Your Questions About Writ Petition
George asks…
Even Higher Courts do not take serious view of false affidavits submitted to affect judgements, Why?
In some writ petitions ,the respondents submit false statements even with affidavits under oath to distort the facts trying to mislead the courts to attempt miscarriage of justice to petitioners. Inspite of pointing out the falsehood of the statements made and that too under affidavit, the High Court does not take the matter as serious. What sort of justice can be expected from the court?
Even after the petitioner submits the documents issued by the responds along with his affidavit to prove the false hood of statements of respondents made in return,the courts are lukewarm to the allegation of prejury levelled by petitioner on respondents. The lawyers can reply better as to why and how this happens and how the courts can be compelled for action.
MonroyPro answers:
I have faced this same problem. In my matter, I filed an Application u/S.340CrPC asking the Court to take action against my opponent for Perjury. I have cited Supreme Court judgments : Suo moto vs Karuppan and Arivandandam vs Satyapal, which specifically direct the lower courts to deal with perjury in a severe manner. Another good judgment to cite along with perjury applications is Chengalvaraya Naidu vs Jagannath – fraud on court. As mine is a Civil matter being a suit filed against me, I have also made an Application u/O.7 R.11 CPC for rejection of the plaint on these grounds. My applications are still pending; the previous judge was inclined to view it very seriously but then she got transferred and the present judge does not seem very interested but because he has to dispose of my Application, he grudgingly said he will hear it simultaneously with the main matter. Then he gave a very long date, probably to avoid having to apply his mind ! However, I will not let go and will take this up to the next level if I have to. I am sure that the Bombay High Court will take it seriously. I appear in person. Lawyers will never encourage clients to file perjury applications because most of them make false and misleading statements in affidavits prepared for their clients, as a matter of routine.
Charles asks…
Where do you mail?
Where do you mail “Petition For Writ Habeas Corpus” to?
Is it the court where the trial was held or to”
Clerk, U.S. District Court District of Nevada 400 South Virginia Street, Suite 301
Reno, Nevada 89501 or to another address in Las Vegas, Nevada 89101?
MonroyPro answers:
You have to send it to the District Court that is responsible for the part of the state in which you or your loved one is actually being held, which may or may not be where the trial was. If at all possible, get a lawyer to help you. If there is no way to get any help from a lawyer, get help from the smartest prisoner you know who has filed a Petition for Writ of Habeas Corpus while being held at the SAME facility.
Susan asks…
are there any attorney’s?
are there any attorneys willing to take on a challange of helping me to prepare a Petition for Writ of Mandate, for my service connected disability retirment, or even one who will help me with a claim i have against the sheriffs office in the Cali area i will even take assistance from a law student HELP!! very desperate
MonroyPro answers:
You should not take assistance from a law student — because the law student could get into trouble for unauthorized practice of law — California law is very strict about that.
But feel free to contact me offline — I am licensed to practice law in California — I may be able to help.
Mary asks…
Have you heard the latest on Berg’s case?
Obama Crimes
U.S. Supreme Court Update Regarding The December 01, 2008 Deadline
Thursday, 04 December 2008 01:46 Webmaster Main – News
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We understand everyone is eager to learn what occurred on December 1, 2008, at the U.S. Supreme Court. There is a rumor claiming Mr. Obama was Court Ordered by Justice Souter to turn over his birth certificate by December 1, 2008. This is NOT true.
When a Petition for a Writ of Certiorari is filed the Defendants automatically are given thirty (30) days to respond. They are not required to respond. The end of thirty (30) Days in the Berg v. Obama case was December 1, 2008. Keep in mind, the Defendants could have mailed in a response to the Petition for Writ of Certiorari and the Court allows approximately a week for mail. If this is the case, the envelopes must be postmarked December 1, 2008.
In the afternoon, December 1, 2008, Lisa, Mr. Berg’s Assistant contacted the U.S. Supreme Court and spoke with the Clerk. The Clerk informed Lisa Mr. Berg’s Petition for Writ of Certiorari would be distributed to all nine (9) Justices and a conference should be set within ten (10) days. As I’m sure you are aware, during the conference the Justices will discuss Mr. Berg’s Petition for the Writ of Certiorari and decide whether or not to grant or deny the Petition. It only takes four (4) out of nine (9) Justices to agree to grant Mr. Berg’s Petition for Writ of Certiorari. The Justices can also make other Orders during the Conference.
Mr. Berg’s Office also learned the Solicitor General is only representing the Federal Election Commission
Additional documents will be filed within the next couple of days. All Legal briefs will be posted on our website, so please continue checking back for updates.
Last Updated on Thursday, 04 December 2008 01:55
Interesting article, Deb! Thanks for sharing!
The lawsuit in California seems very promising. It is filed by presidential candidates and the Supreme Court may see that as “actionable” than Berg’s.
http://www.usjf.net/
Michael, where did Berg say he had just found this out? We all knew Obama was not going to respond and we all know why, too.
TotalA**, if you’re so bored, why are you here? I know why. YObama-supporters are worried about these lawsuits.
and you post that same sad post in every thread…
Yea, Ducky, I agree! Obama sure is wasting our tax dollars and so far 1 mil of his own dollars…
Liberals and Democrats, you seem to think this is the only case filed demanding proof that Obama is a natural-born United States citizen. That is just Obama-propaganda. There are suits filed in, I think, 11 states,…so far, like the one in California. Check out the link above…
Wendy, Obama himself proves that there is reason to suspect he lacks the qualifications… And please, Berg isn’t my “messiah.” I am interested in his case because it has to do with my cause. He is not the first attorney to be sued by a client or reprimanded by a judge, is he?
MonroyPro answers:
Let’s pray the supreme court will do the right thing and investigate this. We need to know the truth, one way or the other.
Edit: A little more for you:
December 1, writes attorney Thomas J. Latino, was “the deadline for the Obama legal team to file their response to the Berg Petition for a Writ of Certiorari. There was nothing. Mr. Obama has done what hasn’t been done before…he] has blatantly ignored a request from the Supreme Court of the United States – our highest and most revered legal institution. Mr. Obama, quite frankly, has thumbed his nose at the highest court in our land.”
Source:http://www.rightsidenews.com/200812032845/editorial/obama-the-trojan-horse.html
Ken asks…
granting a petition for injunctive relief or writ of mandamus?
If a law is OBVIOUSLY being broken by a corporation and person and it meets all of the qualifications does the judge HAVE to grant a writ of mandamus?What about injunctive relief?
MonroyPro answers:
Yes, he does.
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