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 law(and other reasons), I filed a Petition For Special Action in the Arizona Court Of Appeals on September 14 (read full text of the petition here). Generally, based on all the Special Actions filed in the Court of Appeals, most are dismissed within 24 hours because the Court declines to accept jurisdiction.
As of today, the Court has not dismissed my special action. But based on history and all the State of Arizona’s complete and total commitment to complete my “niggerization,” I will always think the worst.
Meanwhile, the State of Arizona, via Deputy Maricopa County Attorney Lisa Marie Martin, filed a response on September 22. Martin basically re-hashes everything I say in the petition pertaining to Judge Donahoe’s abuses of discretion, but re-words it to try and pass off a completely incompetent argument as a reason for the Appeals Court not to accept jurisdiction. To sum up the whole comic book response, the last two sentences in Martin’s diatribe reads as follows:
“It was the defendant who did not have the COURTESY to inform the trial court that he wished to proceed without transcripts. He has provided no basis for special action jurisdiction, let alone relief.”
Not only does the record prove the falsity of the first sentence, but the State of Arizona’s argument for the Appeals Court not to accept jurisdiction is that I was not “COURTEOUS” to them…..??
If the court does not dismiss this special action, a hearing is scheduled for Wednesday afternoon, October 7. The Court of Appeals will decide in the next few days whether to hear oral arguments from myself and the State that day, or decide the case in a conference of appeals judges that day.
To update the City of Tempe lawsuit, nothing has happened since I filed a Motion for Entry of Default against Tempe on September 4, as they failed to answer the amended complaint. In the lawsuit vs. Maricopa County and Sheriff Joe Arpaio (who have separate lawyers) both filed motions to dismiss on September 14 and September 21, respectively. I filed a motion for an extension of time to respond until after the Special Action is heard, as the claims against Maricopa County will DRASTICALLY change based on the outcome.