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November 25, 2009

Ohio news about execution efforts past and execution efforts future

Getting into a Christmas Carol spirit, the AP provides these new stories from Ohio about execution efforts past and execution efforts future:

While the first of these stories is mostly of historical interest, the second story all but ensures a lot of additional legal wrangling as Ohio starts to prepare to carry out a December 8 scheduled execution using its new one-drug lethal injection protocol.  Here are the details:

A federal court has ruled that an execution set for Dec. 8 can go forward because of a change in Ohio's execution policies.  The 6th U.S. Circuit Court of Appeals in Cincinnati said Wednesday that the change renders moot Kenneth Biros' argument that the state's former policy using a three-drug vein injection is unconstitutional....

Biros attorney Tim Sweeney says he will consider appealing Wednesday's decision, as well as a challenge to Ohio's new execution protocol.

November 25, 2009 at 06:15 PM | Permalink

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November 26, 2009

Subject: TONYA WYCHE, The Evil Grinch who stole away the Justice from me...!!

To: Every citizen who is seeking justice from the courts.

The very essence of liberty certainly consists in the right of every individual to claim protection of laws and seek redress from the courts. When the courts become corrupted, the road to tyranny becomes more accessible. There are many examples of cases in which the court clerks have demonstrated a pattern of proclivity and kowtowing towards the prosecutors.

In my case, the evil Grinch in the Third Circuit Court of appeals sits as a case manager by the name of Tonya Wyche. Ms. Wyche refuses to docket and file my pleadings and motions to my cases. I sent a motion for dismissal of the indictment based on an congressional amendment of the federal law, which proves that the conduct charged in my indictment was never considered as a crime by the congress. I sent repeated requests to her for her explanation as to why my motion is not filed, but my inquiries were never responded. I tried to call her on numerous occasions, but she refused to take my calls. When I tried to file my motion electronically, Ms. Wyche conveniently cancelled my registration as an Electronic Document filer to the courts. Ms. Wyche also refuses to issue an scheduling order in my criminal appeals despite the appellate case file in her office since past TWO YEARS!!.

Ms. Wyche has hermetically closed the court doors for me and is preventing me to seek justice from the Court of Appeals.

Her actions and conduct is not because of incompetence, but rather because malice aforethought. This curtailment of right to access the courts makes it more difficult to seek redress and easier to prolong oppressive incarceration of innocent persons. In so far as the court clerks violate the rights recognized by the founding fathers codified in the constitution, their conduct is illegitimate. May be that these clerks have their own customized version of the constitution. But, when court clerks scorn their oath to uphold the constitution, they transform themselves into predator class, and justice is lost leading to arcane, arbitrary and secretive procedures with flagrant erosion of justice.

These type of clerks scorn their own mandatory duty by deciding the case and showing actual bias against the defendants for personal careerist reasons - promotion, retirement, post-retirement opportunity. Their power have given them a hubris, arrogance, and sense of invulnerability that has eroded the effective administration of the judiciary system. Rouge clerks do not have horns or tails; if they did, they would be easier to identify. The complaint proceedings against these corrupt clerks are a farce as no action is taken against these dissolute and venal clerks.

I am not writing this with slightest expectations of ending this autocratic behavior. These clerks cannot be stopped because their behavior is simply a function of the way they are and how they think, their dispositions, and the way they deal with the criminal defendants. However, they can be understood, exposed, and watched, and there is a compelling reason to do so. While their misconduct may be considered harmless in the scheme of things, their larger undertaking is of great concern. These clerks, who carry out their vendetta against citizens almost never have to pay to either the government's or citizen's legal bills, and their only incentive is to stretch their power as far as possible.

Clerks like Ms. Tonya Wyche cannot be trusted to exercise the powers given to them. Examples of this nature, if not restrained by national control, would be multiplied and extended till they become serious sources of arbitrary and disparate treatment. To prevent future bigots and ignoramuses from controlling the judicial system, these clerks have to be de-fanged and their arbitrary powers be excised. And without governmental involvement - without active monitoring of the actions of the court clerks and without vigorous resistance to their misconduct - people will have few means to safeguard their lives and property.

'WOE UNTO YOU SCRIBES ... [YOU] TIE UP HEAVY BURDENS, HARD TO BEAR, AND LAY THEM ON THE SHOULDERS OF OTHERS; BUT [YOU] ARE UNWILLING TO LIFT A FINGER TO MOVE THEM ...

BLIND GUIDES ! YOU STRAIN OUT A GNAT BUT SWALLOW A CAMEL ... [YOU] HAVE NEGLECTED THE WEIGHTIER MATTERS OF THE LAW AND JUSTICE....' JESUS (Matthew 23:4-24).

Submitted by,

Dr. AKHIL BANSAL
Email :- perfectinjustice.bansal@gmail.com
Blog: drakhilbansal.blogspot.com

Posted by: Akhil Bansal | Nov 26, 2009 8:37:12 AM

This is a wonderful post. The things given are unanimous and needs to be appreciated by everyone.
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Posted by: johncina | May 6, 2011 12:09:32 PM

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