DC – US v Class – Petition Habeas Corpus denied

11/17/2014 166  LEAVE TO FILE DENIED – Petition for Writ of Habeas Corpus submitted by Dwight Class, non-party, as to RODNEY CLASS. “Leave for non-party to file petition DENIED,” signed by Chief Judge Richard W. Roberts on 11/13/14. This document is unavailable as the Court denied its filing. (A copy of the front page of the document mailed to RODNEY CLASS and Dwight Class.)(mlp) (Entered: 11/17/2014)

 

4 thoughts on “DC – US v Class – Petition Habeas Corpus denied

  1. actually that petition was correct, see: http://www.lectlaw.com/def/h001.htm.

    ***Lat. “you have the body” Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another’s detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences. In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. Also, a party may file a habeas corpus petition if a judge declares her in contempt of court and jails or threatens to jail her.

    In Brown v. Vasquez, 952 F.2d 1164, 1166 (9th Cir. 1991), cert. denied, 112 S.Ct. 1778 (1992), the court observed that the Supreme Court has “recognized the fact that`[t]he writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.’ Harris v. Nelson, 394 U.S. 286, 290-91 (1969). ” Therefore, the writ must be “administered with the initiative and flexibility essential to insure that miscarriages of justice within its reach are surfaced and corrected.” Harris, 394 U.S. at 291.

    The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is “the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.” Harris v. Nelson, 394 U.S. 286, 290-91 (1969). Because the habeas process delays the finality of a criminal case, however, the Supreme Court in recent years has attempted to police the writ to ensure that the costs of the process do not exceed its manifest benefits. In McCleskey the Court raised barriers against successive and abusive petitions. The Court raised these barriers based on significant concerns about delay, cost, prejudice to the prosecution, frustration of the sovereign power of the States, and the “heavy burden” federal collateral litigation places on “scarce federal judicial resources,” a burden that “threatens the capacity of the system to resolve primary disputes.” McCleskey, 499 U.S. at 467.

    The Court observed that”[t]he writ of habeas corpus is one of the centerpieces of our liberties. `But the writ has potentialities for evil as well as for good. Abuse of the writ may undermine the orderly administration of justice and therefore weaken the forces of authority that are essential for civilization.’ ” McCleskey, 499 U.S. at 496 (quoting Brown v. Allen, 344 U.S. 443, 512 (1952) (opinion of Frankfurter, J.)) …

  2. Not if it was not signed by Rodney. His brother cannot represent him…

    Next Friend Standing

    Most important for present purposes, “next friend” standing is by no means granted automatically to whomever seeks to pursue an action on behalf of another. Decisions applying the habeas corpus statute have adhered to at least two firmly rooted prerequisites for “next friend” standing. First, a “next friend” must provide an adequate explanation — such as inaccessibility, mental incompetence, or other disability — why the real party in interest cannot appear on his own behalf to prosecute the action. Wilson v. Lane, 870 F. 2d 1250, 1253 (CA7 1989), cert. pending, No. 89-81; Smith ex rel. Missouri Public Defender Comm’n v. Armontrout, 812 F. 2d 1050, 1053 (CA8), cert. denied, 483 U. S. 1033 (1987); Weber v. Garza, 570 F. 2d 511, 513-514 (CA5 1978). Second, the “next friend” must be truly dedicated to the best interests of the person on whose behalf he seeks to litigate, see, e. g., Morris v. United States, 399 F. Supp. 720, 722 (ED Va. 1975), and it has been further 164*164 suggested that a “next friend” must have some significant relationship with the real party in interest. Davis v. Austin, 492 F. Supp. 273, 275-276 (ND Ga. 1980) (minister and first cousin of prisoner denied “next friend” standing). The burden is on the “next friend” clearly to establish the propriety of his status and thereby justify the jurisdiction of the court. Smith, supra, at 1053; Groseclose ex rel. Harries v. Dutton, 594 F. Supp. 949, 952 (MD Tenn. 1984).

  3. See also:

    The federal habeas statute provides that the “[a]pplication for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf.”28 U.S.C. § 2242. However, in order to establish standing to file a habeas petition in behalf of another, so-called “next-friend standing,” the putative next friend must show: (1) that the petitioner is unable to litigate his own cause due to mental incapacity, lack of access to court, or other similar disability; and (2) the next friend has some significant relationship with, and is truly dedicated to the best interests of, the petitioner. Coalition of Clergy, Lawyers, and Professors v. Bush, 310 F.3d 1153 (9th Cir. 2002); Massie ex rel. Kroll v. Woodford, 244 F.3d 1192, 1194 (9th Cir. 2001). The “next friend” bears the burden to establish the propriety of his status and thereby justify the jurisdiction of the court. *44Whitmore v. Arkansas, 495 U.S. 149, 163-64 (1990).

    As I said, such a fail, and no, no adhominems were abused in this conclusion

    Nothing in your response really addressed the issue as to why it was incorrectly rejected.

Comments are closed.