Posts Tagged ‘framing’

Are Allegations of Misconduct Reviewable on Appeal?

March 27, 2008

Judge Donald L. Graham
judgegraham.jpg

A US Circuit Judge On the Potential Dangers of Unpublished Opinions

“If, for example, a precedent is cited, and the other side then offers a distinction, and the judges on the panel cannot think of a good answer to the distinction, but nevertheless, for some extraneous reason, wish to reject it, they can easily do so through the device of an abbreviated, unpublished opinion, and no one will ever be the wiser. (I don’t say that judges are actually doing this–only that the temptation exists.) Or if, after hearing argument, a judge in conference thinks that a certain decision should be reached, but also believes that the decision is hard to justify under the law, he or she can achieve the result, assuming agreement by the other members of the panel, by deciding the case in an unpublished opinion and sweeping the difficulties under the rug. Again, I’m not saying that this has ever occurred in any particular case, but a system that encourages this sort of behavior, or is at least open to it, has to be subject to question in any world in which judges are human beings.” 1 J. App. Prac. & Process 219 (1999). UNPUBLISHED OPINIONS: A COMMENT, Richard S. Arnold, Copyright © 1999 University of Arkansas – Little Rock School of Law ; Richard S. Arnold

The Meaningless Appeal

Marcellus Mason filed appellate briefs with the Eleventh Circuit, U.S. Court of Appeals, in two separate cases, 01-13364 and 01-15754, accusing U.S. Dist. Judge Donald L. Graham of the following misconduct and mismanagement:

  • Lying and intentionally misrepresenting the law.
  • Refusing to rule on a motion for a preliminary injunction that had been pending for about 19 months.
  • Usurping legal authority by allowing a Federal Magistrate Judge, Frank Lynch Jr., to render an injunction in clear violation of law and 28 U.S.C. § 636 (b)(1)(A) which clearly states:
    Notwithstanding any provision of law to the contrary-(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court except a motion for injunction relief,…”
  • Usurping legal authority by allowing a Federal Magistrate Judge, Frank Lynch Jr., to render an injunction to prohibit lawful and protected out of court communication between a citizen and his government.
  • Usurping legal authority by allowing a Federal Magistrate Judge, Frank Lynch Jr., to render an injunction placing restrictions on how public records are accessed under the Florida Public Records Act that the State of Florida does not allow. Judge Graham has refused to state where a federal judge gets the legal authority to administer public records under the Florida Public Records Act.
  • Allowing scores of significant pre-trial motions to go undecided for months without taking any action.
  • Involved in possible criminal behavior by issuing a void sua sponte pre-filing injunction or vexatious litigant injunction which ultimately formed the basis of a criminal contempt complaint and conviction. See Framing An Innocent Person.

In an unpublished opinion, [Case No. 01-13664] the Eleventh Circuit, Judges Stanley F. Birch, Jr., Susan H. Black, and Stanley Marcus have expressly stated that allegations of judicial misconduct are not reviewable on appeal. Theses allegations were not tested for veracity they were simply ignored. Specifically, in the opinion rendered on October 16, 2002, Judges Stanley F. Birch, Jr., Susan H. Black, and Stanley Marcus asserted:

“Mason also raises issues that relate to non-sanction matters, e.g., .. the denial of his motions to disqualify the district court and magistrate judges…”

See Opinion, page 10. This is the sum total of appellate review as to whether Judge Donald L. Graham should have been disqualified due to misconduct. There is absolutely no discussion as to whether the allegations of misconduct are true or not.

Similarly, a petition for mandamus [Case No. 01-15754] was submitted to the Eleventh Circuit on or about October 2, 2001. This petition accused Judge Graham of misconduct. The Eleventh Circuit, Judges Rosemary Barkett, Jr., Susan H. Black, and Stanley Marcus, simply ignored the allegations of misconduct by stating only the following in a one sentence unpublished “opinion” :

The ” petition for writ of mandamus and petition for writ of prohibition” is DENIED.

mmason.freeshell.org/15754/mandamus_denied.pdf .

mandamus


References
Case No. 01-13664 Appellant’s Brief

Case No. 01-15754 Mandamus Petition

Judge Donald L. Graham and US Attorney R. Alexander Acosta Frame Innocent Man

March 26, 2008

FRAMING AN INNOCENT PERSON AND OTHER CRIMINALITY AND MISCONDUCT

One of the most serious allegations is that Judge Donald L. Graham framed a man with the help of the U.S. Attorney. This is a quick read less than five minutes. See

http://mmason.freeshell.org/framed.htm#quick
. This page documents how U.S. Judge Donald L. Graham used US Attorney R. Alexander Acosta, AUSA Theodore Cooperstein, and AUSA Robert Waters U.S. Judge Donald L. Graham to frame an innocent by concocting a criminal misdemeanor. This story is incredible in that these people took a clearly void sua sponte issued pre-filing injunction or vexatious litigant injunction and made it the basis of criminal contempt complaint. Even more incredible is that the Eleventh Circuit has absolutely refused to review this sua sponte issued pre-filing injunction on multiple occasions. See http://mmason.freeshell.org/framed.htm#appellate_review

The misconduct is really a two part story consisting of Judge Graham’s misconduct and his colleagues efforts to conceal it. One of the problems I have had is not documenting these allegations, but organizing them. I have a massive amount of information on a website. mmason.freeshell.org.

I have a page called Core Allegations of Misconduct at : http://mmason.freeshell.org/CoreAllegations.htm .
This page contains links that document the following:

  • Judge Graham lied and intentionally misrepresented the law.
  • Judge Graham and his Magistrate usurped legal authority by allowing a Magistrate to issue an injunction which is prohibited under 28 U.S.C. 636(b)(1)(a) and ordering Mason not to communicate with his government, Highlands County Board of County Communications.
  • Judge Graham refused to rule on a motion for a preliminary injunction by Marcellus Mason that had been pending for more than 17 months. As a matter of fact, the Eleventh Circuit refused to make Judge Graham ruled on the motion by denying mandamus even after the motion had been pending for about 15 months.
  • Judge Graham allowed scores of other important motions to simply linger without addressing them.
  • Judge Graham abused the criminal contempt procedure by taking a void sua sponte issued pre-filing injunction and making it the basis of a criminal contempt information.
  • Judge Graham used the criminal contempt process to force the withdrawal of a lawsuit.
  • Judge Graham awarded a massive $200,000 in attorney’s fees to Highlands County against an indigent plaintiff, Marcellus Mason, not on the quality of the underlying lawsuit, but based upon Judge Graham’s speculation about Mason’s motive.
  • Judge Graham has repeatedly improperly denied access to the courts by arbitrarily denying in forma pauperis, “IFP”, petitions. As a consequence, Judge Graham has necessarily arrogated his authority by denying appellate review of his lawless decisions.
  • Judge Graham falsely completed a Civil Justice Reform Act Report, “CJRA” in order to conceal the fact the fact that he had a motion for a preliminary injunction pending for more than 17 months.

ELEVENTH CIRCUIT, U.S. COURT OF APPEAL
The Eleventh Circuit has used every trick in the book to avoid scrutinizing the behavior of Judge Graham. It has been unwilling to test these allegations.
The Eleventh Circuit, U.S. Court of Appeal, has refused to test these allegations of misconduct for veracity, much less remedy them. This is really an incredible story of dishonesty. The methods employed by the Eleventh Circuit to circumvent legitimate appellate review are many and seem to be only limited by the Eleventh Circuit’s imagination. See mmason.freeshell.org/methods.htm.

Additionally, the Eleventh Circuit, primarily Chief Judge J.L. Edmondson, has mocked and contorted the Judicial Misconduct Act by refusing to investigate these allegations of misconduct against Judge Graham even though he knows full well that the appellate process has refused to address these allegations of misconduct. See Judicial Misconduct Home Page.