Writ of Certiorari

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Nestor
Posts: 91
Joined: Mon Jan 17, 2011 10:14 am America/Denver

Writ of Certiorari

Post by Nestor »

In view of the fact that the Court may (?) publish tomorrow their decision in regard to the petion for a Writ of Certiorari, by Bob and Gailon, I thought it might be of interest to post the basic underlying rationale the the Court considers when they decide whether or not to issue a Writ:

NOTE: While some may think the decision may be posted tomorrow (October 24) no one can say for certain that it will be posted tomorrow or even that a decision has been made.

PART III. JURISDICTION ON WRIT OF CERTIORARI

Rule 10. Considerations Governing Review on Certiorari
Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons. The following, although neither controlling nor fully measuring the Court’s discretion, indicate the character of the reasons the Court considers:

(a) a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important matter; has decided an important federal question in a way that conflicts with a decision by a state court of last resort; or has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by a lower court, as to call for an exercise of this Court’s supervisory power;

(b) a state court of last resort has decided an important federal question in a way that conflicts with the decision of another state court of last resort or of a United States court of appeals;

(c) a state court or a United States court of appeals has decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court.
A petition for a writ of certiorari is rarely granted when the asserted error consists of erroneous factual findings or the misapplication of a properly stated rule of law.

Rule 11. Certiorari to a United States Court of Appeals Before Judgment
A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).
Nestor
Posts: 91
Joined: Mon Jan 17, 2011 10:14 am America/Denver

Re: Writ of Certiorari

Post by Nestor »

Well, the Court published nothing todaly. Why? I do not know.
Nestor
Posts: 91
Joined: Mon Jan 17, 2011 10:14 am America/Denver

Re: Writ of Certiorari

Post by Nestor »

Today the United States Supreme Court denied the petition for the Writ of Certiorari.
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Lilly
Posts: 82
Joined: Tue Jun 15, 2010 4:32 pm America/Denver

Re: Writ of Certiorari

Post by Lilly »

Good. The Lord has answered our prayers. Thank you for letting us know Nestor.
uncovering truth
Posts: 47
Joined: Thu Apr 22, 2010 6:12 pm America/Denver
Location: Crookston, MN

Re: Writ of Certiorari

Post by uncovering truth »

*Yawn*

No surprise there. Alex's case getting thrown out of Federal court is next on the docket.
Truth
Posts: 149
Joined: Fri Sep 25, 2009 11:09 am America/Denver

Re: Writ of Certiorari

Post by Truth »

Here's your laugh of the week:

Those on AT think Pickle should TEACH LAW!! :o

So they base this statement on what? Thin air? Pickle has LOST every court case against 3ABN. What has he won? Nothing. And they think he should be teaching law to law students? Pickle just lost his last effort with SCOTUS - and they think he should "teach" law?

I'm nearly speechless! Pickle is no lawyer and neither is Joy. They have lost every court case. Just because they have been dealing with trying to win--YET THEY HAVE NOT WON ANYTHING. Does any of these FACTS penetrate the brains of Pickle's followers at all? Duh..... :roll:
Mercy
Posts: 21
Joined: Sun May 17, 2009 9:37 am America/Denver

Re: Writ of Certiorari

Post by Mercy »

I agree. A 5 year old child could have went to court and lost for the last 6 years...so why on earth would anyone think Pickle knows anything about law?
Mercy
Posts: 21
Joined: Sun May 17, 2009 9:37 am America/Denver

Re: Writ of Certiorari

Post by Mercy »

Have you read the Pickle statements on Danny Shelton for President. What's interesting is that all along he has claimed that all the personal attacks against DS are warranted and just part of discovery for the law suit. Yet the big lawsuit they took all the way to the supreme court is done and over...nothing can change the fact that all along DS, 3ABN and their attorneys said that Pickle and Joy were absolutely crazy to think they could win their suit trying to get the stoppage dismissed.

Pickle should be exposed now more than ever that he is all about gossip and ugly talk.

Pickle should be exposed for being the sore loser that he is and that all of these attacks are by a sick stubborn individual who has a great amount of hatred for DS and 3ABN but tries to hide behind religious garbs!

He acts like he has destroyed DS's reputation and credibility, when IN FACT it is he who has lost all credibility by his hateful actions. AT talked about if you role a stone it will roll back on you...well guess what...Pickle and Joy have been squashed...not DS or 3abn.

They could be asked....How is it that DS and 3ABN continue to grow and that nearly 8 yrs after the divorce that people including church leadership all the way to the GC President support DS and 3ABN. In fact, none of the church people they first approached with all their lies support them now....Who's credibility has really been hurt the most?

Fact is all the judges, and courts up to the Supreme Court (how ridiculous they went that far) saw from the beginning that these 2 guys were ate up with arrogance and a vengeance that had nothing to do with legalities. Let's dwell on one important point. IF there were anything to any of their accusations wouldn't some judge at some point, through 6 years of legal battles, have seen it? Just one? They have said they have all this evidence blah blah and all they ever had was he said, she said, or should I say, he lied, she lied. They would write down what someone told them and that was their "evidence". Sorry boys. The courts never gave any of it any merit and it's over. Move on!
Truth
Posts: 149
Joined: Fri Sep 25, 2009 11:09 am America/Denver

Re: Writ of Certiorari

Post by Truth »

"Oh well. Jesus was convicted in several courts of law and sentenced to death for crimes against God and Man. Joseph was convicted and sent to prison. Paul and pretty much all the apostles were convicted and sentenced to death in courts of law. The forefathers of televangelists were the popes of Rome and the Leaders of the inquisition. Enjoy, our religious S&M friends! o_O" (Quoted from AT)

And who were Jesus' enemies? Who dogged Him at every step? Who tried to stop the good work He was doing? Who burned with jealosy of Him? Who turned Him in to be put on a cross? Who ran home while he was suffering and dying on the Cross to keep the Sabbath like good hypocrites? His fellow church members. Read Zachariah 13:6.

As it is today. Who are 3ABN's worst enemies? People who call themselves SDA's. People who proclaim they love 3ABN. Judas-traitors.

Yah, Pickle and Mundall, like Mercy said, MOVE ON.
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