THREE
STRIKES
AND
OTHER LEGAL RESEARCH
"The
most formidable weapon against errors of every kind is reason."
--Thomas
Paine
MR. JUSTICE DOUGLAS, concurring.
"We think of claims as grist for the mill of the lawyers. But it is becoming abundantly clear that more and more of the effort in ferreting out the basis of claims and the agencies responsible for them and in preparing the almost endless paperwork for their prosecution is work for laymen. There are not enough lawyers to manage or supervise all of these affairs; and much of the basic work done requires no special legal talent. Yet there is a closed-shop philosophy in the legal profession that cuts down drastically active roles for laymen. It was expressed by a New York court in denying an application from the Neighborhood Legal Services for permission to offer a broad legal-aid type of service to indigents:
. . .That traditional, closed-shop attitude is utterly out of place in the modern world where claims pile high and much of the work of tracing and pursuing them requires the patience and wisdom of a layman rather than the legal skills of a member of the bar. The plight of a man in prison may in these respects be even more acute than the plight of a person on the outside. He may need collateral proceedings to test the legality of his detention or relief against management [393 U.S. 483, 493] of the parole system or against defective detainers lodged against him which create burdens in the nature of his incarcerated status. He may have grievances of a civil nature against those outside the prison. . ."
If you are helping a prisoner or working on a case for yourself, you should read all the codes that apply, learn the Rules of Court, procedures are different in every court. Educate yourself by reading and studying everything you can find on the subject case. Remember the time lines, there are very set times that appeals must be filed, learn the procedures, call the Clerks as they can be helpful to those that are learning. They can't give legal advice, but they can help with procedure, like what color and how many copies, and when they have to be filed with the court.
Third
Appellate Opinion
July
16, 2001
Jerry
Wayne Morgan
Jerry arrived in the Shasta County Jail on the 10th of January 2002
Morgan Released from Jail April 22, 2003
The issue of Unpublished
Opinions
See below
for more links and information on Three Strikes and Prison Issues, including
writings
by Prisoners
A sentence of 28 years to life imprisonment under California's "Three Strikes" law violates the Eighth Amendment where: 1) the offense was Petitioner's failure to update his annual sex offender registration within five working days of his birthday; and 2) he was living at his registered address throughout the relevant time period. Habeas relief is warranted because the state court's application of the gross disproportionality principle was objectively unreasonable.
Gonzales v Duncan - 0656523p.pdf
2009
Governor's
Inmate Reduction Program
SPECIAL REPORT: CORRUPTION OF THE JUDICIAL SYSTEM
Alabama Chief Justice Removed From Office
Commission on Safety and Abuse in American's Prisons
HALT - Americans for Legal Reform
Melissah H. Appeal - Shasta County
California Commission on the Fair Administration of Justice
Americans
Murdering Their Judges,
and
the US Crisis of Judicial Corruption
Trapped
Mental Illness In American Prisons
Inside
Kentucky's Corrections Psychiatric Treatment Unit
6min 55sec Runtime
"Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny." - Patrick Henry
Doctor, hospital feuded + State Accuses - 2006
Moon's license targeted - State medical board files case
Moon will fight to retain doctor's license
RMC, Tenet agree to pay 54 million in heart case
Redding doctors will take the Fifth in civil trial
Tenet puts embattled hospital on market
RMC whistle-blowers will share $8.1 million reward
Whistle-blower Fees Held Up By Dispute
Redding Medical Center - Case Settled (No charges)
[All Redding articles are available in Archives]
Supreme Court of the United States
FindLaw Case Code - All Courts Fed & State
California
Commission on the Fair Administration of Justice
Commission
Report
Judge Weller Shooting - Link Below
Nevada - Family Law
Legal Abuse Syndrome® - YouTube Presentations
Federal Rules of Civil Procedure
Federal Rules of Court - California Eastern District
U.S. Department of Justice, Office of Special Counsel - Fitzgerald
Campaign for California Families - E-mail Legislature & Governor
FreedomLaw.com Self Help Clinic
Deception Connection - by Counselor 52
Linda Kennedy's WBF Legal Reform
Electronic Privacy Information Center
Institute for Justice - Litigating for Liberty
American Center for Law and Justice
Partnership for Civil Justice, Legal Defense & Education
FedCrimLaw.com - Visitors Page
Mountain States Legal Foundation
National Right to Work Legal Defense Foundation, Inc.
Bouvier's Law Dictionary (1856)
American Patriot Friends Network - Contents
United States District Court - Complaint - Mariani v. Bush
The
Third Branch
Newsletter of the Federal Courts
Justice Enforcers - Child Protective Services?
Center for Judicial Accountability
A Century of Lawmaking for a New
Nation
U.S. Congressional Documents and
Debates
1774-1873
Very worthwhile videos:
LAW PROF. AND LAW STUDENT DETECTIVE
EXPLAIN WHY YOU SHOULD NEVER
TALK TO THE COPS
Talking to the Police - by Professor James Duane
http://video.google.com/videoplay?docid=-4097602514885833865&hl=en
http://video.google.com/videoplay?docid=6014022229458915912&q=&hl=en
Attorney License Fraud
Website for Bill Benson
The Federal Income Tax is Unconstitutional
Lost
Horizons
Crack the Internal Revenue Code
Dan Meador's
Law
Research & Registry
Shut Down the Fraud! Tax Lien Index
Bill Conklin - Anti-IRS Home Page
The
Potentials Unlimited - IRS vs. Konicov
The Loophole Papers
Civil Liberty - Police Conduct: Internal Revenue Service
We
The People - Give Me Liberty
Get Report on Bob Schultz Fast
Tax
Defense Fund
California Franchise Tax Board
Comprehensive Annual Financial Reports Website -Walter Burien
Local attorney acquitted on federal income tax charges
Creation Science Evolution - Dr. Kent Hovind & IRS Story
Federal Tax Case - Attorney Stephen Yagman
Right to Travel & Vehicle
Information
"Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be protected, not only in his person, but in his safe conduct."
David Justice - Gets Work Release The Police came by the house Friday afternoon [December 27, 2002] and took David to jail. Thank you, Jake Justice David Justice Update - February 26, 2003 Here is link for the supporting document for above win: Justice Documents |
Good Information on California Vehicle
Code
Enemy
of the State [ What?]
Driver's License is a Contract
Driver Licensing vs. Right to Travel
State by State Drivers License Information
Gilmore v. Ashcroft - Right to Travel
Terrence Bressi - Roadblock Arizona
The Maryland Traffic Ticket Saga
Land Rights and Property Tax
Issues
American Republics Private Landowners Association
Castle Coalition - Citizens Fighting Eminent Domain Abussee
Forfeiture Endangers American Rights Foundation - [F.E.A.R.]
Angel McClary Raich, et. al. v. John Ashcroft, et. al. Federal Medical Cannabis Lawsuit
Prosecutorial Misconduct
"Prosecutors have paid little attention to their constitutional
duties... they are under a constitutional mandate to provide the defendants
with all exculpatory evidence in the government's possession. This
obligation is almost routinely dishonored and probably accounts for more
miscarriages of justice than any other violation... The worst prosecutorial
offense is lying to a court... Lying by prosecutors occurs with dismaying
frequency..."
~ Herman Schwartz, Professor of Constitutional Law at American University
(3-7-99 article in the L.A.Times)
|
Finally in California
Prosecutorial
Misconduct
Forfeiture Statutes - Prosecutor Misconduct
Complaint - Alleged Prosecutorial Misconduct
Association of Americans for Constitutional Laws & Justice
Ineffective Assistance of Counsel - Index
Harmful Error - The Center for Public Integrity
Harmful Error - Who suffers when a prosecutor is cited for misconduct?
Redding
Cancels Contract -
Public
defender Kennedy not legally entitled to practice law
General Legal Assistance, Pro Se, Pro Bono Resources
Wrongful Prosecutions in Kern County
WEBSITES ABOUT THREE STRIKES
BATTLE
WITH PRISON & JAIL ISSUES
LA District Attorney - Three Strikes Reform Act of 2006
Senators Vow Shakeup in State Prisons
Massachusetts Governor Sets Review of Prisons
Has three-strikes law made state's streets safer?
Hate and the Three-Strikes Law
Liesl Hale - Three Strikes Story
Three Strikes and Your Out - Cal Thomas
"Three Strikes" Serious Flaws and a Huge Price Tag
The Three Strikes Law Misses the Mark
Real Victim of Three-Strikes Law is the Taxpayer
Justice Policy Institute - Report on Three Strikes
Press Release - Proposition 66
Video Blog - Top Cops Debate Three Strikes Impact On Crime
Appeals Court Slaps Trial Judge for Calling It ‘Kangaroo Court’
Scott Larson received 30 year Mandatory for minor offense
Scott Larson Index - Letters
and Complaint
It Was Meningitis - Not Shaken Baby Syndrome b>
Declaration of Maurice E. Sorzano, Jr.
Charles Wesley - Medical Neglect
Arnold Upbeat, Busy in
Prison
Restitution
- Group 602 Appeal - Calipatria
Moshe Stein Letter to Lt. Von Rader
Patients Demonstrate at Coalinga State Hospital
Silent Death - Avenal State Prison
One Woman's Story - Shasta County CPS
Ineffective Counsel
Ineffective Assistance of Counsel - Index
Judicial Terror in Shasta County
Shasta County Public Defenders
Shasta County Public Defenders Arrested
Prisons
Nevada Senator Tours Guantanamo
Prison Cap Rally - Friday, May 30, 2008 - Federal Courtcouse
Matthew Cate - Heads California Department of Corrections and Rehabilitation
Achieving a
Constitutional
Level of Medical Care in California’s Prisons - Pdf
The Handwriting on the Wall: A School to Prison Pipeline
California Division of Adult Facilities
Pleasant Valley State Prison - Guard Misconduct
Mule Creek State Prison - Torture of Eric K'Napp
Mule Creek State Prison - News Articles
California State Prison - Lancaster
Pelican Bay State Prison - Articles
CDC Rescinds Internet Mail Regulation
Senators Speier & Romero January 2004 Hearings
Prison Employee - Smuggled Pot
Judge Backs Reporter in Open Records Act
Prison Sentence - What a prison sentence really means
Prison Religious Studies & Issues
Violent Behavior Predictions - Wrong 95% of the Time
The Lucifer Effect by Philip Zimbardo
"booty bandit" Prison Rape Case Articles
Stop Prison Rape
California Prison Health Care Receivership (CPR)
So Hopeful - Working to Reform Megan's Law
Lockup Blasted - Youth Authority
Overcrowding of Prisons - Articles
Overcrowding at Coalinga State Hospital
The Good Jailer [?] - Jeanne Woodford - CDCR Director
"Unlike the mistreatment of veterans, nobody is up
in arms about prisoners,"
the judge said during a lunch break in his chambers at the U.S.
District Court in San Francisco.
Judge Henderson
- Receivership
Unfair Telephone Charges to Families of Prisoners
Wrongful Death & Injury Institute
Sex Offenders
Are Sex Offenders a Danger Forever?
Information Package for those facing Civil Commitment in California
Sexual Predators Evading Treatment
False Allegations of Sexual Abuse, or Sexual Assault
Minnesota Department of Corrections - Sex Offender Recidivism in Minnesota
The State's Insatiable Need to Incarcerate Those Who Frighten It
Sex Offender Research - Blogspot
Jails
Abu Ghraib of Shasta County Jail
Prison & Jail Guards
Prison Guards - As Role Models?
Prison Guard Union Too Powerful
Jail Guards - Lock Up The Guards
Atascadero State Hospital - Articles
General Articles & Research
Commission on Safety and Abuse in America's Prisons
Supreme Court - Seismic Shift in Legal System
California Prison System: Design for Disaster
"Fast Food Nation" Author Turns Critical Eye on Prisons
California Counties Brace for Parolee 'Tsunami'
Sentencing Enhancements & Reforms
Duke speaker: U.S. prisons are 'disaster'
An Act of Courage - Gov. George Ryan
A Double Dose of Excessive Force in Shasta County
Prison Violence, The Classification System, But No Incentives
Tough-On-Crime Cases Top Supreme Court Fall Session (2002)
Corcoran Prison Abuses Alleged
Kristie's Law - Unnecessary Police Pursuits
Larry Bolin was taken to the hospital on Tues.
and he died this morning [May 15, 2003].
I don’t have all the details from the prison,
but it looks like he died of a blood clot in his heart.
Federal Prison
Atlanta, Georgia - Medical Neglect of Larry Bolin
P.U.S.H. - Words of Encouragement
Live After Exoneration Program
Letters and Articles in Support of B. Cayenne Bird
International
CURE - To Reduce Crime and Uplift World-wide Criminal Justice
Links to Other Sites
U.N.I.O.N.
(United for No Injustice, Oppression or Neglect)
United States Dept. of Justice - Two Guards Sentenced
Prison Law Office Investigations - Ombudsman for CDC
People Aligned to Replace Injustice & Cruelty with Knowledge
Federal Mandatory Sentences are Unconstitutional
CiViCUSA
Citizens
Inspiring Victory by Impeachment of Corruption
CiVic USA - Another Win for a Citizen
THE PRISONIZATION OF AMERICA AS A SHAMEFUL SOCIAL PROBLEM
Free Yurko - Shaken Baby Syndrome
Free Ken Marsh - Conviction Reversed
Corey Weinstein, M.D. - Major Changes Required for CDoC Medical Services
"Communist Oriented Policing?"
Families to Amend California's 3-Strikes FACTS
Justice:
Denied
The Magazine for the wrongly
convicted
U.S. Department of Justice
Civil Rights Division
Special Litigation Section
Conduct
of Law Enforcement Agencies
Human Rights Watch - Prison & Offenders with Mental Illness
Human Rights Watch - Story of Y.D. California
Terr Schindler-Schiavo Foundation
California
Attorneys for Criminal Justice
Mind Control & Lockdowns
A Must read on Lockdowns!
Solitary
Confinement Torture in the U.S.
Mind Control - California Penal System
Dick Sutphen's "The Battle for Your Mind"
Links about Idaho Prison Lockdown & Prisoners
Idaho Index
Good material from the Families
Unacknowledged
Victims of the DOC - Florida
The Voice of the Imprisoned - Pennsylvania
Texas Prison Labor Union Abuses
Defenders, Equalizers & Negotiators for the Institutionalized Society - Illinois
Torture in Michigan - The Death Of Timothy Souders
Montana State Prison - Medical Neglect
Jason Vale - Sent to Federal Prison - New York
Jason with his Apricot Seeds
Seed Of Faith - Jason Vale Defense Fund
Jason Vale Railroaded into Prison
Cancer Survivor Faces Possible Prison Term for Selling Apricot Seeds
Writings
from Prisoners
Tom Watson & Joel Brown
have produced some must read writings!
New - Fritz Springmeier - Author
of many Books!
Please check them out!!!
California Prisoners
Tom Watson Finally Released: But With No Legal Identification Papers
Writings by Joel Brown - Index
The Mighty Pen - by Tracye B. Washington
Framed in Shasta County - Monte Lee Bridges
The Strip Search - by Monte Bridges
Letter by Michael Lanning - Voting & Parole
Michael Lanning - 2004 Christmas Letter
Drawing by Jody Dean Seelye - Corcoran
Ronald David Cook - Life's Traps
Richard Hamlin - Trial Defense
Story of Timothy Patrick Treacy
Idaho Prisoners
Poems by Russell "Rusty" Holland
Wild Free Mustang
Outside the
Federal Prison
Herlong, California
Oregon Federal Prisoners
Fritz Springmeier Writings - Index
Injustice For All
By Fritz' Cellie - Jeffrey R. Banker
Other Federal Prisoners
Martha Stewart - Guilty of a Non-Crime
HARPP - Help Americans Release Political Prisoners
Break All Chains - Blogspot - Letter From Tony Serras
Federal Border Control Agents - Punished for Doing Their Jobs
Bush Commutes Sentences of Border Agents Compean, Ramos - 1-19-09
Kenneth Michael Trentadue - Reward
Paul Pantone Wrongfully Imprisoned
IF YOU KNOW OF A FEDERAL INMATE SUFFERING MEDICAL NEGLECT:
Federal CURE (FedCURE) has BOP executive staff designated
as liaisons to handle inmate medical issues. You can contact them at: Medical@FedCURE.org
or go to: www.fedcure.org/contactmedicalagreement.shtml
for more information
Note: Nothing on this site is being presented
as legal advice or counsel. The contents of this site are based on personal
experience and belief. The entire contents of this site are made available
for your use, free of charge.
This site protected by California
Penal Code §502 (a).
Updated October 6, 2009