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 knifepoint in my own apartment, spit on, and extorted for money , which forced me to protect myself with my gun, no longer even matter (more on that later). But three realities make this whole saga impossibly difficult: the law and U.S. Constitution mean nothing in Arizona; my pro-se energy is running extremely low; and this State, like most others, treat you like a leper when you decide to represent yourself in criminal cases. I can only hope after spending 1500+ hours in the ASU law library in the past nine months, and countless more hours in Maricopa County’s records department, the appeals court judges have at least some integrity.

I’m going to make this as elementary as possible, so even those of you who’ve never read a court document or know nothing about the law will be able to easily understand why I believe this “felony conviction” Maricopa County and pansy Andy Thomas /files/111943-104535/Dismissal_of_habeas.pdf”>ruling I must first exhaust all state remedies before a federal court can review the persecution.

I then had to file one of those useless, retarded, waste of time Petition for Special Action in the Arizona Court of Appeals just to get these judges to follow the law.


Maricopa County Judges (from L-R) Gary Donahoe, Teresa Sanders, 
and Emmet Ronan.


Arizona Rule Of Criminal Procedure 32.6(c), along with the corresponding state statute – A.R.S. 13-4236 – plainly and clearly says, “The court shall review the petition within twenty days after the defendant’s reply was due.” The Constitution of Arizona,  Article 2 § 11 also states, “Justice in all cases shall be administered openly, and without unnecessary delay.” Though you may read all the documents and review the record yourself for clarification, the Maricopa County court, by law, had to decide on the post-conviction petition by September 1, which never happened. I filed the special action on September 14, two weeks after the trial court was supposed to have already decided post-conviction relief.

The clown show went into full effect once notice of special action was filed and served on Maricopa County judges Donahoe, Sanders, David K. Udall, and Ronan. The same day I noticed Maricopa County of special action in the appeals court because of their malfeasance, Donahoe /files/111943-104535/REAL_PARTIES_RESPONSE.pdf”>seriously…read it yourself in the conclusion of their response [may take a few minutes to load]). One day later, on September 23, Sanders /files/111943-104535/REPLY_TO_REAL_PARTIES_RESPONSE.pdf”>reply to the State’s response to the special action, the Court of Appeals on October 8, I filed a Petition for Review in the Arizona Supreme Court, regarding the appeals court’s dismissal of the special action. I even filed a reconsideration of federal habeas corpus motion in the U.S. District Court, but it was denied, /files/111943-104535/Supplemental_Brief.pdf”>automatic reversal of conviction regardless of the reasons why it happened. Here is the plain language of Arizona Rule of Criminal Procedure 8.5, which regulates continuances (delays) for trials in this state:

Rule 8.5. Continuances


a. Form of Motion. A continuance of a trial may be granted on the motion of a party. Any motion must be in writing and state with specificity the reason(s) justifying the continuance.

b. Grounds for Motion.

A continuance of any trial date shall be granted only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice. A continuance may be granted only for so long as is necessary to serve the interests of justice. In ruling on a motion for continuance, the court shall consider the rights of the defendant and any victim to a speedy disposition of the case. If a continuance is granted, the court shall state the specific reasons for the continuance on the record.

It should also be noted that the Maricopa County court specifically ordered, on Septemer 22, 2008, that my trial “

As you can see, between October 27, 2008 and January 20, 2009 (the day trial was supposed to take place), only one entry was filed in the case: a subpoena to Sprint Communications for my text message records, which public defender Michael Ziemba (more on him later) had to re-serve on Sprint after the October 8 one because he gave them a completely wrong phone number (in other words, “my lawyer” didn’t even know my phone number).

So clearly and unequivocally, no written motion was filed by the State or Ziemba to vacate (continue) the trial. And since there was no motion filed, the court obviously could not and cannot satisfy the second part of Rule 8.5 either: that extraordinary circumstances must be presented on the record as to why the trial was vacated. “Judge” Emmet 
/files/111943-104535/EX10_Wood_papers.pdf”>on probation for counterfeiting money the night he tried to rob me in my own apartment (July 22, 2008), extort me for money (proven by text messages), choked me and spit in my face, all while I had a broken right hand not able to defend myself. The Tempe Police simply covered this all up…which would have easily been exposed at trial.

So how did my alleged “lawyer” at the time, Ziemba, let this happen?


Maricopa County public defender Michael Ziemba

First and foremost, anyone reading this who has this douche for a lawyer should immediately file a motion for new counsel. From what I understand, this guy now handles death penalty cases, so the State of Arizona will likely be executing more people than ever with this guy as the murder defendants’ attorney. Ziemba was, coincidentally or otherwise, promoted to his new, higher paying position in death penalty cases right after my trial was unlawfully revoked.

The Sixth Amendment also guarantees the right to “competent, effective counsel.” All Ziemba ever did for me throughout this entire case was re-file a 2500+ cases between January 2008 – June 2009. Guess maybe that is why he failed to show up for my arraignment or answer any of my phone calls while I was in jail.

The final claim I will present here is the blatant lying and fabrication of evidence by prosecutor Lynn Krabbe, a Fourteenth Amendment violation. First, Krabbe conjured up a “prior criminal history” for me, saying I had been arrested and convicted of fraud for a crime that happened in 2004. I apparently committed this crime in Arizona, even though I was living in Iowa at the time and hadn’t been in Arizona since 1999.

Krabbe then said /files/111943-104535/EX14_Police_Report_Victim.pdf”>says there was only one alleged victim.

And now, all I can do is wait. But I must say I’ve lost virtually all faith in what is supposed to be “the law” and the U.S. Constitution. I will already have served the sentence (probation) as a result of this persecution, even if the appeals courts reverse. Sure it will make for more claims on my already filed and pending civil suits, but I cannot get back these lost years of life. From July 22-September 17, 2008, I was in a Maricopa County Jail. Since then, I briefly lived in my own apartment until eviction (because I cannot get employment); and have since lived in my car, under bridges, in the ASU libraries, and on several people’s couches. I was supposed to graduate from Arizona State in December 2008 with my bachelor’s in journalism and history…that seems like so long ago.

As I’ve told several friends, I will first give this alleged “justice system” a chance to fix itself. By this time next year, either the law will have worked like it is supposed to, or I will have to completely re-evaluate my life, humanity, and the evils of this country, especially in Arizona. Even before all this, I had planned on going to law school after graduating from ASU,
and now have even more motivation and desire to do so, in order to help others who are going through the same thing. But if the law is the charade I’ve seen that only works for the rich, there is no use in this.

Ultimately, I can only blame myself for all this because I allowed a troubled neighbor who was a crackhead into my life. Before all this, I used to try and extract the inevitable good I used to believe was in all people. But the sad truth is that evil is a real and formidable reality, be it from government or regular people.

I’ll continue to write about others similarly situated and police state policies here in our country at least until the end of next year. After that, it’s no longer in my hands.

RELATED ARTICLES:

Anant Kumar Tripati, Maricopa County Race-Based Justice, and My Situation (10/15/2009)

Maricopa County Thug Cop Adam Stoddard Steals Attorney’s Files (10/20/2009)

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