POST
"CONVICTION"
(If one dares call it
that)
Mr.
Deering balanced all his time caring for his son and
writing petition after petition to the courts in order to have the Void
Conviction
Memorialized as such and Vacated. He had hoped the California
Courts would
recognize
that the degenerate
troupe from the State
of Michigan did not and never
could
establish jurisdiction. From the California Superior Court upward the
judges would not hear the Petition for Writ of Habeas Corpus.
Only
judges
Kennard
and Werdegar of the California Supreme
Court actually considered the
Substantive Arguments in the Petition and would have
granted it. What
has our country come to when only two of
our jurists will fulfill their solemn duty and protect our
most fundamental Constitutional rights?
 
While
Mr. Deering was in California pursuing legal remedies per the
Plea
Agreement,
Rudy Nichols continued
his flagrant usurpation of the
court
and on March 31, 2006 issued a Bench Warrant for
Mr. Deering's Arrest.
Was it
possible that Judge Nichols (Mr. Co-Prosecutor) didn't know
Mr.
Deering was lawfully in California pursuing legal remedies? It
is conclusively
apparent from the court record that he knew, as: 1) Nichols
openly
admitted that the matter (issuing a Bench Warrant) was "not
properly
before [him];" 2) Public Defender Shanahan informed Nichols
that Mr.
Deering was properly in California; and, 3) Nichols
stated
further on the record: "I need a moving party to
ask for a bench
warrant.
. . . we
just won't take any action."
And what did Mr.
Co-Prosecutor Nichols do when he didn't have a moving
party? Off
the
Record, in the back room, in a transparent attempt to hide his
usurpation of office, on the very same day he had
indicated he had no authority to issue a Bench Warrant, he did! So much
for
judicial neutrality, restraint, due process, and Constitutional
separation of powers; not to mention Rudy Nichols’ solemn oath of office.
On
April 18, 2006 Mr. Co-Prosecutor Rudy Nichols received a fax from Mr.
Deering requesting the unlawful Bench Warrant be withdrawn.
But it
wasn't until
May 22, 2006 in a transparent attempt to save face Mr.
Co-Prosecutor Rudy Nichols Set
Aside his Bench Warrant posturing it was a
"clerical
error." Clerical error or pathetic lie? If it
wasn't such a disgraceful and brazen abuse of public office, it would
be
comical.
After exhausting State
Remedies in California Mr. Deering submitted
a Petition for a Writ of Habeas Corpus by a person in State Custody
under 22 USC 2254 in the Federal District Court Los Angeles.
But
the six
months was running out, and with A.A.G.
Wood and Co-Prosecutor Nichols chomping
at the bit
to have Mr. Deering renditioned again, he had to make
a very difficult
decision; does he stay and be arrested again without hope of effective
legal
representation or leave the country where he could carry on the fight
with
access to legal research and writing tools? The Federal Court procedure
is to
prioritize and adjudicate submissions of the Great Writ.
If he left, then at least he would be able to be in
contact with
his son
via Skype calls. And if
he was to be
gone for
an extended period of time then his son was to be
sent to him over the
holidays and
summer vacations until the Void Conviction was Vacated. With
multiple citizenships Mr. Deering left
for the safety of Europe.
After
four months of waiting the Federal District Court in Los Angeles
California transferred his case to the Michigan
Eastern District
Court in Detroit without adjudicating the questions.

The delays flowing from
procedure over substantive issues had deepened. Further delays occurred
when the
Michigan Department of Corrections falsely listed Mr.
Deering as an absconder and the
Fed District Court in Detroit (where the Petition had been
transfered) Dismissed
the
Petition for Habeas Corpus Without Prejudice because of it.
Another four months of waiting for nothing.
Justice delayed is truly justice denied.
Others
similarly situated, including Charles Hamilton, Joe
Jurecki, Randall Scotti, and Rick Welch also filed Petitions for Writs of Habeas Corpus
only to be denied a hearing. Their arguments that MCL 750.165 is
unconstitutional as a
Debtor's
Prison scheme, Cruel
& Unusual Punishment, and Excessive
Bail were never even considered.
A
second Petition for a
Writ of Habeas Corpus was filed in the Federal District Court
in Michigan with legal representation. The abuses
of
discretion, and the placing of procedure over substantive due process,
seemed to have come to an end when Magistrate R. Steven Whalen
of the Federal District
Court of Detroit Michigan Ruled that the Petition was not subject to
Summary Dismissal and Ordered Responsive Pleading.
Once again, however, it was Dismissed
Without Prejudice citing the
falsified absconder status. We must all ask the question; when will the depravity
of State Judicial and Executive usurpers
finally be terminated? Who is next?
A
little boy, Mr. Deering's son, lives without the
father that raised
him on his own during his most formative years. On most occasions
when Mr. Deering was able to reach his
son he begged for him to come home.
Fully aware of his
suffering, James Long, Mitch Wood, and Rudy Nichols heartlessly allow
their Void Conviction to
stand
and Mr. Deering is unable to return to
his son. Who will bring this depravity to an end? Will the current Attorney
General, Bill Schuette,
allow his out of control employees to continue their
lawless
actions?
The Attorney
Grievance Commission refused
to investigate let alone proceed with the revocation of James Long
& Mitch Wood's license to practice law in Michigan.
The
Judicial Tenure Commission should investigate Rudy
Nichols with the recommendation that his license to
practice
law be revoked.
The U.S. Supreme Court has unambiguously and repeatedly ruled that exercising judicial
power without jurisdiction is treason, plain and simple.
Will the Governor of Michigan, Rick Snyder, intervene?
Will he support changes to our laws
such that We The People have a more direct say in who is
allowed
to continue in their public service? Should
a Citizens Grand Jury exercise oversight into which
complaints
before the
Attorney Grievance Commission and Judicial Tenure Commission are
prosecuted? Our founding fathers knew that part of the eternal
vigilance required to protect our Republic was a grand jury with broad
powers to oversee the actions of Our public servants. This is part of
America's rich heritage and memorialized in the 5th Amendment of
the Constitution. This now watered down power of oversight needs to be
reinvigorated as Mr. Deering's case exemplifies.
Your participation and support makes a difference and is deeply appreciated. Add your voice to see our public servants
held accountable to the law, and demand change by
signing the Petition
for Intervention & Reform.
BACK TITLE NEXT
P2 - DIVORCE
COURT SCAM P3 - FALSE
ARREST P4 - MALICIOUS PROSECUTION
P5 - POST
"CONVICTION" P6 - OPEN LETTER TO OUR PUBLIC SERVANTS

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