Legal Question in Appeals and Writs in California

Mr. Anthony Roach Esq. was a little more correct in answering a question I asked yesterday concerning an appellate decision rendered on 2/27/97 signed by ONE appellate judge instead of at least two. It WAS a per curiam opinion. But now I am even more convinced that I was right and the ENTIRE case (from trial judgement to appellate decision) was and still is INVALID. What the Judges did was tantamount to crowning godzilla the winner of a beauty pagaent when godzilla was the most disgusting contestant. Wikipedia defines per curiam opinion as "a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majority of the court) acting collectively and unanimously. In contrast to regular opinions, a per curiam does not list the individual judge responsible for authoring the decision, but minority dissenting and concurring decisions are signed." In my case the judge who authored the opinion DID sign it. He was also damned in 2005 by the ninth circuit court of appeals for what he did in 1980 while still a deputy D.A. Further, there we're NO SIGNED OR UNSIGNED minority and/or concurring decisions (or opinions). It is extraordinarily strange that within a week or two after this per curiam was rendered I was involved in a small claims suit/countersuit with a CSR(self employed). This small claims matter was relative and relavent to the larger suit ending in a per curiam opinion. I again massacred my opponent. The judge gave my opponent most of what she sued for. Again I felt godzilla was crowned beauty queen. The extraordinary strangeness is that the small claims judge rendered an undated and UNSIGNED small claims judgement. I still beleive that this small claims matter was and still is invalid. Any attorney worth his salt MUST agree.The judge who rendered this unsigned judgment was stabbed in the arm in 2009 in her courtroom by a death penaly eligible defendant. This judge was now a superior court judge.She retired on Worker's Comp.(I'm not positive) and unsuccessfully sued the county for what happened to her.(I am positive). Most people do sue for the money. I was in the very small minority that would spend quite a bit of money for the princple. I say "was" because I am just about through with the legal system. When the "political winds "are right I will ressurrect this suit and remove it to the ninth circuit court of appeals. I don't give a damn about the judgement! I have depositions and six hours of audio taped testimony. I have "CHECKMATES ON ALL THE FACTS AND MOST OF THE LAW". It will go to the ninth circuit to set case law precedant and strike down a very unjust labor law statute. Is this a good idea? I await all reponses.

Asked on 9/02/13, 10:11 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It's a terrible idea. The Ninth Circuit has no jurisdiction over civil cases that were heard in state courts. Even if you're right that you deserved to win your case -- and I'm more than a bit skeptical about that -- the Ninth Circuit can't possibly rule in your favor. It's as if the referees in a college football game call a penalty and the player asks NFL referees to review the call. The system just doesn't work that way. Even if every NFL referee agrees with him, they have no authority to alter the original call -- especially years after the game ended.

Further, the details you offer about the judges and your opponents are irrelevant to the merits of your case. So what if a particular judge was attacked years later by the defendant in another case, or if another was rebuked on appeal for actions he took while he was a lawyer? What possible bearing does that have on your case? Do you think every judgment and ruling either one of those judges ever signed is null and void? If not, what makes yours special -- aside from your own opinion that you deserved to win?

This is the fourth question you have posted about your case in less than 24 hours. You're obviously very emotional about it. But your emotions seem to be clouding your judgment. You lost long ago. Whether you deserved to lose or not, the case is over. You need to deal with that fact.

Read more
Answered on 9/02/13, 12:43 pm

Kelvin Green The Law Office of Kelvin Green

You have specific appeals rights with specifc time frames and 9th circuit is not one of them.. I think you need to move on

Read more
Answered on 9/02/13, 1:28 pm

Related Questions & Answers

More Appeals and Writs questions and answers in California