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

By | September 24, 2009

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.

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

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.

RELATED: Corruption runs deep in Maricopa County as lawsuit continues

3 thoughts on “Wilkins v. Donahoe: Petition for Special Action in the Arizona Court of Appeals

  1. Paul Robinson

    Brian: Me and my girlfriend come to your site very often. We love reading your posts. Thank you and good luck with everything!

  2. adlain

    I’m shocked, not only because of the injustice that is brought to you but the injustice i encountered this evening surfing the web and eventually i stranded on your site or blog. i’ve also noticed that it is very easy to not know that injustice is happening around us because i was primarily looking around for some laughs. I could easily stayed on that path. I feel depressed lately (recent information streams are not up to my moral standards as a living being). So, the dilemma is : should i ignore all that’s bad and go on pursuing a happy joy-full life or could i be alert and give support (which somehow i hope do now) without hurting my soul (which could paralyze me and renders me incompetent to reach a helping hand because i would need help at that moment). Anyway, i have a lot of respect for your righteous battle and i do hope you would endure the same effort for your neighbor if necessary and possible. I’m doing the best i can to create some stamina to fight against injustice, but for now, greetings from europe, belgium

  3. Tammy Doud

    My grandchildren were systematically kidnapped by CPS claiming they had a court order to remove the children from my home after my live-incompanion and I had been approved for placement of my grandchildren. Then we were both arrested and held on a $250,000.00 bond for 3 weeks and were indicted with a fraudulent indictment where the officer testified to the Grand Jury that CPS had a Court Order to remove the children which they did not. Then CPS filed a Petition for Dependency against my daughter and the Court failed to allow me to be made a party even though all the allegations within the Petition were against me not my daughter. I have never been afforded an opportunity to address the allegations against me and because I was fighting a class 2 felony and looking at a minimum of 35 years was unable to be considered placement for 9 months. It took that long to figure out that they had lied and claimed they had a court order because they refused to provide me with any paperwork in the Dependency because it was against my daughter not me allegedly. Any way it has been 2 and 1/2 years and I filed a Motion to Set Aside the adoption in October and the court violated rule 85 of Ariz. Juv. Ct. Rules of Proc. by failing to provide me an Evidentiary Hearing within 45 days of the Initial Hearing it took 105 days after ADES Objected then agreed then filed a Motion to Dismiss and failed to provide me a copy then they tried to pull a fast one and agree to the Evidentiary Hearing and tried to get the Court to change a Hearing for Oral Arguments to the Evidentiary Hearing and then failed to provide me a copy of this Response luckily because I continued to inform the Court that I never relieved a copy of their alleged Objection (which turned out to be a response not an Objection that the court postponed scheduling the Evidentiary Hearing for) and I Objected to their Objection and Motioned to Strike it I finally got the Court to Schedule the Evidentiary Hearing. However when we finally made it to the Evidentiary Hearing after I subpoenaed my witnesses and had all my documents ready to be admitted as evidence they Court Dismissed my motion to set aside the adoption and vacated the Evidentiary Hearing that I had waited for 105 days to have. Now I am in the Appeal Courts and am planing on Filing a Petition for Special Action. If there is any way at all that I might get my story into the media that would be great. I to live in Arizona and this all happened in La Paz County the Case Specialist involved in this matter is the Ex-County Attorney’s wife and her Husband and my live-incompanion had a legal battle that lasted about 3 years and at one point mycompanion took out a full page add in the local paper at that time it was the Sun Times against the County Attorney 2 days before election day unfortunately he won but during the 3 year battle mycompanion was arrested and charged approximately 13 times and all were dismissed.Then his wifecomes and kidnaps my grandchi


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