Thursday, June 4, 2009

Writs of Error Coram Nobis and Implied Rights to Honest Services - Att Ricahrd I Fine on Full Disclosure Network

Some nuggets...

Here are two quotes from a transcript of an interview of Att Richard I Fine with Leslie Dutton of Full Disclosure Network:

[T]hey violated ... what is called the implied or intangible right to honest services, and that's 18 United States Code, Section 1346, because ... when a judge takes money from an individual or even a government and then does not disclose it, he violates that particular code section.

-- Attorney Richard I. Fine




Every case in which one of these judges has ruled against you, as an individual, or you had a problem with the County, can now actually be overturned, because of the fact that they've legislated this immunity and they've given them the immunity for this bad act or for this illegal act. We have what is known as a writ of coram nobis*. And the writ of coram nobis says that if there's a new fact that has come in to show that what's happened with the case, you can now come in and say, "Look, I want my case overruled and I want my case redone." So that is a side effect of this legislation. For every person that had a case that went bad under one of these judges, come in on the writ of quorum nobis and ask to have the case re-heard. That's one of the things that can take place.

RICHARD FINE: That is a case that involved the County. Now, to give you an idea of how wide that can be, that can deal with eminent domain, that could deal with any kind of a homeowner case, that could deal with child custody cases. If a county was involved in any type of a custody case or any type of a case with children or children's services, and the County paid the Children's Services Department or if the County gets involved with support payments, or if the County gets involved in a divorce case and suddenly the County's brought in as part of the child custody with respect to an evaluation or something and the judge is following that, you can get that case overturned because the judge could be biased in looking at what the County did in deciding the custody situation. So you have all of these cases that can go in and get overturned at this particular point in time.

-- Attorney Richard I. Fine


* More often cited as "writ of error coram nobis" (error in our presence).

More:
May 5, 2009; Full Disclosure Network
http://www.fulldisclosure.net/Programs/539.php'
March 3, 2009 interview of attorney Richard I. Fine by Leslie Dutton of Full Disclosure Network, posted March 8, 2009
Video "Coercive Confinement; Judicial Benefits and Court Corruption," Full Disclosure Network, May 5, 2009

Additional notes and commentary:

Adapted and reprinted for a non-profit educational purpose.

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