Category Archives: 55 Days In Maricopa County Jail

GAME OVER: Wilkins Habeas Corpus Denied

OP-NAT EYE
9/28/2011 (links updated November 6, 2018)

Here is Day 1 (July 22, 2008) of the “55 Days In Maricopa County Jail” series when I kept a daily journal while incarcerated as a pre-trial, non-convicted detainee for nearly two months. You can scroll in ascending order from there.

PHOENIX — Exactly three year and two months later, doing everything possible as a homeless/jobless pro-se petitioner/defendant 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 … Read Entire Article

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

UPDATED January 20, 2018: Maricopa County lawyer Sherle Flaggman placed on probation for a year by the Arizona State Bar.

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” Read Entire Article

Observations From A Federal Rule 16 Conference

by Brian A. Wilkins
3/3/2010 (links updated November 6, 2018)

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 hide, as everything being litigated in this lawsuit has … Read Entire Article

You Decide: My Pro Se Petitions in the Arizona Supreme Court, Court of Appeals and U.S. District Court

by Brian A. Wilkins
12/29/2009 (updated December 17, 2019)

UPDATE May 12, 2012: Arizona Supreme Court disbars Maricopa County Attorney Andrew Thomas and his deputy Lisa Aubuchon.

It’s too little to late for me. But this thug will never be able to do to anyone else what he did to me.

 

Thomas “outrageously exploited power, flagrantly fostered fear, and disgracefully misused the law” for malicious prosecutions, according to the panel. The guy responsible for all this crap going on in my life is no longer a lawyer, elected or otherwise, in Arizona.

But the damage … Read Entire Article

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

by Brian A. Wilkins
12/23/2009 (links updated November 6, 2018)

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 IN PDF FORMAT HERE.

The judge ordered that the Plaintiff’s claims of conspiracy and Eighth Amendment cruel and unusual punishment dismissed. However, the court ordered Maricopa County to answer the Plaintiff’s Fourteenth Amendment “procedural due process” claims, as pre-trial, non-convicted … Read 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 (links updated November 3, 2018)

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 … 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 his apartment at knife-point, … Read Entire Article

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

UPDATED January 4, 2010: U.S. Supreme Court dismisses Pottawattamie County vs. McGhee.

The case was dismissed pursuant to Rule 46. The parties settled the case out of court. It’s unfortunate because a decision on this would have had major implications on the U.S. “justice system.” But we’re very happy for Mr. Harrington and Mr. McGhee if this settlement closed an awful chapter of their lives.

—ORIGINAL STORY—

by Brian A. Wilkins
7/20/2009 (links and photos updated December 11, 2018)

Maricopa County (Phoenix, AZ) prosecutors Lynn Krabbe and Heather Wicht: pay close attention. Both of you, along with … Read Entire Article