Category Archives: 55 Days In Maricopa County Jail

GAME OVER: Wilkins Habeas Corpus Denied

OP-NAT EYE
9/28/2011

PHOENIX — Exactly three year and two months later, doing everything possible as a homeless/jobless pro-se petitioner/defendent to see if a U.S. court would uphold the Constitution, it is officially over.

My final brief in Wilkins v. Arizona (CV-10-0443-PHX-JWS(MEA)) was filed last week, which was the objection to U.S. Magistrates recommendation to deny habeas corpus. Granted, I could appeal to the Ninth Circuit Court of Appeals (even though the Magistrate recommends dismissal with prejudice), I have expended enough time and energy proving what I needed too. My other pending federal litigation, Wilkins v. Maricopa County, Joseph Arpaio, et al. (CV-09-1380-LOA) was pending in the … Read Entire Article

UPDATE: Wilkins Habeas Corpus Part 2 and Sherle Flaggman’s Criminal [Ex]-Husband

UPDATED 6/29/2010: U.S. Magistrate Judge Mark Aspey Recommends The Federal Courts Assume Jurisdiction If The Arizona Court Of Appeals Does Not Reverse The Illegal Conviction (see PDF of the ORDER here)

This in no way mean the federal district court will reverse it either, but it does, however, guarantee that I will finally get legitimate review of this malicious, illegal conviction. Now the Arizona Court of Appeals is kind of backed into a wall: they cannot simply “deny review” of the currently pending petition for review in their court, as they, the Arizona Supreme Court, and Maricopa County Read Entire Article

Observations From A Federal Rule 16 Conference

by Brian A. Wilkins
3/3/2010


The View As You Walk Into The Doors Of The U.S. District Court In
DownTown Phoenix.

As many of you know, the federal lawsuit vs. Mea Culpa County and Joke Arpaio I filed last year is now in the discovery stages, which led me to a first actual court appearance yesterday for what is called a Rule 16 Conference. I guess this is the stage where attorneys and parties are supposed to use the proverbial “I cannot comment on pending litigation” jazz, but the truth of the matter is, I have absolutely nothing to … Read Entire Article

You Decide: My Pro-Se Petitions in the Arizona Supreme Court

by Brian A. Wilkins
12/29/2009

EVERY DOCUMENT YOU NEED TO DECIDE IS HERE.

As the 2nd worst year of my life comes to a close (2008 was obviously pretty bad too), all I can now do is wait and see what a three-judge panel for the Arizona Court of Appeals decides; and what the five justices of the Arizona Supreme Court decide; neither of which will happen until (likely) late in 2010. I plan to file a motion to consolidate both cases in the Supreme Court, since they have virtually all the same claims.

The facts I was held at Read Entire Article

Federal Judge Orders Sheriff Joe Arpaio, Maricopa County, To Answer Wilkins Claims

by Brian A. Wilkins
12/23/2009

Coincidentally or otherwise, one day after I was almost killed in a freak car accident which my driver-side wheel detached from the rotor and bearing while I was driving, a federal judge ordered Maricopa County and Sheriff Joe Arpaio to answer several claims in my pro-se federal lawsuit.

U.S. Magistrate Judge Lawrence O. Anderson denied the defendants’ motions to dismiss the case on Tuesday, while also dismissing some of the Plaintiff’s (my) claims. READ THE ENTIRE ORDER INRead Entire Article

Anant Kumar Tripati, Maricopa County’s Race-Based Justice, and My Situation

UPDATED 1/12/2010:
Arizona Dept. Of Corrections Interim Director Charles L. Ryan Trying to Murder Anant Kumar Tripati?

UPDATED 10/19/2009: Department of Corrections Denying Tripati Proper Medical Care


In an email to Operation Nation, Mr. Tripati’s daughter, Aradhna, says her dad had a heart attack last December and was rushed to an emergency room from the prison. He was given blood pressure medication upon being released from the ER, but now the prison, in their continuing efforts to kill Mr. Tripati, are now denying him that medication. Here is an excerpt from the email:

In the new year, the prison lost
Read Entire Article

Wilkins v. Donahoe: Petition for Special Action in the Arizona Court of Appeals

by Brian A. Wilkins
9/24/2009

Those of you who have been following this persecution since the beginning, you know I filed a Petition for Post-Conviction Relief in the Maricopa County Superior Court. That petition, by law and by procedural guidelines, had to be decided by Maricopa County Judge Gary Donahoe and/or Teresa Sanders by September 1, 2009. Of course, in the tradition of Maricopa County court backwoods behavior, the petition was simply ignored.

Because Donahoe has violated Arizona statutes, and jurisdiction by the higher court can be accepted because of this violation of law(and other reasons), I filed a Petition Read Entire Article

Prosecutor Elizabeth Ortiz Takes Over Rule 32 Proceedings; Is On Same Tempe Board With Mayor Hugh Hallman

by Brian A. Wilkins
8/18/2009

Coincidence? I highly doubt it. It is likely a combination of the fact rookie Maricopa County prosecutor Neha Bhatia filed a, for lack of better term, incompetent response to my Rule 32 Petition for Post-Conviction Relief; and the fact this new prosecutor assigned today, Elizabeth Ortiz, is on the board of directors for Tempe Preparatory Academies, along with Tempe mayor Hugh Hallman. Throughout this entire year-long persecution of my life and well-being, I have now have to endure the “services” of three Maricopa County public defenders (David Allen Brown, Michael Ziemba, and William Peterson), … Read Entire Article

City of Tempe, Police’s Motion To Dismiss Wilkins Federal Lawsuit Is Denied

OPERATION NATION STAFF
8/5/2009

ORIGINAL LINK: http://blog.operation-nation.com/2009/08/05/city-of-tempe-polices-motion-to-dismiss-wilkins-federal-lawsuit-is-denied.aspx

PHOENIX — The City of Tempe has until August 20, 2009 to file a formal answer to pro se Plaintiff Brian A. Wilkins’ federal civil rights lawsuit after U.S. District Judge Mary H. Murguia denied Tempe’s motion to dismiss.

The lawsuit, filed in April, alleges the Tempe Police have policies, customs, and practices of race-based arrests and falsifying police reports, perpetuated by Tempe Police Chief Tom Ryff, and violated Wilkins’ civil rights when they arrested him on July 22, 2008. Wilkins was arrested after his then-neighbor, Michael Arthur Wood, attacked Wilkins in … Read Entire Article

Pottawattamie County vs. McGhee: Most Important SCOTUS Decision In Decades

by Brian A. Wilkins
7/20/2009


Mr. Terry Harrington (pictured), along with Mr.
Curtis McGhee spent 25 years in prison for a
murder they did not commit. (AP Photo)

Maricopa County (Phoenix, AZ) prosecutors Lynn Krabbe and Heather Wicht: pay close attention. Both of you, along with many of your prosecutor cohorts, might want to start praying that U.S. Supreme Court Justices Clarence Thomas, Samuel Alito, Antonin Scalia, and Chief Justice John Roberts can convince Justice Anthony Kennedy to “feel conservative” the day they decide Pottawattamie County v. McGhee, likely later this year. Though its pathetic, unconstitutional, and sad we, as American citizens, have to rely on … Read Entire Article