Sunday, October 23, 2011

Current Status Of The Case, An October 20 Deadline For Filing My Appeal

To My Friends, Supporters and Other
Interested Folks Who Visit The Blog


(Please note that on 10/21/2011 Michael's attorney was granted a 30 day extension of time. This article was written three weeks prior to that.)

My dear 98 year old Dad wrote and said it is not yet clear what the status of my
case is, and what the probabilities of me getting out are. I felt I had clarified
that in recent writings, but I want to be certain that I’ve done a good job on
that complex situation, so I’ll address this again.

In short, I’m 100% confident that I’ll be released and be completely exonerated. A court will eventually rule that I was intentionally framed via one of, if not
the largest, fraud in California’s judicial system in decades. Perhaps I should say
I’m only 99% confidant of success because of the vagaries of the court system, and that my sworn enemy Colleen Campbell has both so much juice in the criminal justice system, and so much to lose when I’m released. That is because I will expose many multi-million dollar felony crimes by her attorneys, two of whom were trial witnesses against me, and her.

Let me address the reduction to the 99% confidence of prevailing rather than 100%. Although I’ll submit to that, I don’ t really believe it. Knowing my case like I do, and the law, it is simply impossible for me to believe that every one of the eight courts we will have an opportunity to present my direct appeal and/or habeas corpus petition to will fail to enforce the law on every one of my now over 100 (yes, one hundred plus) powerful trial errors and defenses. Any one of these should cause reversal.

Those eight courts are the steps as we go to higher courts, if we lose at the next
lower court. Please recall that we have never yet been able to present my appeal
to any court.
All of the filings I’ve apprised you of, by myself or my lawyer, were
merely trying to get our “trial record”, that has been ostensibly “lost” for over
4½ years (crucial parts of it). They just “found” these lost parts on 9/20/11.

We were not able to file the direct appeal until we had those records. We now have a deadline to file our AOB (Appellant's Opening Brief) on October 20, years over-due. Indications are strong that was an intentional delay. Our trial judge used to work for the lead prosecutor in my trial. She was blatantly biased against the defense.

I don't know whether my state appointed lawyer will file on time, although I doubt the appeal court will give her many, if any, continuances since they were so upset when learning of the delay by me bringing it to their attention. I’m torn as to whether I want her to file by 10/20 or not. First I really want to get this going. However the flip side of that coin is that for the motion-to-dismiss I’ve been advising that I will be filing, has a far better probability of sending me home now, before Christmas, based on law; if it gets filed before the appeal gets filed.

The problem with that is that I was initially delayed by the guards taking
my boxes of legal records that I needed to file. Now that I’ve gotten that settled and I’m ready with the information/evidence, I’m short $300 to pay the person who I need to finalize this very complex pleading.

The reason the motion-to-dismiss is so desirable is that the direct appeal has
statutory briefing schedules for state answers and our reply. That means that the
earliest my appeal could be decided is realistically summer 2012. The motion-to-
dismiss is much quicker, with a decision that should have me home by Christmas.

Before I go into listing the procedures and the eight courts we can present to, let me address a couple of key facts. I cannot give you all or even most of our defenses on the blog (that will be also read by the prosecution). However, if you will read first my writing on the unlawful conspiracy jury instruction, that is one of our dozen-most powerful defenses. That alone should automatically reverse my conviction. Then read the JACKSON & DIXON LIES TO THE JUDGE and JURY, particularly Exhibit D. Those are outright frauds on the court by the DDAS (Deputy District Attorneys).

Then read the 20 perjuries I’ve detailed with evidence by “the #1 source of case
information", Colleen Campbell’s lawyer, Dolores Cordell. Although these combined are not 10% of our rock-solid defenses, and do not include any of the top six defenses, any one of them should reverse the conviction. Recall that controlling law that has been scanned onto the blog rules that perjury causes automatic reversal. Evidence proves over 70 (seventy+) material perjuries at just the Los Angeles proceeding.

Now, here are the eight courts we have available to present these defense to. In
most cases there is also a procedure called a “Request for Reconsideration” at each level. Although not often granted, that gives us more than a dozen “bites at the apple” to have justice prevail. I assure you that Campbell’s culture of corruption-juice does not reach up through all of the courts.

1. The Second District Appellate, State Court. Due 10/20/11.
If we lose there, we go to:

2. The California Supreme Court. That is the end of the line for the direct appeal.

And, that is not all bad since our hands are really tied on the direct appeal. It
is limited to issues/evidence which is on-the-record (0TR), things that came up
at trial. Thus most of the 70+ perjuries, the 250+ instances of the District
Attorney hiding evidence that would have helped me, and much more, all identified since trial, cannot generally be brought into the direct appeal. For this reason, and that my State appointed lawyer may not be paid enough to really dig into the details of the case, I only give us a 50% probability of prevailing on the direct.

There are sufficient issues/errors and facts for us to win, but my appeal lawyer is
of the mindset that “they have no evidence, we don’t need to worry about the
details", (she just wrote me this). So, I’ll forecast just a 50% probability. My
appeal lawyer’s comment is chilling. It echoes eerily what my State appointed
trial lawyer told John Bradley and me when she refused to put on the many pieces of evidence which we had and would have destroyed the District Attorney's case.

3. Then we do our habeas corpus petition (habeas), on which I will use someone else besides my State lawyer, and all the frauds, perjuries, fabrication of evidence, witness threats, false police reports, lies by the prosecutors and investigators get to come in. We will prevail on this one. The six additional opportunities are:

A) The Superior Court, the original trial court.
B) Again the 2nd District.

C) Again the Calif. Supreme Court.

Now the Feds:

D) The Central Federal District.
E) The Ninth Circuit Court of Appeals.
F) The United States Supreme Court.

As we go higher the courts "accept for review” fewer cases, but the Judges are
generally better legal scholars and the chances are less of inappropriate influence. 37% of murder convictions across the U.S., in a recent 20 year period, were reversed or remanded back to a lower court for rehearings, primarily for State misconduct.

Dozens of Constitutional denials of due process guarantee we will prevail!

God Bless You All,
Thank You for Your Support

Michael Goodwin