Bowen to recover cost… Non-published opinion here
Bowen to recover cost… Non-published opinion here
Title: Robert C. Laity, Petitioner v. New York
Docketed: January 23, 2014
Lower Ct: Appellate Division, Supreme Court of New York, Third Judicial Department
Case Nos.: (516176)
Decision Date: April 11, 2013
Decision Date: November 19, 2013
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Jan 20 2014 Petition for a writ of certiorari filed. (Response due February 24, 2014)
Mar 12 2014 DISTRIBUTED for Conference of March 28, 2014.
Mar 31 2014 Petition DENIED.
Apr 11 2014 Petition for Rehearing filed.
Apr 16 2014 DISTRIBUTED for Conference of May 2, 2014.
May 5 2014 Rehearing DENIED.
Reality Check has an interesting overview of Douglas Vogt’s strange case.
Orly filed some meaningless documents and the defense is quick to point this out. He worst failure is to quote from the dissenting opinion rather than the ruling. That’s a major no-no in law. Poor Orly realizes that she is losing the case and hopes, by filing nonsense, she can delay the inevitable
Document Number: 110
RESPONSE to Motion re  MOTION for Leave to File filed by Democrat Party of Mississippi (Begley, Samuel)
Plaintiff first requests that the Court take into consideration the dissents (but not the ruling or concurrences) from a recently decided Supreme Court of Alabama case [ECF 105-3]. This case interpreted an Alabama statute (§ 17-14-31(a), Ala. Code 1975) that concerns the Alabama Secretary of State’s obligation to place nominees on the ballot. The dissents that Taitz requests the Court consider are irrelevant to the disposition of any pending motion in this case.
Denied without a written opinion. No big surprise.
Most decisions of the Court of Special Appeals are not reported, as Maryland Rule 8-605.1 requires the Court to report only those opinions that are of substantial interest. Reported appellate opinions are posted on the day they are filed.
Copies of unreported opinions can be obtained from the clerk’s office where the unreported opinion was filed. To request a copy, write the Clerk of the Court in the Court of Appeals or the Court of Special Appeals, citing the parties, docket/term, date filed and include a check for $10.00 for each copy, made payable to the Clerk of the Court.
Trying to argue that US v WKA is erroneous or should not be interpreted as common sense and law dictates. A lot of words with no content.
Case No. 1287 – Term 2012
COURT OF SPECIAL APPEALS
TRACY A. FAIR and MARY C. MILTENBERGER, on behalf of themselves.
ROBERT WALKER, Chairman of The Maryland State Board of Elections, et al.
BRIEF OF APPELLANTS TRACY A. FAIR and MARY C. MILTENBERGER
On Appeal from the Maryland Circuit Court for Carroll County
The Honorable Judge Thomas F. Stansfield
Case No. 06-C-12-060692 ========================================================
Robert C. Laity @RobertCLaity 2h
@Scotus I’m coming back April 25,2014 with a Petition for Rehearing. Second chances are good. For the Court and myself. Obama is a usurper
No chance that a rehearing will lead to the hoped for result. Just because Robert believes that somehow our President is a usurper. Even assuming that he is ineligible, he was properly elected and thus can be at worst be a de facto President. Too bad they cannot even get these principles of law correctly. Oh well.
Someone give the man a shoulder to cry on :-)
Document Number: 108
Joinder in Document by Secretary of State of Mississippi to  Response in Opposition to Motion filed by Democrat Party of Mississippi (Matheny, Justin)
In addition to the Mississippi Democratic Party Executive Committee’s arguments adopted herein by reference, Secretary of State Hosemann submits that the Plaintiff’s latest filing consists of irrelevant, inadmissible, and otherwise inappropriate arguments and documents, and Secretary of State Hosemann’s pending Motion for Judgment on the Pleadings, Docket No. 8, should be granted for all the reasons previously submitted to the Court through his prior briefing and argument.
13-875 LAITY, ROBERT C. V. NEW YORK
Wow, in a few well chosen words, Begley explains why Orly’s so-called evidence fails.
Plaintiff Taitz, who has been an attorney for over 11 years, in her latest motion seeks to introduce what she describes as three items of “additional evidence and rulings supporting her opposition to defendants motion to dismiss” [sic]. The items in question are neither evidence nor rulings; they are also wholly irrelevant to the disposition of the fully-briefed dispositive motions.
Document Number: 106
RESPONSE in Opposition re  MOTION for Leave to File ADDITIONAL NEW FACTS AND OPINIONS filed by Democrat Party of Mississippi (Begley, Samuel)
Orly appears to be really intent on having the court delay its ruling until after President Obama has left office… She has filed a motion for leave to file new facts and opinions. None of which really help her case.
I looked at Voeltz III and the docket mentions: 03/13/2014 Affirmed – Per Curiam Affirmed
Did I miss something?
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
MICHAEL C. VOELTZ ,
BARACK HUSSEIN OBAMA,
Florida Democratic Party nominee
for President to the 2012
Democratic National Convention;
KEN DETZNER, Secretary of State of Florida;
FLORIDA ELECTIONS CANVASSING COMMISSION,
CASE NO. 1D 13 – 83
Opinion filed March 13, 2014.
An appeal from the Circuit Court for Leon County . Kevin Carroll , Judge .
Larry Klayman, Washington, D.C. , for Appellant.
Mark Herron, Joseph Brennan Donnelly, and Robert J. Telfer III of Messer Caparello, P.A., Tallahassee; Stephen F. Rosenthal of Podhurst Orseck, P.A., Miami , and Richard B. Rosenthal of The Law Offices of Richard B. Rosenthal, P.A., Miami, for Appellee
President Barack Obama; J. Andrew Atkinson, General Counsel, and Ashley E. Davis, Assistant General Counsel for Appellees Florida Secretary of State Kenneth W. Detzner and The Florida Elections Canvassing Commission.
PER CURIAM. AFFIRMED.
THOMAS, RAY, and SWANSON, JJ., CONCUR.
Klayman, the attorney whose case was recently ‘dismissed’ all the way up to the Alabama Supreme Court has mentioned that the case may be appealed to the Supreme Court of the United States.
While this would certainly please some of the birthers, it seems fair to point out that the issue that remains is extremely narrow and that the Supreme Court would not be interested in hearing about the claims that President Obama is somehow ineligible. As even the dissenting Judge Moore observed, that time has long since passed when he became President Elect.
This well-written and thoughtful opinion by Chief Justice Moore will hopefully give courage to other judges to tell it like it is. Indeed, I have appeals pending in Florida, and the majority decision of the Alabama justices will likely be taken to the U.S. Supreme Court under a petition for writ of certiorari.
Moore told it like it is: It’s over… Next time, the Secretary of State is still under no obligation to determine the eligibility of a Presidential Candidate, although she may, in certain cases do so. Alabama and California are on the record, with other states to follow these precedents.
While Klayman may have ‘cases on appeal’ they too will fail to successfully raise the issues the birthers so desperately are seeking even though the courts, and the Department of Health of Hawaii have ruled, verified and certified as to the eligibility of President Obama.
There is btw no majority decision in this case. But we should wait to see if Klayman figures it out.
Few other judges in this nation have the courage of Chief Justice Moore. The Honorable Royce C. Lamberth, who held the Clintons to account in the late ’90s and early 2000s and ruled that Bill Clinton had committed a crime, and Richard J. Leon, who just ruled against the National Security Agency’s “almost Orwellian” surveillance on all Americans, are among the most endangered of species.
Ah, Judge Lamberth whose rulings in various cases have all rejected the birther claims. Yes, he too has been very courageous. But perhaps Klayman is confusing courage with ruling in a pleasing manner?
As to Florida, they too ruled that any relief to be found lies with Congress. Good luck to Mr Klayman on that.
When the law fails, it’s time for flattery [Warning: Link to Orly's blog, click at your own risk]… In a draft letter to Judge Moore she ‘observes’ that
Orly: I read your brilliant analysis in McInnish v Chapman, a case relating to Barack Obama’s run for the U.S. President while using a fabricated birth certificate.
Orly insists, without much legal supporting evidence that under 18 USC 3332, any judge may forward information to a grand jury. In fact the only legal cases she does reference have no relevance to the issue, but are meant to remind Moore of what a Federal Judge did when he forced Moore to remove a religious statue.
What Orly, and others, may have failed to realize is that there are two statutes under which a grand jury may be convened and these grand juries are very different beasts.
Douglas Vogt has filed a petition of writ of Certiorari with the US Supreme Court. Apparently unfamiliar with the role of the Supreme Court, Mr Vogt filed his writ and sealed affidavit, failing to recognize that there is only one issue before the Supreme Court: Did the lower Court err in its decision to reject Vogt’s request to bring the case to the attention of a Grand Jury.
The court found that
Nevertheless, Mr. Vogt fails to address any of the case authority cited by the court in its order to show cause indicating that (1) there is no private right of action under either 18 U.S.C. § 4 or 18 U.S.C. § 2382, (2) private parties generally lack standing to institute a federal criminal prosecution, and (3) private citizens or voters, such as Mr. Vogt, lack standing to challenge President Obama’s qualifications to hold office through the use of misprision of felony or misprision of treason statutes, or otherwise, because they have suffered no particularized injury.
Vogt ‘argues’ that
It is imperative that the United States Supreme Court hear Petitioner’s claim as soon as practicable. This Court’s expedited consideration of the petition for writ of certiorari is warranted in order to ensure that Vogt’s allegations related to the ineligibility of Barack Hussein Obama, II, to be President be promptly heard by the body Constitutionally designated and empowered to initially investigate and then determine that question, to wit, a Federal Grand Jury.
Vogt’s allegations are irrelevant to the Supreme Court
Filed at the U.S. Supreme Court on March 20th, 2014:
IN THE SUPREME COURT OF THE UNITED STATES
Douglas Vogt, Petitioner,
United States District Court, Western District of Washington, Respondent.
Petition for Writ of Certiorari to the United States District Court for the
Western District of Washington and the United States Circuit Court for the Ninth Circuit
Petitioner’s Motions to: (i) Expedite and (ii) Seal Affidavit
Petitioner, Douglas Vogt, respectfully requests that this Court: (i) expedite its consideration of the petition for a writ of certiorari in this case and (ii) seal the attached affidavit of Douglas Vogt which demonstrates the forgery of the Certificate of Live Birth of Barack Hussein Obama.
Affirmed. No Opinion. (Special Writing)
Hugh McInnish and Virgil H. Goode, Jr v. Jim Bennett, Alabama Secretary of State
(Appeal from Montgomery Circuit Court: CV-12-1053)
No. 1485 S-15155 Lamb v. Obama [other civil]
http://www.courtrecords.alaska.gov/webd … m-1485.pdf
Mr. Lamb clearly lacks interest-injury standing to sue because he cannot establish any injury in fact, nor can he show a genuine controversy. Mr. Lamb claims that his failure to vote was his injury. However, the Supreme Court has “consistently held that a plaintiff raising only a generally available grievance about government — claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large” — does not present a controversy.Mr. Lamb’scomplaint alleges nothing more than non-justiciable abstract and theoretical claim
The court is under no obligation to accept as true Mr. Lamb’s complaint that is full of legal conclusions and bald assertions cloaked as facts. Bare legal conclusions are not entitled to the benefit of the presumption of truth and are not accorded every favorable inference.Moreover, Mr. Lamb has failed to plead any facts that fit within any cognizable legal theory. Mr. Lamb’s complaint gives his version of the history of Mr. Obama’s life and presidency; however he neither states nor provides allegations sufficient for any recognized cause of action. Even if the complaint and summons were properly served, Mr. Lamb had standing, and this court had jurisdiction, Mr. Lamb pleads no claim entitled to relief.
With comments interspersed. Will update over time, Orly’s response is fascinating and very Orlyesque. I am not a lawyer, just my best reading.
IN THE US DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
Dr. Orly Taitz, ESQ et al
Democratic Party of Mississippi et al )
CASE 12-CV-280 HON HENRY WINGATE
REPLY TO OPPOSITION AND IN SUPPORT OF RELEVANCE TO NEW MATERIAL FACTS SUBMITTED TO THE COURT ON 01.21.2013
On January 22 parties held a phone conference with Judge Wingate. During the conference Hon Judge Wingate ordered Defendants to respond within 2 weeks to January 21 “Notice of New Material Facts” filed by Plaintiff Taitz. Taitz to reply within a week after the last response. Further, this court brought to the attention of the parties a comment that Judge Wingate’s law clerk found as being posted on the web site of Orly Taitz, OrlyTaitzESQ.com, by one Virgil E. Byrd, where aforementioned Virgil Byrd made an allegation of ex-parte communication by this court and made defamatory statements. (Exhibit 1 “Virgil E. Byrd” comment.) Hon. Judge Wingate advised the parties that he will contact the US Attorney for the Southern District of MS and he will be seeking a criminal investigation to ascertain identity of the individual who made this comment.
|Taitz et al v. Democrat Party of Mississippi et al
Assigned to: District Judge Henry T. Wingate
Referred to: Magistrate Judge Linda R. Anderson
Notice of Electronic Filing
The following transaction was entered on 2/12/2014 at 2:55 PM CST and filed on 2/12/2014
Case Name: Taitz et al v. Democrat Party of Mississippi et al
Case Number: 3:12-cv-00280-HTW-LRA
Filer: Orly Taitz
Document Number: 104
Reply to Opposition and in Support of Relevance to New Material Facts submitted to the Court on 1/21/2013, filed by Orly Taitz. (Attachments: # (1) Exhibit 1 – Virgil E. Byrd comment, # (2) Exhibit 2 – American Thinker Article, # (3) Exhibit 3 – 7/18/2013 Text Order)(ND)