)  All of this while we were in possession of a complaint he had made to Pickle years before those court claims  and had been reading Pickle's posts and court filings and claims about him all the years leading up to that and makiing copies of all...

But be gullible, if you choose...



« Last Edit: August 06, 2011, 03:23:18 PM by Nosir Myzing »
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Alex L. Walker

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Re: 3ABN sued over child molestation!
« Reply #156 on: August 06, 2011, 10:21:05 PM »

LOL! You're funny.
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Alex L. Walker
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Gailon Arthur Joy

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Re: 3ABN sued over child molestation!
« Reply #157 on: August 06, 2011, 10:24:01 PM »

AND THE POINT OF YOUR ACCUSING TONGUE IS??? And you are that anxious to serve time in hades with Tommy Ray Shelton?

Gailon Arthur Joy
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Sam

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Re: 3ABN sued over child molestation!
« Reply #158 on: August 07, 2011, 11:27:52 AM »

AND THE POINT OF YOUR ACCUSING TONGUE IS??? And you are that anxious to serve time in hades with Tommy Ray Shelton?

Gailon Arthur Joy
AUReporter

OOOHHHHH  Judge not lest ye be judged......You're mental instabilities are getting the best of you Joy. Try deep breathing...
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Nosir Myzing

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Re: 3ABN sued over child molestation!
« Reply #159 on: August 08, 2011, 08:51:28 AM »

Under the rules of the U. S. Supreme Court, it never allows a person who is not accredited to practice before it, to argue a case before it.

Which rule bars a pro se litigant from arguing?

"Sloan had no formal legal training but orally argued a case in front of the Supreme Court of the United States ...." "After years of litigation, Sloan in 1978 prevailed in the U.S. Supreme Court. Sloan argued the case pro se even though he was not an attorney. ... Sloan won before the U.S. Supreme Court 9-0." (http://en.wikipedia.org/wiki/Samuel_Sloan_(chess_player))

In 2002: "Lorson says that there is still no rule that bars a nonlawyer from arguing before the Court, but that possibility seems ever more remote in the era of Supreme Court specialization." (http://www.anusha.com/amlawyer.htm)

Perhaps the court rarely permits it even though there is no rule barring it.

It's documented fact that you have lost every motion, legal argument, motion for reconsiderations and  appeal that you have filed for the past several years , Pickle, as the court dockets show. Do the words "unmerited" etc mean anything to you? Actually, except for a few 50/50 claimed wins or the original motion asking that all be blanketed in the lawsuit, you have pretty much lost on all accounts even before that.

Perhaps you might file your case, or file anything at all in regards to that and have the Supreme Court  accept it before these arguments amount to anything more than empty words, threats or fantasies, or fruitless "can too, "can not" arguments?

:dunno:
« Last Edit: August 08, 2011, 09:06:52 AM by Nosir Myzing »
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Bob Pickle

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Re: 3ABN sued over child molestation!
« Reply #160 on: August 08, 2011, 09:39:01 AM »

Sirmizer,

A big win for us in the Court of Appeals was the ruling that the Remnant documents were already part of the record on appeal for our second appeal. That was in the latter part of 2009.



Another win early on was when Danny lost his bid to obtain our hard drives.

A huge win was the confidentiality order.

Another win was when the Michigan court enforced our subpoena, and when Remnant lost its appeal.

We consistently won and made progress in the lower court until it became evident that we had a case against 3ABN and Danny's attorneys, since Duffy and Walt asserted that the lawyers had thoroughly investigated 3ABN and Danny's finances, and thus knew or should have known the information in the Remnant docs.
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Alex L. Walker

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Re: 3ABN sued over child molestation!
« Reply #161 on: August 11, 2011, 01:27:08 PM »

Well, I'm glad to see your legal career progressing, Bob.

You might want to get off those kneepads...

TS responded to Alex Walker right before Pickle posted, and it was filed the next day. That waiver acknowledging and basically saying I read your complaint, and no you don't have to go to the bother or expense of a summons. says:" I understand a judgement may be entered against me if an answer or motion under rule 12 is not served upon you within 60 days..."

These games  are tiresome... It's kinda like when Alex testified last year that he had never spoken to anyone or talked about being molested before while in court -- as he claimed he wasn't able to. --OR-- as he now claims in his new complaint and lawsuit that he never knew he was a hurting unit before then, ( thus the statute of limitations hasn't expired) so he has recently got into counseling due to this, (but ooops, he testified he was hurt and angry as a child because of being molested before that in court and claimed he had to go to counseling AS A CHILD due to that, while his parents testified, No..)  All of this while we were in possession of a complaint he had made to Pickle years before those court claims  and had been reading Pickle's posts and court filings and claims about him all the years leading up to that and makiing copies of all...

But be gullible, if you choose...

Now I have time to respond to this. No Sir Myzing, There is a difference between knowing that something happened to you and reporting it, and actually realizing the damages that was caused. So spin that as you may. I will be able to prove exactly what the complaint stated. Make as many copies as you wish....the fact is I will have plenty of witnesses and documentation to prove my case as well.
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Alex L. Walker
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Alex L. Walker

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Re: 3ABN sued over child molestation!
« Reply #162 on: August 11, 2011, 01:29:29 PM »

AND THE POINT OF YOUR ACCUSING TONGUE IS??? And you are that anxious to serve time in hades with Tommy Ray Shelton?

Gailon Arthur Joy
AUReporter

OOOHHHHH  Judge not lest ye be judged......You're mental instabilities are getting the best of you Joy. Try deep breathing...

Here we go again....This coming from someone who post comments from people who can easily be discredited? This coming from someone who made a false allegation concerning me being kicked out of Ezra? Please.

Should I refresh your memory?

You stated:
Could that be because Glen Dryden ran the school at that time and kicked Alex out?
3ABN / Re: Sheltons express support for Tommy's victims
« on: July 28, 2010, 05:25:22 PM »
« Last Edit: August 11, 2011, 01:41:12 PM by Alex L. Walker »
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Alex L. Walker
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Alex L. Walker

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Re: 3ABN sued over child molestation!
« Reply #163 on: August 11, 2011, 01:44:00 PM »

Well, I'm glad to see your legal career progressing, Bob.

You might want to get off those kneepads...

TS responded to Alex Walker right before Pickle posted, and it was filed the next day. That waiver acknowledging and basically saying I read your complaint, and no you don't have to go to the bother or expense of a summons. says:" I understand a judgement may be entered against me if an answer or motion under rule 12 is not served upon you within 60 days..."


Excellent! Look forward to reading his response.
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Alex L. Walker
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Gailon Arthur Joy

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Re: 3ABN sued over child molestation!
« Reply #164 on: August 11, 2011, 08:09:09 PM »

"By their fruits ye shall know them"...and you are the greatest of "judges".

I dare to declare that an unrepentant Tommy Ray Shelton is clearly staring hades in the face...but, SAM, still time if you can convert that unrepentant sole!!!

Keep us posted, a/k/a "show me"...

Gailon Arthur Joy
AUReporter, a Tea party Adventitst

AND THE POINT OF YOUR ACCUSING TONGUE IS??? And you are that anxious to serve time in hades with Tommy Ray Shelton?

Gailon Arthur Joy
AUReporter

OOOHHHHH  Judge not lest ye be judged......You're mental instabilities are getting the best of you Joy. Try deep breathing...
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