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Author Topic: Writ of Certiorari  (Read 16894 times)

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Gregory

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Writ of Certiorari
« on: October 23, 2011, 01:46:29 PM »

In view of the fact that the Court may (?) publish tomorrow their decision in regard to the petion for a Writ of Certiorari, by Bob and Gailon, I thought it might be of interest to post the basic underlying rationale the the Court considers when they decide whether or not to issue a Writ:

PART III. JURISDICTION ON WRIT OF CERTIORARI

Rule 10. Considerations Governing Review on Certiorari
Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons. The following, although neither controlling nor fully measuring the Court’s discretion, indicate the character of the reasons the Court considers:

(a) a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important matter; has decided an important federal question in a way that conflicts with a decision by a state court of last resort; or has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, as to call for an exercise of this Court’s supervisory power;

(b) a state court of last resort has decided an important federal question in a way that conflicts with the decision of another state court of last resort or of a United States court of appeals;

(c) a state court or a United States court of appeals has decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court.
A petition for a writ of certiorari is rarely granted when the asserted error consists of erroneous factual findings or the misapplication of a properly stated rule of law.

Rule 11. Certiorari to a United States Court of Appeals Before Judgment
A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).
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Bob Pickle

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Re: Writ of Certiorari
« Reply #1 on: October 23, 2011, 09:14:53 PM »

In view of the fact that the Court may (?) publish tomorrow their decision in regard to the petion for a Writ of Certiorari, by Bob and Gailon ....

If they were to publish it tomorrow, that would mean that it got distributed already to the justices, and their law clerks have already worked on it for maybe two or three weeks, and they perhaps already considered it in a conference, and yet nothing has been posted on the docket at http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-312.htm about it even being distributed yet.

In comparison, look at http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-310.htm. That's two case numbers before ours. On October 5 it was distributed for conference of October 28. Same for http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-309.htm. http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-301.htm says that one was distributed on October 19 for the conference of November 4.

So I don't think anything is going to be published about our petition for at least two or three more weeks.
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Artiste

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Re: Writ of Certiorari
« Reply #2 on: October 23, 2011, 09:19:11 PM »

Thanks for updating us, Bob.

We'll be watching what happens when it comes up.
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"Si me olvido de ti, oh Jerusalén, pierda mi diestra su destreza."

Gailon Arthur Joy

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Re: Writ of Certiorari
« Reply #3 on: October 24, 2011, 12:56:37 PM »

Mr pickle,

I find it interesting that Mr Gregory took time to determine the foundations of appeals to SCOTUS.

And just how many of those criteria did you hit in your Writ? Oh, ALL of THEM? How about the First Circuit ruling against it's own prior similar rulings?

Too bad we are not in the Ninth...has a much better chance of being granted!!!! And they overturn the ninth more often than any other circuit.

In any event, what do you think Mr Gregory's purpose is??? Simply a point of interest or does he still have ulterior purposes???

Gailon Arthur joy
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Gregory

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Re: Writ of Certiorari
« Reply #4 on: October 24, 2011, 05:45:24 PM »

Well, the Court published nothing today.  Why?  I do not know.

As to the Writ:  I have not read it as I do not know where to find it to read.  So, I make no comment about it.


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Bob Pickle

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Re: Writ of Certiorari
« Reply #5 on: October 24, 2011, 07:12:40 PM »

Well, the Court published nothing today.  Why?  I do not know.

They aren't going to publish a decision before the petition gets distributed. They aren't going to decide anything until they've seen the petition first.

Gregory, see http://www.supremecourt.gov/casedistribution/casedistributionschedule2011.pdf for the case distribution schedule for the October 2011 term, which lasts a year.

Paid cases are distributed on Wednesdays, and unpaid cases on Thursdays. Our case is a paid case, so you should check the docket each Wednesday or so to see when our petition is distributed to the justices.

Note that the justices then discuss the cases at a conference which could be 15 to 23 days after the petitions are distributed. An order could be published within several days after that point in time.

As to the Writ:  I have not read it as I do not know where to find it to read.  So, I make no comment about it.

3ABNvJoy.com is now up to date. Minor things have been added to the D.Mass. case. The stuff at the 1st Cir. Case. No. 08-2457 and Case No. 09-2615 is more important. A new section has been added for the Supreme Court case.

If anything doesn't work, let me know.
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Gregory

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Re: Writ of Certiorari
« Reply #6 on: October 25, 2011, 02:56:26 AM »

Bob, thank you for the information. 

So, where is your Writ on the Case  Distribution LIst?  I have read the Writ. 

Interesting. 

My off the cuff analysis:  I think that some of your arguements lack merit and will not be sustained by the Court.  Others my be found to have merit, if so the quesiton becomes one of whether or not they have sufficient merit to cause the Court to issues the Writ.  On other arguements:  I have no idea.  So, what will the Court do:  The odds are clearly aginst you.  In baseball parlance, one hit out of the field is a home run.  We will wait and see.
« Last Edit: October 25, 2011, 03:33:50 AM by Gregory »
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Bob Pickle

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Re: Writ of Certiorari
« Reply #7 on: October 25, 2011, 06:32:32 AM »

So, where is your Writ on the Case  Distribution LIst?  I have read the Writ. 

Our petition hasn't been distributed yet, according to the docket available online.

I think technically it should be called a petition, not a writ. The writ would be the order or action by the court to review the lower court's decision, not our request for that order or action, correct?
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Gregory

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Re: Writ of Certiorari
« Reply #8 on: October 25, 2011, 10:51:28 AM »

Technically I beleive that you are correct.
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Snoopy

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Re: Writ of Certiorari
« Reply #9 on: October 27, 2011, 03:32:57 PM »

You are correct, Bob.  You have filed a PETITION for a WRIT of CERTIORARI.

And I see that your PETITION has been distributed for review at the Supreme Court for conference on November 10.
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Johann

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Re: Writ of Certiorari
« Reply #10 on: October 27, 2011, 03:43:31 PM »

You are correct, Bob.  You have filed a PETITION for a WRIT of CERTIORARI.

And I see that your PETITION has been distributed for review at the Supreme Court for conference on November 10.

Is that good news? Depends who you are?
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Daryl Fawcett

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Re: Writ of Certiorari
« Reply #11 on: October 27, 2011, 05:40:35 PM »

This tells me that nothing else can happen before then, which tells me that Gregory is obviously wrong in what he first posted here in this thread.

You are correct, Bob.  You have filed a PETITION for a WRIT of CERTIORARI.

And I see that your PETITION has been distributed for review at the Supreme Court for conference on November 10.

Gailon Arthur Joy

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Re: Writ of Certiorari
« Reply #12 on: October 27, 2011, 09:22:48 PM »

Fortunately, Mr. Gregory (and a host of others) were wrong about 3ABN, Danny Lee Shelton the family's intention to sue us. My only regret is the decision not to counterclaim and close the gate to a motion to dismiss before we subpoenaed the Illinois Records. We already had sufficient cause to counterclaim, but Simpson kept asserting that he had no intention to dismiss...day after the Judge in Southern Illinois ordered the production of the auditor records, he filed to dismiss. And it has been a gargantuan effort ever since to reverse that strategic error.

And that error was my fault...had I agreed to file a counterclaim, it would have closed the gate to a Motion to Dismiss and the case would have progressed to a trial on the merits before a jury of our peers in Worcester.

In retrospect, I should have counterclaimed and added Directors and officers individulaly, third party defendants like Linda Sue Shelton, Derrell Mundall, Both Gregory's and the now deceased Cindy into the fray and turned it into a three ring circus, cutting off all retreat; but hindsight is 20-20 and opportunity knocks only once. I cannot express just how badly I feel that we allowed them to escape and not guarantee the opportunity to recovery at the very least, costs, not to mention the wonderful opportunity to expose by testimony of so many,, just what evil really lurks in the world of Danny Lee Shelton. I pray for a second opportunity!!! Maybe, SCOTUS will send us back to October 2008!!!

The only consolation is that this case, 3ABN v Joy, rekindled a latent talent that carefully and meticulously re-trained me for the legal battles of a lifetime, working to preserve the homesteads of virtually hundreds of victims of the overzealous bankers that literally threw out the banking guidelines and hyper-inflated housing to virtual unaffordability; Then sold the trash to idiot investors that trusted the excessively greedy mega bankers, eliminating banker's own liability and exposure, and trying to leave these poor fools to the largest losses of wealth in world history.

And the war is far from over!!! Massachusetts has lead the nation with the Fremont predatory lending case; the Option One Predatory lending and lending discrimination case; The Ibanez/Larace decision invalidating wrongful foreclosures and establishing the clarity of the assignment of title trail; Novastar vs Saffron requiring Housing court to consider the issue of right of possession prior to eviction of a homeowner; The Bailey case requiring the housing court try issues of facts that relate to wrongful foreclosures as a defense to eviction; the Bevilaqua Decision that clarifies that if the foreclosure is invalid, then the foreclosure in VOID and all subsequent sales of the VOID foreclosured property are also void and that includes third party sales. Buyer's recourse for purchasing a void foreclosure is to sue the bank!!! (Unless they purchased their own title insurance).

Now we await the Eaton vs FNMA decision from the SJC that would clearly establish the Note and the Mortgage must be  properly assigned and in the possession of the foreclosing party at the time of a Notice of Sale. If this goes the way we expect, this ruling will invalidate tens of thousands of foreclosures all the way back to about 1995!!! When banks take shortcuts and ignore the equitable standards of nearly two hundred fifty years of law in the Commonwealth and elsewhere, they must pay the price and be accountable for their actions and it has been a pleasure working with teams that spend days and nights putting the Mega Banks feet to the fire!!! It will take another decade to deal with this mess and I must say that we are more ready than ever with an ever growing array of legal options for pre-foreclosure and post-foreclosure victims.

Now it is nearly time to direct the effort into other Power of Sale states and apply the progress in the Commonwealth to each of their unique statutes and precedents and coordinate the application of various options to take back what was wrongfully taken. I would suppose I am fortunate not to be tied up in the third world war!!! But it does not resolve the serious regret.

And, yes, I have missed the special skills that Bob could have brought to this battle; but it has been a largely thankless and financially unrewarding project thus far requiring the brute force of time and will-power and thousands of hours of interviews and intakes to pick and choose the winners and the worthy. Shockingly, the bigger the house and mortgage, the less likely it could be saved. The battle has focused on middle and lower income neighborhoods where the unsuspecting and unsophisticated were readily and abjectly taken advantage of.

So, ironically, I have much to thank 3ABN, it's officers and directors, and most importantly, Danny Lee Shelton, for. They gave me the opportunity to hone those dulled skills into a finely sharpened double edged sword seeking equal justice for all against the leviathon's of a banking industry gone awry. And we had the internet presence to demonstrate our ability!!! Yes, after all, you have served me and our Commonwealth Community well as we show people their options to actually knock down goliath!!!

But, give me any open opportunity, I'll be back!!!

Gailon Arthur Joy
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Gregory

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Re: Writ of Certiorari
« Reply #13 on: October 28, 2011, 04:56:54 PM »

Daryl:

I hae never claimed infability.  I only claim to be  correct in what I say, sometimes.   :)

Due to the instruction of Bob, I have learned.

I am simply one who states opinions before I know that every part of my opinion is 100% correct.
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Snoopy

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Re: Writ of Certiorari
« Reply #14 on: October 28, 2011, 05:40:26 PM »

I can relate to that, Gregory!!  I guess that makes us human!

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