Ninth Circuit Court To Decide Monday On Richard I Fine’s Right To Appeal In Contempt Case
Los Angeles, CA The Full Disclosure Network is releasing an eight minute telephone interview with prominent former Anti-Trust attorney Richard I Fine featuring his reaction to the news that a two-judge panel of the Ninth Circuit Court of Appeals will consider his request for a Certificate of Appealability on Monday, August 10, 2009 in San Francisco.
Read report, transcript & hear audio:
CIVIL CONTEMPT OF COURT
Ninth Circuit Judges Andrew J. Kleinfeld and Milan Smith will decide on Monday whether to approve or deny Fine’s request to issue a Certificate of Appealability . Without such an action Fine would be unable to appeal the U.S. Central District Court action that denied his Writ of Habeas Corpus request for immediate release from jail. Fine was sentenced indefinitely for civil contempt of Court, for an undetermined period of time, without a trial, bail or date set for hearing or release. The sentence was imposed by Superior Court Judge David Yaffe after Fine had attempted to disqualify the Judge on the basis he had received illegal payments from a party involved in the case before him.
NINTH CIRCUIT PROCEDURE
According to David Madden, Assistant Executive for Court Information at the Ninth Circuit Court of Appeals, the Certificate requires approval from only one Judge and considerations are not conducted in public. If the panel should issue the Certificate of Appealability, Fine’s Emergency Motion would then move on to a “briefing” stage or, if denied, Fine could then request a “Reconsideration”. No matter what happens, time and options are running out for Mr. Fine who has been held in the L.A. County Central Men’s Jail, in solitary coercive confinement, for over five months. Strangely, no opposition to his Writ of Habeas Corpus was filed by the Respondent L A County Sheriff Lee Baca, in the case No. 09-56073 Richard I.Fine vs Sheriff of Los Angeles County.
To Read the full report with audio and transcript go to http://www.fulldisclosure.net/news/2009/08/breaking-news-on-richard-i-fine-ninth.html
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