Federal Habeas Corpus Denied; Must Exhaust “Rule 32” Proceedings

by Brian A. Wilkins
6/9/2009 (links and photo updated November 3, 2018)

Though I argued in the federal habeas corpus (28 U.S.C. Sec. 2254) petition that exhaustion of Rule 32 proceedings will likely further violate my civil rights irreparably, the federal judge saw it differently today, dismissing the petition until Rule 32 (Post-Conviction Relief) is sought in Maricopa County Superior Court. I will have the opportunity to appeal with the Ninth Circuit once this “Rule 32” stuff is exhausted, or I can also appeal the district court judge’s decision not to accept the petition immediately with the Ninth Circuit. But I must give the three federal judges (one magistrate) credit that I have dealt with in filing federal lawsuits, in that they are very thorough and very “constitutional” in their explanations for their decisions.

For those of you unfamiliar with federal habeas corpus, here is how the law is written:

(a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.
(1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that—

(A) the applicant has exhausted the remedies available in the courts of the State; or
( B )
(i) there is an absence of available State corrective process; or
(ii) circumstances exist that render such process ineffective to protect the rights of the applicant.  
(2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the State.

Yes, being “on probation” counts as being “in custody” for habeas corpus purposes. My section ( B )(ii) claim was apparently not good enough to bypass this “Rule 32” stuff, even though Maricopa County probation supervisor John Wertsching threatened to send me “to prison” because I told him I would appeal and because I LEGALLY recorded the entire conversation on March 30, 2009. Wertsching then illegally seized my tape recording device and deleted the evidence.

John Wertsching works at the Maricopa
County Superior Court Southeast Division
as a Probation/Pre-Trial Supervisor.

He then hugged the secretary of Judge Theresa Sanders (seemingly in a lame attempt to hit on her), the sentencing judge, while trying to convince her to sign an order to “send him to prison.” Wertsching is obviously comfortable in violating people’s constitutional rights, as he’s been working for Maricopa County for 23 years now, and knows how to get away with breaking the law. This issue has been raised in the “Rule 32” petition, but living through that moment made me think I was in a third-world country courthouse as opposed to a U.S. state.

Now I am once again forced to endure the Confederate principles of this Maricopa County system. At the very earliest, a hearing for these “Rule 32” claims will not happen until September 8, based on all the deadlines for “Rule 32” proceedings. Meanwhile, the City of Tempe, it’s police chief, and 3 cops were served summonses by a U.S. Marshal last month after I filed a federal civil rights claim against them.

It’s just plain sickening how rogue cops, prosecutors, judges, and public defenders can completely ruin your life in a matter of seconds without regard to how many constitutional and/or criminal laws they violate in the process. They can just hide behind quasi-judicial immunity and qualified immunity, and not be held liable for anything they do. As inbred Lasalle Parish (Louisiana) prosecutor Reed Walters told all the “black” students at Jena High School: “I can ruin your life with a stroke of a pen.” And IF (and that’s a BIG IF) you can fix your life, it takes years.

I now realize why U.S. Senator Jon Kyl, R-Arizona, introduced legislation called the Streamlined Procedures Act of 2005 (which went nowhere by the way) that would have virtually eliminated American citizens’ federal habeas corpus rights. Confederate states fought the Civil War because they did not want Washington D.C. or any other federal entity interfering with their little “nigger toy games.” They want their justice systems to be as corrupt and “joyful” for them as they choose without any federal oversight.

Many Confederites, Republicans, and cops have no other way to feel good about themselves besides thinking they can control the lives of “blacks” and other Americans subject to this modern day bondage system. There is good reason why the Civil Rights Act of 1871 (which is now codified in Title 42 of U.S. law) was also known as the “Ku Klux Klan Act.” As I wrote in my habeas corpus petition, by citing the 1972 Mitchum vs. Foster U.S. Supreme Court decision, “Proponents of the legislation noted that state courts were being used to harass and injure individuals, either because the state courts were powerless to stop deprivations or were in league with those who were bent upon abrogation of federally protected rights.”

I’ll likely be dead by 2010, but I’ll die with a sense of pride in that I did not simply let inbred Euros destroy my life without fighting back in every LEGAL way possible. Confederites knew I was on my way to attending law school and stopped me before I could interfere and hopefully completely halt their little games. I could start doing things Nat Turner style, but it hasn’t gotten to that point yet. And that also, is a BIG YET.

RELATED: John Wertsching: Maricopa County Employee Bashes Arpaio on Twitter, Blog (April 20, 2013)

2 thoughts on “Federal Habeas Corpus Denied; Must Exhaust “Rule 32” Proceedings

  1. Ginger

    I am glad there is someone else who is willing to go against the powers that be!! Thank you for your website and info.

  2. Lara Peterson

    This story is clearly missing any of the important facts. In order to in probation the writer commited a crime. What was the crime? Like most criminals blame everyone else but yourself. The only thing that is clear is that the writer is not mentally stable and does not understand the legal system.


    Though this comment will be allowed to be posted, the other posted by this same commenter which claims “Wilkins has a long criminal record in Maricopa County” has been deleted because of its deliberate falsehood. Below is a link to the Maricopa County Superior Court public records site.


    You may search “Brian Wilkins” (middle name: Allen) and find the one case he will fight to the finish. But let the games begin. We figured Maricopa County and Tempe Police plants in our website would have come long ago. You are the first one brave enough to write a public comment instead of a threatening, anonymous email. If you want the “important facts,” click on the “55 Days in Maricopa…” link. Thank for visiting and commenting. We look forward to your further participation.

    Operation Nation Administration


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