The Next Pottawattamie County?

Supreme Court geek John Elwood writes at the Volokh Conspiracy:

While the settlement ends this case, this is not the last we’ve seen of this issue. Any other case which credibly presents the same issue will have an enhanced chance of being granted, because the Court has a demonstrated interest in the issue. The facts of Pottawattamie County were particularly sympathetic, which made it more cert-friendly than the run-of-the-mine case; but at this point, I think the Court is interested in the issue and won’t need outrageous facts to grant.
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While I have compiled a list of cases I suspect the Court is holding pending resolution of cases on its merits docket, I am not aware of any cases being held for Pottawattamie County. Nor am I aware of any pending cases out there that present the same question. If you know of any, let me know in the comments. It’ll be interesting to see where this goes.
A commenter suggests this answer:
The 5th Circuit’s recent en banc tie vote in Thompson v. Connick would seem to be a likely candidate, although I don’t know if a cert petition has been filed by the NOLA prosecutor’s office. The time for seeking cert would have run only recently, and may well have been extended, so it likely wouldn’t be teed up for a conference until later this spring. http://www.ca5.uscourts.gov/opinions/pub/07/07–30443-CV2.wpd.pdf
Update: A petition for cert in that case was filed in November, and the response is due next week. http://origin.www.supremecourtus.gov/docket/09-571.htm
I saw that Fifth Circuit Judge Edith Jones wrote the dissent in Thompson.  So we can count on the opinion involving pure evil.

Judge Jones Trivia: Remember Texas District Court Judge Samuel Kent?  He's the guy who resigned on threat of impeachment, after being convicted of criminal sexual assault.  He's in prison.

Judge Jones' response to Judge Kent's conduct was, "What's a little sexual assault among friends?"  Think I'm kidding?  Here's the discipline she meted out:
Judge Jones oversaw the panel of judges from the Fifth Circuit that investigated the initial accusation that Judge Kent had sexually harassed his case manager, Cathy McBroom, in 2007. After an investigation, the judicial council suspended him for four months without pay and reprimanded him, without releasing details of the abuse.
Four months suspension.  For criminal sexual assault.  She also protected Judge Kent's privacy, refusing to identify case details.  Basically, she covered up Judge Kent's crime.

After Judge Jone's outrageous opinion,  the United States Department of Justice intervened.  Clearly DOJ was more concerned with judicial rape than Judge Jones was.

Keep Judge Kent's Case in mind before you read one of Judge Jone's tough-on-crime judicial opinions involving ordinary Americans.  Keep in mind her obviously biased views, too, before reading an opinion on prosecutorial immunity.  If she doesn't even care about a judge raping a court employee under her watch, why would she care about a wrongful prosecution?  Power über alles.

1 comments:

  pat

12:59 PM

I filed a complaint against an El Dorado County Judge James Wagoner with the CJP. I alleged that he obstructed justice when we as crime victims filed a complaint against the sheriff and DA for inaction without rational basis. The D.O.J. feds have ignored our evidence and without basis are abusing their discretion to investigate. We do have a 1983 action, and the last motions to dismiss against us, defense had requested a dismissal hearing. It appeared that defendants did not controvert the Monell claims and non policy legislative acts that allow personal liability against legislators. The magistrate judge denied them that hearing.
I sat in on a trial under this judge. The defendant alleged that the newly elected DA would fix his felonies according to witness affidavits. There were a dozen witnesses who saw the defendant hold a gun to the head of 6 kids, ultimately causing a car accident because he was in the street. BTW he submitted evidence in a civil matter that he was manic depressive and had personality disorders. No witnesses disputed the 7 assault with a deadly weapon victims. One BTW was the car accident victim, who also had a gun put to his head. The judge heard testimony from one friend of this guy. The friend had threatened witnesses and attempted to suborn perjury to clear the defendant. Prosecutors and sheriff ignored these complaints. The Friend of the Defendant lied stating, that the defendant was an upstanding citizen, an impossible stretch. Yet Judge James Wagoner, stopped the trial to instruct the jury, that he was obligated by law to inform the jury that “they had to view the defendants testimony as truthful and honest.” The dozen witness’s testimony was subservient to the defendant’s power of the judge who ordered the jury to believe the defendant was not guilty if so stated by the defendant. I contacted Robin Seeley, attorney for Advisory Committee on Criminal Jury Instructions to inquire about this “mandatory” instruction to obstruct the peoples justice. She wrote several letters, first stating, “I’m not aware of any rule on this subject and I am not sure how a rule could compel a judge to order the jury to believe a defendant’s testimony. Perhaps you could help me out by letting me know the basis for your inquiry? “ You have asked me about a rule requiring a specific instruction be given, and I am not aware of any such rule ever existing.” So far this latest turn was not provided in the original complaint to the CJP.ca.gov So far, my complaints also exposed a Board of Supervisor Helen Bauman’s office for wire fraud to deceive constituent representatives by provided made up arrest reports to discredit complainants allegations as frivolous. She got caught, and they confessed and implicated the elected Sheriff and D.A. offices of being the kingpins in this conspiracy. Helen Bauman was caught by the Republican Party Committee in Sacramento. Evidence of the wire fraud was provided by State Senator Dave Cox and the Party
Of course defense claims lack of plausibility, trying to paint a picture of us as hallucinating an invisible conspiracy. However, they wrote the conspiracy in an outline, naming key players, some who turned against them, and provided it as evidence. I have demanded Judicial Notice without discretion on these. We’ll see were it goes, and we are preparing for appeal if necessary.

As an American Citizen I am shocked of the behavior of the Supreme Court to controvert the propaganda I have been fed all my life. I guess civil rights abuse has better odds than the lottery but, those caught in the steel trap are to few to generate public scrutiny. I think most citizens believe story’s like Pottowamie could never occur, even though the deprivations are done out in plain site without objection.

I just want to thank Professor Nahmoud for this information. It is people like him who codify this so we can in a timely fashion be educated.